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Filing # 90126818 E-Filed 05/25/2019 09:47:14 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
IRIS BEAUGRAND, individually and as
POA for Heidrun Riedner,
Plaintiff,
v. CASE NO: 2017 CA 181
ROBERT O’TOOLE,
Defendant.
Exhibit
Transcript of Sarasota Proceeding
Evidence Exhibits Plaintiff 10 (pages 1
through 75)
1j/PageFiling # 90126818 E-Filed 05/25/2019 09:47:14 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
IRIS BEAUGRAND, individually and as
POA for Heidrun Riedner,
Plaintiff,
v. CASE NO: 2017 CA 181
ROBERT O’TOOLE,
Defendant.
Exhibit
Transcript of Sarasota Proceeding
Evidence Exhibits Plaintiff 10 (pages 1
through 75)
1|/Pager ) IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR SARASOTA COUNTY
CASE NO. 2016 CA 006351 NC
IRIS BEAUGRAND,
Plaintiff/Counter-Defendant,
vs.
ROBERT O'TOOLE,
Defendant/Counter-Plaintiff.
DEPOSITION OF ROBERT O'TOOLE
TAKEN BY: PLAINTIFF/COUNTER-DEFENDANT HEREIN
BEFORE: AMY E. ROBERTS, RPR, RMR
Notary Public
State of Florida at Large
DATE: January 17, 2018
TIME: 10:13 a.m. - 12:22 p.m.
PLACE: Roberts Reporting, Inc.
871 Venetia Bay Boulevard
Suite 220
Venice, Florida
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe@ IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR SARASOTA COUNTY
CASE NO. 2016 CA 006351 NC
IRIS BEAUGRAND,
Plaintiff/Counter-Defendant,
vs.
ROBERT O'TOOLE,
Defendant/Counter-Plaintiff.
DEPOSITION OF ROBERT O'TOOLE
TAKEN BY: PLAINTIFF/COUNTER-DEFENDANT HEREIN
BEFORE: AMY E. ROBERTS, RPR, RMR
Notary Public
State of Florida at Large
DATE: January 17, 2018
TIME: 10:13 a.m. - 12:22 p.m.
PLACE: Roberts Reporting, Inc.
871 Venetia Bay Boulevard
Suite 220
Venice, Florida
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL2
e 1 APPEARANCES
2 STEELE T. WILLIAMS, Esquire
Steele T. Williams, P.A.
3 1381 McAnsh Square
Sarasota, Florida 34236
4 941-378-1800
SteeleTWilliams@comcast.net
5 Appearing on Behalf of
Plaintiff/Counter-Defendant
6
BRET CLARK, Esquire
7 Bret Shawn Clark, P.A.
P.O. Box 1133
8 Englewood, Florida 34295
941-404-4704
9 BretClark@WebNewLawyer.com
Appearing on Behalf of
10 Defendant/Counter-Plaintiff
11 ALSO PRESENT: Iris Beaugrand
Heidrun Riednar
12 (Beginning Page 25)
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ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe 1 APPEARANCES
2 STEELE T. WILLIAMS, Esquire
Steele T. Williams, P.A.
3 1381 McAnsh Square
Sarasota, Florida 34236
4 941-378-1800
SteeleTWilliams@comcast .net
5 Appearing on Behalf of
Plaintiff/Counter-Defendant
6
BRET CLARK, Esquire
7 Bret Shawn Clark, P.A.
P.O. Box 1133
8 Englewood, Florida 34295
941-404-4704
9 BretClark@WebNewLawyer.com
Appearing on Behalf of
10 Defendant/Counter-Plaintiff
11 ALSO PRESENT: Iris Beaugrand
Heidrun Riednar
12 (Beginning Page 25)
@® :
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Filed 03/01/2018 03
ROBERTS REPORTING, INC.
941-485-7267
| - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL3
@ 1 Deposition of: ROBERT O'TOOLE
2
3 INDEX
4 Examination Page
5 Direct, by Mr. Williams 5
Cross, by Mr. Clark 83
6 Redirect, by Mr. Williams 87
7
8 Certificate of Oath 89
Deposition Certificate 90
9 Reading & Signing Instructions 91
Errata Sheet 93
10
11
12
13 EXHIBITS
@ 14 Number Description Marked
is Plaintiff's 1 Lis Pendens Dated 23
09/01/06
16
Plaintiff's 2 Complaint Filed for 24
17 Record 09/05/06
18 Plaintiff's 3 Notice of Cancellation 25
of Hearing Scheduled
19 for 10/27/06
20 Plaintiff's 4 Complaint Filed for 31
Record 10/16/07
21
Plaintiff's 5 Letter from Attorney 57
22 Williams Dated 11/17/16
23 Plaintiff's 6 Contract to Lease 69
3502 North Access Road
24 Suite 5, Englewood, FL
25
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL3
@ 1 Deposition of: ROBERT O'TOOLE
2
3 INDEX
4 Examination Page
5 Direct, by Mr. Williams 5
Cross, by Mr. Clark 83
6 Redirect, by Mr. Williams 87
8 Certificate of Oath 89
Deposition Certificate 90
9 Reading & Signing Instructions 91
Errata Sheet 93
10
11
12
13 EXHIBITS
@ 14 Number Description Marked
15 Plaintiff's 1 Lis Pendens Dated 23
09/01/06
16
Plaintiff's 2 Complaint Filed for 24
17 Record 09/05/06
18 Plaintiff's 3 Notice of Cancellation 25
of Hearing Scheduled
19 for 10/27/06
20 Plaintiff's 4 Complaint Filed for 31
Record 10/16/07
21
Plaintiff's 5 Letter from Attorney 57
22 Williams Dated 11/17/16
23 Plaintiff's 6 Contract to Lease 69
3502 North Access Road
24 Suite 5, Englewood, FL
25
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1 EXHIBITS CONTINUED
Number Description Marked
»® WN
Plaintiff's 7 Letter from Attorney 73
Williams Dated 03/03/17
Plaintiff's 8 Letter from Attorney 75
6 Clark Dated 03/21/17
7 Plaintiff's 9 Handwritten Document 75
Dated 12/07/15
Plaintiff's 10 Photographs of Wire 77
9 Transfers
10
11
12
e 13
14
15
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17
18
19
20
21
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23
24
25
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL©@ 1 EXHIBITS CONTINUED
Number Description Marked
» WN
Plaintiff's 7 Letter from Attorney 73
Williams Dated 03/03/17
Plaintiff's 8 Letter from Attorney 75
6 Clark Dated 03/21/17
7 Plaintiff's 9 Handwritten Document 75
Dated 12/07/15
Plaintiff's 10 Photographs of Wire 77
9 Transfers
10
11
12
@ 13
14
15
16
17
18
19
20
21
22
23
24
25
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1| THEREUPON,
2 ROBERT O'TOOLE
3 was adduced as the deponent herein and having been
4 first duly sworn on oath was questioned and stated as
5 follows:
6 THE DEPONENT: TI do.
7 DIRECT EXAMINATION
8 BY MR. WILLIAMS:
9 Q. Mr. O'Toole, what's your date of birth?
10 A. 4/17/1959.
11 Q. And what's the last four digits of your
12 Social?
ol oo
eo. . =
1s A. That's correct.
16 Q. Can you tell me where you have lived since
17 2005?
18 A. 616 Pinto Trail in Englewood.
19 Q. How long did you live there?
20 A. Until I think it was September of 2015.
21 Q. So you lived there from 2005 to September
22 of '15?
23 A. I believe so.
24 Q. Where did you live prior to --
25 A. 1855 Bayshore Drive.
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1| THEREUPON,
2 ROBERT O'TOOLE
3 was adduced as the deponent herein and having been
4 first duly sworn on oath was questioned and stated as
5 follows:
6 THE DEPONENT: I do.
7 DIRECT EXAMINATION
8 BY MR. WILLIAMS:
9 Q. Mr. O'Toole, what's your date of birth?
10 A. 4/17/1959.
11 Q. And what's the last four digits of your
12 Social?
13 a.
ef
15 A. That's correct.
16 Q. Can you tell me where you have lived since
17 2005?
18 A. 616 Pinto Trail in Englewood.
19 Q. How long did you live there?
20 A. Until I think it was September of 2015.
21 Q. So you lived there from 2005 to September
22 of '15?
23 A. I believe so.
24 Q. Where did you live prior to --
25 A. 1855 Bayshore Drive.
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL| e@ 1 Q. So you lived in 1855 Bayshore prior to
2 2005?
3 A. Correct.
4 Q. Where did you live after September of
5 2015?
6 A. 808 East First Street, Englewood.
7 Q. Is that where you live today?
8 A. Correct.
9 Q. Have you lived any other places other than
10 those three addresses --
li A. No.
12 Q. -- in the last 15 years?
| 13 A. No.
@ 14 Q. Have you ever been married?
15 A Yes.
16 Q When were you married?
17 A. "86 to '98.
18 Q. Who were you married to?
19 A ‘97. Susan O'Toole.
20 Q. Where did you live during that marriage?
21 A. Virginia.
22 Q. What part?
23 A. Northern.
24 Q. What city?
25 A. Alexandria.
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL| @ 1 Q. So you lived in 1855 Bayshore prior to
| 2} 2005?
3 A. Correct.
4 Q. Where did you live after September of
5 2015?
6 A. 808 East First Street, Englewood.
7 Q. Is that where you live today?
8 A. Correct.
9 Q. Have you lived any other places other than
10 those three addresses --
11 A. No.
! 12 Q. -- in the last 15 years?
e 13 A. No.
14
Q. Have you ever been married?
15 A. Yes.
16 Q. When were you married?
17 A. "86 to '98.
18 Q. Who were you married to?
19 A. ‘97, Susan O'Toole.
20 Q. Where did you live during that marriage?
21 A. Virginia.
22 Q. What part?
23 A. Northern.
24 Q. What city?
25 A. Alexandria.
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1 Q. What was your address in Alexandria?
2 A. 8174 Fern Lake Court.
3 Q. Do you have any kids of that marriage?
4 A. I do.
5 Q. What are their names?
6 A. Katherine, Kimberly and Nicole.
7 Q. Is that the only time you've been married?
8 A. Correct.
9 Q. Were the three kids born during the
10 marriage?
11 A. They were.
12 Q. Did either of your kids ever live with you
13 here in Florida?
@ 14 A. Yes.
15 Q. When was that?
16 A. They lived with me full-time until they
17 went to college.
18 Q. When did they go to college?
19 A. Oh, gosh. The oldest one graduated in
20 June of 2009. Kimberly graduated -- no, I take that
21 back. My dates are mixed up. '97? '98? 2000?
22 Repeat the question, please.
23 Q. When did they go to college? How old are
24 they? What are their date of births?
25 A. 30, 28 and 25.
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court. Sarasota County, FL@ 1 Q. What was your address in Alexandria?
2 A. 8174 Fern Lake Court.
3 Do you have any kids of that marriage?
4 A. I do.
5 Q. What are their names?
6 A. Katherine, Kimberly and Nicole.
7 Q. Is that the only time you've been married?
8 A. Correct.
9 Q. Were the three kids born during the
10 marriage?
il A. They were.
12 Q. Did either of your kids ever live with you
13 here in Florida?
@ 14 A. Yes.
15 Q. When was that?
16 A. They lived with me full-time until they
17 went to college.
18 Q. When did they go to college?
19 A. Oh, gosh. The oldest one graduated in
20 June of 2009. Kimberly graduated -- no, I take that
21 back. My dates are mixed up. '97? '98? 2000?
