IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF

IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO:10-002615 (18)

AMERISAVE MORTGAGE CORPORATION

PLAINTIFF
Vs.
ANGELINE BOWERS, et al.
DEFENDANT(S)
________________________________/

MOTION TO DISMISS

The Defendant, Angeline Bowers, pro se, hereby file this, his Motion to Dismiss
the above styled Complaint and in support thereof states that:

I. FAILURE TO POST A NON-RESIDENT COST BOND

1. The Plaintiff has not alleged that it is a registered Florida Corporation or

that it is authorized to do business in the State of Florida.
2. Upon knowledge and information, the Plaintiff is a non-resident to the
State of Florida.
3. Florida Statute 57.011 provides, in pertinent part:
Costs; security by non-residents.
When a non-resident plaintiff begins an action… he or she shall file
a bond with surety to be approved by the clerk of $100, conditioned
to pay all costs which may be adjudged against him or her in said
action in the court in which the action is brought. On failure to file
such bond within 30 days after such commencement or such
removal, the defendant may, after 20 days’ notice to plaintiff (during
which the plaintiff may file such bond move to dismiss the action or
may hold the attorney bringing or prosecuting the action liable for
said costs and if they are adjudged against plaintiff, an execution
shall issue against said attorney.

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II. FAILURE TO STATE CAUSE OF ACTION

4. The Plaintiff’s foreclosure action is based on a breach of the promissory

note which is essence is a breach of contract claim. The Plaintiff’s
Complaint should be dismissed because in order to maintain an action for
breach of contract, a claimant must first establish performance on its part
of the contractual obligations imposed in the contract. Babe, Inc. v. Babies
Formula Services, Inc., 165 So 2d 795 (Fla 3rd DCA 1964)

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5. The Plaintiff fails to even prove that all conditions precedent to the filing of
this action have been complied with. On the contrary, conditions
precedent to the filing of this action have been violated and failed to meet
their contractual obligations. According to the Mortgage Agreement the
Plaintiff must give written notice with certain details to the Borrower prior
to the acceleration of the mortgage. In Plaintiff’s Complaint, the Plaintiff
has clearly accelerated the loan and has failed to allege that it has
performed the conditions precedent to not just accelerating the loan but
filing this action.
6. Furthermore, the Complaint as it stands on its face is invalid as it fails to
comply with the requirements of Florida Statute 673(2) which states:
(2) A person seeking enforcement of an instrument under
subsection (1) must prove the terms of the instrument and the
person’s right to enforce the instrument. If that proof is made, s.
673.3081 applies to the case as if the person seeking enforcement
had produced the instrument. The court may not enter judgment in
favor of the person seeking enforcement is adequately protected
against loss that might occur by reason of a claim by another
person to enforce the instrument. Adequate protection may be
provided by any reasonable means.

7. There is no evidence presented in the Complaint that the Defendant is

adequately protected against loss that might occur by reason of a claim by
another person to enforce the instrument. The Complaint does not
indemnify the Defendant from any third party claims.
8. Pursuant to Florida Statute 673, the Plaintiff when attempting to re-
establish a lost instrument must allege that they will indemnify and hold
harmless the Defendant from any loss that the Defendant may incur by
reason of a claim by another person to enforce the lost note and
mortgage. The Plaintiff’s Complaint fails to make such allegation even
though the Plaintiff is attempting to re-establish the note.
9. Furthermore, the “adequate protection” pursuant to F.S. 673 is unstated,
undefined, undescribed, nor documented in any manner within the four
corners of said Complaint.

III. LOST INSTRUMENT

10. The original Note and Mortgage are not attached to the Complaint as
required by Florida Rules of Civil Procedure
11. To recover on a lost Note or Instrument, the Plaintiff must prove 1) the
existence of Note in question, 2) that the Defendant signed the instrument,
3) that the Plaintiff is the owner or holder of the Note in due course, 4) that
a certain balance, as stated in the complaint, is due and owing.
12. The original Note, signed in ink, must be produced prior to any further
actions on the part of the Plaintiff.

