Preview
6/25/2012 2:03 PM Filed Lee County Clerk of Court
IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT, IN AND FOR LEE
COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2011-CA-050339
WELLS FARGO BANK, NATIONAL
ASSOCIATION, a national banking
institution, as successor by merger to
WACHOVIA BANK, NATIONAL
ASSOCIATION,
Plaintiff,
vs.
JOHN W. MACDONALD a/k/a JOHN
MACDONALD, Individually and as Trustee
Under the Macdonald Living Trust Dated
September 23, 2003, et. al.,
Defendants.
PLAINTIFF’S MOTION FOR SANCTIONS AND TO COMPEL DEPOSITIONS
The Plaintiff, Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank,
National Association (“Wells Fargo”), by and through its undersigned counsel and pursuant to
Florida Rule of Civil Procedure 1.380(a), hereby moves for sanctions and to compel the
depositions of John W. Macdonald a/k/a John Macdonald, individually and as trustee under the
Macdonald Living Trust dated September 23, 2003 (“John Macdonald”) and Darlene J.
Macdonald a/k/a Darlene Macdonald, individually and as trustee under the Macdonald Living
Trust dated September 23, 2003 (“Darlene Macdonald” and together with “John Macdonald” the
“Macdonalds” or the “Defendants”, and in support thereof states:
MI-403639 v7CASE NO.: 2011-CA-050339
1. Undersigned counsel has been trying, on behalf of Wells Fargo, to schedule
depositions of the Defendants for approximately one (1) year.' The three (3) separate notices of
taking depositions are attached hereto as Composite Exhibit A.
2. The Defendants, however, have been less than cooperative at Wells Fargo’s
attempts to depose them. Per the request of the Macdonalds, Wells Fargo agreed to postpone
their depositions not once, but twice. The Macdonalds first request postponement was by way of
a letter dated August 22, 2011, a true and correct copy of which is attached hereto as Exhibit B.
The second request for postponement was by way of a voicemail left by Mr. Macdonald for
undersigned counsel on or about September 7, 2011 asking for another postponement because
Darlene Macdonald was undergoing surgery
3. On April 6, 2012, after receiving no further communication from the Macdonalds,
undersigned counsel once again re-noticed the Macdonalds’ deposition for May 9, 2012 at 10:00
a.m. and 1:00 p.m. in Fort Myers, Florida.
4, The Macdonalds never contacted undersigned counsel or Wells Fargo seeking a
postponement. Instead, knowing that undersigned counsel would be traveling from Miami,
Florida to Fort Myers, Florida, the Macdonalds chose simply not to appear for their depositions.
True and correct copies of the Certificates of Non-Appearance from the Court Reporter are
attached hereto as Composite Exhibit C
5. Although the Macdonalds are appearing pro se in this matter, their nonappearance
at the depositions, without prior notice, was inappropriate and unwarranted behavior.
' Wells Fargo first noticed the depositions of the Defendants on July 22, 2011 for deposition date
on August 31, 2011. After a postponement request, Wells Fargo noticed the Macdonalds’
depositions on September 1, 2011 for a deposition date of September 15, 2011. After a second
postponement request, Wells Fargo again noticed the Macdonalds’ depositions on April 6, 2012
for a deposition date of May 9, 2012.
MI-403639 v7CASE NO.: 2011-CA-050339
Undersigned counsel has demonstrated its willingness to work with the Macdonalds to schedule
depositions as is convenient for both parties. While Wells Fargo was willing to provide time for
Darlene Macdonald to recuperate from surgery, at this point in time, almost one (1) year after
Wells Fargo initially sent the Macdonalds the first deposition notice, Wells Fargo is not willing
to wait any longer. The Defendants’ lack of communication and bad faith conduct is
unacceptable and has hindered Wells Fargo’s advancement of this case.
6. Therefore, Wells Fargo requests sanctions against the Macdonalds, in the amount of
$230.00 for the court reporter’s time, $157.12 for Federal Express charges, $2,373.71 for
attorney time traveling to and from Miami and Fort Myers to appear at the depositions, and
additional costs incurred by Wells Fargo due to the Defendants’ conduct.
7. Wells Fargo submits that this Court should order Darlene Macdonald and John
Macdonald to appear, in person, to sit for a deposition on a date and time certain.
MI-403639 v7CASE NO.: 2011-CA-050339
WHEREFORE, for the above-stated reasons, Plaintiff prays this honorable Court enter
an order granting this motion for sanctions and to compel the depositions of John W. Macdonald
a/k/a John Macdonald and Darlene J. Macdonald a/k/a Darlene Macdonald, each, individually
and as trustees under the Macdonald Living Trust dated September 23, 2003, on a date and time
certain.
Dated: June@\_, 2012 Respectfully submitted,
K&L GATES LLP
Attorneys for Plaintiff
Southeast Financial Center
200 South Biscayne Boulevard, Suite 3900
Miami, Florida 33131
Tel: 305.539.3300
Fax: 305.358.7095
» Qt
FREY T. KUCERA
Florida Bar No. 0068233
ELISA J. D’AMICO
Florida Bar No. 76936
MI-403639 v7CASE NO.: 2011-CA-050339
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
Federal Express on this ue day of June, 2012 to all on the below service list.
John W. Macdonald, Darlene J. Macdonald,
Individually and as Trustee under the Individually and as Trustee under the
MacDonald Living Trust Dated September 23, | MacDonald Living Trust Dated September 23,
2003 2003
1900 Virginia Avenue, Unit 1002-C 1900 Virginia Avenue, Unit 1002-C
Fort Myers, FL 33901 Fort Myers, FL 33901
Telephone: (239) 332-4446 Telephone: (239) 332-4446
Pro Se Pro Se
Christopher J. Shields, Esq.
Pavese Law Firm
P.O. Box 1565
Ft. Myers, Florida 33902
Telephone: (239) 336-6256
Facsimile: (230) 332-2243
Attorneys for Defendant Royal Tee
Homeowners Association, Inc.
