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a
IN CIRCUIT COURT, NINETEENTH
JUDCIAL CIRCUIT, IN AND FOR ST.
LUCIE COUNTY, FLORIDA
CASE NO.: 562008 CA003079
DEUTSCHE BANK TRUST COMPANY
AMERICAS, formerly known as
BANKER’S TRUST COMPANY, AS TRUSTEE
AND CUSTODIAN,
Plaintiff,
vs.
nl lian Sé fgh cal
JEROME B. PERLMUTTER, et al.,
Defendants.
/
REQUEST TO PRODUCE
The Defendant, Jerome B. Perlmutter, hereby requests, pursuant to Rule 1.350, Florida Rules
of Civil Procedure, that the Plaintiff, Deutsche Bank Trust Company Americas, formerly known as
Banker’s Trust Company, as Trustee and Custodian, produce the originals or copies of the following
items that are in the actual or constructive possession, custody, or control of the Plaintiff:
I_ DEFINITIONS
1.
"Documents or Documentation" shall mean any kind of written, typed, digital,
recorded or graphic matter, however produced or reproduced, of any kind or description, whether
sent or received, including originals, non-identical copies and drafts of both side thereof, and
including, but not limited to, papers, books, letters, correspondence, e-mails, attachments to e-mails,
telegrams, bulletins, notices, announcements, instruction, charts, manuals, brochures, schedules,
memoranda, notes, notations, transcripts, minutes, agendas, reports, and recordings of telephone or
aa
other conversations, interviews, conferences or other meetings, affidavits, statements, summaries,
opinions, reports, studies, microfilms and all other records kept by electronic means, photographic or
mechanical means, or other things similar to any of the foregoing.
2. "Entity" shall mean any natural person, individuals, general or limited partnerships,
corporation, association, organization, joint venture, firm, or other business enterprise, governmental
body, or group of natural persons.
3. "Identify" shall mean to establish the identity of a person or document including the
name and date of origin of a document, and the name, complete address and telephone number of a
person or entity.
4. "Relate" or Relating to" shall mean to make a statement about, discuss, describe,
reflect, constitute, identify, deal with, consist of, establish, compromise, list, evidence, substantiate,
or any way pertain in whole or part, to the subject.
5. "State" shall mean to give details sufficient to explain accurately and comprehensively
the facts, background, and circumstances to which the Interrogatory pertains.
6. "You" or "Your" refers to the Plaintiff in this action, his agents, employees, or
attorneys.
7. “Lender” refers to the Mortgagee who agreed to the loan, approved the loan
documents, and accepted the original loan documents, including but not limited to the Mortgagee
Title Insurance Policy, the recorded Mortgage, the Note, the Truth in Lending Disclosure Statement,
and all other documents required to be signed the borrower to the mortgagee.
8. “Closing Agent” individual or company responsible for conducting the transaction
between the Lender/Plaintiff and the Borrower/Defendant, who was responsible for providing the
Lender/Plaintiff with a Mortgagee Title Insurance Policy and for the signing of all of the documentsto complete the desired transaction of the Lender/Plaintiff and the Borrower/Defendant.
9.
1,
3.
Terms in the plural include the singular, and terms in the singular include the plural.
ITEMS REQUESTED
Any and all notes, letters, memorandums, reports or other written documentation,
written, typed, digital, recorded or graphic matter, however produced or reproduced,
of any kind or description, whether sent or received, including originals, non-
identical copies and drafts of both side thereof, and including, but not limited to,
papers, books, letters, correspondence, e-mails, attachments to e-mails, telegrams,
bulletins, notices, announcements, instruction, charts, manuals, brochures, schedules,
memoranda, notes, notations, transcripts, minutes, agendas, reports, and recordings of
telephone or other conversations, interviews, conferences or other meetings,
affidavits, statements, summaries, opinions, reports, studies, microfilms and all other
records kept by electronic means, photographic or mechanical means, or other things
similar to any of the foregoing including but not limited to: cancelled checks and/or
receipts, relating to the payment by the Defendant of the monetary obligations due to
the Plaintiff.