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13. Claims of damages, to be admissible as evidence, must be accompanied
by or incorporated by records such as a general ledger or payment history
and an accounting of an alleged unpaid promissory note, the person
responsible for preparing and maintaining the account ledger must
provide complete accounting sworn to and dated by the person who
maintained the ledger.
14. If the original ink signed note, the named Plaintiff may not be the “holder
in due course” of the note and only an agent or nominee for the true
beneficial owners and holders in due course.
15. Fraud on the Court may exist in that the named Plaintiff may not have any
interest to the note and the supposedly lost note is not lost, but may have
been intentional destroyed due to missing assignments which may have
made it legally null and void ; thus having exploited key and vital evidence.
16. There is no proof that the Plaintiff ever held the note or took possession of
the note thus has no claim or right to bring this action/foreclosure.
17. There is no proof, without the original note, that a proper chain of
assignments and that the lien positions were properly perfected.
18. Other unnamed and undisclosed parties in interest may have claim to the
note and be the rightful beneficial owners to the note and must be
identified and brought before the Court.
19. There may exist several/numerous unnamed and undisclosed real parties
in interest may have claim to the note and be rightful beneficial owners of
the note.
20. In an electronic age, it is a simple matter to place someone’s signature or
image upon a document, furthermore, it is difficult to imagine that such a
valuable negotiable instrument being lost or missing without nefarious
motive.
21. If the note was destroyed or lost intentionally ( the industry maintains this
practice) then they may be attempting to conceal or hide the beneficial
owners and shield them from any assignee liability arising from the actions
of the serviced whom they hired, supervise and most importantly
authorized to foreclose upon the Defendant(s), without the note, since
subsequent endorsements are not recorded to avoid payment of taxes
and to hide true and real beneficial interests, there is no possible way to
determine who ever held a rightful interest in the subject note and who
may have claims or counter-claims against and who should be presently
before the Court as a real party in interest.
22. Notes are pledged, sold, bifurcated and traded in various derivative
transactions and their transfers, sales, pledges, etc are not publicly
recorded. As such, only possession of the actual original note can prove
the actual owner and holder in due course who can make an offer of
payment for the purchase of payment of the note by any other party.
23. If the note has been pledged and encumbered, then the party must be
made aware of the foreclosure and your right to negotiate with them a
payment and release of the note by the defendant, other lien holders or
private parties.

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24. Defendant(s) or their counsel needs to inspect the physical note to
determine who the real parties were that held and endorsed the subject
note, due to the fact that counter-claims and other actions may exist
based on improperly inflated principal balance, amount owed or escrow
account by not applying payments properly and correctly, adding fees not
legally owed by the Defendant to the principal balance, miscalculating the
interest and not properly amortizing the subject loan, fraudulent selling of
the loan or misreporting the defendant(s) on credit reports.
25. The complaint fails to include the master transaction histories and general
ledgers for the subject account since a “dump”, “summary”, or redacted
record cannot be relied upon to determine the rightful amounts owed. It is
the note holders duty and responsibility to validate the claims and
allegations being made in the Complaint on the note and the amount
owed. It is the responsibility to validate the claims being made on the note
and the amounts owed. If the Plaintiff is in control of the master records,
and failed to attach said records to the Complaint, Defendant(s) has no
basis to admit or deny the allegations. If the master records or claim that
the records of prior servicers are missing, then there is no rightful way for
the Plaintiff to prove the balances and amounts they claim are owed.

IV. THE COMPLAINT ALLEGATIONS CONTRADICT THE RELIEF

SOUGHT AND THE ATTACHED MORTGAGE AND NOTE

26. The attached mortgage, paragraph 22 requires that the mortgagee provide
written notice of acceleration with a 30 day cure provision and other
required information.
27. The Plaintiff clearly violated their own mortgage provision, in addition to a
violation of the Fair Debt Collection Practices Act 15 U.S.C. SECTION
1692, AS AMENDED.
28. The Plaintiff did not properly accelerate the mortgage it seeks to foreclose
under Florida and/or Federal law.
29. Amerisave Mortgage Corporation failed to properly and timely accelerate
the mortgage and note by failing, thus Amerisave Mortgage Corporation
failed to comply with all conditions precedent to bring the action, and is
estopped or has waived its right to foreclose, or otherwise has unclean
hands and cannot foreclose.
30. All contacts upon which an action may be sought or defense made, or a
copy thereof or a copy of the portions thereof material to the pleadings,
shall be incorporated in or attached to the pleading.
31. Contractors v Nortrax Equip. 833 So. 2d 286 (Fla. 5th DCA 2002)
informs the Court that it must dismiss for this shortcoming:
32. “ A complaint based on a written instrument does not state a cause
of action until the instrument or an adequate portion thereof, is attached to
or incorporated in the complaint. Samuels v King Motor Co. of Fort
Lauderdale, 782 So. 2d 489 (Fla 4th DCA 2001)

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33. Moreover under Hillcrest Pacific Corp. v Yamamura, 727 So 2d
1053 (Fla 4th DCA 1999), exhibits attached to a pleading shall be
considered a part thereof for all purposes. Therefore the Court must
consider and examine the Complaint with the mortgage attachments to
determine the bona fides of Amerisave Mortgage Corporation allegation
that it has the right to enforce the note.

V. ACCOUNTING

34. Amerisave Mortgage Corporation failed to comply with the conditions and
terms of the mortgage and note and/or 12 U.S.C 2601, et seg (RESPA)
with respect to the proper computation, collection and application of the
mortgage payments and the escrow account and payments.
35. Amerisave Mortgage Corporation collected payments, but failed to
properly credit the Defendant’s account, and or collected mortgage
payments and/or escrow payments and did not properly credit or post the
payments to the Defendant’s account in violation of the mortgage and
note.
36. The Defendant made payments to Amerisave Mortgage Corporation
during the term of September 2009 thru January 2010 and the Plaintiff did
not properly post or credit the Defendant’s account.
37. Attached hereto as Exhibit “A” is a letter dated February 2, 2010 clearly
stating the amount due and the time period for which it was due from the
Plaintiff.
38. This exhibit contradicts the allegations contained in the Complaint, to wit;
Paragraph 10 of Count II, which alleges payments due from September 1,
2009 and all subsequent payments have not been made.
39. Aforementioned Exhibit “A” further attests to the fact that the
Plaintiff is unsure and without knowledge as to the status of the service
provider and therefore the owner of the Note, to wit; “If you have any
questions or you have sent this payment to another lender….”
40. Therefore, the Defendant is entitled to an accounting of all moneys the
Plaintiff has collected from the inception of the loan to the present and all
the moneys paid out of the Defendant’s account because of Amerisave
Mortgage Corporation non-compliance with the mortgage and note terms.
41. As a result of the improper collecting and posting of payments to
the Defendant’s account and improper payment of moneys that Amerisave
Mortgage Corporation collected and/or paid, Amerisave Mortgage
Corporation is estopped or has waived its right to foreclose, or otherwise
has unclean hands and cannot claim a default and/or accelerate and/or
foreclose the mortgage.