22 Repeat the question, please.
23 Q. When did they go to college? How old are
24 they? What are their date of births?
25 A. 30, 28 and 25.
ROBERTS REPORTING, INC.
941-485-7267
“Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe@ 1 Q. 30, 28 and 25? So Katherine graduated
2 from college in June of '09, or went to college in
3 June of '09?
4 A. '87, '97, ‘07, '05. I think she lived
5 with me until '04. I think she went with her mother
6 when she was 17, though. That's right.
7 Q. That's Katherine. What about the other
8 two daughters?
9 A. The question was when did they live with
10 me or --
11 Q. Yep.
12 A. Until 2000 -- until 2005. 2004, 2005.
13 I'm not sure of the date. Way before I met Iris they
@ 14 left.
15 Q. Okay. Okay. So your three girls were no
16 longer living with you when you were living with
17 Iris?
18 A. Correct.
19 Q. When did you move to Florida?
20 A. "96,
21 Q. Did you move to Florida with your former
22 wife?
23
»
Former wife and three children, correct.
24 Q. Have you ever been married other than to
25 Susan O'Toole?
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1 Q. 30, 28 and 25? So Katherine graduated
2 from college in June of '09, or went to college in
3 dune of '09?
4 A. "87, '97, ‘07, '05. I think she lived
5 with me until '04. I think she went with her mother
6 when she was 17, though. That's right.
7 Q. That's Katherine. What about the other
8 two daughters?
9 A. The question was when did they live with
10 me or --
11 Q. Yep.
12 A. Until 2000 -- until 2005. 2004, 2005.
13 I'm not sure of the date. Way before I met Iris they
@ 14 left.
15 Q. Okay. Okay. So your three girls were no
16 longer living with you when you were living with
17 Tris?
18 A. Correct.
19 Q. When did you move to Florida?
20 A. "96.
21 Q. Did you move to Florida with your former
22 wife?
23 A. Former wife and three children, correct.
24 Q. Have you ever been married other than to
25 Susan O'Toole?
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe@ 1 A. You asked me that question before. No.
2 The tea is good.
3 Q. What's your educational background?
4 A. I went to Seton Hall Prep, Seton Hall
5 University and Georgetown University, and I also went
to Northern Virginia Community College to get my real
estate license and my real estate broker's license.
8 Q. When did you graduate from Seton Hall
9 Prep?
10 A. 1997.
11 Q. Is that college or is that a high school?
12 A. High school prep. Prep school.
@ 13 Q. And then after graduation from Seton Hall
14 Prep you went to Seton Hall University?
15 A. I took college courses there. I went to
16 school at George Washington University College.
17 Q. George Washington University?
18 A. University in Washington, D.C.
19 Q. GW?
20 A. Correct.
21 Q. Did you graduate with a degree from GW?
22 A. I did not.
23 Q. When did you take courses at GW?
24 A. Through 1980. '77, '80 or '81. I was 30
25 credits short. I ran out of money.
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe 1 A. You asked me that question before. No.
2 The tea is good.
3 Q. What's your educational background?
4 A. I went to Seton Hall Prep, Seton Hall
5 University and Georgetown University, and I also went
6 to Northern Virginia Community College to get my real
7 estate license and my real estate broker's license.
8 Q. When did you graduate from Seton Hall
9 Prep?
10 A. 1997.
11 Q. Is that college or is that a high school?
12 A. High school prep. Prep school.
e 13 Q. And then after graduation from Seton Hall
14 Prep you went to Seton Hall University?
15 A. I took college courses there. I went to
16 school at George Washington University College.
17 Q. George Washington University?
18 A. University in Washington, D.C.
19 Q. GW?
20 A. Correct.
21 Q. Did you graduate with a degree from GW?
22 A. I did not.
23 Q. When did you take courses at GW?
24 A. Through 1980. '77, '80 or '81. I was 30
25 credits short. I ran out of money.
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10
@ 1 Q. I may have had my dates wrong or wrote
2 something incorrectly. I thought Seton Hall Prep
3 you graduated in --
4 A. 1997. 1977. Excuse me. Sorry. It was a
5 couple years ago. I feel young.
6 MR. CLARK: That's 20 years off. That's
7 not too bad.
8 Q. (BY MR. WILLIAMS) You were 20 years off
9 on your date of high school? Okay. I was just --
10 you said --
11 A. I apologize.
12 Q. ~- 1997 and I wanted to know --
13 A. Excuse me. 1977.
@ 14 MR. CLARK: He thinks of himself as
15 younger than he really is.
16 THE DEPONENT: I do.
17 MR. CLARK: As some of us do. It will
18 happen to you at some point.
19 Q. (BY MR. WILLIAMS) When did you ~-- you
20 stopped taking courses at GW, George Washington, in
21 1980 sometime?
22 A. Correct.
23 Q. And what were you studying at GW?
24 A. Political science.
25 Q. Then you mentioned thereafter you went to
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10
@ 1 Q. I may have had my dates wrong or wrote
2 something incorrectly. I thought Seton Hall Prep
3 you graduated in --
4 A. 1997. 1977. Excuse me. Sorry. It was a
5 couple years ago. I feel young.
6 MR. CLARK: That's 20 years off. That's
7 not too bad.
8 Q. (BY MR. WILLIAMS) You were 20 years off
9 on your date of high school? Okay. I was just --
10 you said --
11 A. I apologize.
12 Q. -- 1997 and I wanted to know --
13 A. Excuse me. 1977.
@ 14 MR. CLARK: He thinks of himself as
15 younger than he really is.
16 THE DEPONENT: I do.
17 MR. CLARK: As some of us do. It will
18 happen to you at some point.
19 Q. (BY MR. WILLIAMS) When did you -- you
20 stopped taking courses at GW, George Washington, in
21 1980 sometime?
22 A. Correct.
23 Q. And what were you studying at GW?
24 A. Political science.
25 Q. Then you mentioned thereafter you went to
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen £. Rushing, Clerk of the Circuit Court. Sarasota County, FLDB wi oN
an uw
10
11
12
13
15
16
17
18
19
20
21
22
23
24
25
A. I took -- Northern Virginia Community
College. I took some courses.
Q. And that was after GW?
A. Correct.
Q. And what was the purpose of taking courses
at Northern Virginia Community College?
A. Because it was close to where I worked and
I enjoyed some of the courses.
Q. You mentioned earlier that you were
studying for real estate?
A. I studied real estate courses.
Q. Did you ever get your real estate license?
A. I did.
Q. Where did you get your real estate
license?
A. In northern Virginia. In Virginia.
Q. When was that?
A. 1981-'82.
Q. Did you maintain your real estate license
after that?
A. No. I just took the courses, took the
classes.
Q. But you did, in fact, get a Virginia real
estate license?
11
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL.11
@ 1 a--
2 A. I took -- Northern Virginia Community
3 College. I took some courses.
4 Q. And that was after GW?
5 A. Correct.
6 Q. And what was the purpose of taking courses
7 at Northern Virginia Community College?
8 A. Because it was close to where I worked and
9 I enjoyed some of the courses.
10 Q. You mentioned earlier that you were
11 studying for real estate?
12 A. I studied real estate courses.
13 Q. Did you ever get your real estate license?
@ 14 A. I did.
15 Q. Where did you get your real estate
16 license?
17 A. In northern Virginia. In Virginia.
18 Q. When was that?
19 A. 1981-'82.
20 Q. Did you maintain your real estate license
21 after that?
22 A. No. I just took the courses, took the
23 classes.
24 Q. But you did, in fact, get a Virginia real
25 estate license?
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL12
@ 1 A. Yeah.
2 Q. Thereafter did you ever get a real estate
3 license anywhere else?
4 A. No.
5 Q. Did you ever take real estate courses
6 in --
7 A. No.
8 Q. -- Florida of any nature?
9 A. No.
10 Q. Any other education that we haven't talked
11 about?
12 A. No.
13 Q. Besides the Virginia real estate license
@ 14 have you had any professional licenses?
15 A. No.
16 Q. What's your work experience from after
17 Seton Hall Prep in 1977? What have you been doing?
18 A. I washed dishes.
19 Q. Okay.
20 A. I was a waiter.
2i Q. What have you been doing in addition to
22 that for work?
23 A. What, do you want me to go back to 1977?
24 Q. Well, from 1980 on what's your work
25 experience? Do you have a trade or profession?
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL12
@ 1 A. Yeah.
2 Q. Thereafter did you ever get a real estate
3 license anywhere else?
4 A. No.
5 Q. Did you ever take real estate courses
6 in --
7 A. No.
8 Q. -- Florida of any nature?
9 A. No.
10 Q. Any other education that we haven't talked
11 about?
12 A. No.
13 Q. Besides the Virginia real estate license
@ 14 have you had any professional licenses?
15 A. No.
16 Q. What's your work experience from after
17 Seton Hall Prep in 1977? What have you been doing?
18 A. I washed dishes.
19 Q. Okay.
20 A. I was a waiter.
2i Q. What have you been doing in addition to
22 that for work?
23 A. What, do you want me to go back to 1977?
24 Q. Well, from 1980 on what's your work
25 experience? Do you have a trade or profession?
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL13
@ 1 A. I'm in the computer business.
2 Q. Have you always been in the computer
3 business since 1980?
4 A. No.
5 Q. When did you get into the computer
6 business?
7 A. Late '80s, early '90s.
8 Q. Have you done anything else for work other
9 than the computer business since the late '80s?
10 A. Yeah. I own a FAX business.
11 Q. You own a what?
12 A. I own a FAX business.
13 Q. What's a FAX business?
@ 14 A. We sell FAX machines to law firms.
15 Q. When did you do that?
16 A. Mid '80s.
17 Q. Where did you do that?
18 A. Old Town Alexandria.
19 Q. What else have you done?
20 A. Currently or since 1977?
21 Q. Since 1980.
22 A. 1980?
23 Q. I'm trying to expedite, but you said
24 you've been in the computer business. Can you tell
25 me what that means to you?
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL13
@ 1 A. I'm in the computer business.
2 Q. Have you always been in the computer
3] business since 1980?
4 A. No.
5 Q. When did you get into the computer
6 business?
7 A. Late '80s, early '90s.
8 Q. Have you done anything else for work other
9 than the computer business since the late '80s?
10 A. Yeah. I own a FAX business.
11 Q. You own a what?
12 A I own a FAX business.
13 Q. What's a FAX business?
@ 14 A We sell FAX machines to law firms.
15 Q. When did you do that?
16 A. Mid '80s.
17 Q. Where did you do that?
18 A. Old Town Alexandria.
19 Q. What else have you done?
20 A. Currently or since 1977?
21 Q. Since 1980.
22 A. 1980?
23 Q. I'm trying to expedite, but you said
24 you've been in the computer business. Can you tell
25 me what that means to you?
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@ 1 A. I fix computers and networks.
| 2 Q. Do you sell computers?
3 A. Rarely.
4 Q. Have you worked for other people or have
5 you always been -- have you been on your own?
6 A. I've been on my own.
7 Q. Other than the computer business and the
8 FAX business have you engaged in any other businesses
9 since the late 1980s?
10 A. No.
11 Q. Just so we're clear on education, do you
12 have any degrees --
13 A. No.
@ 14 Q. -- from any colleges?
15 A. No.
16 Q. When did you start dating Iris?
17 A. I don't think we ever dated.
18 Q. Okay. When did you start living together?
19 A. She called me up one day and wanted to
20 borrow my track -~ my truck and my trailer to move
21 from one house to another, and that was, I'm
22 thinking, 2004. I don't remember when it was. It
23 might have been 2005. I think it was 2004.