» (LL —
Foo, fsa J. D’AMICO
MI-403639 v7IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT, IN AND FOR LEE
COUNTY, FLORIDA
CIVIL DIVISION
WELLS FARGO BANK, NATIONAL CASE NO.: 11-CA-050339
ASSOCIATION, a national banking
institution, as successor by merger to
WACHOVIA BANK, NATIONAL
ASSOCIATION,
a Copy
JOHN W. MACDONALD a/k/a JOHN
MACDONALD, individually and as trustee
under the MacDonald Living Trust dated
September 23, 2003, et al.,
Defendants.
ICE OF TAKING DEPOSITION DUCES TECUM!
TO: ADDRESSEES ON THE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition upon
oral examination before a court reporter, Notary Public, or any other officer authorized by law to
take deposition of:
JOHN W. MACDONALD Wednesday,
August 31, 2011 COLLIER CourRT REPORTING SVCS.
11:30 a.m. Premier Executive Center
5237 Summerlin Commons Blvd.
DARLENE MACDONALD Wednesday Ft. Myers, Florida 33907
August 31, 2011 Telephone: (239) 592-6171
1:00 p.m.
: In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate
in this proceeding should contact undersigned counsel no later than seven days prior to the proceeding. Teleplione 305-539-.
3300 for assistance; if hearing impaired, telephone 1-800-955-8771 (Florida Relay Service Number) for assistance.
‘MI-378572 v1 0440142-00055
composts
EXMIGIT ACASE NO. 11-CA-050339
The oral examination will continue from day to day until completed. The deposition is being taken
for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the
Florida Rules of Civil Procedure. DEPONENTS are hereby directed to bring at said time and
place the following:
SEE ATTACHED EXHIBIT “A”
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
FedEx this “May of July, 2011 to the above-listed addressees.
Respectfully submitted,
K&L GATES LLP
Attorneys for Plaintiff
Southeast Financial Center
200 South Biscayne Boulevard, Suite 3900
Miami, Florida 33131
Tel: 305.539.3300
Fax: 305.358.7095
By:
Err RUCERA
Florida‘Bar No. 0068233
ELISA J. D’AMICO
Florida Bar No. 73936
cc: Collier Court Reporting Services
3447 Pine Ridge Road, Suite 102
Naples, Florida 34109
Telephone: (239) 592-6171
Facsimile: (239) 597-8997CASE NO. 11-CA-050339
ERTIFICATE OF SERVICE
John W. Macdonald, Darlene J. Macdonald,
Individually and as Trustee under the Individually and as Trustee under the
MacDonald Living Trust Dated September 23, | MacDonald Living Trust Dated September 23,
2003 2003
1900 Virginia Avenue, Unit 1002-C 1900 Virginia Avenue, Unit 1002-C
Fort Myers, FL 33901 Fort Myers, FL 33901
Telephone: (239) 332-4446 Telephone: (239) 332-4446
Pro Se Pro Se
Christopher J. Shields, Esq.
Pavese Law Firm
P.O. Box 1565
Ft. Myers, Florida 33902
Telephone: (239) 336-6256
Facsimile: (230) 332-2243
Attorneys for Defendant Royal Tee
Homeowners Association, Inc.EXHIBIT A
Documents evidencing proof or your current, permanent, residential address.
Any and all documents evidencing payments made to Wells Fargo relating to the Note,
prior to March 3, 2010.
Any and all documents evidencing payments made to Wells Fargo relating to the Note,
after March 3, 2010.
Any and all documents evidencing your relationship—as a borrower or otherwise—with
Wells Faro Bank, N.A.—as creditor—including all promissory notes, mortgages,
correspondence, notices, agreements or otherwise.
Any and all documents evidencing a mutual mistake between You and Wells Fargo
relating to either the Note or Mortgage.
Any and all documents evidencing your entitlement to a setoff of your current
indebtedness to Wells Fargo.
Any and all documents evidencing Wells Fargo’s prior breach of either the Note or
Mortgage, prior to March 3, 2010.
Any and all documents evidencing your reliance on any misrepresentation made by Wells
Fargo.
Any and all documents evidencing Wells Fargo’s bad faith and unfair dealing in relation
to the Note and Mortgage.
Any and all documents evidencing Wells Fargo’s unclean hands in relation to the Note
and Mortgage.
Any and all documents evidencing that Wells Fargo lacks standing.
Any and all documents evidencing that Wells Fargo is not the owner and holds the Note
and Mortgage.
Any and all documents evidencing that Wells Fargo committed fraud in relation to the
Note and Mortgage.
Any and all documents evidencing that the Note has been lost or destroyed.
Any and all documents evidencing that Wells Fargo failed to comply with the notice and
tight to cure provisions required in the State of Florida.
Any and all documents evidencing that You signed the Note or Mortgage under duress.
‘MI-378572 v1 0440142-00055IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT, IN AND FOR LEE
COUNTY, FLORIDA
CIVIL DIVISION
WELLS FARGO BANK, NATIONAL CASE NO.: 11-CA-050339
ASSOCIATION, a national banking
institution, as successor by merger to
WACHOVIA BANK, NATIONAL
ASSOCIATION,
Plaintiff,
JOHN W. MACDONALD a/k/a JOHN Vy
MACDONALD, individually and as trustee
under the MacDonald Living Trust dated
September 23, 2003, et al.,
Defendants.
RE-N OF TAKING DEPOSITION DUCES iM
TO: ADDRESSEES ON THE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition upon
oral examination before a court reporter, Notary Public, or any other officer authorized by law to
take deposition of:
DARLENE MACDONALD Thursday,
September 15,2011 SOUTHWEST REPORTING
11:30 a.m. 8890 Salrose Lane
Suite 203
JOHN W. MACDONALD Thursday Ft. Myers, Florida 33912-2085
September 15,2011 Telephone: (239) 455-9487
1:30 p.m.