The complete loan closing file including but not limited to: all copies, whether digital
or in the form of a printed or faxed version, of the Settlement Statement, including
rough drafts and the final approved Settlement Statement, Truth in Lending
Statement, Three Day Notice of Right to Rescind, Appraisals, Surveys, Title
Insurance Commitments, Title Policies, all communication between the Lender and
Defendant, whether written, faxed, or digital, all communication between the Lender
and the Closing Agent, whether written, faxed, or digital, and all communication
between the Lender’s Closing Agent and the Defendant, whether written, faxed, or
digital.
Please provide a copy of the original Mortgage, which the Plaintiff is in thepossession of, showing the documentary stamps which were paid on the Mortgage
recorded in the public records of St. Lucie County, Florida.
4. Please provide a copy of the original Assignment of Mortgage, which the Plaintiff
holds, showing the recording information as recorded in the public records of St.
Lucie County, Florida.
Itis requested that the production of the original or copies of the information requested above
be made within 30 days from the date of service hereof, at the offices of the undersigned, for
inspection by visual observation and/or copying, in accordance with Rule 1.350, Florida Rules of
Civil Procedure.
AT THE ULTIMATE TRIAL OF THIS CAUSE, YOU ARE HEREBY DIRECTED,
PURSUANT TO RULE 1.410(b), FLORIDA RULES OF CIVIL PROCEDURE, TO
PRODUCE ALL OF THE ABOVE DOCUMENTS, PLUS ANY ADDITIONAL
DOCUMENTS DESCRIBED ABOVE, BUT RECEIVED BY YOU SUBSEQUENT TO YOUR
COMPLIANCE WITH THE ABOVE REQUEST TO PRODUCE.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded to
Shapiro & sna A: 2424 North Federal Highway, Suite 360, Boca Raton, FL 33431, via
USS. Mail this y ofl Oanembar _, 2008.
EDWARD W. BECHT, P.A.
Post Office Box 2746
Fort Pierce, Florida 34954
Telephone: 772-465-5500
Facsimile: 772-465-8909
Florida Bar No.: 324922
By: Cee) by
Edward W. Becht, Esq.
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a IN CIRCUIT COURT, NINETEENTH JUDCIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: 562008 CA003079 DEUTSCHE BANK TRUST COMPANY AMERICAS, formerly known as BANKER’S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN, Plaintiff, vs. nl lian Sé fgh cal JEROME B. PERLMUTTER, et al., Defendants. / REQUEST TO PRODUCE The Defendant, Jerome B. Perlmutter, hereby requests, pursuant to Rule 1.350, Florida Rules of Civil Procedure, that the Plaintiff, Deutsche Bank Trust Company Americas, formerly known as Banker’s Trust Company, as Trustee and Custodian, produce the originals or copies of the following items that are in the actual or constructive possession, custody, or control of the Plaintiff: I_ DEFINITIONS 1. "Documents or Documentation" shall mean any kind of written, typed, digital, recorded or graphic matter, however produced or reproduced, of any kind or description, whether sent or received, including originals, non-identical copies and drafts of both side thereof, and including, but not limited to, papers, books, letters, correspondence, e-mails, attachments to e-mails, telegrams, bulletins, notices, announcements, instruction, charts, manuals, brochures, schedules, memoranda, notes, notations, transcripts, minutes, agendas, reports, and recordings of telephone or aa other conversations, interviews, conferences or other meetings, affidavits, statements, summaries, opinions, reports, studies, microfilms and all other records kept by electronic means, photographic or mechanical means, or other things similar to any of the foregoing. 2. "Entity" shall mean any natural person, individuals, general or limited partnerships, corporation, association, organization, joint venture, firm, or other business enterprise, governmental body, or group of natural persons. 3. "Identify" shall mean to establish the identity of a person or document including the name and date of origin of a document, and the name, complete address and telephone number of a person or entity. 4. "Relate" or Relating to" shall mean to make a statement about, discuss, describe, reflect, constitute, identify, deal with, consist of, establish, compromise, list, evidence, substantiate, or any way pertain in whole or part, to the subject. 