VI. IMPROPER SERVICE OF PROCESS PURSUANT

TO FLORIDA STATUTE CHAPTER 48

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 42. Service of process was perfected upon the Defendant’s brother on Jan 30,
2009 and docketed with this Court on February 8, 2010.
43. Defendant’s brother does not reside at the subject property.
44. Defendant’s brother was not served at the subject property.
45. Defendant’s brother has no interest, in law or equity, to the subject
property.
46. Defendant, at no time or in any manner, was evasive of service of
process.
47. Defendant resides at the property address on a full time and continuous
basis.
48. Defendant does not have another address in which she may reside in nor
does she possess, or ever possess a off site postal address.
49. Plaintiff knew, or should have known, pursuant to the 1003 (mortgage
application) for the subject loan, the Defendant’s place of employment and
corresponding address, which has remained unchanged.
50. Therefore, substitute service was unnecessary and caused
embarrassment and undue hardship for the Defendant.
51. Plaintiff failed to comply with F.S. 48.
52. Furthermore, statutes that govern service of process are to be strictly
construed to insure that a defendant receives notice of the proceedings
53. The burden of proving the validity of the service of process is on the
Plaintiff . Carter v. Lil Joe Records, 829 So. 2d 953 (Fla. 4th DCA 2002).
54. “[S]trict compliance with service of process procedures is
required.” Baraban v. Sussman, 439 So. 2d 1046, 1047 (Fla. 4th DCA
1983) (citing - Electro Eng’g Prods. Co. v. Lewis, 352 So. 2d 862 (Fla.
1977)). “The burden of proof to sustain the validity of service of process is
on the party seeking to invoke the jurisdiction of the court.” Henzel v. Noel,
598 So. 2d 220, 221 (Fla. 5th DCA 1992) (citing Carlini v. State Dep’t of
Legal Affairs, 521 So. 2d 254 (Fla. 4th DCA 1988)).
55. Ineffective service cannot become effective simply through the
Defendant's knowledge of the proceeding.
56. Absent strict compliance with the statutes governing service of
process, the court lacks personal jurisdiction over the defendant. Sierra
Holding v. Inn Keepers Supply, 464 So. 2d 652 (Fla. 4th DCA 1985)

WHEREFORE, for the above stated reasons and strict evidence in support
thereof, the Defendant respectfully request this honorable Court to dismiss the
Plaintiff’s Complaint without prejudice in its entirety and award any other
entitlements that this Court deems appropriate.

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY, that a true and correct of the foregoing was sent via U.S.
Mail to Kahane & Associates, P.A.. at 8201 Peters Road, Suite 3000, Plantation,
FL 33324, on this _____ day of February, 2010, and the original was filed with
the above Court.

X_________________________
Angeline Bowers
Defendant, pro se

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ANSWER TO SUMMONS AND COMPLAINT -In a civil case, an answer is
the defendant's written response to the plaintiff's complaint. It must be filed
within a specified period of time, and it either admits to or (more typically)
denies the factual or legal basis for liability. Some states allow an answer to
state a lack of knowledge as to whether a particular allegation is true or false.
The answer may also include "affirmative defenses" including allegations
which contradict the complaint or contain legal theories (like "unclean hands,"
"contributory negligence" or "anticipatory breach") which are intended to
undercut the claims in the complaint. If the defendant fails to file an answer,
the plaintiff usually wins by default. There are rules of evidence which govern
the formalities and time period required in filing an answer. The answer is
usually filed along with a proof of service of the same upon the other parties
to the action.

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 IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT OF FLORIDA,
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: _______________

________________________
________________________
PLAINTIFF

Vs.

_________________________ et al.
DEFENDANT(S)
_________________________________/

DEFENDANT(S) FIRST ANSWER TO COMPLAINT

COMES NOW the undersigned Defendant(s), acting pro se, files this
answer, to the above styled Complaint and states as follows:

1. Defendant(s) admits the allegation of venue

2. Defendant(s) admits the allegation of ownership.

3. Defendant(s) is/are without knowledge or lacks sufficient

information to admit or deny all other allegations contained in the
four corners of Plaintiff’s Complaint and demands strict proof
thereof.

4. Defendant(s) has / have no knowledge of the veracity of the

amounts due and owing stated in the Complaint and will admit to
same, if accurate, after proof from discovery, and therefore at this
time deny same.

