EFTA01198613

Electronically Fital 07/17/2013 01:37:26 PM ET IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KENNETH MANFREDI, SR., CASE NO. KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as Trustee for the Estate ofErnesto Liebster, Plaintiffs, vs. KOBALTEK, INC., an inactive Florida Corporation; MILLENNIUM LOCK INC. d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; DARREN BAYSINOER, individually; RON DANIELS, individually; and JOSEPH TITONE, individually, Defendants. COMPLAINT COME NOW the Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, by and through the undersigned attorney, and sue the Defendants, KOBALTEK, INC., an inactive Florida Corporation; MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; RON DANIELS, individually; DARREN BAYSINGER, individually; and JOSEPH TITONE, individually, and in support thereof allege: JURISDICTION AND VENUE 1. This is an action for Conversion, Civil Theft, Conspiracy, Fraud, and Breath of Fiduciary Duty, and is for damages that are within the jurisdiction of this Court, exclusive of interest, costs, and attorneys' fees. The Law Office ofMichael J. Reppas, 7850 146.' Street* Suite 501* Miami Lakes, FL • 33016•Tel(305)822-8422•Pax(305)822-3155 EFTA01198613 Manfredi, et. al. v. KoWick, Inc., et al. Plaintiff's Complaint Page 2 of 23 2. Plaintiff, KENNETH MANFREDI, SR. (hereinafter referred to as "MANFREDI SR"), is a adfurls Georgia resident. 3. Plaintiff, KENNETH MANFREDI, JR. (hereinafter referred to as "MANFREDI JR"), is a sui juris Texas resident. 4. Plaintiff, ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster (hereinafter referred to as "LIEBSTER"), is a suijuris Maine resident. 5. Defendant, KOBALTEK, INC., (hereinafter referred to as "KOBALTEK") was, at all limes material hereto, a Florida Corporation with its principal place of business in Bmward County, Florida, and conducting business in Miami-Dade County, Florida. 6. Defendant, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, (hereinafter referred to as "MILLENNIUM") was, at all times material hereto, a Texas Corporation conducting business in Miami-Dade County, Florida. 7. Defendant, RON DANITtIS (hereinafter referred to as the "DANIELS"), is a stet furls Texas resident, and is and was the President and Chief Executive Officer of Defendant, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, at all times material hereto. 8. Defendant, DARREN BAYSINGER (hereinafter referred to as the "BAYSINGER"), is a suijuris Broward County resident. 9. Defendant, JOSEPH TITONE (hereinafter referred to as the "JOSEPH TITONE"), is a sunfurls Broward County resident. 10. Venue is proper in Miami-Dade County, Florida, as the majority of the claims giving rise to the dispute occurred in Miami-Dade County and the Defendant KOBALTEK is a Miami-Dade County corporation. The Law Office ofMichael J. Reppas, 7850-. 116th Street. Suite 501. Miami Lakes, FL • 330I6•Tel(305)822-8422•Pax(105)822-3155 EFTA01198614 Manfredi, et. at. v. Kobahek, Ina, la al. Plaintiff's Complaint Page 3 o(23 FACTS 11. On February 15, 2010, and February 24. 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respectively, purchased 2,000 Model 4000 locks (hereinafter referred to as "SUBJECT MERCHANDISE") from Defendant, MILLENNIUM, and executed a personal guarantee as co-guarantor; for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). A true and correct copy of this Personal Guarantee is attached hereto and marked as Exhibit "A." 12. In our around March 2010, non-party, Rolando Martinez (hereinafter referred to as "MARTINEZ"), an employee of Defendants MILLENNIUM and DANIELS, prepared the SUBJECT MERCHANDISE for shipping from Houston, Texas, to Miami, Florida. See, Martinez's statement to the Miami-Dade County Police Department, dated April 20, 2012, regarding Theft Report Case *PO111027430601, a true and correct copy of which is attached hereto and marked as Exhibit "B?' 13. In or around March 2010, the SUBJECT MERCHANDISE was shipped to non- party, DTS DIRECT MAIL AND FULFILLMENT SERVICES, INC.'s (hereinafter referred to as "DTS") storage warehouse in Miami-Dade County, Florida. Shipping fees In the amount of ONE THOUSAND FOUR HUNDRED FORTY DOLLARS ($1,440.00) was paid by LIEBSTER. See, Straight Bill of Lading, a true and correct copy of which is attached hereto and marked as Exhibit "C." 14. Between April 21. 2010, and May 3. 2010, Plaintiffs, MANFREDI SR., and Ernesto LIEBSTER paid all amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE. See, Draft numbers 1350 and 1352 written from MANFREDI's The Law Office orMichael J. Reppas... 7850.. 146th Streel• Suite 501• Miami Lakes, FL • 33016•To1(305)822.8422•Fax(305)822-3155 EFTA01198615 AlaOedi, it al. v. Kelmtrek Inc., et al. Plaintiff's Complaint Page 4 of 23 Non-Party corporation, Developer Design Group, LW, true and correct redacted copies of which are attached hereto and marked as Composite Exhibit "D." 15. In or around June 2010 PLAINTIFFS entered into an agreement with a wholesale company in Jamaica for the purchase of the subject property 16. The SUBJECT MERCHANDISE was scheduled to remain in storage at DTS' warehouse until it was ready to be shipped to Jamaica. 17. On or around September 3,2010, Ernesto LIEBSTER died. 18. On or around September 6. 20)0, MARTINEZ was asked by Defendant DANIELS and/or Defendant MILLENNIUM to unload the SUBJECT MERCHANDISE into Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas. See, Exhibit "B." 19. MARTINEZ knew of the sale of the SUBJECT MERCHANDISE to Plaintiffs, MANFREDI SR and LIEBSTER, and believed same to be the rightful owners of the SUBJECT MERCHANDISE, and based on that knowledge arranged for the shipping of the SUBJECT MERCHANDISE to a warehouse in Miami, Florida 20. MARTINEZ believed that Defendants DANIELS and/or MILLENNIUM were no longer the rightful owners of the SUBJECT MERCHANDISE Id. 21. On or around September 8, 2010, and upon information and belief the SUBJECT MERCHANDISE was stolen by Defendants, DANIELS and MILLENNIUM from DTS' Warehouse, and taken across state lines to Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas. 22. MARTINEZ was aware of DANIELS and MILLENNIUM's scheme to steal the SUBJE.CT PROPERTY, but refused to take part in same. Id. The Law Office of-Michael J. Reppas,ill. 7850 M. 146th Streets Suite 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198616 Manfredi, el. at v. KobeItek Inc, et at. Plaintiff's Complaint Page 5 of 23 23. On or around September 26. 2010, PLAINTIFFS were notified that the SUBJECT MERCHANDISE had been stolen. PLAINTIFFS immediately notified the Police and FBI regarding said theft. See, Miami-Dade Police Department Theft Report, Case fiPD111027430601, a true and correct copy of which is attached hereto and marked as Exhibit "E." See also, Exhibit "B." 24. In or around September 201% upon information and belief; Defendants, BAYSINGER and JOSEPH TITONE began conspiring against PLAINTIFFS for the purposes of diverting potential insurance proceeds for the theft of PLAITNIFF's SUBJECT MERCHANDISE from DTS's warehouse. 25. On or around September 29. 2010, and in furtherance of the conspiracy identified in paragraph 24 above, Defendant BAYSINGER formed KOBALTEK, INC (a named defendant herein). See, Articles of Incorporation for Kobaltek, Florida Department of State, Division of Corporations, a true and correct copy of which is attached hereto and marked as Exhibit "F." 26. In or around September and October 2010, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant JOSEPH TITONE contacted non-party Sherman Daley (hereinafter referred to as "DALEY'', former sales agent for LIEBSTER, and wrongfully informed DALEY that JOSEPH TITONE was representing Plaintiffs, MANFREDI SR and LEBBSTER in a lawsuit against DTS regarding the stolen SUBJECT PROPERTY. See, Letter from Daley to Manfredi, dated April 23, 2012, a true and correct copy of which is attached hereto and marked as Exhibit "G." 27. In or around September and October 2010, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant BAYS1NOER requested that DALEY issue a The Law Office ofMichael J. Reppas, 7850-. 