In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate
in this proceeding should contact undersigned counsel no later than seven days prior to the proceeding. Telephone 305-539-
3300 for assistance; if hearing impaired, telephone 1-800-955-8771 (Florida Relay Service Number) for assistance.
MI-378572 v1 0440142-00055CASE NO. 11-CA-050339
The oral examination will continue from day to day until completed. The deposition is being taken
for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the
Florida Rules of Civil Procedure. DEPONENTS are hereby directed to bring at said time and
place the following:
/ SEE ATTACHED EXHIBIT “A”
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
FedEx this 1* day of September, 2011 to the above-listed addressees.
Respectfully submitted,
K&L GATES LLP
Attorneys for Plaintiff
Southeast Financial Center
200 South Biscayne Boulevard, Suite 3900
Miami, Florida 33131
Tel: 305.539.3300
Fax: 305.358.7095
By:
JEFFREY (Il, KUCERA
Florida Bar No. 0068233
ELISA J, D’AMICO
Florida Bar No. 73936
ce: Southwest Reporting
8890 Salrose Lane, Suite 203
Ft. Myers, Florida 33912-2085
Telephone: (239) 455-9487
Facsimile: (239) 455-3442CASE NO. 11-CA-050339
CERTIFICATE OF SERVICE
John W. Macdonald, Darlene J. Macdonald,
Individually and as Trustee under the Individually and as Trustee under the
MacDonald Living Trust Dated September 23, | MacDonald Living Trust Dated September 23,
2003 2003
1900 Virginia Avenue, Unit 1002-C 1900 Virginia Avenue, Unit 1002-C
Fort Myers, FL 33901 Fort Myers, FL 33901
Telephone: (239) 332-4446 Telephone: (239) 332-4446
Pro Se Pro Se
Christopher J. Shields, Esq.
Pavese Law Firm
P.O. Box 1565
Ft. Myers, Florida 33902
Telephone: (239) 336-6256
Facsimile: (230) 332-2243
Attorneys for Defendant Royal Tee
Homeowners Association, Inc.13,
14,
15.
EXHIBIT A
Documents evidencing proof or your current, permanent, residential address, and/or any
property, residential, commercial or vacant, owned by either or both of you, individually
or as Trustees.
Any and all documents evidencing payments made to Wells Fargo relating to the Note,
prior to March 3, 2010.
Any and all documents evidencing payments made to Wells Fargo relating to the Note,
after March 3, 2010.
Any and all documents evidencing your relationship—as a borrower or otherwise—with
Wells Faro Bank, N.A.—as creditor—including all promissory notes, mortgages,
correspondence, notices, agreements or otherwise.
Any and all documents evidencing a mutual mistake between You and Wells Fargo
relating to either the Note or Mortgage.
Any and all documents evidencing your entitlement to a setoff of your current
indebtedness to Wells Fargo.
Any and all documents evidencing Wells Fargo’s prior breach of either the Note or
Mortgage, prior to March 3, 2010.
Any and all documents evidencing your reliance on any misrepresentation made by Wells
Fargo.
Any and all documents evidencing Wells Fargo’s bad faith and unfair dealing in relation
to the Note and Mortgage.
Any and all documents evidencing Wells Fargo’s unclean hands in relation to the Note
and Mortgage.
Any and all documents evidencing that Wells Fargo lacks standing.
Any and all documents evidencing that Wells Fargo is not the owner and holds the Note
and Mortgage.
Any and all documents evidencing that Wells Fargo committed fraud in relation to the
Note and Mortgage.
Any and all documents evidencing that the Note has been lost or destroyed.
Any and all documents evidencing that Wells Fargo failed to comply with the notice and
right to cure provisions required in the State of Florida.
MI-378572 v1 0440142-00055CASE NO. 11-CA-050339
16. Any and all documents evidencing that You signed the Note or Mortgage under duress.FILED IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT, IN AND FOR LEE
COUNTY, FLORIDA
APR 09 2012 ,
CHARLIE GREEN, CLERK CIVIL DIVISION
CIRCUIT/COUNTY a
BY .U.
WELLS FARGO BANK, NATIONAL
ASSOCIATION, a national banking
institution, as successor by merger to
WACHOVIA BANK, NATIONAL
ASSOCIATION,
Plaintiff,
CASE NO.: 2011-CA-050339
vs.
JOHN W. MACDONALD a/k/a JOHN
MACDONALD, Individually and as Trustee
Under the Macdonald Living Trust Dated
September 23, 2003, et. al.,
Defendants.
RD RE-NOTICE O DEPOSITION :
TO: ADDRESSEES ON THE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition upon
oral examination before a court reporter, Notary Public, or any other officer authorized by law to
take deposition of:
Deponent Date Location
DARLENE MACDONALD ‘Wednesday, May 9, Donovan Court Reporting ¢ )
2012 2402 Bay Street CO
10:00 a.m. Suite 106
Ft. Myers, FL 33901 a
JOHN W. MACDONALD Wednesday, May 9, Donovan Court Reporting
2012 2402 Bay Street
1:00 p.m. Suite 106
Ft. Myers, FL 33901
7 In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate
in this proceeding should contact undersigned counsel no later than seven days prior to the proceeding, Telephone 305-539-
3300 for assistance; if hearing impaired, telephone 1-800-955-8771 (Florida Relay Service Number) for assistance.
MI-396046 v2CASE NO. 2011-CA-050339
The oral examination will continue from day to day until completed. The deposition is being taken
for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the
Florida Rules of Civil Procedure. DEPONENTS are hereby directed to bring at said time and
place the following:
SEE ATTACHED EXHIBIT “A”
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via
FedEx this_ Otfvaay of April, 2012 to the above-listed addressees.