24 Q. If you never started dating how did you
25 first meet Iris?
ROBERTS REPORTING, INC.
941-485-7267
Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe@ 1 A. I fix computers and networks.
2 Q. Do you sell computers?
3 A Rarely.
4 Q. Have you worked for other people or have
5 you always been -- have you been on your own?
6 A. I've been on my own.
7 Q. Other than the computer business and the
8 FAX business have you engaged in any other businesses
9 since the late 1980s?
10 A.
11 Q.
12 have any degrees --
13 A. No.
@ 14 Q. -- from any colleges?
15 A No.
16 Q When did you start dating Iris?
17 A. TI don't think we ever dated.
18 Q Okay. When did you start living together?
19 A. She called me up one day and wanted to
20 borrow my track -- my truck and my trailer to move
21 from one house to another, and that was, I'm
22 thinking, 2004. I don't remember when it was. It
23 might have been 2005. I think it was 2004.
24 Q.
25 first meet Iris?
14
No.
Just so we're clear on education, do you
If you never started dating how did you
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A. I was telling you. She called me up one
day and she was a -- I'm going to be mean. I don't
want to be mean. Oh, we met on Match.
Q. Match.com?
A. Correct. However, we didn't date. We
just became -- I don't want to use the word friends,
but we just -- we went on a date or two and that was
it. She ended up dating a physician, so I didn't
talk to her for months and months at a time. And
then one day she called me up and asked me -- we
weren't dating at the time -- if I could help her,
move her from one house to another. I told her my
back was sore. I don't move people in general, but I
felt sorry for her because she was pleading for me to
help. She had to move out by the weekend. I think
it was Thursday or Friday. And I said, "I'll get
some friends of mine and you will pay them and they
will move you."
Q. Do you know when that was?
A. No. I don't remember. It was hot. It
was during the summer. I'm thinking it was July.
Q. That's about 10 months of the year, so --
A. Well, it was really hot.
Q. I mean --
A. Excuse me. I'm sorry. I'm trying to be
15
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A. I was telling you. She called me up one
day and she was a -- I'm going to be mean. I don't
want to be mean. Oh, we met on Match.
Q. Match.com?
A. Correct. However, we didn't date. We
just became -- I don't want to use the word friends,
but we just -- we went on a date or two and that was
it. She ended up dating a physician, so I didn't
talk to her for months and months at a time. And
then one day she called me up and asked me -- we
weren't dating at the time -- if I could help her,
move her from one house to another. I told her my
back was sore. I don't move people in general, but I
felt sorry for her because she was pleading for me to
help. She had to move out by the weekend. I think
it was Thursday or Friday. And I said, "I'll get
some friends of mine and you will pay them and they
will move you."
Q. Do you know when that was?
A. No. I don't remember. It was hot. It
was during the summer. I'm thinking it was July.
That's about 10 months of the year, so --
A. Well, it was really hot.
Q. I mean --
A. Excuse me. I'm sorry. I'm trying to be
15
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@ 1 as honest and forthright as possible. It was really
2 hot. It was July or August, I'm thinking. Maybe
3 September. And I'm thinking, if I had to pinpoint
4 it, 2004. I would say August. And I went to her
5 house with I think it was three guys, and they moved
6 all their stuff. They put it on the trailer, and we
7 were moving out to a house in Englewood, a small
8 house in Englewood, and the house -- the air
9 conditioning was broken and there was one bedroom. I
10 think it was one bedroom. And she had four kids and
11 herself in that one house. The fan didn't work and
12 the air conditioning was broken, and she wanted me to
Ft -F—Just dump her there with all of ner stuff.~ . - oe
@ 14 Q. Do you recall what address she was moving
15 from into?
16 A. It was out in South Gulf Cove. If I had
17 to look it up I could, but I don't remember.
18 Q. And then she --
19 A. She had just got out of the hospital.
20 Q. Okay. Moved her to where? The Pinto
21 address?
22 A. No. To some rental house in Old Town
23 Englewood.
24 Q. Okay.
25 A. Some little block house.
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e@ 1 as honest and forthright as possible. It was really
2 hot. It was July or August, I'm thinking. Maybe
3 September. And I'm thinking, if I had to pinpoint
4 it, 2004. I would say August. And I went to her
5 house with I think it was three guys, and they moved
6 all their stuff. They put it on the trailer, and we
7 were moving out to a house in Englewood, a small
8 house in Englewood, and the house -- the air
9 conditioning was broken and there was one bedroom. I
10 think it was one bedroom. And she had four kids and
11 herself in that one house. The fan didn't work and
12 the air conditioning was broken, and she wanted me to
== 3--—just dump-her-there with all of ner stuff.” . - re
@ 14 Q. Do you recall what address she was moving
15 from into?
16 A. It was out in South Gulf Cove. If I had
17 to look it up I could, but I don't remember.
18 Q. And then she --
19 A. She had just got out of the hospital.
20 Q. Okay. Moved her to where? The Pinto
21 address?
22 A. No. To some rental house in Old Town
23 Englewood.
24 Q. Okay.
25 A. Some little block house.
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@ 1 Q. Do you recall what year that was? 2004?
2 A. I'm thinking it was summer 2004. I think.
3 Q. And then did you guys start dating after
4 that?
5 A. No.
6 How did your relationship develop?
7 A. No. Well, I felt bad because --
8 MR. CLARK: Let him finish asking you the
9 question --
10 THE DEPONENT: Sorry.
11 MR. CLARK: -- because she can't take you
12 down when you're both talking.
13 THE DEPONENT: Sorry. Thank you.
@ 14 Repeat the question, please.
15 Q. (BY MR. WILLIAMS) What happened after
16 that?
17 A. I felt bad leaving her in the house. I
18 couldn't leave her with four kids in a non-air
19 conditioned house with no fan. So I invited them
20 back to my Bayshore house in which I lived alone, so
21 twenty-five hundred -- it was a four-bedroom house,
22 and told her she could stay there until she found an
23 appropriate place to live.
24 Q. Okay. The Bayshore house is the property
25 that's at issue in this case?
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@ 1 Q. Do you recall what year that was? 2004?
2 A. I'm thinking it was summer 2004. I think.
3 Q. And then did you guys start dating after
4 that?
5 A. No.
6 Q. How did your relationship develop?
7 A. No. Well, I felt bad because --
8 MR. CLARK: Let him finish asking you the
9 question --
10 THE DEPONENT: Sorry.
11 MR. CLARK: -- because she can't take you
12 down when you're both talking.
13 THE DEPONENT: Sorry. Thank you.
@ 14 Repeat the question, please.
15 Q. (BY MR. WILLIAMS) What happened after
16 that?
17 A. I felt bad leaving her in the house. I
18 couldn't leave her with four kids in a non-air
19 conditioned house with no fan. So I invited them
20 back to my Bayshore house in which I lived alone, so
21 twenty-five hundred -- it was a four-bedroom house,
22 and told her she could stay there until she found an
23 appropriate place to live.
24 Q. Okay. The Bayshore house is the property
25 that's at issue in this case?
@
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e@ 1 A. I guess, yes.
2 Q. 1855 --
3 A. Correct, 1855 Bayshore.
4 Q. And when was that?
S A. That was that night.
Q. What, about 2004, 2005?
7 A. 2004. Summer of 2004, I'm guessing.
8 Q. Well, and then she moved in with her kids
9 to the Bayshore house?
10 A. Correct.
11 Q. And did you guys have a relationship at
12 that point?
13 A No
@ 14 Q. Okay. And when did you have a
15 relationship with Iris?
16 A. I was thinking it was the second night she
17 came into my bedroom on the other side of the house.
18 Q. You had relations then and that's when the
19 relationship started?
20 A. Correct.
21 Q. Did you guys continuously have relations
22 and cohabitate until you broke up?
23 A. Yes.
24 Q. And when did you break up?
25 A. September of -- end of August of '15.
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e@ 1 A. I guess, yes.
2 Q. 1855 --
3 A. Correct, 1855 Bayshore.
4 Q. And when was that?
5 A. That was that night.
6 Q. What, about 2004, 2005?
7 A. 2004. Summer of 2004, I'm guessing.
8 Q. Well, and then she moved in with her kids
9 to the Bayshore house?
10 A. Correct.
11 Q. And did you guys have a relationship at
12 that point?
13 A. No
@ 14 Q. Okay. And when did you have a
15 relationship with Iris?
16 A. I was thinking it was the second night she
17 came into my bedroom on the other side of the house.
18 Q. You had relations then and that's when the
193 relationship started?
20 A. Correct.
21 Q. Did you guys continuously have relations
22 and cohabitate until you broke up?
23 A. Yes.
24 Q. And when did you break up?
25 A. September of -- end of August of '15.
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e@ 1 Q. Are you sure it's '15, not '16?
2 A. No, I'm not.
3 Q. Because we're in '18 now.
4 A. It's been two years, so it could have
5 been -- it's been two and a half years, I think,
6 since we broke up.
7 Q. And where were you living at the time you
8 guys broke up?
9 A. 808 East First Street.
0 Q. How long had you guys been living there?
11 A. No one's ever lived there. It was a work
12 in progress. It was ~- 808 East First Street --
13 Q. Yeah.
@ 14 A. -- was a -- was a house that was being
15 repaired, was being remodified.
16 Q. I just asked you where were you guys
17 living when you --
18 A. We lived -- oh, I'm sorry. Excuse me. We
19 lived at 616 Pinto Trail.
20 Q. When you guys broke up?
21 A. When we broke up.
22 Q. And how long had you guys lived at Pinto
23 Trail prior to that point in time?
24 A. Eleven or 12 years.
25 Q. How would you describe the relationship
ROBERTS REPORTING, INC.
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e@ 1 Q. Are you sure it's '15, not '16?
2 A. No, I'm not.
3 Q. Because we're in '18 now.
4 A. It's been two years, so it could have
5 been -- it's been two and a half years, I think,
6 since we broke up.
7 Q. And where were you living at the time you
8 guys broke up?
9 A. 808 East First Street.
10 Q. How long had you guys been living there?
11 A. No one's ever lived there. It was a work
12 in progress. It was ~- 808 East First Street --
13 Q. Yeah.
@ 14 A. ~~ was a -~- was a house that was being
15 repaired, was being remodified.
16 Q. I just asked you where were you guys
17 living when you --
18 A. We lived -- oh, I'm sorry. Excuse me. We
19 lived at 616 Pinto Trail.
20 Q. When you guys broke up?
21 A. When we broke up.
22 Q. And how long had you guys lived at Pinto
23 Trail prior to that point in time?
24 A. Eleven or 12 years.
25 Q. How would you describe the relationship
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Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
you had with Iris while you guys were cohabitating
and living together?
A. For the most part it was okay. In the
beginning.
Q. Well, were you guys an item? I mean --
A. Yeah, we were boyfriend and girlfriend.
We lived together. We thought we were going to spend
the rest of our lives together.
Q. That was your understanding and her
understanding?
A. Correct.
Q. So you guys shared Christmas together?
A. Of course.
Q. Birthdays, anniversaries, that sort of
thing? I just want to get a full understanding of
what your understanding was.
A. Yes.
Q. When did you realize that, you know, this
understanding of you guys spending the rest of your
lives together was not going to happen?
A. We talked about going to counseling prior
to breaking up, so if there was thoughts before that,
I would say several years. Couple years. Two or
three years.
Q. And did you guys have a joint bank account
20
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e@ 1 you had with Iris while you guys were cohabitating
2 and living together?
3 A. For the most part it was okay. In the
4| beginning.