146th Street• Suite 501e Miami Lakes, PL • 33016•TcK305)822.8422•Pax(305)822-3155 EFTA01198617 Manfred!, et. al. v. Kokolink, Inc., et ar. Plaintiff's Complaint Page 6 of 23 new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's name." Id. 28. Defendant BAYSINGER further told DALEY that Defendant JOSEPH TITONE believed that this new purchase order would "hold 'more credibility' and show standing in this case [against Mr Id. 29. DALEY refused to comply with Defendants JOSEPH TITONE and BAYSINGER's request to fraudulently alter the purchase order as discussed in the preceding paragraph. Id. 30. On or around October I. 2010, MARTINEZ discovered the SUBJECT MERCHANDISE at Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas, and notified PLAINTIFFS of same. 31. On or around October 22. 2010, and January 7. 2011, PLAINTIFFS made a demand for the immediate compensation of the stolen SUBJECT PROPERTY. 32. On or around October 29. 2010, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant KOBALTEK, via Defendant BAYSINGER and represented by Defendant JOSEPH TITONE, filed a lawsuit against DTS seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse. 33. In or around January 2011, PLAINTIFFS opened an investigation with the FBI Office in Houston, Texas, regarding the theft of the SUBJECT PROPERTY transported across state lines. 34. In or around March 2011, and over FIVE.(5) months after having filed the lawsuit described above, and in furtherance of their conspiracy, Defendant, BAYSINGER approached The Law Office ofMichael J. Reppas, 7850M. 146th street. Suit() 501* Miami Lakes, FL • 33016•Te4(305)822-8422•Fax(305)822-3155 EFTA01198618 Manfredi, et. at v. Kobrdiek, Inc., et at. Plaintiff's Complaint Page 7 of 23 PLAINTIFFS for the first time and infonned them that he had just teamed of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS make an insurance claim against DTS. See, Kobaltek v. DTS Direct Mall & Fulfillment Services, Miami-Dade County Circuit Court Case No. 10-58137, a true and correct copy of the Docket Information is attached hereto and marked as Exhibit "H." 35. On or around June 14. 2011, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant KOBALTEIC, via Defendant BAYSINGER, represented by Defendant JOSEPH TITONE, settled the lawsuit with DTS for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00). See, Kobaltek v. DTS Direct Mail & Fulfillment Services, Miami-Dade County Circuit Court Case No. 10-58137, Mediator's Report and Settlement Agreement, dated June 14, 2011, a true and correct copy of which is attached hereto and marked as Exhibit "I." 36. In or around June 2011, Defendant JOSEPH TITONE approached non-party, Anthony Titone, Esq. (Defendant JOSEPH TITONE's brother and hereinafter referred to as "ANTHONY TITONE") and . requested to use ANTHONY TITONE's Florida Bar Trust Account for the receipt and distribution of the settlement funds. See, Affidavit of Anthony Titone with Attachments, a true and correct copy of which is attached hereto and marked as Composite Exhibit "J." 37. ANTHONY TIFONE did not seek or receive the permission of any of the PLAINTIFFS to accept and distribute said funds or in any other way to represent them as their attorney. The Law Office of Michael J. Reppas, 7850 M. 146th Street • Suite 501* Miami Lakes, FL • 33016.Tel(305)822-8422•Fax(305)822-3155 EFTA01198619 Manfredi, et. al. v. Kobelick. Inc., et at Plaintifrs Complaint Page 8 of 23 38. On or around June 24. 2011, ANTHONY TITONE deposited the TWENTY- FIVE THOUSAND DOLLARS ($25,000.00) settlement funds into his Trust Account. See, Composite Exhibit "J." 39. On or around July 1, 2011, ANTHONY TITONE, at the direction of JOSEPH TITONE and BAYSINGER, distributed from his Trust Account the proceeds from the settlement with DTS as follows: JOSEPH TITONE received FIFTEEN THOUSDAND FIVE HUNDRED DOLLARS ($15,500.00) and BAYSINGER received NINE THOUSAND FIVE HUNDRED DOLLARS ($9,500.00). See, Composite Exhibit "J." 40. In furtherance of their conspiracy, and despite having already filed and settled the lawsuit against DTS, BAYSINGER, in or around July 2011, informed PLAINTIFFS of his intention to hire JOSEPH TITONE to represent them in a lawsuit against DTS on behalf of PLAINTIFFS; the PLAINTIFFS refused JOSEPH TITONE's representation or involvement in any way with the dispute. 41. In or around September 2011 in furtherance of their conspiracy, and despite having already filed a lawsuit against DTS and settled same, BAYSINGER informed PLAITNIFFS that they were able to recover FIVE THOUSAND DOLLARS ($5,000.00) from DTS but needed said fluids to compensate JOSEPH TITONE. 42. In or around November 2011, PLAINTIFFS contacted DTS' Chief Operating Officer, Christopher Trainor, who informed PLAINTIFFS that they had fallen victims of a hoax by JOSEPH TITONE and BAYSINGER. 43. In or around December 2011, PLAINTIFFS received,for thefirst time, a copy of the settlement agreement between DTS and KOBALTEK, signed:by BAYSINGER on behalf of KOBALTEK and signed by JOSEPH TITONE. See, Exhibit "I." The Law Office ofMichael J. Reppas, 7850-. Me Street• Suite 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198620 Manfredi, et. al. v. ICobahek, Inc., et al. Plaintiff's Complaint Page 9 of 23 44. In or around January 2012 Mark Goldstein, attorney for DTS, orally informed the PLAINTIFFS that BAYSINGER and JOSEPH TITONE "scamined" PLAINTIFFS by wrongfully and fraudulently filing and settling the matter against DTS. 45. In or around January 2912, Mr. Goldstein further orally informed the PLAINTIFFS that BAYSINGER and JOSEPH TI'I'ONE perpetuated multiple frauds upon the Court in the lawsuit against DTS by altering documents to establish standing in said case. 46. In or around February 2012, PLAINTIFFS approached BAYSINGER and inquired about the TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) settlement. Defendant BAYSINGER informed PLAINTIFFS that Defendant JOSEPH TITONE took the TWENTY- FIVE 'THOUSAND DOLLARS (S25,000.00), and then immediately ended the parties' conversation. 47. In or around March 2012 PLAINTIFFS filed a complaint with the Florida Bar against Defendant JOSEPH TITONE for filing the frivolous lawsuit referred to above and for stealing the TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) settlement funds resulting from same. Said complaint with the Florida Bar is still under investigation. 48. The SUBJECT MERCHANDISE identified above was placed from, delivered to, stored in and stolen from Miami-Dade County, Florida 49. The wrongful lawsuit and resulting settlement was filed in Miami-Dade County, Florida. 50. The settlement funds were paid, received and deposited, and released in Miami- Dade County, Florida. 51. To date, Defendants have not returned any of the SUBJECT MERCHANDISE or otherwise compensated PLAINTIFFS for the theft of same. The Law Office of Michael J. Reppas,II. 1850.. 146°' Street• Suite 501• Miami Lakes, EL • 33016•Tek305)822-8422•Pax(305)822-3155 EFTA01198621 Manfredi, el. at. v. Kobethek, Inc., a at Plaintiff's Complaint Page 10 of 23 52. At present, Defendants, MILLENNIUM and DANIELS owe PLAINTIFFS an amount in excess of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), not including interest and attorneys' fees and costs. 53. At present, Defendants, KOBALTEK, BAYSINGER, and JOSEPH ITTONE, owe PLAINTIFFS an amount in excess of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. 54. All demands, opportunities to cure and all conditions precedent to the bringing of this action have been performed, have occurred, or have been waived. COUNT I - CONVERSION (AGAINST DEFENDANTS DANIELS AND MILLENNIUM) 55. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if fully set forth herein. 