Respectfully submitted,
K&L GATES LLP
Attorneys for Plaintiff
Southeast Financial Center
200 South Biscayne Boulevard, Suite 3900
Miami, Florida 33131
Tel: 305.539.3300
Fax: 305.358.7095
By: Ls)
J .
Florida 233
ELISA J. D’AMICO
Florida Bar No. 73936
ce: Donovan Court Reporting
2402 Bay Street
Suite 106
Ft. Myers, FL 33901
MI-396046 v2CASE NO, 2011-CA-050339
¢c TE OF SE!
John W. Macdonald, Darlene J. Macdonald,
Individually and as Trustee under the Individually and as Trustee under the
MacDonald Living Trust Dated September 23, | MacDonald Living Trust Dated September 23,
2003 2003
1900 Virginia Avenue, Unit 1002-C 1900 Virginia Avenue, Unit 1002-C
Fort Myers, FL 33901 Fort Myers, FL 33901
Telephone: (239) 332-4446 Telephone: (239) 332-4446
Pro Se Pro Se
Christopher J. Shields, Esq.
Pavese Law Firm
P.O. Box 1565
Ft. Myers, Florida 33902
Telephone: (239) 336-6256
Facsimile: (230) 332-2243
Attorneys for Defendant Royal Tee
Homeowners Association, Inc.
MI-396046 v2EXHIBIT A
Documents evidencing proof or your current, permanent, residential address, and/or any
property, residential, commercial or vacant, owned by either or both of you, individually
or as Trustees.
Any and all documents evidencing payments made to Wells Fargo relating to the Note,
prior to March 3, 2010.
Any and all documents evidencing payments made to Wells Fargo relating to the Note,
after March 3, 2010.
Any and all documents evidencing your relationship—as a borrower or otherwise—with
Wells Faro Bank, N.A—as creditor—including all promissory notes, mortgages,
correspondence, notices, agreements or otherwise.
Any and all documents evidencing a mutual mistake between You and Wells Fargo
relating to either the Note or Mortgage.
Any and all documents evidencing your entitlement to a setoff of your current
indebtedness to Wells Fargo.
Any and all documents evidencing Wells Fargo’s prior breach of either the Note or
Mortgage, prior to March 3, 2010.
Any and all documents evidencing your reliance on any misrepresentation made by Wells
Fargo.
Any and all documents evidencing Wells Fargo’s bad faith and unfair dealing in relation
to the Note and Mortgage.
Any and all documents evidencing Wells Fargo’s unclean hands in relation to the Note
and Mortgage.
Any and all documents evidencing that Wells Fargo lacks standing.
Any and all documents evidencing that Wells Fargo is not the owner and holds the Note
and Mortgage.
Any and all documents evidencing that Wells Fargo committed fraud in relation to the
Note and Mortgage.
Any and all documents evidencing that the Note has been lost or destroyed.
Any and all documents evidencing that Wells Fargo failed to comply with the notice and
right to cure provisions required in the State of Florida.
MI-396046 v2CASE NO. 2011-CA-050339
16. Any and all documents evidencing that You signed the Note or Mortgage under duress.
M1-396046 v21900 Virginia Ave. #1002
Fort Myers, Fla. 33901
Elisa J. D’Amico
K&L Gates LLP
Wachovia Financial Center
200 South Biscayne Blvd., Suite 3900
Miami, Fla. 33131-2399
Re: Case No. 11-CA-050339
Dear Ms. D’Amico
In reference to the Deposition dated for August 31, 2011, I will be unavailable on that day. I would
suggest a postponement date of 60 to 90 days or place this deposition on a temporary hold.
On August 11, 2011, I spoke to Todd Mitchell at Wells Fargo and he suggested that | relist the property
in question to do a short sale. He gave me the impression that they may be more receptive now then they
had been in the past. _I feel confident that my realtor can produce a sale in or around a 90 day period.
For your information, Mr. Mitchell’[s direct phone line is 515-324-8868.
rota
John W. Macdonald
EXHIBIT Bsy RRR ose Dee. ba
Sate Mate 7 my Dye cee ee eae . 2 RRNA eR
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR
LEE COUNTY, FLORIDA CIVIL DIVISION
}
WELLS FARGO BANK, NATIONAL
ASSOCIATION, a national banking
Institution, as successor by
Merger to WACHOVIA BANK,
NATIONAL ASSOCIATION,
COPY
|
|
Plaintiff, |
|
-vs- CASE NO:- 2011-CA-050339
JOHN W. MACDONALD a/k/a JOHN |
MACDONALD, Individually and as i
Trustee Under the Macdonald i
Living Trust Dated |
September 23, 2003, et al.,
Defendants. |
CERTIFICATE OF NONAPPEARANCE
In Re Deposition of John W. MacDonald
I, Michele Benza, RPR, do hereby ceytify that I was present at
Donovan Court Reporting, 2402 Bay Street, Suite 106, Fort Myers,
Florida, on May 9, 2012, at 1:00 p.m, for the purpose of reporting
the Deposition of John W. MacDonald; that I remained until 2:00
p.m., and the witness did not appear.
Under penalties of perjury, I declate that I have read the
foregoing certificate and that the facts stated in it are true.
DATED this 15th day of May, 2012.
PUBLIC STATE OF FLORIDA
eT le Benza
Qh cats #DD817696
te Expires: OCT. 10,2012
oes
ONDED THIRD ATLANTIC BONDING CO, INC,
cheonan tet
SRR CIENT ed ERC AAINE: (RB
IN THE CIRCUIT COURT OF THE TWENTIETH “suo gcrm CIRCUIT, IN AND FOR
LEE COUNTY, FLORIDA CIVIL DIVISION
WELLS FARGO BANK, NATIONAL
ASSOCIATION, a national banking
Institution, as successor by
Merger to WACHOVIA BANK,
NATIONAL ASSOCIATION,
plaintifé, i
-ve~ ‘ASE NO: 2011-cA-050339
JOHN W. MACDONALD a/k/a JOHN
MACDONALD, Individually and as
Trustee Under the Macdonald
Living Trust Dated
September 23, 2003, et al.,
Defendants.