5 Q. Well, were you guys an item? I mean --
A. Yeah, we were boyfriend and girlfriend.
6
7 We lived together. We thought we were going to spend
8
the rest of our lives together.
9 Q. That was your understanding and her
10 understanding?
li A. Correct.
12 Q. So you guys shared Christmas together?
13 A. Of course.
@ 14 Q. Birthdays, anniversaries, that sort of
15 thing? I just want to get a full understanding of
16 what your understanding was.
17 A. Yes.
18 Q. When did you realize that, you know, this
19 understanding of you guys spending the rest of your
20 lives together was not going to happen?
21 A. We talked about going to counseling prior
22 to breaking up, so if there was thoughts before that,
23 I would say several years. Couple years. Two or
24 three years.
25 Q. And did you guys have a joint bank account
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e@ 1 while you guys were living together?
2 A. We had several bank accounts. We had one,
3 I think, that was joint, and we had several that were
4 separate.
5 Q. Where was your joint bank account located?
6 A. FCB.
7 Q. Florida Community Bank?
8 A. I believe so.
9 Q. Is that the only location you guys have
10 had a joint bank account?
il A. Correct.
12 Q. While you guys were living together did
13 you have a separate account?
@ 14 A. Separate checking account?
15 Q Separate bank account.
16 A. Yes.
17 Q And where was that?
18 A SunTrust.
19 MR. WILLIAMS: I think that's Iris. Let's
20 take a couple-minute break.
21 (Off-the-record discussion, after which
22 the following proceedings were had.)
23 Q. (BY MR. WILLIAMS) So while you and Iris
24 were living together you had a SunTrust Bank account?
25 A. It was my bank account. Not hers.
ROBERTS REPORTING, INC.
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a
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while you guys were living together?
A. We had several bank accounts. We had one,
I think, that was joint, and we had several that were
separate.
Q. Where was your joint bank account located?
A. FCB.
Q. Florida Community Bank?
A. I believe so.
Q. Is that the only location you guys have
had a joint bank account?
A. Correct.
Q. While you guys were living together did
you have a separate account?
A. Separate checking account?
Q. Separate bank account.
A. Yes.
Q. And where was that?
A. SunTrust.
MR. WILLIAMS: I think that's Iris. Let's
take a couple-minute break.
(Off-the-record discussion, after which
the following proceedings were had.)
Q. (BY MR. WILLIAMS) So while you and Iris
were living together you had a SunTrust Bank account?
A. It was my bank account. Not hers.
21
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e@ 1 Q. Okay. Did you have any other accounts at
2 any other financial institutions?
3 A. No. Just SunTrust.
4 Q. And how many accounts did you have at
5 SunTrust?
: 6 A. One personal account.
7 Q. During the time you and her lived together
8 did you have any IRA's -~-
9 A. No.
10 Q. -- or brokerage accounts?
\ ll A No.
| 12 Q Did you have any investments whatsoever --
13 A No.
@ 14 Q -- while you guys were living together?
15 A. Financial investments?
; 16 Q. Yes.
| 17 A. No.
l 18 Q Did she have a separate account, do you
19 know?
20 A. Yes.
21 Q. Where was that at?
22 A. Busey. Busey Bank. Busey, B-U-S-E-Y.
23 They closed down.
24 Q. Did they become another bank of some sort?
25 A. I don't think so. I think they're just on
@
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| @ 1 Q. Okay. Did you have any other accounts at
2 any other financial institutions?
3 A. No. Just SunTrust.
4 Q. And how many accounts did you have at
5 SunTrust?
6 A. One personal account.
, 7 Q. During the time you and her lived together
| 8 did you have any IRA's --
| 9 A. No.
i
10 Q. -- or brokerage accounts?
i il A. No.
| 12 Q. Did you have any investments whatsoever --
13 A. No.
@ 14 Q. -- while you guys were living together?
15 A. Financial investments?
: 16 Q. Yes.
17 A. No.
| 18 Q. Did she have a separate account, do you
19 know?
20 A. Yes.
21 Q. Where was that at?
22 A. Busey. Busey Bank. Busey, B-U-S-E-Y.
23 They closed down.
24 Q. Did they become another bank of some sort?
25 A. I don't think so. I think they're just on
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@ 1 the east coast. I don't think they're on the west
2 coast.
3 Q. While you and Iris were living together
4 your work was in the computer business?
5 A. Correct.
6 Q. And did you engage in any other business
7 while you guys were living together?
8 A. No.
9 Q. And in 2006 the Bayshore house went into
10 foreclosure, correct?
11 A. I'm not sure. No. 2006?
12 Q. Yeah. I'll show you what I'll mark as
13 Exhibit 1, ask you do you recognize that?
@ 14 A. No, I don't. I've never heard of Wells
15 Fargo. I never had an account with Wells Fargo, but
16 I see it's as trustee for Ace Securities Corporation.
17 No.
18 Q. That's not your name, Robert -~
19 A. Yeah, it is my name. You asked me if I
20 ever seen it before. I'm telling you no.
21 Q. This doesn't -- looking at Exhibit 1
22 doesn't jog your memory --
23 A. No.
24 Q. -- that the foreclosure occurred?
25 A. No.
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the east coast. I don't think they're on the west
ray
coast.
won
Q. While you and Iris were living together
4 your work was in the computer business?
5 A. Correct.
6 Q. And did you engage in any other business
7 while you guys were living together?
8 A. No.
9 Q. And in 2006 the Bayshore house went into
10 foreclosure, correct?
11 A. I'm not sure. No. 2006?
12 Q. Yeah. I'll show you what I'll mark as
13 Exhibit 1, ask you do you recognize that?
@ 14 A. No, I don't. I've never heard of Wells
15 Fargo. I never had an account with Wells Fargo, but
16 I see it's as trustee for Ace Securities Corporation.
17 No.
18 Q. That's not your name, Robert -~
19 A. Yeah, it is my name. You asked me if I
20 ever seen it before. I'm telling you no.
21 Q. This doesn't -~ looking at Exhibit 1
22 doesn't jog your memory --
23 A. No.
24 Q. -- that the foreclosure occurred?
25 A. No.
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@ 1 Q. Were you served with this paperwork?
2 A. I don't remember ever receiving this
3 paperwork, no.
4 Q. You don't recall --
5 A. No.
6 Q. -- this 2006 lawsuit whatsoever?
7 A. No, I do not.
8 Q. I show you what I'll mark as Exhibit 2,
9 and I don't have copies of it.
10 MR. CLARK: That's okay.
11 Q. (BY MR. WILLIAMS) That's the Complaint
12 filed in 2006-CA-8194. Did you ever receive a copy
13 of that Complaint?
@ 14 A. I don't remember.
15 Q. The mortgage attached to that Complaint,
16 is that your signature on the mortgage?
17 A. On this piece of paper?
18 Q. On that Composite Exhibit Number 2, which
19 is a Complaint filed in the 2006 case, 8194.
20 A. Yes.
21 Q. Were you behind on your mortgage payments
22 in the Bayshore house at the time that Complaint was
23 filed?
24 A. I don't remember.
25 Q. Were you having financial problems at the
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@ 1 Q. Were you served with this paperwork?
2 A. I don't remember ever receiving this
3 paperwork, no.
4 Q. You don't recall --
5 A. No.
6 Q. -- this 2006 lawsuit whatsoever?
7 A. No, I do not.
8 Q. I show you what I'll mark as Exhibit 2,
9 and I don't have copies of it.
10 MR. CLARK: That's okay.
11 Q. (BY MR. WILLIAMS) That's the Complaint
12 filed in 2006-CA-8194. Did you ever receive a copy
13 of that Complaint?
@ 14 A. I don't remember.
15 Q. The mortgage attached to that Complaint,
16 is that your signature on the mortgage?
17 A. On this piece of paper?
18 Q. On that Composite Exhibit Number 2, which
19 is a Complaint filed in the 2006 case, 8194.
20 A. Yes.
21 Q. Were you behind on your mortgage payments
22 in the Bayshore house at the time that Complaint was
23 filed?
24 A. I don't remember.
25 Q. Were you having financial problems at the
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11
12
13
@ 14
15
16
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time the 2006 Exhibit 2 was filed and served on you?
A. I don't remember.
Q. I'll show you what I've marked as Exhibit
3. This Exhibit 3 is a Notice of -- a Notice of
Cancellation of Hearing scheduled for October 27,
2006. It indicates that the Motion for Summary
Judgment hearing was canceled because Robert O'Toole
had entered into a forbearance plan. Do you recall
entering into a forbearance plan?
A. I do not recall. I really don't.
Q. Do you have -- I don't mean to be personal
and intrusive. Do you have memory problems?
A. I don't believe so.
Q. Did you -- was this the first time you had
ever been served with a foreclosure lawsuit?
(Whereupon, there was a brief
interruption, after which Iris Beaugrand and
Heidrun Riednar entered the deposition room.)
THE DEPONENT: No.
Q. (BY MR. WILLIAMS) When had you previously
been served with a foreclosure lawsuit?
A. I think it was -- I don't recall if it was
back in 1999, I think, or 2000.
Q. Where was that at?
A. At Bayshore. It could have been this one.
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time the 2006 Exhibit 2 was filed and served on you?
A. I don't remember.
Q. I'll show you what I've marked as Exhibit
3. This Exhibit 3 is a Notice of -- a Notice of
Cancellation of Hearing scheduled for October 27,
2006. It indicates that the Motion for Summary
Judgment hearing was canceled because Robert O'Toole
had entered into a forbearance plan. Do you recall
entering into a forbearance plan?
A. I do not recall. I really don't.
Q. Do you have -~- I don't mean to be personal
and intrusive. Do you have memory problems?
A. I don't believe so.
Q. Did you -- was this the first time you had
ever been served with a foreclosure lawsuit?
(Whereupon, there was a brief
interruption, after which Iris Beaugrand and
Heidrun Riednar entered the deposition room.)
THE DEPONENT: No.
Q. (BY MR. WILLIAMS) When had you previously
been served with a foreclosure lawsuit?
A. I think it was -- I don't recall if it was
back in 1999, I think, or 2000.
Q. Where was that at?
A. At Bayshore. It could have been this one.
25
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eo 1 I'm not sure. I know there was one.
2 Q. Prior to this 2006 --
3 A. No.
4 Q. -- foreclosure lawsuit?
5 A. No.
6 Q. Oh, it was after this?
7 A. No, no. I believe this one -- I believe
8 this is to be it. It wasn't anything after that. I
9 missed -- I misunderstood what you said.
10 Q. Prior to this 2006 foreclosure lawsuit
11 identified in Exhibits 1, 2 and 3 had you previously
12 been served a foreclosure lawsuit in your lifetime?
13 A. Yes, I do (sic). I think it was 2000 on
@ 14 Bayshore.
15 Q. Were there any other instances besides the
16 year 2000 Bayshore?
17 A. No.
18 Q. Now, going back to Exhibit 3, it indicates
19 that you were -- you entered into a forbearance plan
20 which caused the cancellation of the summary judgment
21 hearing. Do you recall entering into a forbearance
22 plan with your lender at Bayshore?
23 A. I do not.
24 Q. Do you recall submitting any documents
25 to your lender which would enable you to enter into a
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I'm not sure. I know there was one.