56. On February 15, 2010, and February 24, 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respectively, purchased 2,000 Model 4000 locks (hereinafter referred to as "SUBJECT MERCHANDISE") from Defendant, MILLENNIUM, and executed a personal guarantee as co-guarantors, for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 57. In or around March 2010, the SUBJECT MERCHANDISE was shipped to DTS' storage warehouse in Miami-Dade County, Florida. Shipping fees in the amount of ONE THOUSAND FOUR HUNDRED FORTY DOLLARS ($1,440.00) was paid by LIEBSTER. See, Exhibit "C." The LawOffice ofMichad J. Repub.,,M. 7850 Mt Street* Suite 501a Miami Lakes, FL a 330168Te1(305)822-84228Fax(305)822.315$ EFTA01198622 Mattfredt, et. at v. Kobaltek, Ina, et at Plaintiff's Complaint Page I I of 23 58. Between April 21, 2010, and May 3, 2010, Plaintiffs, MANFREDI SR. and Ernesto LIEBSTER, paid all amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE. See, Composite Exhibit "D." 59. On or about September 8, 2010, Defendants, DANIELS and MILLENNIUM converted to their own use the SUBJECT MERCHANDISE that was then the property of PLAINTIFFS of the value of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 60. PLAINTIFFS have made several demands for the return of the property or the value thereof, however, such demands have been futile, and Defendants, DANIELS and MILLENNIUM remain in possession of said property. 61. PLAINTIFFS were damaged as a result of Defendants, DANIELS and MILLENNIUM's wrongful retention of SUBJECT MERCHANDISE in an amount no less than ONE HUNDRED THOUSAND DOLLARS (SI 00,000.00), not including interest and attorneys' fees and costs. 62. As a direct and proximate result of Defendants, DANIELS and MILLENNIUM's wrongful retention of SUBJECT MERCHANDISE, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTF.R, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation, and RON DANIELS, individually, for damages in an amount exceeding ONE HUNDRED THOUSAND DOLLARS (5100,000 00), prejudgment interest, an award of The Law Office of Michael J. Reppas, 7850M Me Streets Suite S01• Miami Lakes, FL, • 33016•Tel(305)822.8422•Fax(305)B22-31$5 EFTA01198623 Manfredi, et, al. v. KobeFmk, Inc., et at Plaintiff's Complaint Page 12 of 23 attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. COUNT II - CIVIL THEFT (AGAINST DEFENDANTS DANIELS AND MILLENNIUM) 63. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if fully set forth herein. 64. As previously stated herein, on February 15, 2010, and February 24, 2010, Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respectively, purchased the SUBJECT MERCHANDISE from Defendants, MILLENNIUM and DANIELS, and executed a personal guarantee as co-guarantors, for the SUBJECT MERCHANDISE in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." 65. As previously stated herein, PLAINTIFFS paid all amounts due for the SUBJECT MERCHANDISE pursuant to the PERSONAL GUARANTEE by or before May 3, 2010. See, Composite Exhibit "D." 66. Accordingly, the PLAINTIFFS had a legally recognized property interest in the SUBJECT MERCHANDISE. 67. As previously stated herein, on or around September 8, 2010, Defendants, DANIELS and MILLENNIUM obtained the PLAINTIFF's SUBJECT PROPERTY with a felonious intent to commit a theft and permanently deprive PLAINTIFFS' of their rights to and benefit of said property. 68. The value of said property was ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A." The Law Office of Michael J. Reppas, 7850 146• Street• Sake 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198624 Manfredi, et. al. v. Kobetrek, Inc., et al. Plaintiff's Complaint Page 13 of 23 69. As previously stated herein, Defendants, DANIELS and MILLENNIUM, wrongfully and illegally converted the SUBJECT PROPERTY from the DTS warehouse in Miami-Dade County, Florida, and took it across state lines to their facilities in Houston, Texas. 70. PLAINTIFFS were injured by Defendants, DANIELS and MILLENNIUM's violation of §812.014 of the Florida Statutes (2013). 71. On or around November 2012, PLAINTIFFS made a formal demand for the value of the SUBJECT PROPERTY to no avail. 72. As a result of Defendants, DANIELS and MILLENNIUM 's actions, and pursuant to §772.11 of the Florida Statutes (2013), PLAINTIFFS are entitled to treble damages and reasonable attorneys' fees and court costs. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIERSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation, and RON DANIELS, for treble damages in the amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00), prejudgment interest, an award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. COUNT III - CONVERSION (AGAINST DEFENDANTS KOBALTEK, BAYSINGER AND JOSEPH TITONE) 73. PLAINTIFFS repeat and re-allege paragraphs I through 54, as if fully set forth herein. 74. On or about June 14, 2011, Defendants, KOBALEK, BAYSINGER, AND JOSEPH TITONE, converted to their own use settlement funds that were then the property of PLAINTIFFS of the value of TWENTY FIVE THOUSAND DOLLARS ($25,000.00). TheLaw Office of Michael 3. Reppas,... 7850M. 146Th Street* Suite 501* Miami Lakes, FL. • 33016•Tel(305)822.8422•Floc(305)822-3155 EFTA01198625 Manfredi, et al. if. Kalmuck, Inc., el at Plaintiff's Complaint Page 14 of 23 75. PLAINTIFFS have made several demands for the settlement funds, however, such demands have been futile, and DEFENDANTS remain in possession of said property. 76. PLAINTIFFS were damaged as a result of DEFENDANTS' wrongful retention of said settlement funds in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. 77. As a direct and proximate result of DEFENDANTS' wrongful retention of said settlement funds, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate ofErnesto Liebster, demand a judgment against the Defendants, KOBALTEK, INC., an inactive Florida Corporation, DARREN BAYSINGER, individually, and JOSEPH TITONE, individually, for damages in the amount no less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, an award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. COUNT IV - CONSPIRACY (AGAINST DEFENDANTS BAYSINGER AND JOSEPH TITONE) 78. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if fully set forth herein. 79. As previously stated herein, Defendants, BAYSINGER and JOSEPH TITONE, conspired against PLAINTIFFS by doing the following overt acts in furtherance of their conspiracy: The Law Office ofMichael J. Reppas, 7850-. 1461%Serest• Suite 501* Miami Lakes, FL • 33016.Tet(305)822-8422sFax(305)822-3155 EFTA01198626 Manfred!, et. al. v. Kobakek, Inc., at al. Plaintiff's Complaint Page I5 of 23 A. by conspiring to divert potential insurance proceeds for the theft of PLAITNIFF's SUBJECT MERCHANDISE from DTS's warehouse; 13. by forming Defendant, KOBALTEK, on or around September 29, 2010, for the purposes of using such entity as the Plaintiff in the wrongful lawsuit filed against DTS; C. by BAYSINGER's soliciting and hiring Defendants JOSEPH TITONE without the PLAINTIFFS' knowledge or approval, and despite their absolute protest about doing so; D. by JOSEPH TITONE'S representation of the PLAINTIFF's company and assets without their knowledge or consent; E. by conspiring to knowingly, wrongfully, falsely and maliciously make statements to DALEY, and wrongfully informing DALEY that JOSEPH TITONE was representing Plaintiffs, MANFREDI SR and LIEBSTER against DTS regarding the stolen SUBJECT PROPERTY; F. by conspiring to knowingly, wrongfully, falsely and maliciously request that DALEY issue a new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's name," as such would "hold 'more credibility' and show standing in this case (against DTS);" G. by filing a lawsuit against DTS on October 29, 2010, seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse without the knowledge or consent of the PLAINTIFFS; H. approaching PLAINTIFFS FIVE (5) months after having already wrongfully filed the lawsuit described in the preceding paragraph, and for the first time informing The Law Office ofMichael J. Reppas, 7850 l46i' Street• Suite 501• Miami Lakes, FL • 33016•Tol(305)822-8422•Fax(305)822-3 55 EFTA01198627 Manfredi, et al. v. Kohnllek, Inc., et al. Plaintiff's Complaint Page 16 of 23 PLAINTIFFS that Defendant BAYS1NGER had just learned of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS in snaking an insurance claim against D'I'S; 1. by settling the case for insurance claims against DTS on June 14, 2011, and in spite of the fact that the PLAINTIFFS had no knowledge that such lawsuit had been filed in the first place; J. by informing PLAINTIFFS, in or around July 2011, of Defendant BAYS1NGER's intention to solicit the assistance of JOSEPH TITONE in the recovery efforts against DTS, all the while having already known of JOSEPH TITONE's involvement in same, and having known of same already having been settled; K. by informing PLAINTIFFS, in or around August 2011, that DTS offered to settle the matter for FIVE THOUSAND DOLLARS ($5,000.00), despite the fact that Defendants had already filed a lawsuit against D'I'S, and settled same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), five times the amount relayed to the PLAINTIFFS; L. by intentionally misinforming PLAINTIFFS, in September 2011, that he was able to secure a FIVE THOUSAND DOLLARS ($5,000.00) settlement from DTS, but that same was needed to compensate JOSEPH TITONE for his services; M. by failing to provide PLAINTIFFS with a copy of any documents whatsoever reflecting the settlement with DTS regarding the SUBJECT MERCHANDISE; N. by directing DTS to deposit the settlement funds into ANTHONY TITONE's Trust Account; The Law Office of Michael J. Reppas:. 