CERTIFICATE OF NCNAPPEARANCE
In Re Deposition of Darlene MacDonald
I, Michele Benza, RPR, do hereby certify that I was present at
Donovan Court Reporting, 2402, Bay Street, Suite 106, Fort Myers,
Florida, on May 9, 2012, at 10:00 a.m., for the purpose of reporting
the Deposition of Darlene MacDonald; that I remained until 11:00
a.m., and the witness did not! appear.
Under penalties of perjuty, I declare that I have read the
foregoing certificate and that the facts stated in it are true.
DATED this 15th day of May, 2012.
NOTARY FUBLIC-STATE OF FLORIDA .
Sane Michele Benza
Commission #DD817696
es Expires: OCT. 10,2012 Michele Benza, KPR
OADID TORU ATLANTIC BONDING CO, INC.
Preview
6/25/2012 2:03 PM Filed Lee County Clerk of Court IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2011-CA-050339 WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking institution, as successor by merger to WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff, vs. JOHN W. MACDONALD a/k/a JOHN MACDONALD, Individually and as Trustee Under the Macdonald Living Trust Dated September 23, 2003, et. al., Defendants. PLAINTIFF’S MOTION FOR SANCTIONS AND TO COMPEL DEPOSITIONS The Plaintiff, Wells Fargo Bank, N.A., as successor by merger to Wachovia Bank, National Association (“Wells Fargo”), by and through its undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.380(a), hereby moves for sanctions and to compel the depositions of John W. Macdonald a/k/a John Macdonald, individually and as trustee under the Macdonald Living Trust dated September 23, 2003 (“John Macdonald”) and Darlene J. Macdonald a/k/a Darlene Macdonald, individually and as trustee under the Macdonald Living Trust dated September 23, 2003 (“Darlene Macdonald” and together with “John Macdonald” the “Macdonalds” or the “Defendants”, and in support thereof states: MI-403639 v7CASE NO.: 2011-CA-050339 1. Undersigned counsel has been trying, on behalf of Wells Fargo, to schedule depositions of the Defendants for approximately one (1) year.' The three (3) separate notices of taking depositions are attached hereto as Composite Exhibit A. 2. The Defendants, however, have been less than cooperative at Wells Fargo’s attempts to depose them. Per the request of the Macdonalds, Wells Fargo agreed to postpone their depositions not once, but twice. The Macdonalds first request postponement was by way of a letter dated August 22, 2011, a true and correct copy of which is attached hereto as Exhibit B. The second request for postponement was by way of a voicemail left by Mr. Macdonald for undersigned counsel on or about September 7, 2011 asking for another postponement because Darlene Macdonald was undergoing surgery 3. On April 6, 2012, after receiving no further communication from the Macdonalds, undersigned counsel once again re-noticed the Macdonalds’ deposition for May 9, 2012 at 10:00 a.m. and 1:00 p.m. in Fort Myers, Florida. 4, The Macdonalds never contacted undersigned counsel or Wells Fargo seeking a postponement. Instead, knowing that undersigned counsel would be traveling from Miami, Florida to Fort Myers, Florida, the Macdonalds chose simply not to appear for their depositions. True and correct copies of the Certificates of Non-Appearance from the Court Reporter are attached hereto as Composite Exhibit C 5. Although the Macdonalds are appearing pro se in this matter, their nonappearance at the depositions, without prior notice, was inappropriate and unwarranted behavior. ' Wells Fargo first noticed the depositions of the Defendants on July 22, 2011 for deposition date on August 31, 2011. After a postponement request, Wells Fargo noticed the Macdonalds’ depositions on September 1, 2011 for a deposition date of September 15, 2011. After a second postponement request, Wells Fargo again noticed the Macdonalds’ depositions on April 6, 2012 for a deposition date of May 9, 2012. MI-403639 v7CASE NO.: 2011-CA-050339 Undersigned counsel has demonstrated its willingness to work with the Macdonalds to schedule depositions as is convenient for both parties. While Wells Fargo was willing to provide time for Darlene Macdonald to recuperate from surgery, at this point in time, almost one (1) year after Wells Fargo initially sent the Macdonalds the first deposition notice, Wells Fargo is not willing to wait any longer. The Defendants’ lack of communication and bad faith conduct is unacceptable and has hindered Wells Fargo’s advancement of this case. 6. Therefore, Wells Fargo requests sanctions against the Macdonalds, in the amount of $230.00 for the court reporter’s time, $157.12 for Federal Express charges, $2,373.71 for attorney time traveling to and from Miami and Fort Myers to appear at the depositions, and additional costs incurred by Wells Fargo due to the Defendants’ conduct. 7. Wells Fargo submits that this Court should order Darlene Macdonald and John Macdonald to appear, in person, to sit for a deposition on a date and time certain. MI-403639 v7CASE NO.: 2011-CA-050339 WHEREFORE, for the above-stated reasons, Plaintiff prays this honorable Court enter an order granting this motion for sanctions and to compel the depositions of John W. Macdonald a/k/a John Macdonald and Darlene J. Macdonald a/k/a Darlene Macdonald, each, individually and as trustees under the Macdonald Living Trust dated September 23, 2003, on a date and time certain. Dated: June@\_, 2012 Respectfully submitted, K&L GATES LLP Attorneys for Plaintiff Southeast Financial Center 200 South Biscayne Boulevard, Suite 3900 Miami, Florida 33131 Tel: 305.539.3300 Fax: 305.358.7095 » Qt FREY T. KUCERA Florida Bar No. 0068233 ELISA J. D’AMICO Florida Bar No. 76936 MI-403639 