Q. Prior to this 2006 --
A. No.
Q. -- foreclosure lawsuit?
A. No.
Q. Oh, it was after this?
A. No, no. I believe this one -- I believe
this is to be it. It was
Preview
Filing # 90126818 E-Filed 05/25/2019 09:47:14 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION IRIS BEAUGRAND, individually and as POA for Heidrun Riedner, Plaintiff, v. CASE NO: 2017 CA 181 ROBERT O’TOOLE, Defendant. Exhibit Transcript of Sarasota Proceeding Evidence Exhibits Plaintiff 10 (pages 1 through 75) 1j/PageFiling # 90126818 E-Filed 05/25/2019 09:47:14 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION IRIS BEAUGRAND, individually and as POA for Heidrun Riedner, Plaintiff, v. CASE NO: 2017 CA 181 ROBERT O’TOOLE, Defendant. Exhibit Transcript of Sarasota Proceeding Evidence Exhibits Plaintiff 10 (pages 1 through 75) 1|/Pager ) IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR SARASOTA COUNTY CASE NO. 2016 CA 006351 NC IRIS BEAUGRAND, Plaintiff/Counter-Defendant, vs. ROBERT O'TOOLE, Defendant/Counter-Plaintiff. DEPOSITION OF ROBERT O'TOOLE TAKEN BY: PLAINTIFF/COUNTER-DEFENDANT HEREIN BEFORE: AMY E. ROBERTS, RPR, RMR Notary Public State of Florida at Large DATE: January 17, 2018 TIME: 10:13 a.m. - 12:22 p.m. PLACE: Roberts Reporting, Inc. 871 Venetia Bay Boulevard Suite 220 Venice, Florida ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe@ IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR SARASOTA COUNTY CASE NO. 2016 CA 006351 NC IRIS BEAUGRAND, Plaintiff/Counter-Defendant, vs. ROBERT O'TOOLE, Defendant/Counter-Plaintiff. DEPOSITION OF ROBERT O'TOOLE TAKEN BY: PLAINTIFF/COUNTER-DEFENDANT HEREIN BEFORE: AMY E. ROBERTS, RPR, RMR Notary Public State of Florida at Large DATE: January 17, 2018 TIME: 10:13 a.m. - 12:22 p.m. PLACE: Roberts Reporting, Inc. 871 Venetia Bay Boulevard Suite 220 Venice, Florida ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL2 e 1 APPEARANCES 2 STEELE T. WILLIAMS, Esquire Steele T. Williams, P.A. 3 1381 McAnsh Square Sarasota, Florida 34236 4 941-378-1800 SteeleTWilliams@comcast.net 5 Appearing on Behalf of Plaintiff/Counter-Defendant 6 BRET CLARK, Esquire 7 Bret Shawn Clark, P.A. P.O. Box 1133 8 Englewood, Florida 34295 941-404-4704 9 BretClark@WebNewLawyer.com Appearing on Behalf of 10 Defendant/Counter-Plaintiff 11 ALSO PRESENT: Iris Beaugrand Heidrun Riednar 12 (Beginning Page 25) @® : 14 15 16 17 18 19 20 21 22 23 24 25 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe 1 APPEARANCES 2 STEELE T. WILLIAMS, Esquire Steele T. Williams, P.A. 3 1381 McAnsh Square Sarasota, Florida 34236 4 941-378-1800 SteeleTWilliams@comcast .net 5 Appearing on Behalf of Plaintiff/Counter-Defendant 6 BRET CLARK, Esquire 7 Bret Shawn Clark, P.A. P.O. Box 1133 8 Englewood, Florida 34295 941-404-4704 9 BretClark@WebNewLawyer.com Appearing on Behalf of 10 Defendant/Counter-Plaintiff 11 ALSO PRESENT: Iris Beaugrand Heidrun Riednar 12 (Beginning Page 25) @® : 14 15 16 17 18 19 20 21 22 23 24 25 Filed 03/01/2018 03 ROBERTS REPORTING, INC. 941-485-7267 | - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL3 @ 1 Deposition of: ROBERT O'TOOLE 2 3 INDEX 4 Examination Page 5 Direct, by Mr. Williams 5 Cross, by Mr. Clark 83 6 Redirect, by Mr. Williams 87 7 8 Certificate of Oath 89 Deposition Certificate 90 9 Reading & Signing Instructions 91 Errata Sheet 93 10 11 12 13 EXHIBITS @ 14 Number Description Marked is Plaintiff's 1 Lis Pendens Dated 23 09/01/06 16 Plaintiff's 2 Complaint Filed for 24 17 Record 09/05/06 18 Plaintiff's 3 Notice of Cancellation 25 of Hearing Scheduled 19 for 10/27/06 20 Plaintiff's 4 Complaint Filed for 31 Record 10/16/07 21 Plaintiff's 5 Letter from Attorney 57 22 Williams Dated 11/17/16 23 Plaintiff's 6 Contract to Lease 69 3502 North Access Road 24 Suite 5, Englewood, FL 25 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL3 @ 1 Deposition of: ROBERT O'TOOLE 2 3 INDEX 4 Examination Page 5 Direct, by Mr. Williams 5 Cross, by Mr. Clark 83 6 Redirect, by Mr. Williams 87 8 Certificate of Oath 89 Deposition Certificate 90 9 Reading & Signing Instructions 91 Errata Sheet 93 10 11 12 13 EXHIBITS @ 14 Number Description Marked 15 Plaintiff's 1 Lis Pendens Dated 23 09/01/06 16 Plaintiff's 2 Complaint Filed for 24 17 Record 09/05/06 18 Plaintiff's 3 Notice of Cancellation 25 of Hearing Scheduled 19 for 10/27/06 20 Plaintiff's 4 Complaint Filed for 31 Record 10/16/07 21 Plaintiff's 5 Letter from Attorney 57 22 Williams Dated 11/17/16 23 Plaintiff's 6 Contract to Lease 69 3502 North Access Road 24 Suite 5, Englewood, FL 25 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1 EXHIBITS CONTINUED Number Description Marked »® WN Plaintiff's 7 Letter from Attorney 73 Williams Dated 03/03/17 Plaintiff's 8 Letter from Attorney 75 6 Clark Dated 03/21/17 7 Plaintiff's 9 Handwritten Document 75 Dated 12/07/15 Plaintiff's 10 Photographs of Wire 77 9 Transfers 10 11 12 e 13 14 15 16 17 18 19 20 21 22 23 24 25 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL©@ 1 EXHIBITS CONTINUED Number Description Marked » WN Plaintiff's 7 Letter from Attorney 73 Williams Dated 03/03/17 Plaintiff's 8 Letter from Attorney 75 6 Clark Dated 03/21/17 7 Plaintiff's 9 Handwritten Document 75 Dated 12/07/15 Plaintiff's 10 Photographs of Wire 77 9 Transfers 10 11 12 @ 13 14 15 16 17 18 19 20 21 22 23 24 25 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1| THEREUPON, 2 ROBERT O'TOOLE 3 was adduced as the deponent herein and having been 4 first duly sworn on oath was questioned and stated as 5 follows: 6 THE DEPONENT: TI do. 7 DIRECT EXAMINATION 8 BY MR. WILLIAMS: 9 Q. Mr. O'Toole, what's your date of birth? 10 A. 4/17/1959. 11 Q. And what's the last four digits of your 12 Social? ol oo eo. . = 1s A. That's correct. 16 Q. Can you tell me where you have lived since 17 2005? 18 A. 616 Pinto Trail in Englewood. 19 Q. How long did you live there? 20 A. Until I think it was September of 2015. 21 Q. So you lived there from 2005 to September 22 of '15? 23 A. I believe so. 24 Q. Where did you live prior to -- 25 A. 1855 Bayshore Drive. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1| THEREUPON, 2 ROBERT O'TOOLE 3 was adduced as the deponent herein and having been 4 first duly sworn on oath was questioned and stated as 5 follows: 6 THE DEPONENT: I do. 7 DIRECT EXAMINATION 8 BY MR. WILLIAMS: 9 Q. Mr. O'Toole, what's your date of birth? 10 A. 4/17/1959. 11 Q. And what's the last four digits of your 12 Social? 13 a. ef 15 A. That's correct. 16 Q. Can you tell me where you have lived since 17 2005? 18 A. 616 Pinto Trail in Englewood. 19 Q. How long did you live there? 20 A. Until I think it was September of 2015. 21 Q. So you lived there from 2005 to September 22 of '15? 23 A. I believe so. 24 Q. Where did you live prior to -- 25 A. 1855 Bayshore Drive. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL| e@ 1 Q. So you lived in 1855 Bayshore prior to 2 2005? 3 A. Correct. 4 Q. Where did you live after September of 5 2015? 6 A. 808 East First Street, Englewood. 7 Q. Is that where you live today? 8 A. Correct. 9 Q. Have you lived any other places other than 10 those three addresses -- li A. No. 12 Q. -- in the last 15 years? | 13 A. No. @ 14 Q. Have you ever been married? 15 A Yes. 16 Q When were you married? 17 A. "86 to '98. 18 Q. Who were you married to? 19 A ‘97. Susan O'Toole. 20 Q. Where did you live during that marriage? 21 A. Virginia. 22 Q. What part? 23 A. Northern. 24 Q. What city? 25 A. Alexandria. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL| @ 1 Q. So you lived in 1855 Bayshore prior to | 2} 2005? 3 A. Correct. 4 Q. Where did you live after September of 5 2015? 6 A. 808 East First Street, Englewood. 7 Q. Is that where you live today? 8 A. Correct. 9 Q. Have you lived any other places other than 10 those three addresses -- 11 A. No. ! 12 Q. -- in the last 15 years? e 13 A. No. 14 Q. Have you ever been married? 15 A. Yes. 16 Q. When were you married? 17 A. "86 to '98. 18 Q. Who were you married to? 19 A. ‘97, Susan O'Toole. 20 Q. Where did you live during that marriage? 21 A. Virginia. 22 Q. What part? 23 A. Northern. 24 Q. What city? 25 A. Alexandria. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1 Q. What was your address in Alexandria? 2 A. 8174 Fern Lake Court. 3 Q. Do you have any kids of that marriage? 4 A. I do. 5 Q. What are their names? 6 A. Katherine, Kimberly and Nicole. 7 Q. Is that the only time you've been married? 8 A. Correct. 9 Q. Were the three kids born during the 10 marriage? 11 A. They were. 12 Q. Did either of your kids ever live with you 13 here in Florida? @ 14 A. Yes. 15 Q. When was that? 16 A. They lived with me full-time until they 17 went to college. 18 Q. When did they go to college? 19 A. Oh, gosh. The oldest one graduated in 20 June of 2009. Kimberly graduated -- no, I take that 21 back. My dates are mixed up. '97? '98? 2000? 22 Repeat the question, please. 23 Q. When did they go to college? How old are 24 they? What are their date of births? 25 A. 30, 28 and 25. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court. Sarasota County, FL@ 1 Q. What was your address in Alexandria? 2 A. 8174 Fern Lake Court. 3 Do you have any kids of that marriage? 4 A. I do. 5 Q. What are their names? 6 A. Katherine, Kimberly and Nicole. 7 Q. Is that the only time you've been married? 8 A. Correct. 9 Q. Were the three kids born during the 10 marriage? il A. They were. 12 Q. Did either of your kids ever live with you 13 here in Florida? @ 14 A. Yes. 15 Q. When was that? 16 A. They lived with me full-time until they 17 went to college. 18 Q. When did they go to college? 19 A. Oh, gosh. The oldest one graduated in 20 June of 2009. Kimberly graduated -- no, I take that 21 back. My dates are mixed up. '97? '98? 2000? 22 Repeat the question, please. 23 Q. When did they go to college? How old are 24 they? What are their date of births? 25 A. 30, 28 and 25. ROBERTS REPORTING, INC. 941-485-7267 “Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe@ 1 Q. 30, 28 and 25? So Katherine graduated 2 from college in June of '09, or went to college in 3 June of '09? 4 A. '87, '97, ‘07, '05. I think she lived 5 with me until '04. I think she went with her mother 6 when she was 17, though. That's right. 7 Q. That's Katherine. What about the other 8 two daughters? 9 A. The question was when did they live with 10 me or -- 11 Q. Yep. 12 A. Until 2000 -- until 2005. 2004, 2005. 13 I'm not sure of the date. Way before I met Iris they @ 14 left. 15 Q. Okay. Okay. So your three girls were no 16 longer living with you when you were living with 17 Iris? 18 A. Correct. 19 Q. When did you move to Florida? 20 A. "96, 21 Q. Did you move to Florida with your former 22 wife? 23 » Former wife and three children, correct. 24 Q. Have you ever been married other than to 25 Susan O'Toole? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL@ 1 Q. 30, 28 and 25? So Katherine graduated 2 from college in June of '09, or went to college in 3 dune of '09? 4 A. "87, '97, ‘07, '05. I think she lived 5 with me until '04. I think she went with her mother 6 when she was 17, though. That's right. 7 Q. That's Katherine. What about the other 8 two daughters? 9 A. The question was when did they live with 10 me or -- 11 Q. Yep. 12 A. Until 2000 -- until 2005. 2004, 2005. 