7850 146th Suect• Suite 501* Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3b5 EFTA01198628 Manfredi, ei. al. v. Kobaliek, Inc., er al. Plaintiff's Complaint Page 17 of 23 O. by perpetuating multiple frauds upon the PLAINTIFFS, DTS, and the Court in the lawsuit against DTS, by altering documents to establish standing in said case; P. by otherwise conspiring to knowingly, wrongfully and illegally alter documents and submit same to the Court for purposes of obtaining a settlement from DTS; Q. conspiring to obtain and retain the settlements amounts received from the lawsuit against DTS; and R. by otherwise conspiring against the Plaintiffs as described with particularity in paragraphs 1 through 54 above. 80. PLAINTIFFS were damaged as a direct and proximate result of Defendants, BAYSINGER and JOSEPH TITONE's conspiracy for the amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. 81. As a direct and proximate result of BAYSINGER and JOSEPH TITONE's conspiracy, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover the settlement amount. WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Entesto Liebster, demand a judgment against the Defendants, DARREN BAYSINGER, individually, and JOSEPH TITONE, individually, for damages in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, an award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. The Law Office ofMichael J. Reppas,.. 7850 146th Streets Suite 501* Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198629 Manfredi, et, al. V. Kobaltek, Inc., et at Plaintiff's Complaint Page 18 of 23 COUNT V - FRAUD (AGAINST DEFENDANTS KOBALTEK, BAYSINGER AND JOSEPH TITONE) 82. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if (tiny set forth herein. 83. In or around September and October 2010, and unbeknownst to PLAINTIFFS, Defendant JOSEPH TITONE contacted DALEY, and knowingly, wrongfully and falsely misrepresented to DALEY that JOSEPH TITONE was defending Plaintiffs, MANFREDI SR and L1EBSTER against DTS regarding the stolen SUBJECT PROPERTY. Sec Exhibit "G." 84. In or around September and October 2010, and unbeknownst to PLAINTIFFS, and in furtherance of their conspiracy, Defendant BAYSINGER requested that DALEY issue a new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's name." Id. 85. Defendant BAYSINGER further told DALEY that JOSEPH TITONE believed that this new purchase order would "hold 'more ercdibility' and show standing in this case [against DTS)." Id. 86. On or around October 29. 2010, Defendant KOBALTEK, via Defendant BAYSINGER and represented by Defendant JOSEPH TITONE, knowingly, wrongfully and falsely misrepresented to the Circuit Court of Miami-Dade County that same had standing to filo a lawsuit against urs seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse. 87. In an effort to establish standing, Defendants KOBALTEK, BAYSINGER and JOSEPH TITONE wrongfully and illegally altered documents and submitted same to the Court. The Law Office ofMichael 3. Reppas,.. 7850 146th Street* Suite 5010 Miami Lakes, FL • 33016•Teff305)822-8422•Fax(305)822-3155 EFTA01198630 Manfredi, et at v. Kobeliek, Inc., ei al. Plaintiff's Complaint Page 19 of 23 88. In or around March 2011 and over FIVE (5) months after having filed the lawsuit described in the preceding paragraph, Defendant BAYSINGER knowingly, wrongfully and falsely misrepresented to PLAINTIFFS that he had just learned of the theft of the SUBJECT PROPERTY, and offered to assist PLAINTIFFS make an insurance claim against DTS. 89. In or around Aurtust 2011, despite having already filed a lawsuit against DTS and settled with same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), BAYSINGER knowingly, wrongfully and falsely misrepresented to PLAINTIFFS that DTS offered to settle the matter for FIVE THOUSAND DOLLARS ($5,000.00). 90. In or around September 2011, in furtherance of their conspiracy, and despite having already filed a lawsuit against DTS and settled same, BAYSINGER informed PLAITNIFFS that they were able to recover FIVE THOUSAND DOLLARS ($5,000.00) from 131S but deeded said funds to compensate JOSEPH TITONE. 91. BAYSINGER and JOSEPH TITONE made such misrepresentation intending for DTS and the CIRCUIT COURT OF MIAMI-DADE COUNTY to rely on such misrepresentations, ultimately, to the detriment of the PLAINTIFFS and DTS. 92. PLAINTIFFS were damaged as a result of DALEY, the CIRCUIT COURT OF MIAMI-DADE COUNTY and DTS' reliance on said misrepresentations, in an amount not loss than TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including not including interest and attorneys' fees and costs. 93. As a direct and proximate result of DEFENDANTS' wrongful conduct, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. The Law Office of Michael J. Reppas,.. 7850 M. 146th Street. Suite 5010 Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155 EFTA01198631 Manfredi,et al. v. Kobaltek Inc., d at Plaintiff's Complaint Page 20 of 23 WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendants, KOBALTEK, INC., an inactive Florida Corporation, DARREN BAYSINGER, individually, and JOSEPH TITONE, individually, for damages in the amount no less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, an award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. COUNT VI - BREACH OF FIDUCIARY DUTY (AGAINST DEFENDANT JOSEPH TITONE) 94. Plaintiff repeats and re-alleges paragraphs I through 54, as if fully set forth herein. 95. JOSEPH TITONE is an attorney licensed to practice in the State of Florida and, accordingly, is required to comply with the Florida Bar Rules of Professional Conduct. 96. The Florida Bar Rules of Professional Conduct impose upon JOSEPH TITONE, and all attorneys licensed in the State, with a fiduciary duty to all individuals and entities they represent 97. JOSEPH TITONE was not retained by or authorized to act as an attorney for the Plaintiffs with respect to the action styled as: Kobaltek, hia v. D7S Direct Mail & Fulfillment SVCS, Inc.,Fla.,11th Cir., Case No.: 2010-58137-CA-01. See, Exhibit "H." 98. JOSEPH TITONE falsely represented to DTS and the Court, that he was counsel for the Plaintiffs in the case he prosecuted and, ultimately, settled; to wit: Kobaltek, Inc. v. DTS Direct Mail & Fulfillment SVCS, Inc., Fla., 1 Case No.: 2010-58137-CA-01. See, Exhibit The Law Office ofMichael J. Itcppas, 71350 M. Mel' Street• Suite 501• Miami Lakes, EL • 33016•Tel(305)822-8422•Pax(305)822-3155 EFTA01198632 Magredl. as. at v. Kelmlick, Inc., n al. Plaintiff's Complaint Page 21 of 23 99. JOSEPH TITONE wrongfully acquired and thereafter abused his fiduciary role as counsel for the Plaintiffs, by taking unconscionable advantage of the Plaintiffs, to their great detriment, by performing the acts identified below, Inter alia : A. by conspiring to divert potential insurance proceeds for the theft ofPLAITNIFF's SUBJECT MERCHANDISE from DTS's warehouse; B. by fonning KOBALTEIC, on or around September 29, 2010, for the purposes of using such entity as the Plaintiff in the wrongful lawsuit filed against DTS; C. by