On January 19, 2021 a
Exhibit,Appendix
was filed
involving a dispute between
Amber R Mason,
Daniel G Mason,
and
Kim Mason,
for Torts - Other (Breach of fiduciary duty)
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 08/19/2021 01:32 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/19/2021
James D. Mason, Inc. dba Taco Hut
James D. Mason
James D. Mason/Kimberly M. Mason
Opened 7.7.20 Joint Rental
Northwest xx8149 Community xx0506 Community xx1747
Date Amount Date Amount Date Amount
Regular deposits/transfers 88,909.17
Regular withdrawals (7,796.35)
ATM withdrawals (3,000.00)
Casino withdrawals and applicable ATM fee (47,432.00)
Social Security Benefit deposit 7,688.00
ATM Deposit 200.00
Checks written to Cash (600.00)
FILED: CHAUTAUQUA COUNTY CLERK 08/19/2021 01:32 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/19/2021
Other checks/debits (37,968.82)
Notes:
On 5.24.20, retirement account checks from American Funds and Guardian Insurance totaling $29,271.24 are deposited into
James Mason personal acct X9704.
On 6.29.20, two in person transfers are made from X9704 to a new account set up atCommunity Bank X0506 that has both James and Kim
Mason on the account. These two transfers clear the new account on 6.26.20 and 6.30.20.
On 7.1.20, James Mason's POA, Brian Johnson, makes a transfer out of x0506 in the amount of $29,818.52 to the rental account that only
has James Mason's name on x1747.
it,
On 7.6.20, Brian Johnson's POA isrevoked.
On 7.7.20, a withdrawal ismade from x1747 in the amount of $29,818.52 and deposited to a new account at Northwest Savings Bank x8149.
This account has James and Kim Mason's name on it.
Starting in August 2020, transfers are being made to x1747, James Mason's personal rental account, from x2049, the account the PPP proceeds u
These transfers continued until December and totaled $78,500.00
Withdrawals from x1747 totaling $71,200 were made from August through December either via check made payable to cash or Jim and Kim Mas
FILED: CHAUTAUQUA COUNTY CLERK 08/19/2021 01:32 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/19/2021
James Personal Taco Hut Payroll/Tax/Credit Card Taco Hut Main PPP
Community xx9704 Community x7007 Community xx1971 Community xx2049
Date Amount Date Amount Date Amount Date Amount
FILED: CHAUTAUQUA COUNTY CLERK 08/19/2021 01:32 PM INDEX NO. EK12021000070
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/19/2021
Document Filed Date
August 19, 2021
Case Filing Date
January 19, 2021
Category
Torts - Other (Breach of fiduciary duty)
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Preview
FILED: CHAUTAUQUA COUNTY CLERK 08/19/2021 01:32 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/19/2021 James D. Mason, Inc. dba Taco Hut James D. Mason James D. Mason/Kimberly M. Mason Opened 7.7.20 Joint Rental Northwest xx8149 Community xx0506 Community xx1747 Date Amount Date Amount Date Amount Regular deposits/transfers 88,909.17 Regular withdrawals (7,796.35) ATM withdrawals (3,000.00) Casino withdrawals and applicable ATM fee (47,432.00) Social Security Benefit deposit 7,688.00 ATM Deposit 200.00 Checks written to Cash (600.00) FILED: CHAUTAUQUA COUNTY CLERK 08/19/2021 01:32 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/19/2021 Other checks/debits (37,968.82) Notes: On 5.24.20, retirement account checks from American Funds and Guardian Insurance totaling $29,271.24 are deposited into James Mason personal acct X9704. On 6.29.20, two in person transfers are made from X9704 to a new account set up atCommunity Bank X0506 that has both James and Kim Mason on the account. These two transfers clear the new account on 6.26.20 and 6.30.20. On 7.1.20, James Mason's POA, Brian Johnson, makes a transfer out of x0506 in the amount of $29,818.52 to the rental account that only has James Mason's name on x1747. it, On 7.6.20, Brian Johnson's POA isrevoked. On 7.7.20, a withdrawal ismade from x1747 in the amount of $29,818.52 and deposited to a new account at Northwest Savings Bank x8149. This account has James and Kim Mason's name on it. Starting in August 2020, transfers are being made to x1747, James Mason's personal rental account, from x2049, the account the PPP proceeds u These transfers continued until December and totaled $78,500.00 Withdrawals from x1747 totaling $71,200 were made from August through December either via check made payable to cash or Jim and Kim Mas FILED: CHAUTAUQUA COUNTY CLERK 08/19/2021 01:32 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/19/2021 James Personal Taco Hut Payroll/Tax/Credit Card Taco Hut Main PPP Community xx9704 Community x7007 Community xx1971 Community xx2049 Date Amount Date Amount Date Amount Date Amount FILED: CHAUTAUQUA COUNTY CLERK 08/19/2021 01:32 PM INDEX NO. EK12021000070 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 08/19/2021