v7CASE NO.: 2011-CA-050339 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via Federal Express on this ue day of June, 2012 to all on the below service list. John W. Macdonald, Darlene J. Macdonald, Individually and as Trustee under the Individually and as Trustee under the MacDonald Living Trust Dated September 23, | MacDonald Living Trust Dated September 23, 2003 2003 1900 Virginia Avenue, Unit 1002-C 1900 Virginia Avenue, Unit 1002-C Fort Myers, FL 33901 Fort Myers, FL 33901 Telephone: (239) 332-4446 Telephone: (239) 332-4446 Pro Se Pro Se Christopher J. Shields, Esq. Pavese Law Firm P.O. Box 1565 Ft. Myers, Florida 33902 Telephone: (239) 336-6256 Facsimile: (230) 332-2243 Attorneys for Defendant Royal Tee Homeowners Association, Inc. » (LL — Foo, fsa J. D’AMICO MI-403639 v7IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION WELLS FARGO BANK, NATIONAL CASE NO.: 11-CA-050339 ASSOCIATION, a national banking institution, as successor by merger to WACHOVIA BANK, NATIONAL ASSOCIATION, a Copy JOHN W. MACDONALD a/k/a JOHN MACDONALD, individually and as trustee under the MacDonald Living Trust dated September 23, 2003, et al., Defendants. ICE OF TAKING DEPOSITION DUCES TECUM! TO: ADDRESSEES ON THE ATTACHED SERVICE LIST PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition upon oral examination before a court reporter, Notary Public, or any other officer authorized by law to take deposition of: JOHN W. MACDONALD Wednesday, August 31, 2011 COLLIER CourRT REPORTING SVCS. 11:30 a.m. Premier Executive Center 5237 Summerlin Commons Blvd. DARLENE MACDONALD Wednesday Ft. Myers, Florida 33907 August 31, 2011 Telephone: (239) 592-6171 1:00 p.m. : In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact undersigned counsel no later than seven days prior to the proceeding. Teleplione 305-539-. 3300 for assistance; if hearing impaired, telephone 1-800-955-8771 (Florida Relay Service Number) for assistance. ‘MI-378572 v1 0440142-00055 composts EXMIGIT ACASE NO. 11-CA-050339 The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. DEPONENTS are hereby directed to bring at said time and place the following: SEE ATTACHED EXHIBIT “A” I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via FedEx this “May of July, 2011 to the above-listed addressees. Respectfully submitted, K&L GATES LLP Attorneys for Plaintiff Southeast Financial Center 200 South Biscayne Boulevard, Suite 3900 Miami, Florida 33131 Tel: 305.539.3300 Fax: 305.358.7095 By: Err RUCERA Florida‘Bar No. 0068233 ELISA J. D’AMICO Florida Bar No. 73936 cc: Collier Court Reporting Services 3447 Pine Ridge Road, Suite 102 Naples, Florida 34109 Telephone: (239) 592-6171 Facsimile: (239) 597-8997CASE NO. 11-CA-050339 ERTIFICATE OF SERVICE John W. Macdonald, Darlene J. Macdonald, Individually and as Trustee under the Individually and as Trustee under the MacDonald Living Trust Dated September 23, | MacDonald Living Trust Dated September 23, 2003 2003 1900 Virginia Avenue, Unit 1002-C 1900 Virginia Avenue, Unit 1002-C Fort Myers, FL 33901 Fort Myers, FL 33901 Telephone: (239) 332-4446 Telephone: (239) 332-4446 Pro Se Pro Se Christopher J. Shields, Esq. Pavese Law Firm P.O. Box 1565 Ft. Myers, Florida 33902 Telephone: (239) 336-6256 Facsimile: (230) 332-2243 Attorneys for Defendant Royal Tee Homeowners Association, Inc.EXHIBIT A Documents evidencing proof or your current, permanent, residential address. Any and all documents evidencing payments made to Wells Fargo relating to the Note, prior to March 3, 2010. Any and all documents evidencing payments made to Wells Fargo relating to the Note, after March 3, 2010. Any and all documents evidencing your relationship—as a borrower or otherwise—with Wells Faro Bank, N.A.—as creditor—including all promissory notes, mortgages, correspondence, notices, agreements or otherwise. Any and all documents evidencing a mutual mistake between You and Wells Fargo relating to either the Note or Mortgage. Any and all documents evidencing your entitlement to a setoff of your current indebtedness to Wells Fargo. Any and all documents evidencing Wells Fargo’s prior breach of either the Note or Mortgage, prior to March 3, 2010. Any and all documents evidencing your reliance on any misrepresentation made by Wells Fargo. Any and all documents evidencing Wells Fargo’s bad faith and unfair dealing in relation to the Note and Mortgage. Any and all documents evidencing Wells Fargo’s unclean hands in relation to the Note and Mortgage. Any and all documents evidencing that Wells Fargo lacks standing. Any and all documents evidencing that Wells Fargo is not the owner and holds the Note and Mortgage. Any and all documents evidencing that Wells Fargo committed fraud in relation to the Note and Mortgage. Any and all documents evidencing that the Note has been lost or destroyed. Any and all documents evidencing that Wells Fargo failed to comply with the notice and tight to cure provisions required in the State of Florida. Any and all documents evidencing that You signed the Note or Mortgage under duress. ‘MI-378572 v1 0440142-00055IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION WELLS FARGO BANK, NATIONAL CASE NO.: 11-CA-050339 ASSOCIATION, a national banking institution, as successor by merger to WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff, JOHN W. MACDONALD a/k/a JOHN Vy MACDONALD, individually and as trustee under the MacDonald Living Trust dated September 23, 2003, et al., Defendants. RE-N OF TAKING DEPOSITION DUCES iM TO: ADDRESSEES ON THE ATTACHED SERVICE LIST PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition upon oral examination before a court reporter, Notary Public, or