representing the PLAINTIFF's company and a.kte'S without their knowledge or consent; D. by conspiring to knowingly, wrongfully, falsely and maliciously request that DALEY issue a new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and 'white out' Mr. Liebster's name," as such would "hold 'more credibility' and show standing in this case [against DTS];" E. by filing a lawsuit against DTS on October 29, 2010, seeking compensation for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS warehouse without the knowledge or consent of the PLAINTIFFS; F. by settling the case for insurance claims against DTS on June 14, 2011, and in spite of the fact that the PLAINTIFFS had no knowledge that such lawsuit had been filed in the first place; G. by conspiring with BAYSINGER to inform PLAINTIFFS, in or around July 2011, ofBAYSINGER's intention to solicit the assistance of JOSEPH TITONE in the recovery efforts against DTS, knowing of the prior unauthorized representation in said suit and having known of same already having been settled; The Law Office ofMichael J. Reppas, 7850m. meh Sweets Suite 501* Miami Lakes, FL • 33016•To1(305)822-8422•Pax(305)822-3155 EFTA01198633 Manfredi, at at v. Kobalrek, Inc., of at. Plaintiff's Complaint Page 22 of 23 H. by informing PLAINTIFFS, in or around August 2011, that DTS offered to settle the matter for FIVE THOUSAND DOLLARS ($5,000.00), despite the fact that Defendants had already filed a lawsuit against DTS, and settled same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), Jive times the amount relayed to the PLAINTIFFS; 1. by intentionally misinforming PLAINTIFFS, in September 2011, that he was able. to secure a FIVE THOUSAND DOLLARS ($5,000.00) settlement from DTS, but that same was needed to compensate JOSEPH TITONE for his services; J. by failing to provide PLAINTIFFS with a copy of any documents whatsoever reflecting the settlement with DTS regarding the SUBJECT MERCHANDISE; K. by directing DTS to deposit the settlement funds into ANTHONY TITONE's Trust Account; L. by perpetuating multiple frauds upon the PLAINTIFFS, DTS, and the Court in the lawsuit against DTS; M. by altering and falsifying documents to establish standing in said case; N. by self-dealing; O. by converting funds belonging to others; P. failing to hold in trust the property of others; Q. by otherwise conspiring to knowingly, wrongfully and illegally alter documents and submit same to the Court for purposes of obtaining a settlement from DTS; R. conspiring to obtain and retain the settlements amounts received from the lawsuit against DTS; and TheLaw Office atMichael J. Reppas, 7850M. He Street• Suite 5010 Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822.3155 EFTA01198634 Manfredi, et at v. Kahane& Inc., et at Plaintiff's Complaint Page 23 of 23 S. by otherwise conspiring against the Plaintiffs as described with particularity in paragraphs 1 through 54 above. 100. PLAINTIFFS were damaged as a direct and proximate result of JOSEPH TITONE's breach of fiduciary duty in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs. 101. As a direct and proximate result of JOSEPH TITONE's breach of fiduciary duty, the PLAINTIFFS were required to retain the services of the undersigned attorney to recover this debt. WHEREFORE Plaintiff; KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIBBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment against the Defendant, JOSEPH TITONE, individually, for damages in the amount no less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, an award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues triable. Respectfully submitted, Law Offices of Michael J. Reppas, Attorneysfor Plaintiffs 7850 NW 146th Street, Suite 501 Miami Lakes, Florida 33016 Telephone: (305)822-8422 Facsimile: (305)822-3135 By: /s/ George C. Palaidis Michael J. Reppas II Florida Bar No. 124702 George C. Palaidis Florida Bar No. 056666 The Law Office of Michael 7. Reppas, 7850.. 146th Street* Suite 501* Miami Lakes, FL • 33016•TeK305)822-8422•Fax(305)822-3155 EFTA01198635 rob 25 2010 2103PM DSG HP L0SERJE1 FAX •1 PERSONAL. GUARANTEE TN'S GUARANTEE dated this 12th day of February, 2010. From: Ernesto Uebster and Kenneth Manfredi, (Collectively the Guarantors) To: Ron Daniels of Ultimate Lock Systems, 6150 Richmond Ave. Houston TX 77057 (The Lender) Re: Cobalt Corp (The Debtor) In Consideration of good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged, the Guarantors jointly and severally, personally guarantees the prompt, full and complete performance of any and all existing duties and obligations of the Debtor to the Lender and payment of any and all Indebtedness due to the lender and the debtor (collectively the "Debt") up to a limit of $50,000, Under the terms of certain debt agreements (The Agreement) and the following terms and conditions: 1. The Guarantor guarantees that the Debtor will promptly pey the agreed amount of the debt when it becomes due according to the terms and conditions provided by the Agreement hereby acknowledged by the Lender or upon acceleration of the payment by reason of default, 2. Tice Guarantor further agrees not to mortgage, hypothecate or transfer Esny of the Guarantor's assets without the prior written consent of the Lender. 3. The Debt. in question consists of no less then 20O0 units pf the Model 4090 Ultimate Lad( Inventory valued at $100,000. 4. Additionally the Lender agrees to accept the remainder of the Inventory valued at fifty ($50.) per unit as partial or complete payment In the event that•the Debtor defaults In the obligatIons of the Agreement for payment of the loan. The Guarantor further agrees to pay for shipping and all cost associated with returning the Inventory as payment of the "Debt". 5. In exchange for these considerations, for the above personal guarantee, the Lender agrees to pay the Guarantors the Initial gross sales proceeds of Filly ($50,000.) as payment for the EXHIBIT at If 1 'el XH3 13VM3SU1 dH 9UU Nclet:2 ITOZ to tnt EFTA01198636 Feb 2S 2010 2:03PM PSG AP LASERJET FAX p.2 consulting agreement previously signed and acknowledged by the terms and conditions stated In that agreement and so acknowledged by the Lenders signature attached below. 6. The Lender Is hereby authorized at any time to Inspect the Inventory as the Lettder sees fit to Insure that the terms and conditions of the loan are being adhered. 7. The Lender agrees to hold any and all remaining balance due the Guarantors in escrow after the initial sale Of the above mentioned inventory until the entire consulting fee ($50,0D0) Is paid In full, by that agreement acknowledged here In this Personal Guarantee, Fifty Thousand Dollar, ($50,000.) 8. By this agreement the Lender agrees not to cominvle the Guarantor's funds associated with this personal guarantee collected with any of the sales proceeds for ultimate Lock Systems or Millennium Lock System's Inc. These funds collected are specifically earmarked for payment of the Consulting Fee described In this PerSonal Guarantee. OUARANTICI FOR VALUE MOWED, the undersigned haraby guaranty ahr-olotaly a A uncondidonally prompt payment of the withillir al guarantee and agree to pay all cost of collection and attorneys' lea, or paid by tine Lender In the collection and/or enforcernapt of said sutra ee and the enforoanant or this guarantee. Signatures: ceren A49 .-k• 66-e : bender DATE wk%17a 41aSsrts2 ?r•-cs2-1C- /0 GuAnAtfroa DATE KernMay& 5—ic?