5. "State" shall mean to give details sufficient to explain accurately and comprehensively the facts, background, and circumstances to which the Interrogatory pertains. 6. "You" or "Your" refers to the Plaintiff in this action, his agents, employees, or attorneys. 7. “Lender” refers to the Mortgagee who agreed to the loan, approved the loan documents, and accepted the original loan documents, including but not limited to the Mortgagee Title Insurance Policy, the recorded Mortgage, the Note, the Truth in Lending Disclosure Statement, and all other documents required to be signed the borrower to the mortgagee. 8. “Closing Agent” individual or company responsible for conducting the transaction between the Lender/Plaintiff and the Borrower/Defendant, who was responsible for providing the Lender/Plaintiff with a Mortgagee Title Insurance Policy and for the signing of all of the documentsto complete the desired transaction of the Lender/Plaintiff and the Borrower/Defendant. 9. 1, 3. Terms in the plural include the singular, and terms in the singular include the plural. ITEMS REQUESTED Any and all notes, letters, memorandums, reports or other written documentation, written, typed, digital, recorded or graphic matter, however produced or reproduced, of any kind or description, whether sent or received, including originals, non- identical copies and drafts of both side thereof, and including, but not limited to, papers, books, letters, correspondence, e-mails, attachments to e-mails, telegrams, bulletins, notices, announcements, instruction, charts, manuals, brochures, schedules, memoranda, notes, notations, transcripts, minutes, agendas, reports, and recordings of telephone or other conversations, interviews, conferences or other meetings, affidavits, statements, summaries, opinions, reports, studies, microfilms and all other records kept by electronic means, photographic or mechanical means, or other things similar to any of the foregoing including but not limited to: cancelled checks and/or receipts, relating to the payment by the Defendant of the monetary obligations due to the Plaintiff. The complete loan closing file including but not limited to: all copies, whether digital or in the form of a printed or faxed version, of the Settlement Statement, including rough drafts and the final approved Settlement Statement, Truth in Lending Statement, Three Day Notice of Right to Rescind, Appraisals, Surveys, Title Insurance Commitments, Title Policies, all communication between the Lender and Defendant, whether written, faxed, or digital, all communication between the Lender and the Closing Agent, whether written, faxed, or digital, and all communication between the Lender’s Closing Agent and the Defendant, whether written, faxed, or digital. Please provide a copy of the original Mortgage, which the Plaintiff is in thepossession of, showing the documentary stamps which were paid on the Mortgage recorded in the public records of St. Lucie County, Florida. 4. Please provide a copy of the original Assignment of Mortgage, which the Plaintiff holds, showing the recording information as recorded in the public records of St. Lucie County, Florida. Itis requested that the production of the original or copies of the information requested above be made within 30 days from the date of service hereof, at the offices of the undersigned, for inspection by visual observation and/or copying, in accordance with Rule 1.350, Florida Rules of Civil Procedure. AT THE ULTIMATE TRIAL OF THIS CAUSE, YOU ARE HEREBY DIRECTED, PURSUANT TO RULE 1.410(b), FLORIDA RULES OF CIVIL PROCEDURE, TO PRODUCE ALL OF THE ABOVE DOCUMENTS, PLUS ANY ADDITIONAL DOCUMENTS DESCRIBED ABOVE, BUT RECEIVED BY YOU SUBSEQUENT TO YOUR COMPLIANCE WITH THE ABOVE REQUEST TO PRODUCE. I HEREBY CERTIFY that a true and correct copy of the foregoing has been forwarded to Shapiro & sna A: 2424 North Federal Highway, Suite 360, Boca Raton, FL 33431, via USS. Mail this y ofl Oanembar _, 2008. EDWARD W. BECHT, P.A. Post Office Box 2746 Fort Pierce, Florida 34954 Telephone: 772-465-5500 Facsimile: 772-465-8909 Florida Bar No.: 324922 By: Cee) by Edward W. Becht, Esq.