5. Defendant(s) specifically reserves the right to amend the Answer,

file Affirmative Defenses, and/or Counter-Claims, based on future
discovery, as otherwise permitted by law and Florida Rules of Civil
Procedure.

WHEREFORE Defendant(s) respectfully requests the opportunity

to re-establish the original Note by and through a forbearance /

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repayment agreement of mutual consent, upon receipt of strict
accounting. Defendant(s) also requests additional reinstatement
options, “short sale” option without a deficiency judgment or unearned
income liabilities, or loan modification. This proposal is for settlement
purposes only and in no way, either, expressed or implied, affirms
indebtedness. Defendant requests to enter into a foreclosure
avoidance agreement with Plaintiff.

Certificate of Service

I HEREBY CERTIFY that a true and correct copy of the foregoing

Answer was mailed via First Class United States mail, this ____ day of
____________, 20____ to the address below and the original of which was
filed with the Clerk of the above Court.

True copy sent to Plaintiff’s Attorney:

__________________
__________________
__________________
__________________

Respectfully submitted,

X______________________
Printed name:
Defendant, pro se

X______________________
Printed name:
Defendant, pro se

Defendant(s) Mailing Address:

_______________________
_______________________
________________________

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 CERTIFICATE OF FILING INTERROGATORIES – A notice to the Court that
Interrogatories have been served on the Plaintiff.

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 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: _______________

________________________
________________________
PLAINTIFF

Vs.

_________________________ et al.
DEFENDANT(S)
_________________________________/

DEFENDANT(S) CERTIFICATE OF SERVING INTERROGATORIES

I HEREBY CERTIFY that interrogatories have been propounded to

Plaintiff and served with a copy of this certificate by regular U.S. Mail
this ___ day of _____________, 20___ to:

Attorney for Plaintiff:

__________________
__________________
__________________
__________________

BY:____________________
Defendant(s), pro se

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INTERROGATORIES- Part of the pre-trial discovery (fact-finding) process in
which a witness provides written answers to written questions under oath.
The answers must be returned within a specified time, usually 30 days, and
often can be used as evidence in the trial. Objections as to relevancy or
clarity may be raised either at the time the interrogatories are answered or
when they are used in trial. Most states limit the number of interrogatories,
which vary by state, that may be asked without the court's permission to
keep the questions from being a means of harassment rather than a source
of information.
For further information and details regarding this subject, please refer to
Florida Rules of Civil Procedure, Rule 1.340

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 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: _______________

________________________
________________________
PLAINTIFF

Vs.

_________________________ et al.
DEFENDANT(S)
_________________________________/

DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF

Defendant(s) propounds the following interrogatories to the Plaintiff,

and requests they be answered under oath within thirty (30) days of
service pursuant to the Florida Rules of Civil Procedure.

DEFINITIONS AND INSTRUCTIONS

1. Response to any interrogatory by reference to a document. The

term “document” or “documents” shall mean all original writings
of any nature whatsoever and all non-identical copies thereof in
your possession, custody and control, regardless of where
located, and regardless of whether printed or reproduced by any
process, or written and/or produced by hand, or stored in any
form of mechanical or electronic information retrieval system
including computer data files, and whether or not claimed to be
privileged or otherwise excludable from discovery and including,
but not limited to, contracts, agreements, records, tape
recordings, any and all appraisals, correspondence, memoranda,
communications, reports, studies, summaries, compilations,
abstracts, minutes or records of all meetings, including directors,
shareholders, and executive officer meetings, notes, agenda,
bulletins, notices, announcements, statements, instructions,
charts, manuals, brochures, schedules, price lists, telegrams,
teletypes, papers, books, accounts, letters, photographs, objects,

14
 transcriptions of oral statements, court papers, or any tangible
thing.
2. The terms “concerning” or “concerns” as used herein means
referred or referring to, alluded to related or relating to,
connected with, regarding, describing or reflecting.
3. 3. The terms “you” or “your” as used herein shall mean the party
to whom these are directed and each and every name by which
said party is known or has been known and all present and
former agents, employees, representatives, attorneys and all
other persons acting on its behalf of said party and may also
include the original lender as defined herein.
4. The term “person” as used herein means the plural as well as
the singular and shall include any natural person, corporation,
partnership, joint venture, association, governmental agency,
and every other form of entity cognizable by law.
5. The term “and “and “or” shall be both conjunctive and
disjunctive.
6. The term “original lender” as used herein shall mean the lender
who made the loan or loans as defined herein.
7. The term “Loan” as used herein shall mean the loan evidenced
by the promissory note and mortgage executed by the
Defendant(s).

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 INTERROGATORIES

INTERROGATORY NO. 1 – State the name and address of all

parties answering or assisting in providing answers to theses
interrogatories, including all contact information, i.e. address, phone
number, relationship, title, etc.