-t- •d XUd lac-mass, dH 900 Hdell2 1102 to /nr EFTA01198637 Statement of Rolando Martinez regarding the transportation of the stolen locks from the DTS Warehouse 5800 Miami Lakes DR, Miami Florida 33014 CASE # PD111027430601 THEFT REPORT Sergeant Ruesga MIAMI-DADE POLICE DEPARTMENT April 20, 2012 I am over the ago of 21 and have personal knowledge of the matter set forth herein: To the best of my knowledge and as an employee of Millennium Lock and Ron Daniels, it was requested of mo to lake a truck and go to Miami from Houston to the DTS Warehouse where Ernesto Liebster had 2000 model 4000 Ultimate Locks stored and present them with documents supplied by Ron Daniels. I had originally loaded the 2000 units for shipping when they purchased the locks from Daniels warehouse in Houston and was asked to unload the locks when he received them back in his warehouse after they returned to Houston. This is how I know he has the original locks sold to them. This request was made on or about September 6, 2010 a few days after the death of Mr. Uebster. As a person who has worked with Mr. Daniels and knew of the sale of these locks to Mr. Manfredi and Mr. Liebster I refused to take part in this request. I believed that they, Manfredi and Liebster, had purchased the locks and that Mr. Daniels no longer had ownership of these locks. I believed this because Manfredi and Liebster had arranged shipping for the model 4000 locks to their warehouse some month earlier and were selling these locks to their contacts in Jamaica. As I told Agent Dillon of the Houston Bureau of the FBI, in July of 2011, I did not want to be pad of any theft charges that may arise as a result of this action. Also I felt taking these locks across state lines could result in a Federal Felony charge and wanted no pad of what Daniels had planned. After this I found out that he hired a trucking company to pick up the locks from that warehouse and made Manfredi aware of his actions. Mr. Manfredi and Mr. Liebster were planning to buy the remaining model 4000 Inventory from Daniels as per their conversations that I witnessed by being in their company on many occasions during their time with Daniels discussing their International business. It was also my belief that Ron Daniels had no ownership or partnership with Liebster or Manfredi based on those same conversations and Ron Daniels wanting to liquidate this old inventory for some time. I did witness the personal guarantees that they signed for the inventory and felt that they were the legal owners of this merchandise. I can be contacted for additional information on my knowledge of this event given freely and with my consent this day of April, 2012 Rolando Martinez EFTA01198638 Menu - Schedule A Kobaltek, Inc. Description of Services and Pricing Schedule Product Receiving To receive materials. vat quality andquantity. add to physical inventory. add to computer inventory, andnotify client 818.00 per pallet (or part thereof) (IfSolid containers ore received, addDO perpallet breakdown charge) Order input from fax or other bard copy, if not electronic file S1.25 per order Order Processing including download °Elle: in an electronic-compatibleformat, printing Pick & pack slip, pick-pack and quality check operations and shipping I prepackaged item, (Does not include any shopping cart or credit cardprocessingfunctions) 51.95 per order Option: Ifadditional Items are included in same order addper item (not boxed) 51.00 each item Bulk Orders: Pre-packed Cartons Includespick & pack slip, pulling pre-packaged Canon, and preparing labelfor shipment. $4.95 per box Pallet Orders: Pre-packed Cartons Includes pick & pack slips pulling palletized cartons, and preparing labelfor shipment. S45.00/pallet Pallet Storage: Storage in our secured warehouse, including monthly Inventory report. $24.50 per pallet per month Returns Handled complete S4.95 each Product Paeltaging Materials when needed Cost plus 20% Initiate I EXHIBIT ZO/I0 abed BOON 51.111130 L0:ZI L00Z/0E/T0 EFTA01198639 Menu - Schedule A Shipping Carrier Charges Client will provide r i parry billing information $200 Postage trustfor PO Box Shipments NOTE: No COD Orders or Shipments will be processed Kitting & Assembly To be quoted on an as-needed basis. Reporting: Standard Monthly Reports No Charge Monthly Service Minimum $250.00 Set Tip Fee S250.00 (Excluding Computer Programming) Monthly Coordination & Database Management Fee S200.00 Trust Postage/Freight An advance trust account Is required to cover an estimated 0 weeks ofusage, unless third party billing. This will be audited and acau.sted on an on-going basis. Recycling To take existing inventory and dtmipster or recycle. S 50.00 per pallet (or part thereof) Order Processing Times: Standard Orders are processedby end ofnext business day after receipt. Rush Orders: Every effort will be made to handle RUSH ORDERS in the requested timeframe, however will not be guaranteed. Average UPS charge for 5 lbs. to Chicago is S7.32 so we recommend you use 514.95 for shipping and handling for 1 unit and $4.00 per added unit. Orders will be held in our secured facility and only released upon receipt of an electronic order tilt or an email with all details from a pre-authorized individual only. DTS Direct ifrie& t •mifinmcnt, Inc. Kobaltek, I Larry Otissel orp Ernesto Ilebster 7 Date; AAA 20(0 Date: / I O 2 Initial / 31,0010 Ze/Z0 abed 800# 5211/130 20:ZI L00Z/0£/TO EFTA01198640 04/10/12 08:56Pri DDG PPADS Bank of America I Online Banking I Transaction Image Print Page 1 of 1 Bank of America P, Online Banking PLUM PADS ; Chock Image Chock imago: •••••-.• ••••• • ••••• LorniOttitali OliouP LLO 1362 PLOW PADS nocaO9 DLYDNI ticAstIOKix MOS ,shitzt. 'Ara' Sheik. &xi'? kii; T aallfookifeers Rank of America' 6:1 SPI el, 13000ne 3): #0005000000? If tttttttt tro nitteslig -s etiL 13NS V ;>%1Pui bittr.kti • • .O us; at I.%E.L:1 X %1 •Stm.3 43:•;trisr , • If • . • 903001707 EXHIBIT co nit, of.- 4/17/AccountbetailsCon EFTA01198641 04/10/12 08:36PM PVC ?PADS p.02 Bank of America I Online Banking Irttu illinim action Image Print Page 1 of 1 z Rauh of America 1P" Online Banking Ct.••• SLIMkeg k PLUM PADS: Chock Imago Chock Imago: • I. >113113392< Wallies State Bank 2010-Q4-6 80090.916 1 C 2/AccountDetailsCon... 10/4/2010 EFTA01198642 Electronic Articles of Incorporation P10000079460 FILED For September 29, 2010 Sec. Of State )shivers KOBALTEK, INC. The undersigned incorporator, for the purpose of forming a Florida profit corporation, hereby adopts the following Articles of Incorporation: Article I The name of the corporation is: KOBALTEK, INC. Article II The principal place of business address: 18331 PINES BLVD #108 PEMBROKE PINES, FL. 33029 The mailing address of the corporation is: 18331 PINES BLVD /1108 PEMBROKE PINES, FL. 33029 Article III The purpose for which this corporation is organized is: ANY AND ALL LAWFUL BUSINESS. Article IV The number of shares the corporation is authorized to issue is: 500 Article V The name and Florida street address of the registered agent is: ADVANTIUM GROUP VENTURES, LLC 18331 PINES BLVD #108 PEMBROKE PINES, FL. 33029 [ EXHIBITL--st r_____ EFTA01198643 I certify that I am familiar with and accept the responsibilities of P10000079460 registered agent. FILED September 29, 2010 Sec. Of State Registered Agent Signature: DARREN BAYSINGER jshivers Article VI The name and address of the incorporator is: ADVANTIUM GROUP VENTURES, LLC 18331 PINES BLVD #108 PEMBROKE PINES, FL 33029 Incorporator Signature: AVAINMUM GROUP VENTURES Article VII The initial officer(s) and/or director(s) of the corporation is/are: Title: P ADVANTIUM GROUP VENTURES 18331 PINES BLVD, #108 PEMBROKE PINES, FL. 33029 Article VIII The effective date for this corporation shall be: 09/22/2010 EFTA01198644 UPS STORE 3523 PAGE 81/81 84/27/2012 14:51 5614328991 Kenneth Manfredi 1449 Heights Blvd, #111 Houston, TX 77008 Attention Mr. Kenneth Manfredi RE: Joseph J Titone; RFA No.12.16211 April 23, 2012 Dear Mr. Manfredi. I read your Florida Liar complaint. RE: no. above, and have the following to offer es to what took place between Mr. Baysinger and Mr. Titone after Ernesto Liebstees death. I have the following recollection of the facts as they relate to my conversation with them regarding Knbaltek Inc, F.mesto's Company, and reference PO #00987345: After Mr. Debater's death I received a call from Mr. Titone requesting a copy of the Po above, for which I sent to Titone's partner Darren Baysinger. He said that he was representing Mrs. Uebster and Mr. Manfredi In a case for damages for the missing locks they had stored in a warehouse in Miami. Ho further went on to explain that he was working With Mr. Baysinger who was helping Manfredi and Liebster gather information fora deposition with DTS, the warehouse In Miami. Upon receiving the PO Mr. Baysinger requested that I add his name to the contact line and 'white our Mr. Liebster's name. He specifically stated that Mr. 