13 I'm not sure of the date. Way before I met Iris they @ 14 left. 15 Q. Okay. Okay. So your three girls were no 16 longer living with you when you were living with 17 Tris? 18 A. Correct. 19 Q. When did you move to Florida? 20 A. "96. 21 Q. Did you move to Florida with your former 22 wife? 23 A. Former wife and three children, correct. 24 Q. Have you ever been married other than to 25 Susan O'Toole? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe@ 1 A. You asked me that question before. No. 2 The tea is good. 3 Q. What's your educational background? 4 A. I went to Seton Hall Prep, Seton Hall 5 University and Georgetown University, and I also went to Northern Virginia Community College to get my real estate license and my real estate broker's license. 8 Q. When did you graduate from Seton Hall 9 Prep? 10 A. 1997. 11 Q. Is that college or is that a high school? 12 A. High school prep. Prep school. @ 13 Q. And then after graduation from Seton Hall 14 Prep you went to Seton Hall University? 15 A. I took college courses there. I went to 16 school at George Washington University College. 17 Q. George Washington University? 18 A. University in Washington, D.C. 19 Q. GW? 20 A. Correct. 21 Q. Did you graduate with a degree from GW? 22 A. I did not. 23 Q. When did you take courses at GW? 24 A. Through 1980. '77, '80 or '81. I was 30 25 credits short. I ran out of money. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe 1 A. You asked me that question before. No. 2 The tea is good. 3 Q. What's your educational background? 4 A. I went to Seton Hall Prep, Seton Hall 5 University and Georgetown University, and I also went 6 to Northern Virginia Community College to get my real 7 estate license and my real estate broker's license. 8 Q. When did you graduate from Seton Hall 9 Prep? 10 A. 1997. 11 Q. Is that college or is that a high school? 12 A. High school prep. Prep school. e 13 Q. And then after graduation from Seton Hall 14 Prep you went to Seton Hall University? 15 A. I took college courses there. I went to 16 school at George Washington University College. 17 Q. George Washington University? 18 A. University in Washington, D.C. 19 Q. GW? 20 A. Correct. 21 Q. Did you graduate with a degree from GW? 22 A. I did not. 23 Q. When did you take courses at GW? 24 A. Through 1980. '77, '80 or '81. I was 30 25 credits short. I ran out of money. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10 @ 1 Q. I may have had my dates wrong or wrote 2 something incorrectly. I thought Seton Hall Prep 3 you graduated in -- 4 A. 1997. 1977. Excuse me. Sorry. It was a 5 couple years ago. I feel young. 6 MR. CLARK: That's 20 years off. That's 7 not too bad. 8 Q. (BY MR. WILLIAMS) You were 20 years off 9 on your date of high school? Okay. I was just -- 10 you said -- 11 A. I apologize. 12 Q. ~- 1997 and I wanted to know -- 13 A. Excuse me. 1977. @ 14 MR. CLARK: He thinks of himself as 15 younger than he really is. 16 THE DEPONENT: I do. 17 MR. CLARK: As some of us do. It will 18 happen to you at some point. 19 Q. (BY MR. WILLIAMS) When did you ~-- you 20 stopped taking courses at GW, George Washington, in 21 1980 sometime? 22 A. Correct. 23 Q. And what were you studying at GW? 24 A. Political science. 25 Q. Then you mentioned thereafter you went to ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10 @ 1 Q. I may have had my dates wrong or wrote 2 something incorrectly. I thought Seton Hall Prep 3 you graduated in -- 4 A. 1997. 1977. Excuse me. Sorry. It was a 5 couple years ago. I feel young. 6 MR. CLARK: That's 20 years off. That's 7 not too bad. 8 Q. (BY MR. WILLIAMS) You were 20 years off 9 on your date of high school? Okay. I was just -- 10 you said -- 11 A. I apologize. 12 Q. -- 1997 and I wanted to know -- 13 A. Excuse me. 1977. @ 14 MR. CLARK: He thinks of himself as 15 younger than he really is. 16 THE DEPONENT: I do. 17 MR. CLARK: As some of us do. It will 18 happen to you at some point. 19 Q. (BY MR. WILLIAMS) When did you -- you 20 stopped taking courses at GW, George Washington, in 21 1980 sometime? 22 A. Correct. 23 Q. And what were you studying at GW? 24 A. Political science. 25 Q. Then you mentioned thereafter you went to ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen £. Rushing, Clerk of the Circuit Court. Sarasota County, FLDB wi oN an uw 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 A. I took -- Northern Virginia Community College. I took some courses. Q. And that was after GW? A. Correct. Q. And what was the purpose of taking courses at Northern Virginia Community College? A. Because it was close to where I worked and I enjoyed some of the courses. Q. You mentioned earlier that you were studying for real estate? A. I studied real estate courses. Q. Did you ever get your real estate license? A. I did. Q. Where did you get your real estate license? A. In northern Virginia. In Virginia. Q. When was that? A. 1981-'82. Q. Did you maintain your real estate license after that? A. No. I just took the courses, took the classes. Q. But you did, in fact, get a Virginia real estate license? 11 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL.11 @ 1 a-- 2 A. I took -- Northern Virginia Community 3 College. I took some courses. 4 Q. And that was after GW? 5 A. Correct. 6 Q. And what was the purpose of taking courses 7 at Northern Virginia Community College? 8 A. Because it was close to where I worked and 9 I enjoyed some of the courses. 10 Q. You mentioned earlier that you were 11 studying for real estate? 12 A. I studied real estate courses. 13 Q. Did you ever get your real estate license? @ 14 A. I did. 15 Q. Where did you get your real estate 16 license? 17 A. In northern Virginia. In Virginia. 18 Q. When was that? 19 A. 1981-'82. 20 Q. Did you maintain your real estate license 21 after that? 22 A. No. I just took the courses, took the 23 classes. 24 Q. But you did, in fact, get a Virginia real 25 estate license? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL12 @ 1 A. Yeah. 2 Q. Thereafter did you ever get a real estate 3 license anywhere else? 4 A. No. 5 Q. Did you ever take real estate courses 6 in -- 7 A. No. 8 Q. -- Florida of any nature? 9 A. No. 10 Q. Any other education that we haven't talked 11 about? 12 A. No. 13 Q. Besides the Virginia real estate license @ 14 have you had any professional licenses? 15 A. No. 16 Q. What's your work experience from after 17 Seton Hall Prep in 1977? What have you been doing? 18 A. I washed dishes. 19 Q. Okay. 20 A. I was a waiter. 2i Q. What have you been doing in addition to 22 that for work? 23 A. What, do you want me to go back to 1977? 24 Q. Well, from 1980 on what's your work 25 experience? Do you have a trade or profession? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL12 @ 1 A. Yeah. 2 Q. Thereafter did you ever get a real estate 3 license anywhere else? 4 A. No. 5 Q. Did you ever take real estate courses 6 in -- 7 A. No. 8 Q. -- Florida of any nature? 9 A. No. 10 Q. Any other education that we haven't talked 11 about? 12 A. No. 13 Q. Besides the Virginia real estate license @ 14 have you had any professional licenses? 15 A. No. 16 Q. What's your work experience from after 17 Seton Hall Prep in 1977? What have you been doing? 18 A. I washed dishes. 19 Q. Okay. 20 A. I was a waiter. 2i Q. What have you been doing in addition to 22 that for work? 23 A. What, do you want me to go back to 1977? 24 Q. Well, from 1980 on what's your work 25 experience? Do you have a trade or profession? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL13 @ 1 A. I'm in the computer business. 2 Q. Have you always been in the computer 3 business since 1980? 4 A. No. 5 Q. When did you get into the computer 6 business? 7 A. Late '80s, early '90s. 8 Q. Have you done anything else for work other 9 than the computer business since the late '80s? 10 A. Yeah. I own a FAX business. 11 Q. You own a what? 12 A. I own a FAX business. 13 Q. What's a FAX business? @ 14 A. We sell FAX machines to law firms. 15 Q. When did you do that? 16 A. Mid '80s. 17 Q. Where did you do that? 18 A. Old Town Alexandria. 19 Q. What else have you done? 20 A. Currently or since 1977? 21 Q. Since 1980. 22 A. 1980? 23 Q. I'm trying to expedite, but you said 24 you've been in the computer business. Can you tell 25 me what that means to you? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL13 @ 1 A. I'm in the computer business. 2 Q. Have you always been in the computer 3] business since 1980? 4 A. No. 5 Q. When did you get into the computer 6 business? 7 A. Late '80s, early '90s. 8 Q. Have you done anything else for work other 9 than the computer business since the late '80s? 10 A. Yeah. I own a FAX business. 11 Q. You own a what? 12 A I own a FAX business. 13 Q. What's a FAX business? @ 14 A We sell FAX machines to law firms. 15 Q. When did you do that? 16 A. Mid '80s. 17 Q. Where did you do that? 18 A. Old Town Alexandria. 19 Q. What else have you done? 20 A. Currently or since 1977? 21 Q. Since 1980. 22 A. 1980? 23 Q. I'm trying to expedite, but you said 24 you've been in the computer business. Can you tell 25 me what that means to you? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court. Sarasota County, FL14 @ 1 A. I fix computers and networks. | 2 Q. Do you sell computers? 3 A. Rarely. 4 Q. Have you worked for other people or have 5 you always been -- have you been on your own? 6 A. I've been on my own. 7 Q. Other than the computer business and the 8 FAX business have you engaged in any other businesses 9 since the late 1980s? 10 A. No. 11 Q. Just so we're clear on education, do you 12 have any degrees -- 13 A. No. @ 14 Q. -- from any colleges? 15 A. No. 16 Q. When did you start dating Iris? 17 A. I don't think we ever dated. 18 Q. Okay. When did you start living together? 19 A. She called me up one day and wanted to 20 borrow my track -~ my truck and my trailer to move 21 from one house to another, and that was, I'm 22 thinking, 2004. I don't remember when it was. It 23 might have been 2005. I think it was 2004. 24 Q. If you never started dating how did you 25 first meet Iris? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLe@ 1 A. I fix computers and networks. 2 Q. Do you sell computers? 3 A Rarely. 4 Q. Have you worked for other people or have 5 you always been -- have you been on your own? 6 A. I've been on my own. 7 Q. Other than the computer business and the 8 FAX business have you engaged in any other businesses 9 since the late 1980s? 10 A. 11 Q. 12 have any degrees -- 13 A. No. @ 14 Q. -- from any colleges? 15 A No. 16 Q When did you start dating Iris? 17 A. TI don't think we ever dated. 18 Q Okay. When did you start living together? 19 A. She called me up one day and wanted to 20 borrow my track -- my truck and my trailer to move 21 from one house to another, and that was, I'm 22 thinking, 2004. I don't remember when it was. It 23 might have been 2005. I think it was 2004. 