INTERROGATORY NO. 2 Please state whether you claim to

possess legal or beneficial interest, or both, in the note or mortgage
or both the note and mortgage, and if so, explain why you claim
such and identifying and document(s) and clauses therein which
gives you the interest)s) you claim and specifying whether you
claim rights as an owner or holder of the note or both, and
specifying any other rights claimed. If you do not claim any such
interest(s) or rights please explain why you do not claim such
interest(s)

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INTERROGATORY NO. 3- Please state whether you claim to
possess the authority or power to file and pursue foreclosure of this
note or mortgage or both, and if so, explain why you so claim
identifying any document(s) and clauses therein which gives you
the authority or power you claim. If you do not claim such authority
or power, please explain why you do not claim such authority or
power.

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INTERROGATORY NO. 4 – Please state, for each of the note and
mortgage, from what person or entity (“assignor”) you took
assignment of the Loan specifying the contact name, full legal
name, address and phone number of the assignor together with the
date you took assignment, and state the same information for any
person or entity to which the Loan was ever assigned.

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INTERROGATORY NO. 5 – Please state the date, amount and
nature of and fully describe the consideration or value given in
exchange for each and every assignment of the Loan and identify
from and to what person or entity such consideration or value was
given providing the contact name, full legal name, title, address,
and phone number of each such person or entity.

INTERROGATORY NO. 6 – Please state all parties that took

assignment of the note or mortgage between the making of same

19
and your taking assignment of same and provide the contact name,
title, full legal name, address and phone number of each party and
the entity they are associated with.

INTERROGATORY NO. 7 – Please state whether between the time

of making the Loan and the time of your taking assignment of the
Loan, the original lender maintained ownership of the Loan.

20
INTERROGATORY NO. 8 – Please state, whether and on what date,
the Plaintiff, owned the Loan, took assignment of the Loan, made an
assignment of the Loan, or had any interest in the Loan and specify
the nature of the interest on that date.

21
INTERROGATORY NO. 9- Please state if the Loan was ever subject
to or included in a “mortgage loan purchase agreement” or similar
agreement and if so, please specify the name to the agreement, the
date of the agreement and any amendments, and the parties to the
agreement.

22
INTERROGATORY NO. 10 – Please state whether the Loan was
ever repurchased or reassigned from the buyer or assignee back to
the original seller or assignor or to any predecessor of the buyer or
assignee and if so state the dates of such and the parties with full
contact information involved.

23
INTERROGATORY NO. 11 – Please explain and describe, for the
Loan, the relationships among parties (including you, the original
lender, any servicer, any custodian, any depository, any Special
Purpose Vehicle or Special Purpose Entity, etc), the structure of the
securities offered (including the flow of funds or any subordination
features) and any other material features of any transaction
concerning the sale, transfer or assignment of the Loan or the
Defendant’s property at any time between making of same and
your filing of the action at issue herein.

24
INTERROGATORY NO. 12 – Please state whether the Plaintiff ever
owned an interest in the Defendant’s real property being foreclosed.
If so, please state when and for how long and why did the Plaintiff
acquire an interest in the Defendant’s real property being
foreclosed.

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INTERROGATORY NO. 13 – Please state if there exists any and all
draft appraisals, final appraisals, lenders review appraisal, appraisal
company(ies) utilized name, contact information, any and all
licenses and all contact information for Lender’s review appraiser.

26
INTERROGARORY NO. 14 – If the subject loan was of a stated
nature, please describe fully all verifications and processes
performed by Lender to validate stated information provided by
Borrower, including but not limited to income and assets and the
calculations to verify the Borrowers ability to repay the subject loan.

27
INTERROGATORY NO. 15- Please state if the borrower received 2
copies of a correct Notice of Right to Cancel, 1 copy of TIL
Disclosure Statement pursuant to Regulation Z 226.23(a)(3) and did
the consumer receive three (3) business days prior to
consummation of the mortgage transaction all disclosures pursuant
to section 226.32 .

28
INTERROGATORY NO. 16- Please state whether you, the Plaintiff,
have directly or indirectly received any money, funds, financial
considerations, guarantees or any other financial assurances from
the U.S. Federal government in any way associated with the federal
program commonly called the Troubles Assets Relief Program
(TARP), and or through the Emergency Economic Stabilization Act of
2008 enacted on October 3, 2008, and if so, the date and or dates
you received said money, funds, financial considerations,
guarantees or other financial assurances, the date of your
application, your receipt, the amount(s) involved, and whether and
if so when you paid back any or all said money funds,
considerations, guarantees or other financial assurances.

29
INTERROGATORY NO. 17- Please state with specificity the step
by step process by which the signatory to each endorsement and or
assignment on which you intend to rely on to establish your right to
enforce the subject mortgage and note, presented substantiation or
otherwise identified themselves as the person so identified in the
jurat/acknowledge, that said person had the right and or the ability
and or authority to sign an endorsement and or assignment on
behalf of the entity so identified in the jurat/acknowledgement, and
include an identification of all documents that the signatory may
have used or presented to the notary.

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 Certificate of Service
I HEREBY CERTIFY that a true and correct copy of the foregoing
Interrogatories were mailed via First Class United States mail, this ____
day of ____________, 20____ to the address below.
True copy sent to Plaintiff’s Attorney:
__________________
__________________
__________________
__________________

Respectfully submitted,

______________________
Defendant, pro se

Defendant(s) Mailing Address:

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_______________________
_______________________
________________________

CERTIFICATE OF FILING FOR PRODUCTION- A notice to the Court that a

Request For Production has been served on the Plaintiff.