any other officer authorized by law to take deposition of: DARLENE MACDONALD Thursday, September 15,2011 SOUTHWEST REPORTING 11:30 a.m. 8890 Salrose Lane Suite 203 JOHN W. MACDONALD Thursday Ft. Myers, Florida 33912-2085 September 15,2011 Telephone: (239) 455-9487 1:30 p.m. In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact undersigned counsel no later than seven days prior to the proceeding. Telephone 305-539- 3300 for assistance; if hearing impaired, telephone 1-800-955-8771 (Florida Relay Service Number) for assistance. MI-378572 v1 0440142-00055CASE NO. 11-CA-050339 The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. DEPONENTS are hereby directed to bring at said time and place the following: / SEE ATTACHED EXHIBIT “A” I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via FedEx this 1* day of September, 2011 to the above-listed addressees. Respectfully submitted, K&L GATES LLP Attorneys for Plaintiff Southeast Financial Center 200 South Biscayne Boulevard, Suite 3900 Miami, Florida 33131 Tel: 305.539.3300 Fax: 305.358.7095 By: JEFFREY (Il, KUCERA Florida Bar No. 0068233 ELISA J, D’AMICO Florida Bar No. 73936 ce: Southwest Reporting 8890 Salrose Lane, Suite 203 Ft. Myers, Florida 33912-2085 Telephone: (239) 455-9487 Facsimile: (239) 455-3442CASE NO. 11-CA-050339 CERTIFICATE OF SERVICE John W. Macdonald, Darlene J. Macdonald, Individually and as Trustee under the Individually and as Trustee under the MacDonald Living Trust Dated September 23, | MacDonald Living Trust Dated September 23, 2003 2003 1900 Virginia Avenue, Unit 1002-C 1900 Virginia Avenue, Unit 1002-C Fort Myers, FL 33901 Fort Myers, FL 33901 Telephone: (239) 332-4446 Telephone: (239) 332-4446 Pro Se Pro Se Christopher J. Shields, Esq. Pavese Law Firm P.O. Box 1565 Ft. Myers, Florida 33902 Telephone: (239) 336-6256 Facsimile: (230) 332-2243 Attorneys for Defendant Royal Tee Homeowners Association, Inc.13, 14, 15. EXHIBIT A Documents evidencing proof or your current, permanent, residential address, and/or any property, residential, commercial or vacant, owned by either or both of you, individually or as Trustees. Any and all documents evidencing payments made to Wells Fargo relating to the Note, prior to March 3, 2010. Any and all documents evidencing payments made to Wells Fargo relating to the Note, after March 3, 2010. Any and all documents evidencing your relationship—as a borrower or otherwise—with Wells Faro Bank, N.A.—as creditor—including all promissory notes, mortgages, correspondence, notices, agreements or otherwise. Any and all documents evidencing a mutual mistake between You and Wells Fargo relating to either the Note or Mortgage. Any and all documents evidencing your entitlement to a setoff of your current indebtedness to Wells Fargo. Any and all documents evidencing Wells Fargo’s prior breach of either the Note or Mortgage, prior to March 3, 2010. Any and all documents evidencing your reliance on any misrepresentation made by Wells Fargo. Any and all documents evidencing Wells Fargo’s bad faith and unfair dealing in relation to the Note and Mortgage. Any and all documents evidencing Wells Fargo’s unclean hands in relation to the Note and Mortgage. Any and all documents evidencing that Wells Fargo lacks standing. Any and all documents evidencing that Wells Fargo is not the owner and holds the Note and Mortgage. Any and all documents evidencing that Wells Fargo committed fraud in relation to the Note and Mortgage. Any and all documents evidencing that the Note has been lost or destroyed. Any and all documents evidencing that Wells Fargo failed to comply with the notice and right to cure provisions required in the State of Florida. MI-378572 v1 0440142-00055CASE NO. 11-CA-050339 16. Any and all documents evidencing that You signed the Note or Mortgage under duress.FILED IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA APR 09 2012 , CHARLIE GREEN, CLERK CIVIL DIVISION CIRCUIT/COUNTY a BY .U. WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking institution, as successor by merger to WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff, CASE NO.: 2011-CA-050339 vs. JOHN W. MACDONALD a/k/a JOHN MACDONALD, Individually and as Trustee Under the Macdonald Living Trust Dated September 23, 2003, et. al., Defendants. RD RE-NOTICE O DEPOSITION : TO: ADDRESSEES ON THE ATTACHED SERVICE LIST PLEASE TAKE NOTICE that the undersigned attorneys will take the deposition upon oral examination before a court reporter, Notary Public, or any other officer authorized by law to take deposition of: Deponent Date Location DARLENE MACDONALD ‘Wednesday, May 9, Donovan Court Reporting ¢ ) 2012 2402 Bay Street CO 10:00 a.m. Suite 106 Ft. Myers, FL 33901 a JOHN W. MACDONALD Wednesday, May 9, Donovan Court Reporting 2012 2402 Bay Street 1:00 p.m. Suite 106 Ft. Myers, FL 33901 7 In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact undersigned counsel no later than seven days prior to the proceeding, Telephone 305-539- 3300 for assistance; if hearing impaired, telephone 1-800-955-8771 (Florida Relay Service Number) for assistance. MI-396046 v2CASE NO. 2011-CA-050339 The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Florida Rules of Civil Procedure. DEPONENTS are hereby directed to bring at said time and place the following: SEE ATTACHED EXHIBIT “A” I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via FedEx this_ Otfvaay of April, 2012 to the above-listed addressees. Respectfully submitted, K&L GATES LLP Attorneys for Plaintiff Southeast Financial Center 200 South Biscayne Boulevard, Suite 3900 Miami, Florida 33131 Tel: 305.539.3300 Fax: 305.358.7095 By: Ls) J . Florida 233 ELISA