24 Q. 25 first meet Iris? 14 No. Just so we're clear on education, do you If you never started dating how did you ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 P - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10 11 12 13 @ 14 15 16 17 18 19 20 21 22 23 24 25 A. I was telling you. She called me up one day and she was a -- I'm going to be mean. I don't want to be mean. Oh, we met on Match. Q. Match.com? A. Correct. However, we didn't date. We just became -- I don't want to use the word friends, but we just -- we went on a date or two and that was it. She ended up dating a physician, so I didn't talk to her for months and months at a time. And then one day she called me up and asked me -- we weren't dating at the time -- if I could help her, move her from one house to another. I told her my back was sore. I don't move people in general, but I felt sorry for her because she was pleading for me to help. She had to move out by the weekend. I think it was Thursday or Friday. And I said, "I'll get some friends of mine and you will pay them and they will move you." Q. Do you know when that was? A. No. I don't remember. It was hot. It was during the summer. I'm thinking it was July. Q. That's about 10 months of the year, so -- A. Well, it was really hot. Q. I mean -- A. Excuse me. I'm sorry. I'm trying to be 15 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLwon 10 11 12 13 ® 14 15 16 17 18 19 20 21 22 23 24 25 A. I was telling you. She called me up one day and she was a -- I'm going to be mean. I don't want to be mean. Oh, we met on Match. Q. Match.com? A. Correct. However, we didn't date. We just became -- I don't want to use the word friends, but we just -- we went on a date or two and that was it. She ended up dating a physician, so I didn't talk to her for months and months at a time. And then one day she called me up and asked me -- we weren't dating at the time -- if I could help her, move her from one house to another. I told her my back was sore. I don't move people in general, but I felt sorry for her because she was pleading for me to help. She had to move out by the weekend. I think it was Thursday or Friday. And I said, "I'll get some friends of mine and you will pay them and they will move you." Q. Do you know when that was? A. No. I don't remember. It was hot. It was during the summer. I'm thinking it was July. That's about 10 months of the year, so -- A. Well, it was really hot. Q. I mean -- A. Excuse me. I'm sorry. I'm trying to be 15 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL16 @ 1 as honest and forthright as possible. It was really 2 hot. It was July or August, I'm thinking. Maybe 3 September. And I'm thinking, if I had to pinpoint 4 it, 2004. I would say August. And I went to her 5 house with I think it was three guys, and they moved 6 all their stuff. They put it on the trailer, and we 7 were moving out to a house in Englewood, a small 8 house in Englewood, and the house -- the air 9 conditioning was broken and there was one bedroom. I 10 think it was one bedroom. And she had four kids and 11 herself in that one house. The fan didn't work and 12 the air conditioning was broken, and she wanted me to Ft -F—Just dump her there with all of ner stuff.~ . - oe @ 14 Q. Do you recall what address she was moving 15 from into? 16 A. It was out in South Gulf Cove. If I had 17 to look it up I could, but I don't remember. 18 Q. And then she -- 19 A. She had just got out of the hospital. 20 Q. Okay. Moved her to where? The Pinto 21 address? 22 A. No. To some rental house in Old Town 23 Englewood. 24 Q. Okay. 25 A. Some little block house. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL16 e@ 1 as honest and forthright as possible. It was really 2 hot. It was July or August, I'm thinking. Maybe 3 September. And I'm thinking, if I had to pinpoint 4 it, 2004. I would say August. And I went to her 5 house with I think it was three guys, and they moved 6 all their stuff. They put it on the trailer, and we 7 were moving out to a house in Englewood, a small 8 house in Englewood, and the house -- the air 9 conditioning was broken and there was one bedroom. I 10 think it was one bedroom. And she had four kids and 11 herself in that one house. The fan didn't work and 12 the air conditioning was broken, and she wanted me to == 3--—just dump-her-there with all of ner stuff.” . - re @ 14 Q. Do you recall what address she was moving 15 from into? 16 A. It was out in South Gulf Cove. If I had 17 to look it up I could, but I don't remember. 18 Q. And then she -- 19 A. She had just got out of the hospital. 20 Q. Okay. Moved her to where? The Pinto 21 address? 22 A. No. To some rental house in Old Town 23 Englewood. 24 Q. Okay. 25 A. Some little block house. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL17 @ 1 Q. Do you recall what year that was? 2004? 2 A. I'm thinking it was summer 2004. I think. 3 Q. And then did you guys start dating after 4 that? 5 A. No. 6 How did your relationship develop? 7 A. No. Well, I felt bad because -- 8 MR. CLARK: Let him finish asking you the 9 question -- 10 THE DEPONENT: Sorry. 11 MR. CLARK: -- because she can't take you 12 down when you're both talking. 13 THE DEPONENT: Sorry. Thank you. @ 14 Repeat the question, please. 15 Q. (BY MR. WILLIAMS) What happened after 16 that? 17 A. I felt bad leaving her in the house. I 18 couldn't leave her with four kids in a non-air 19 conditioned house with no fan. So I invited them 20 back to my Bayshore house in which I lived alone, so 21 twenty-five hundred -- it was a four-bedroom house, 22 and told her she could stay there until she found an 23 appropriate place to live. 24 Q. Okay. The Bayshore house is the property 25 that's at issue in this case? ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL17 @ 1 Q. Do you recall what year that was? 2004? 2 A. I'm thinking it was summer 2004. I think. 3 Q. And then did you guys start dating after 4 that? 5 A. No. 6 Q. How did your relationship develop? 7 A. No. Well, I felt bad because -- 8 MR. CLARK: Let him finish asking you the 9 question -- 10 THE DEPONENT: Sorry. 11 MR. CLARK: -- because she can't take you 12 down when you're both talking. 13 THE DEPONENT: Sorry. Thank you. @ 14 Repeat the question, please. 15 Q. (BY MR. WILLIAMS) What happened after 16 that? 17 A. I felt bad leaving her in the house. I 18 couldn't leave her with four kids in a non-air 19 conditioned house with no fan. So I invited them 20 back to my Bayshore house in which I lived alone, so 21 twenty-five hundred -- it was a four-bedroom house, 22 and told her she could stay there until she found an 23 appropriate place to live. 24 Q. Okay. The Bayshore house is the property 25 that's at issue in this case? @ ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL18 e@ 1 A. I guess, yes. 2 Q. 1855 -- 3 A. Correct, 1855 Bayshore. 4 Q. And when was that? S A. That was that night. Q. What, about 2004, 2005? 7 A. 2004. Summer of 2004, I'm guessing. 8 Q. Well, and then she moved in with her kids 9 to the Bayshore house? 10 A. Correct. 11 Q. And did you guys have a relationship at 12 that point? 13 A No @ 14 Q. Okay. And when did you have a 15 relationship with Iris? 16 A. I was thinking it was the second night she 17 came into my bedroom on the other side of the house. 18 Q. You had relations then and that's when the 19 relationship started? 20 A. Correct. 21 Q. Did you guys continuously have relations 22 and cohabitate until you broke up? 23 A. Yes. 24 Q. And when did you break up? 25 A. September of -- end of August of '15. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL18 e@ 1 A. I guess, yes. 2 Q. 1855 -- 3 A. Correct, 1855 Bayshore. 4 Q. And when was that? 5 A. That was that night. 6 Q. What, about 2004, 2005? 7 A. 2004. Summer of 2004, I'm guessing. 8 Q. Well, and then she moved in with her kids 9 to the Bayshore house? 10 A. Correct. 11 Q. And did you guys have a relationship at 12 that point? 13 A. No @ 14 Q. Okay. And when did you have a 15 relationship with Iris? 16 A. I was thinking it was the second night she 17 came into my bedroom on the other side of the house. 18 Q. You had relations then and that's when the 193 relationship started? 20 A. Correct. 21 Q. Did you guys continuously have relations 22 and cohabitate until you broke up? 23 A. Yes. 24 Q. And when did you break up? 25 A. September of -- end of August of '15. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL19 e@ 1 Q. Are you sure it's '15, not '16? 2 A. No, I'm not. 3 Q. Because we're in '18 now. 4 A. It's been two years, so it could have 5 been -- it's been two and a half years, I think, 6 since we broke up. 7 Q. And where were you living at the time you 8 guys broke up? 9 A. 808 East First Street. 0 Q. How long had you guys been living there? 11 A. No one's ever lived there. It was a work 12 in progress. It was ~- 808 East First Street -- 13 Q. Yeah. @ 14 A. -- was a -- was a house that was being 15 repaired, was being remodified. 16 Q. I just asked you where were you guys 17 living when you -- 18 A. We lived -- oh, I'm sorry. Excuse me. We 19 lived at 616 Pinto Trail. 20 Q. When you guys broke up? 21 A. When we broke up. 22 Q. And how long had you guys lived at Pinto 23 Trail prior to that point in time? 24 A. Eleven or 12 years. 25 Q. How would you describe the relationship ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL 719 e@ 1 Q. Are you sure it's '15, not '16? 2 A. No, I'm not. 3 Q. Because we're in '18 now. 4 A. It's been two years, so it could have 5 been -- it's been two and a half years, I think, 6 since we broke up. 7 Q. And where were you living at the time you 8 guys broke up? 9 A. 808 East First Street. 10 Q. How long had you guys been living there? 11 A. No one's ever lived there. It was a work 12 in progress. It was ~- 808 East First Street -- 13 Q. Yeah. @ 14 A. ~~ was a -~- was a house that was being 15 repaired, was being remodified. 16 Q. I just asked you where were you guys 17 living when you -- 18 A. We lived -- oh, I'm sorry. Excuse me. We 19 lived at 616 Pinto Trail. 20 Q. When you guys broke up? 21 A. When we broke up. 22 Q. And how long had you guys lived at Pinto 23 Trail prior to that point in time? 24 A. Eleven or 12 years. 25 Q. How would you describe the relationship ROBERTS REPORTING, INC. 941-485-7267 - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Filed 03/01/2018 03:25 PoY oo 10 ll 12 13 @ 14 15 16 17 18 19 20 21 22 23 24 25 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL you had with Iris while you guys were cohabitating and living together? A. For the most part it was okay. In the beginning. Q. Well, were you guys an item? I mean -- A. Yeah, we were boyfriend and girlfriend. We lived together. We thought we were going to spend the rest of our lives together. Q. That was your understanding and her understanding? A. Correct. Q. So you guys shared Christmas together? A. Of course. Q. Birthdays, anniversaries, that sort of thing? I just want to get a full understanding of what your understanding was. A. Yes. Q. When did you realize that, you know, this understanding of you guys spending the rest of your lives together was not going to happen? A. We talked about going to counseling prior to breaking up, so if there was thoughts before that, I would say several years. Couple years. Two or three years. Q. And did you guys have a joint bank account 20 ROBERTS REPORTING, INC. 941-485-726720 e@ 1 you had with Iris while you guys were cohabitating 2 and living together? 3 A. For the most part it was okay. In the 4| beginning. 5 Q. Well, were you guys an item? I mean -- A. Yeah, we were boyfriend and girlfriend. 6 7 We lived together. We thought we were going to spend 8 the rest of our lives together. 