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 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: _______________

________________________
________________________
PLAINTIFF

Vs.

_________________________ et al.
DEFENDANT(S)
_________________________________/

CERTIFICATE OF SERVING DEFENDANT’S FIRST REQUEST TO

PLAINTIFF FOR DOCUMENTS AND PRODUCTION

I HEREBY CERTIFY that Defendant’s First Request to Plaintiff For

Documents and Production have been propounded to Plaintiff and

33
served with a copy of this certificate by regular U.S. Mail this ___ day of
_____________, 20____ to:

Attorney for Plaintiff:

__________________
__________________
__________________
__________________

BY:____________________
Defendant(s), pro se

REQUEST FOR PRODUCTION- A request for production is part of the

discovery (fact-finding) process that occurs prior to trial. Either party may
send such a request to an opposing party or witness. If you are served with a
request for production, you have a certain time period, usually 30 days, to
provide the asking lawyer with your written reply, stating which documents
you have in your possession and to make those documents available for the
asking lawyer to review and copy. Sometimes, lawyers attach copies of the
documents to the written reply.
For further information and details regarding this subject, please refer to
Florida Rules of Civil Procedure, Rule(s) 1.350 & 1.351

34
 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: _______________

________________________
________________________
PLAINTIFF

Vs.

_________________________ et al.
DEFENDANT(S)
_________________________________/

DEFENDANT’S FIRST REQUEST TO PLAINTIFF FOR DOCUMENTS

AND PRODUCTION

DEFINITIONS AND INSTRUCTIONS

The Defendant, pro se, requests the Plaintiff, to produce at the

Defendant’s address within the time forth in the Florida Rules of Civil
Procedure for inspection and copying the following:

35
DEFINITIONS

A. The term “documents” means any printed, written, recorded,

electronic or graphic matter or other means of preserving thought
or expression, and all tangible things from which information can be
processed or transcribed, however produced or reproduced,
including all writings of any kind, including the originals and all non-
identical copies, whether different from the originals by reason of
any notation made on such copies or otherwise, including but not
limited to correspondence, memoranda, notes, diaries, messages,
charts, ledgers, books, reports, desk or other calendars, statistics,
letters, telegrams, e-mails, minutes, business records, personal
records, account statements, appraisal request form from
broker/lender to appraisal company(ies), complete appraisal file and
all drafts and documents utilized in forming said appraisal,
appraiser’s certification, appraisal drafts and final appraisal, bank
statements, contracts, reports, checks, receipts, invoices, bills,
returns, interoffice and intra-office communications, financial
statements, schedules, contracts, computer printouts, telefax,
worksheets, all drafts, alterations, modifications, changes and
amendments of any of the forgoing graphic or oral records or
representations of any kind including, without limitation, tapes,
cassettes, discs, recording and computer memories.
B. The term “transaction” when used without qualification herein
means the transaction consummated by Plaintiff concerning the
subject matter of this lawsuit.
C. “And” and “or” as used herein are terms of inclusion and not
exclusion, and shall be construed either disjunctively or
conjunctively as necessary to bring the scope of the request for
production of documents and any document or information that
might otherwise be construed to be outside its scope.
D. “Any” means one or more.
E. “Relate to” and “relating to” mean to make a statement about,
refer to, discuss, describe, reflect, contain, comprise, identify, or in
any way to pertain to, in whole or in part, or otherwise to be used,
considered, or reviewed in any way in connection with, the specified
subject. Thus, documents that “relate to” a subject also include
those which specifically rejected and those which were not relied or
acted upon.
F. Regardless of the tense employed, all verbs shall be read as
applying to the past, present and future as is necessary to make
any paragraph more, rather than less, inclusive.
G. The singular form of a noun or pronoun shall be considered to
include within its meaning the plural form of the noun and pronoun,
and vice versa. The masculine form of a noun or pronoun shall be
considered to include within its meaning the feminine form of the

36
 noun or pronoun, and vice versa.
H. “You” and “your” means the Plaintiff to whom these Requests to
Produce are addressed, including the Plaintiff’s employees, agents,
and all other persons acting or purporting to act on their individual
or collective behalf.
I. “Person” means any natural person, corporation, partnership,
company, sole proprietorship, association, institute, joint venture,
firm, government body, or other legal entity, whether privately or
publicly owned or controlled, for profit or not-for-profit, or partially
or fully government owned or controlled.
J. “Describe”, “discuss”, “analyze”, describing”, “discussion” or
“analyzing” mean any document that, in whole or in part,
characterizes, delineates, explicates, deliberates, evaluates,
appraises, assess or provides a general explanation of the specified
subject.

INSTRUCTIONS

1. If your response to any request herein is that the documents are not
in your possession or custody, describe in detail the unsuccessful
efforts you made to locate the records.
2. If your response to any request herein is that the documents are not
in your control, identify who has control and the location of the
records.
3. If a request herein for production seeks a specific document or an
itemized category which is not in your possession, control or
custody, provide any documents you have that contain all or part of
the information contained in the requested document or category.
4. Identify the source of each of the documents you produce.