J. D’AMICO Florida Bar No. 73936 ce: Donovan Court Reporting 2402 Bay Street Suite 106 Ft. Myers, FL 33901 MI-396046 v2CASE NO, 2011-CA-050339 ¢c TE OF SE! John W. Macdonald, Darlene J. Macdonald, Individually and as Trustee under the Individually and as Trustee under the MacDonald Living Trust Dated September 23, | MacDonald Living Trust Dated September 23, 2003 2003 1900 Virginia Avenue, Unit 1002-C 1900 Virginia Avenue, Unit 1002-C Fort Myers, FL 33901 Fort Myers, FL 33901 Telephone: (239) 332-4446 Telephone: (239) 332-4446 Pro Se Pro Se Christopher J. Shields, Esq. Pavese Law Firm P.O. Box 1565 Ft. Myers, Florida 33902 Telephone: (239) 336-6256 Facsimile: (230) 332-2243 Attorneys for Defendant Royal Tee Homeowners Association, Inc. MI-396046 v2EXHIBIT A Documents evidencing proof or your current, permanent, residential address, and/or any property, residential, commercial or vacant, owned by either or both of you, individually or as Trustees. Any and all documents evidencing payments made to Wells Fargo relating to the Note, prior to March 3, 2010. Any and all documents evidencing payments made to Wells Fargo relating to the Note, after March 3, 2010. Any and all documents evidencing your relationship—as a borrower or otherwise—with Wells Faro Bank, N.A—as creditor—including all promissory notes, mortgages, correspondence, notices, agreements or otherwise. Any and all documents evidencing a mutual mistake between You and Wells Fargo relating to either the Note or Mortgage. Any and all documents evidencing your entitlement to a setoff of your current indebtedness to Wells Fargo. Any and all documents evidencing Wells Fargo’s prior breach of either the Note or Mortgage, prior to March 3, 2010. Any and all documents evidencing your reliance on any misrepresentation made by Wells Fargo. Any and all documents evidencing Wells Fargo’s bad faith and unfair dealing in relation to the Note and Mortgage. Any and all documents evidencing Wells Fargo’s unclean hands in relation to the Note and Mortgage. Any and all documents evidencing that Wells Fargo lacks standing. Any and all documents evidencing that Wells Fargo is not the owner and holds the Note and Mortgage. Any and all documents evidencing that Wells Fargo committed fraud in relation to the Note and Mortgage. Any and all documents evidencing that the Note has been lost or destroyed. Any and all documents evidencing that Wells Fargo failed to comply with the notice and right to cure provisions required in the State of Florida. MI-396046 v2CASE NO. 2011-CA-050339 16. Any and all documents evidencing that You signed the Note or Mortgage under duress. M1-396046 v21900 Virginia Ave. #1002 Fort Myers, Fla. 33901 Elisa J. D’Amico K&L Gates LLP Wachovia Financial Center 200 South Biscayne Blvd., Suite 3900 Miami, Fla. 33131-2399 Re: Case No. 11-CA-050339 Dear Ms. D’Amico In reference to the Deposition dated for August 31, 2011, I will be unavailable on that day. I would suggest a postponement date of 60 to 90 days or place this deposition on a temporary hold. On August 11, 2011, I spoke to Todd Mitchell at Wells Fargo and he suggested that | relist the property in question to do a short sale. He gave me the impression that they may be more receptive now then they had been in the past. _I feel confident that my realtor can produce a sale in or around a 90 day period. For your information, Mr. Mitchell’[s direct phone line is 515-324-8868. rota John W. Macdonald EXHIBIT Bsy RRR ose Dee. ba Sate Mate 7 my Dye cee ee eae . 2 RRNA eR IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION } WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking Institution, as successor by Merger to WACHOVIA BANK, NATIONAL ASSOCIATION, COPY | | Plaintiff, | | -vs- CASE NO:- 2011-CA-050339 JOHN W. MACDONALD a/k/a JOHN | MACDONALD, Individually and as i Trustee Under the Macdonald i Living Trust Dated | September 23, 2003, et al., Defendants. | CERTIFICATE OF NONAPPEARANCE In Re Deposition of John W. MacDonald I, Michele Benza, RPR, do hereby ceytify that I was present at Donovan Court Reporting, 2402 Bay Street, Suite 106, Fort Myers, Florida, on May 9, 2012, at 1:00 p.m, for the purpose of reporting the Deposition of John W. MacDonald; that I remained until 2:00 p.m., and the witness did not appear. Under penalties of perjury, I declate that I have read the foregoing certificate and that the facts stated in it are true. DATED this 15th day of May, 2012. PUBLIC STATE OF FLORIDA eT le Benza Qh cats #DD817696 te Expires: OCT. 10,2012 oes ONDED THIRD ATLANTIC BONDING CO, INC, cheonan tet SRR CIENT ed ERC AAINE: (RB IN THE CIRCUIT COURT OF THE TWENTIETH “suo gcrm CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking Institution, as successor by Merger to WACHOVIA BANK, NATIONAL ASSOCIATION, plaintifé, i -ve~ ‘ASE NO: 2011-cA-050339 JOHN W. MACDONALD a/k/a JOHN MACDONALD, Individually and as Trustee Under the Macdonald Living Trust Dated September 23, 2003, et al., Defendants. CERTIFICATE OF NCNAPPEARANCE In Re Deposition of Darlene MacDonald I, Michele Benza, RPR, do hereby certify that I was present at Donovan Court Reporting, 2402, Bay Street, Suite 106, Fort Myers, Florida, on May 9, 2012, at 10:00 a.m., for the purpose of reporting the Deposition of Darlene MacDonald; that I remained until 11:00 a.m., and the witness did not! appear. Under penalties of perjuty, I declare that I have read the foregoing certificate and that the facts stated in it are true. DATED this 15th day of May, 2012. NOTARY FUBLIC-STATE OF FLORIDA . Sane Michele Benza Commission #DD817696 es Expires: OCT. 10,2012 Michele Benza, KPR OADID TORU ATLANTIC BONDING CO, INC.