'Mons said it would hold "more credibility and show standing in this case, if I altered the PO to reflect DaysIngefs name instead of Liebster's name on the PO for the model 4000 Millennium Lock we were selling In Jamaica. The copy of the PO you sent me is the original, clearly showing Debater's name as the contact and any copy after this one would be a counterfeit. I felt it dishonest to accommodate Mr. none and Mr. Baysinger in their request for altered documents and so refused to do so. Any and all documents that I had In this matter were signed by Mr. Llebsler and any and al conversations prior to his death were with Mr.Monfredl or Mr. Debater. I did not know who Mr. Baysinger was and Mr. Debater never mentioned his name as a contact for this artier. I did know of Mr. Titone based on my previous residence In Ft Lauderdale and his history of being disbarred In the early 1990's. I did not know he was still practicing law in the Stale of Florida until I received his call about the documents in question. The above statement is of my own feel will and as per your request for my recollection of the circumstances that I personally witnessed as the sales agent for Mr. Llebster concerning this order and the events that followed with Mr. Titone and Mr. Debater. I am available for any questions you may need concerning my business with Mr. Llebster and thls Po we had for the sale of the locks to Jamaica. Sincerely, Sherman Daley EFTA01198645 0 Item(s) In Basket Home Online Services About us Contact us HARVEY HI CLERK of the COURTS AMAPAI-DAOE COUNTY, FLORIDA Civil / Probate Justice System - Docket Information WitajaCCWARCII RF RIII T q All EAIMES BEMILANEWSEABLLI KOBALTEK INC vs D T S DIRECT MAIL & FULFILLMENT SVCS INC 'Click on BOOK/PAGE of a particular docket to see the image If It Is available • Case Number (LOCAL): 2010-58137-CA-01 Dockets Retrieved: 30 Filing Date: 1W29/2010 Case Number (STATE): 13-2010-CA-058137-0000-01 Judicial Section: 02 Date Book/Pape Docket Entry Comments 08/14/2012 ORDER: 70 DISMISS FOR LACK OF PROSECUTION 05/25/2012 patti i 1467 VOLUNTARY DISMISSAL 8K:28131 PG:3487 DNO1 Pages 1 04/26/2012 FWOP NOTICE GENERATED 08/07/2012 03:00 PM 05/24/2011 TEXT AM. WITNESS LIST NOTICE OF ANSWER TO 05/24/2011 INTERROGATORIES 05/12/2011 NOTICE OF INTERROGATORY 05/02/2011 EXHIBIT LIST PLAINTIFF 05/02/2011 WITNESS LIST PNO1 05/02/2011 WITNESS LIST PNO1 EXPERT RESPONSE TO REQUEST FOR 04/22/2011 PRODUCTION 04/19/2011 NOTICE OF TAKING DEPOSITION 04/05/2011 ORDER SETTING NON-JURY TRIAL 07/26/2011 02:00 PM RESPONSE TO REQUEST FOR 04/04/2011 PRODUCTION 04/04/2011 ORDER: ORDER DENYING MOTION FOR DEFAULT 03/10/2011 ANSWER AND AFFIRMATIVE DEFENSE ATTORNEY:00203882 P1401 03/1012011 NOTICE OF JURY TRIAL •• M 03/09/2011 REQUEST FOR PRODUCTION 02/23/2011 ANSWER ATFORNEY:00882186 DNO1 02/22/2011 SUBPOENA RETURNED 02/1112011 NOTICE OF TAKING DEPOSITION AGREED ORDER SETTING ASIDE 02/11/2011 ORDER: DEFAULT 01/31/2011 NOTICE HEAR MOTIONS 02/09/2011 10:00 AM EXHIBIT DER GRANTING MOTION FOR 01/14/2011 ORDER: ii „ vg if DEFAULT EFTA01198646 ,--- 01103/2011 ORDER OF DEFAULT DN01 12/10/2010 MOTION FOR DEFAULT 11/05/2010 SERVICE RETURNED BADGE # 1570 P 10/29/2010 IDN01 10/29/2010 DEMAND FOR JURY TRIAL 10/29/2010 SUMMONS ISSUED DN01 10/29/2010 CIVIL COVER 10/29/2010 COMPLAINT flA Tel Areen-ii tar Sill TR All PARTIF. START A WIN CcAftell Civil sp.a, 1-Innu. I rnnd I Email Login Llama I Pdvory girder...et I anclalmaz I Cloolactik I Afloat IN AMV0084; 200E Cleft of the Court, All Rights ;nerved. :30141755 EFTA01198647 IN TH.V. CIRCW COW 01Ilk% skiN) \ Lek._.. tt,EVE1411% A3DICIK1, C,111,CklIC AND1,01k DMZ COWY1 JUJUY+ PLAINTIPP(S), GENERAL JURISDICTION DIVISION vs. .V(t&kAr\CIii 611-01nimi CASE NO.: 1O4 95 Bj GA O/ seivitto DEFENDANT(S). MEDIATOR'S REPORT AND SETTLEMENT AGREEMENT (CIVIL) FLORIDA BAR NO.: 354929 This Civil action being rokired to Mediation by Stipulation of the Parties pursuant to P.S. 44.1101-102 and the applicable and being heard before the undersigned Mediator on the 11 _ day of .201.1; The Parties stipulate and agree to the following matters and/or issues: SEE =guff "A" ATTACHED HERETO AND INCORPORATED HEREIN Plaintiff(s) agrees to execute any Release form generally required to.be executed in settlements of disputes of this nature. Eaoh party shall bear their respective attorney's fee and costs. co Plaintiff(s) and:counsel agree to promptly pay outstanding mediation, fees of S_i Defendant(s) kind counsel agree to promptly pay outstanding mediation fees of S j All matters raised at the conference remain privileged, unless otherwise agreed to by all parties. Dated this 1_11 day of j on.g 201L. Laurie L. Riemer, Esquire, Mediator/Arbitrator The foregoing report and agreement is stipulated and agreed to by the undersigned. Defendant(s) Plaintiffs) Counsel Defendant(s) Cot I Dated this14 day of LVIA-L 201 Dated this_Uday ofj_tedse_ 2011 Copies to Counsel ( 611y it ) EXHIBIT serdd OGQ I " EFTA01198648 LAN " 7r- 67'""/ 2 +41 74>,,, ALI (gLre (ie rATitg f2:s- 066. • s .0 .14:jy.tr ei" A 73,Uotie Ant 4 ,4)Or 4.4/4 Mv1/ \tr L,OLLSITO8 . Siread 11.1. MS.@ IT/ell/S0 EFTA01198649 Apr II 2013 1:29PM Anthon9 J Mont ESP. 9543456633 p. 1 —SOAP? S o ATTORNEY AND COUNSELOR AT LAW 0831 N. UNIVERSITY DRIVE SUITE 101 CORAL SPRINGS. FLORIDA 38007 CIVIL TRIAL LAWYER TELIIPHONIC (004) 345-0055 FLORIDA BAR 1071 CERTIFIED MEDIATOR (004) 3454083 NEW YORK BAR 1070 CERTIFIED ARBITRATOR 811paebasoulltnel FEDERAL BAR 11/74 TRIAL FIAR I R03 April 11, 2013 Michael J. Reppas II Esq. 7850 NW 146th Street Suite 501 Miami Lakes FL 33016 SENT BY FAX AND REGULAR MAIL Re: your file #2071-001 Dear Mr. Reppas, Find herewith my affidavit and all my records attached thereto as you requested in yours of April 11, 2013. Call me if you have any questions. Sincerely yours, Anthony J. Titone EXHMIT Con-Ipax qk 44 it '- VISOT OUR Wee RITE AT' EFTA01198650 .0pr 11 2013 It2OPM Onthowd 3 Titone ESO. 95434561;33 p.2 AFFIDAVIT OF ANTHONY TITONE State of Florida County of Broward That I Anthony Titone state under oath the following: 1. That I have continuously been a member of the Florida Bar since 1971. 2. That I am a sole practitioner with offices in Coral Springs Florida. My practice consists of civil litigation work along with my work as a certified mediator and a qualified arbitrator. I have maintained my own trust account since the beginning of my practice. My brother Joe is also a lawyer; his practice is mostly on criminal cases and he does not have a trust account. 3. Of the parties set forth in the draft complaint under file #2071-001, I know Kenneth Manfredi Sr., Darrin Baysinger and my brother Joe. I have no knowledge of the business transactions alleged in the draft and.did not participate in any way in the alleged transactions or the underlining lawsuit that is described In the draft complaint. 4. I did not assist Joe Titone in his representation of Mr. Baysinger or Kobaltek in the litigation with DTS. 5. I first became aware of the Kobaltek/DTS litigation when my brother Joe(in June of 2011) asked me If It was ok to use my trust account for the• distribution of any settlement proceeds from said lawsuit. I said it would be ok as long as his client agreed. 6. On June 24, 2011 I deposited the settlement proceeds ($25,000.00) into my trust account and set up a trust account ledger for. the deposit. See attached exhibits. 7. On July 1, 2011.1 met with both Joe and Darrin and distributed to them EFTA01198651 Opr II 2013 I :29PM FInthonJ J T1tone ESQ. 9543456633 P• 3 the entire settlement proceeds of $25,000.00. See attached copies of checks #1495 and 1496 accordingly. Both checks cleared for payment from my trust account on my July 2011 statement. 8. That in late January 2012 I received the attached correspondence from Cristina Liebster dated January 23, 2012 (attached to this correspondence was the mediator's report and settlement agreement entered Into between Kobaltek & DTS.) 9. I did not respond to Cristina Llebster's correspondence of January 23, 2012 and I did not discuss its contents with my either Joe or Darrin. 