REQUEST FOR PRODUCTION

1. All documents which the Plaintiff/Lender intends to introduce as

evidence demonstrating indebtness to the Plaintiff
2. All documents and documentation which induced the original
Lender to extend consumer credit to the Defendant and create the
subject Note and Mortgage.
3. The entire file and documents submitted by the Defendant and
utilized by the original lender to extend consumer credit to the
Defendant.
4. All applicable documentation normally utilized by a reputable
lending institution to extend credit, including but not limited to,
Defendant’s credit report at the time of the transaction, bank
statements and/or accounts, other real property holdings, stock

37
 portfolio, all other assets owned by Defendant, liabilities, pay stubs
or proof of income, previous tax returns, W-9’s, form 1003
(MORTGAGE APPLICATION), etc.
5. Copies of Good Faith Estimate submitted to the Defendant
6. Copies of Truth-In-Lending disclosure submitted to Defendant for
review prior to closing.
7. Copies of Truth-In-Lending disclosure submitted to Defendant for
review at closing, even if it the same as previously requested.
8. Copies of residential real estate appraisal and all contact
information for said appraiser, including but not limited to training,
licensing and other appraisals performed by said appraiser.
9. Copies of all licenses to conduct a lawful business in the State of
Florida, including but not limited to, business filing with Dept. of
State, Dept. of Banking and Finance license, city occupational
license, County occupational license, any and all licenses from the
principals, directors, officers, employees, agents and affiliates of the
mortgage broker or lending institution which initiated the subject
loan.
10. Copies of all licenses to conduct a lawful business in the State of
Florida, including but not limited to, business filing with Dept. of
State, Dept. of Banking and Finance license, city occupational
license, County occupational license, any and all licenses from the
principals, directors, officers, employees, agents and affiliates of the
mortgage broker or lending institution which initiated the subject
foreclosure.
11. All correspondence/documents between broker and original
lending institution.
12. All correspondence/documents between the original lending
institution and the Plaintiff.
13. All correspondence/documents between the original lending
institution or broker and the Defendant.
14. Copies of all correspondence/documents between Plaintiff and
Defendant.
15. Photocopies of the front and back of every check, or other
document evidencing payment, used to transfer funds in the subject
transaction including, but not limited to, payment to fund the loan,
payoffs to lien holders and creditors, payment to third parties,
payment of taxes, and payment of commissions, fees, bonuses, and
yield spread premiums to brokers.
16. Any and all documents relating to title of subject property.
17. Activity Statement of all payments remitted and applied, from
the inception of loan to present.
18. Statement of Escrow Account and all documents related to such,
including but not limited to insurance invoices and property tax
bills. Photocopies of the front and back of every check evidencing
payment and complete reconciliation.

38
19. Copies of any and all assignments of the subject Mortgage and/or
Note.
20. Copies of all considerations paid for any assignments of the
subject Mortgage and/or Note.
21. Full contact information of any and all persons, from the
inception of the Note and Mortgage, whom has knowledge of the
assignments or transactions.
22. Please provide the final appraisal, any and all draft appraisals, if
applicable, and appraiser’s certifications and contact information.
23. Please provide all business/occupational and business licenses of
the appraiser or appraisal company utilized in the subject loan.
24. Please provide a CV or resume of the actual appraiser which
conducted and submitted the appraisal to the Lender.
25. Please provide a copy of actual appraiser’s State issued license
or documentation.
26. Please provide the Lender’s review appraisal which was utilized
to extend consumer credit to the Defendant(s)
27. Please provide the contact information for the Lender’s review
appraiser.
28. Any and all documents regarding Lenders/Plaintiff
criteria/guidelines/requirements for extending consumer credit
during the time period the subject loan was originated, as defined in
As defined above.
29. What was the effective date of the aforementioned established.
30. Any and all documents for the Lenders/Plaintiff’s current
criteria/guidelines/requirements for extending consumer credit.
31. What was the effective date of the above mentioned established.
32. Please provide the documentation of the basis for
Lender’s/Plaintiff’s approval granting Defendant(s) / Borrower(s)
loan.
33. All documentation, as defined above, regarding approval or
disapproval of all loans made during the same time period as the
Defendant(s) loan.
34. All documentation, as defined above, regarding approval or
disapproval of all loans 1 year prior to the Defendant(s) loan.
35. All documentation, as described in defined above, regarding
approval or disapproval of all loans 1 year after to the Defendant(s)
loan.
36. Any and all documents utilized to transfer/assign/sell
Defendant(s)’ loan/mortgage/Note.
37. Please provide strict proof that borrower received two (2)
copies of a correct Notice of Right to Cancel, 1 copy of TIL
Disclosure Statement pursuant to Regulation Z 226.23(a)(3) three
(3) business days prior to consummation of the mortgage
transaction all disclosures pursuant to section 226.32
38. Please provide strict proof that the Plaintiff, in fact, ever had