9 Q. That was your understanding and her 10 understanding? li A. Correct. 12 Q. So you guys shared Christmas together? 13 A. Of course. @ 14 Q. Birthdays, anniversaries, that sort of 15 thing? I just want to get a full understanding of 16 what your understanding was. 17 A. Yes. 18 Q. When did you realize that, you know, this 19 understanding of you guys spending the rest of your 20 lives together was not going to happen? 21 A. We talked about going to counseling prior 22 to breaking up, so if there was thoughts before that, 23 I would say several years. Couple years. Two or 24 three years. 25 Q. And did you guys have a joint bank account ROBERTS REPORTING, INC. 941-485-7267 | | | | Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL21 e@ 1 while you guys were living together? 2 A. We had several bank accounts. We had one, 3 I think, that was joint, and we had several that were 4 separate. 5 Q. Where was your joint bank account located? 6 A. FCB. 7 Q. Florida Community Bank? 8 A. I believe so. 9 Q. Is that the only location you guys have 10 had a joint bank account? il A. Correct. 12 Q. While you guys were living together did 13 you have a separate account? @ 14 A. Separate checking account? 15 Q Separate bank account. 16 A. Yes. 17 Q And where was that? 18 A SunTrust. 19 MR. WILLIAMS: I think that's Iris. Let's 20 take a couple-minute break. 21 (Off-the-record discussion, after which 22 the following proceedings were had.) 23 Q. (BY MR. WILLIAMS) So while you and Iris 24 were living together you had a SunTrust Bank account? 25 A. It was my bank account. Not hers. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLmB WON wo a 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 while you guys were living together? A. We had several bank accounts. We had one, I think, that was joint, and we had several that were separate. Q. Where was your joint bank account located? A. FCB. Q. Florida Community Bank? A. I believe so. Q. Is that the only location you guys have had a joint bank account? A. Correct. Q. While you guys were living together did you have a separate account? A. Separate checking account? Q. Separate bank account. A. Yes. Q. And where was that? A. SunTrust. MR. WILLIAMS: I think that's Iris. Let's take a couple-minute break. (Off-the-record discussion, after which the following proceedings were had.) Q. (BY MR. WILLIAMS) So while you and Iris were living together you had a SunTrust Bank account? A. It was my bank account. Not hers. 21 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL22 e@ 1 Q. Okay. Did you have any other accounts at 2 any other financial institutions? 3 A. No. Just SunTrust. 4 Q. And how many accounts did you have at 5 SunTrust? : 6 A. One personal account. 7 Q. During the time you and her lived together 8 did you have any IRA's -~- 9 A. No. 10 Q. -- or brokerage accounts? \ ll A No. | 12 Q Did you have any investments whatsoever -- 13 A No. @ 14 Q -- while you guys were living together? 15 A. Financial investments? ; 16 Q. Yes. | 17 A. No. l 18 Q Did she have a separate account, do you 19 know? 20 A. Yes. 21 Q. Where was that at? 22 A. Busey. Busey Bank. Busey, B-U-S-E-Y. 23 They closed down. 24 Q. Did they become another bank of some sort? 25 A. I don't think so. I think they're just on @ ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL22 | @ 1 Q. Okay. Did you have any other accounts at 2 any other financial institutions? 3 A. No. Just SunTrust. 4 Q. And how many accounts did you have at 5 SunTrust? 6 A. One personal account. , 7 Q. During the time you and her lived together | 8 did you have any IRA's -- | 9 A. No. i 10 Q. -- or brokerage accounts? i il A. No. | 12 Q. Did you have any investments whatsoever -- 13 A. No. @ 14 Q. -- while you guys were living together? 15 A. Financial investments? : 16 Q. Yes. 17 A. No. | 18 Q. Did she have a separate account, do you 19 know? 20 A. Yes. 21 Q. Where was that at? 22 A. Busey. Busey Bank. Busey, B-U-S-E-Y. 23 They closed down. 24 Q. Did they become another bank of some sort? 25 A. I don't think so. I think they're just on ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL23 @ 1 the east coast. I don't think they're on the west 2 coast. 3 Q. While you and Iris were living together 4 your work was in the computer business? 5 A. Correct. 6 Q. And did you engage in any other business 7 while you guys were living together? 8 A. No. 9 Q. And in 2006 the Bayshore house went into 10 foreclosure, correct? 11 A. I'm not sure. No. 2006? 12 Q. Yeah. I'll show you what I'll mark as 13 Exhibit 1, ask you do you recognize that? @ 14 A. No, I don't. I've never heard of Wells 15 Fargo. I never had an account with Wells Fargo, but 16 I see it's as trustee for Ace Securities Corporation. 17 No. 18 Q. That's not your name, Robert -~ 19 A. Yeah, it is my name. You asked me if I 20 ever seen it before. I'm telling you no. 21 Q. This doesn't -- looking at Exhibit 1 22 doesn't jog your memory -- 23 A. No. 24 Q. -- that the foreclosure occurred? 25 A. No. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL23 the east coast. I don't think they're on the west ray coast. won Q. While you and Iris were living together 4 your work was in the computer business? 5 A. Correct. 6 Q. And did you engage in any other business 7 while you guys were living together? 8 A. No. 9 Q. And in 2006 the Bayshore house went into 10 foreclosure, correct? 11 A. I'm not sure. No. 2006? 12 Q. Yeah. I'll show you what I'll mark as 13 Exhibit 1, ask you do you recognize that? @ 14 A. No, I don't. I've never heard of Wells 15 Fargo. I never had an account with Wells Fargo, but 16 I see it's as trustee for Ace Securities Corporation. 17 No. 18 Q. That's not your name, Robert -~ 19 A. Yeah, it is my name. You asked me if I 20 ever seen it before. I'm telling you no. 21 Q. This doesn't -~ looking at Exhibit 1 22 doesn't jog your memory -- 23 A. No. 24 Q. -- that the foreclosure occurred? 25 A. No. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL24 @ 1 Q. Were you served with this paperwork? 2 A. I don't remember ever receiving this 3 paperwork, no. 4 Q. You don't recall -- 5 A. No. 6 Q. -- this 2006 lawsuit whatsoever? 7 A. No, I do not. 8 Q. I show you what I'll mark as Exhibit 2, 9 and I don't have copies of it. 10 MR. CLARK: That's okay. 11 Q. (BY MR. WILLIAMS) That's the Complaint 12 filed in 2006-CA-8194. Did you ever receive a copy 13 of that Complaint? @ 14 A. I don't remember. 15 Q. The mortgage attached to that Complaint, 16 is that your signature on the mortgage? 17 A. On this piece of paper? 18 Q. On that Composite Exhibit Number 2, which 19 is a Complaint filed in the 2006 case, 8194. 20 A. Yes. 21 Q. Were you behind on your mortgage payments 22 in the Bayshore house at the time that Complaint was 23 filed? 24 A. I don't remember. 25 Q. Were you having financial problems at the ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL24 @ 1 Q. Were you served with this paperwork? 2 A. I don't remember ever receiving this 3 paperwork, no. 4 Q. You don't recall -- 5 A. No. 6 Q. -- this 2006 lawsuit whatsoever? 7 A. No, I do not. 8 Q. I show you what I'll mark as Exhibit 2, 9 and I don't have copies of it. 10 MR. CLARK: That's okay. 11 Q. (BY MR. WILLIAMS) That's the Complaint 12 filed in 2006-CA-8194. Did you ever receive a copy 13 of that Complaint? @ 14 A. I don't remember. 15 Q. The mortgage attached to that Complaint, 16 is that your signature on the mortgage? 17 A. On this piece of paper? 18 Q. On that Composite Exhibit Number 2, which 19 is a Complaint filed in the 2006 case, 8194. 20 A. Yes. 21 Q. Were you behind on your mortgage payments 22 in the Bayshore house at the time that Complaint was 23 filed? 24 A. I don't remember. 25 Q. Were you having financial problems at the ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10 11 12 13 @ 14 15 16 17 18 19 20 21 22 23 24 25 25 time the 2006 Exhibit 2 was filed and served on you? A. I don't remember. Q. I'll show you what I've marked as Exhibit 3. This Exhibit 3 is a Notice of -- a Notice of Cancellation of Hearing scheduled for October 27, 2006. It indicates that the Motion for Summary Judgment hearing was canceled because Robert O'Toole had entered into a forbearance plan. Do you recall entering into a forbearance plan? A. I do not recall. I really don't. Q. Do you have -- I don't mean to be personal and intrusive. Do you have memory problems? A. I don't believe so. Q. Did you -- was this the first time you had ever been served with a foreclosure lawsuit? (Whereupon, there was a brief interruption, after which Iris Beaugrand and Heidrun Riednar entered the deposition room.) THE DEPONENT: No. Q. (BY MR. WILLIAMS) When had you previously been served with a foreclosure lawsuit? A. I think it was -- I don't recall if it was back in 1999, I think, or 2000. Q. Where was that at? A. At Bayshore. It could have been this one. ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL18 19 20 21 22 23 24 25 time the 2006 Exhibit 2 was filed and served on you? A. I don't remember. Q. I'll show you what I've marked as Exhibit 3. This Exhibit 3 is a Notice of -- a Notice of Cancellation of Hearing scheduled for October 27, 2006. It indicates that the Motion for Summary Judgment hearing was canceled because Robert O'Toole had entered into a forbearance plan. Do you recall entering into a forbearance plan? A. I do not recall. I really don't. Q. Do you have -~- I don't mean to be personal and intrusive. Do you have memory problems? A. I don't believe so. Q. Did you -- was this the first time you had ever been served with a foreclosure lawsuit? (Whereupon, there was a brief interruption, after which Iris Beaugrand and Heidrun Riednar entered the deposition room.) THE DEPONENT: No. Q. (BY MR. WILLIAMS) When had you previously been served with a foreclosure lawsuit? A. I think it was -- I don't recall if it was back in 1999, I think, or 2000. Q. Where was that at? A. At Bayshore. It could have been this one. 25 ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL| 26 | eo 1 I'm not sure. I know there was one. 2 Q. Prior to this 2006 -- 3 A. No. 4 Q. -- foreclosure lawsuit? 5 A. No. 6 Q. Oh, it was after this? 7 A. No, no. I believe this one -- I believe 8 this is to be it. It wasn't anything after that. I 9 missed -- I misunderstood what you said. 10 Q. Prior to this 2006 foreclosure lawsuit 11 identified in Exhibits 1, 2 and 3 had you previously 12 been served a foreclosure lawsuit in your lifetime? 13 A. Yes, I do (sic). I think it was 2000 on @ 14 Bayshore. 15 Q. Were there any other instances besides the 16 year 2000 Bayshore? 17 A. No. 18 Q. Now, going back to Exhibit 3, it indicates 19 that you were -- you entered into a forbearance plan 20 which caused the cancellation of the summary judgment 21 hearing. Do you recall entering into a forbearance 22 plan with your lender at Bayshore? 23 A. I do not. 24 Q. Do you recall submitting any documents 25 to your lender which would enable you to enter into a ROBERTS REPORTING, INC. 941-485-7267 Filed 03/01/2018 03:25 PM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL10 1. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'm not sure. I know there was one. Q. Prior to this 2006 -- A. No. Q. -- foreclosure lawsuit? A. No. Q. Oh, it was after this? A. No, no. I believe this one -- I believe this is to be it. It was