10. On April 5, 2013 I received a copy of a draft complaint naming me as a possible defendant in a lawsuit under file #2071-001. 11. On April 8, 2011 I researched my files and sent my correspondence to Attorney Reppas dated that same day. 12. I am herein sending this affidavit in response to correspondence received from attorney Reppas dated April 11, 2013. 13. The above is all I know regarding this matter and describes my entire Involvement in the matter. FURTHER AFFIANT SAITH NAUGHT Titone FBN139524 SWORN TO AND SUBSCRIBED before me this 111° day of April 2013. Afflant Ipersonally wn to me. Notary . of Florida. EFTA01198652 P2 tots nuts I riL lirahT: aw4 1.44.n1 ay in smears ammo. Cat OPH M IS RO. OPISos.•••• AVM' a. .s StieSletinobli MOW vine .2 ::•V !...;:t 2 re II g ANTHONY J. Trott ATTORNEY AT LAW Bank of America _ IOTA MI VS:SC an nit at PARK NYC. /01 xrt tea IOC?? $ Zt BP- SIRE III CT. LAUDOMALE, a. S:0 104021 3543456633 1:St.O5c1O1O6C. OO366 1.278725n DTSIDIRWILMAIL1L FULFILLMENT JD/JOPLAN CHASE BaliK. MA 1907 I .-'L2IC _-:SERIIICF- IFIC. " ; - --:.OPERATIPIG ACCOUNT • -200 CIRCLE COW finthony J Titone ESQ. • - - . -• PISCAIFAWAY: 6."21OC11 Z .. ___•.:. _. ...... * - 7*%44nthOny TIEDSTrust Account $ -*25,0N.00 I - "c7414.11$1%;:e5houtga nd:iir;;DOtt — «laps 2 1.=_t - t•:•T 62i0ougitast,Sta Sheet • .-c4 11 • Poppanolitiach..R.. 3. 060 6 T. map.' el:101907e C021001:10211: P3i3m, 236S a. a. In N ••• 0) O cc EFTA01198653 ,npr II 2013 I:29PM nnthonls 3 TICome ESQ. 9543458633 p• a dad Ilm•••••mo a 1 i I .1: C • Os nea t N* mt. 'OttitilitiVt EFTA01198654 • : Rpr 11 2013 1:20PA Anthony J Titone ESQ. 8543456633 p.6 • ce... • ••••• • • •• • •••••••• •!, • rm••••• woo no • ••• • ••• • ro Ik a Zeit• at:Y. e ••• so • •••• . ••• ....r• •-•••••••• • • • • PO, . .4. •• - 4.• :It %"••••••••••••• . ... . .... • .. • • •• •: • •. :-•)."..r .• • ... .'.". . 1-.. ' • . . .. : ...... .....:A., ..... .......... , ..... 4•• ... 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V .. • 114c%. ... • • • .....--•4.4..,, t-• t.... - ..... ...•-•-• •• ....."I ••••• • ••••• t.•tats•—• Mil:a:: • • .-.^..-...4. ,A• v••••;-••••7;s:.::. . . 'I,. 1. • - • • • 4_ II ..... %A. I • y a • • I I EFTA01198655 ,flpr It 2013 1:29PM 0nthonti J Titone [SO. 9543456633 p.7 • .,• ........ EFTA01198656 Rpr .11 2013 1:30PM Anthonm J Titone ESU. 0543456633 p a Mr. Darren Baysinger Mr. Joseph Titone, January 23, 2012 After speaking to Chris Trainor, CFO of DTS, in New Jersey, I have received confirmation on a settlement that was made to Joseph Titone on your behalf. The settlement amount of $25,000.00 for equipment owned legally by Ernesto Liebster was sent to Anthony Titone's Trust account on behalf of Joe Titone end Kobaltek. My dad's estate has notified Mr. Trainor that DTS was the victim of a hoax perpetrated by you and -None. Mr. Trainor has offered to help us recover the money sent to Anthony Titone's Trust Account which Mr. Goldstein found strange being that the Titones do not practice out of the same office. Additionally I spoke to Mark Goldstein, DTS attorney, who confirmed the fact that he though the whole• process was a sham, based on the 'doctored" documents that you provided at the depositions. Against Mr. Goldstein's advice, Chris Trainor thought it beat to give you 26,000. to settle the matter. Mr. Goldstein has been most cooperative and had provided us with•the documents from the lawsuit filed by you and Tfione. As both you and Joe Titone know, by Florida Law, after Ernesto's death, all property of the decedent goes to the wife, Cristina Liebster who had extended no permission to you or Titone to file the lawsuit or act as an agent/representative for the estate of Ernesto Liebster or on her behalf. We both know that Kobaltek Was formed after my father's death for the purpose of trying to show that you had standing In the case; which would not have mattered anyway. I have a copy of the corporate filing for Kobaltek that proves this was the case. In addition we also notified the defendant that Kobaltek was not the owner. The fact remains that lawsuit was filed fraudulently and with the purpose to further defraud the Llebster's of money owed to them for the theft of equipment by Ron Daniels of Millennium Lock Inc, for which you or Kobaltek had no ownership. Please see the attached settlement document which supports our claim. The estate has received nothing and all my calls have bean Ignored by you and Titone. By receipt of this letter, you are hereby notified that we are demanding restitution for the money received by you from this settlement. Per the adVice of counsel, the estate is extending to you the opportunity to make things right In this matter for a period of 48 hours after receipt. If the estate does not receive a response or restitution in this timeframe or you decide to ignore our request for what is rightfully ours we'll assume that you have no Intention to correct this situation and act accordingly by Florida law. EFTA01198657 .0pr 1 1 2013 1131PM FInthomi J T1tone 150. 3543456633 . . Please govern yourself accordingly. Cristina Liebeter 1788 Willow Ave Little Compton, RI 02837 Cc: Anthony Titone PA, Mr. Chris Trainor, DTS CFO, Mark Goldstein PA, Ms. Ashli Ayer PA Houston, TX EFTA01198658 Apr 11 2013 1:31PM Anehon4 J Titone ESQ. 9543456633 p. 10 -144 IN THE CIRCUITCOURTOF THE ELEVENTH =MAI. CIRCUITng AND NOR DADE COUNTY, FLORIDA PLAINTIFF(S), OBNERAL JURISDICTION DIVISION vs. DTs .)retck- Ntil MI-Alma-1. CASE NO.: `0. 5513? Cel 904 D'EFENDANT(S), MEDIATOR'S REPORT AND SETTLEMENTAGREEMENT(CIVIL) FLORIDAEAR NO.: 154O9 This Civil action being ediation by Stipulation of the Parties pursuant to F.S. 44.1101-102 and th applicable." andheing heard before the undersigned Mediator on the .1/ day of j tiv1/41_ ,201/. The Pktics stipulate and agree to the following mattera and/or issues: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN . Plaintiff(a) agrees. to execute any Release form generally required folio executed in settlements of disputes of this nature. Bach party shall bear their respective altortcri fee and costs. 00 PlaIntiff(s) and, counsel agree) to promptly pay outstanding mediatio of S eO Defendont(s) and Outsell agree to promptly pay outstanding mediation fees o( y 4 All matters raised at the conference remain .privilegecl, unless otherwise "agreed to by all parties. Dated this I II day of 201L. uric L. Rican% HBO e, IvIectiator/ArbItmtor The foregoing report and agreement is stipulated and agreed to by the undersigned. Defendapt(s) Plaintiffs) Counsel Defendant) Co Dated this a day of _Jv" 4" 201 Dated this j_Vdny of y tAxs 201/ copies to Counsel ( if ) EFTA01198659 EFTA01198660 - . • 4:4 ,-2711/-Zi# /0, Lc' sS -oJ .9.1,C1.58 •083 auu9T1 C 14dIEIT CT. IT: Electronically Filed 11/06/2013 02:22:38 PM ET IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA KENNETH MANFREDI, SR., CASE NO. 13-024268 CA 01 KENNETH MANFREDI,' R., and ALEXANDER LIBB , as mates for the estate of Ernesto Liebster Plaintiffs, vs. KOBALTEIC, INC., an inifctive Florida Corporation; MILLENNIUM LOCK INC. d/b/a ULTIMATE LOCK SYSTEMS, a Texas Corporation; DARRIN BAYSINGER, Individually; RON DANIELS, individually; JOSEPH TITpNE, individually, Defendants. PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT COME NOW the', Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate ofErnesto Liebster, by and through the undersigned counsel, and hereby move this Court for leave to file their Amended Complaint, a true and correct copy of which is attached hereto and marked as Exhibit "1," and as grounds therefore state as follows: 1. On July 17, 2013, Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster (hereinafter collectively referred to as "Plaintiffs") filed the subject Complaint. 2. Plaintiffs have not attempted to amend the Complaint prior to this motion. 3. This amended Complaint seeks to clarify the damages sought in each separate count, fix scriveners' errors that were contained in the original Complaint, and add an additional cause of action %r Civil Theft, as to three of the Defendants. EFTA01198661