39
 actual possession of the subject Note.
39. Please provide a list of all companies where such agreements
currently exist. Please provide all contact information.
40. Please provide a list of all companies where such agreements
existed for the past 7 years. Please include all contact information.
41. Please provide current all documentation, as defined above,
currently utilized by the Plaintiff to establish Loan Modification,
including but not limited to financial work sheets, income
requirements, income to debt ratios, bank statements, memos,
manuals, proof of income or P&L statements, criteria and guidelines
for approval and disapproval.
42. Copies of any and all fee arrangement(s) between Plaintiff and
the attorney of record.
43. Any and all documents, contracts, agreements, correspondence,
E-mails, etc. between Plaintiff and the attorney of record in the
instant case.
44. All records of attorneys’ fees actually incurred or paid.
45. Please identify any documents, related to the subject loan, which
have been lawfully seized, destroyed, lost, misplaced or otherwise
currently unavailable for production purposes.
46. Any and all documents which Plaintiff intends to introduce at a
hearing on a motion for summary judgment or enter into evidence
or exhibit, not previously requested or provided.
47. Identify any and all documents, not specifically requested herein,
but are known to exist by Plaintiff or the attorney of record, whether
in your possession or not.
48. Please identify each and every document which contains an
obligation or option to repurchase the Loan and explain fully the
terms, conditions, costs to be incurred or paid by each party upon
repurchase and whether and by whom, and from whom, the Loan
was ever repurchased.
49. Please provide, for each of the note and mortgage, whether and
as of what date you secured the originals thereof and from whom
providing full contact information, full legal name, address, title,
entity and phone number of each such party.
50. Please provide all parties who have provided servicing of the
Loan and provide full contact information, full legal name, address,
and phone number of each party and the dates each began
servicing the Loan.
51. Please provide for the history of the Loan, the persons or entities
who at any time collected mortgage payments specifying the
applicable dates each such person or entity did so collect and
specifying the full legal name, address and phone number of each
such party.
52. Please provide, for the history of the Loan, on whose behalf
mortgage payments were collected specifying the applicable dates

40
 collection was made for each such person or entity and specifying
the full legal name, address and phone number of each such party.
53. Please provide for the history of the Loan, a full description of
the disposition of collected mortgage payments specifying any
person or entity to which mortgage payments were delivered,
transferred, or paid, the applicable dates of each such person or
entity received the payments and further specify the full legal
name, address and phone number of each such party.
54. Please identify a representative of the Plaintiff with knowledge
of the facts necessary to respond to each of the interrogatories
contained herein or if more than one, identify each such
representative providing full contact information including name,
address, title and telephone number for each, with a brief summary
of each representatives knowledge in this matter.
55. Please produce and explain fully how the APR and finance
charge were calculated for the Loan (the “TIL calculations”), identify
and describe any software utilized in the TIL calculations and how
same was used as to the Loan, and identify any documents
containing information necessary to complete the TIL calculations
and what information was contained therein.
56. Please produce and explain whether the TIL calculations,
software utilized for the TIL calculations, and documents necessary
to complete the TIL calculations were used for every loan made to
consumers at the time the Loan was made. If not, please fully
explain why not and describe any differences.
57. Please produce and explain whether the TIL calculations,
software utilized for the TIL calculations, and documents necessary
to complete the TIL calculations used at the time of the Loan was
made subsequently changed in any manner and fully explain how.
58. Please provide any and all draft appraisals, final appraisals
regarding the subject property.
59. Please provide appraisal company(ies) utilized name, contact
information, any and all licenses and all contact information for all
person(s) which in any way formulated the appraisal the subject
Loan was based on or utilized.
60. Please provide lenders review appraisal, appraisal company(ies)
utilized name, contact information, any and all licenses and all
contact information for Lender’s review appraiser.
61. Please provide, for each of the note and mortgage, from what
person or entity (“assignor”) you took assignment of the Loan
specifying the contact name, full legal name, address and phone
number of the assignor together with the date you took assignment,
and state the same information for any person or entity to which
the Loan was ever assigned.
62. Please provide strict proof that the borrower received 2 copies
of a correct Notice of Right to Cancel, 1 copy of TIL Disclosure

41
 Statement pursuant to Regulation Z 226.23(a)(3) and did the
consumer receive three (3) business days prior to consummation of
the mortgage transaction all disclosures pursuant to section
226.32 .
63. If applicable, please provide strict proof whether you, the
Plaintiff, have directly or indirectly received any money, funds,
financial considerations, guarantees or any other financial
assurances from the U.S. Federal government in any way associated
with the federal program commonly called the Troubles Assets
Relief Program (TARP), and or through the Emergency Economic
Stabilization Act of 2008 enacted on October 3, 2008, and if so, the
date and or dates you received said money, funds, financial
considerations, guarantees or other financial assurances, the date
of your application, your receipt, the amount(s) involved, and
whether and if so when you paid back any or all said money funds,
considerations, guarantees or other financial assurances.

Certificate of Service

I HEREBY CERTIFY that a true and correct copy of the foregoing

Request For Production was mailed via First Class United States mail,
this ____ day of ____________, 20____ to the address below and the
original of which was filed with the Clerk of the above Court.

True copy sent to Plaintiff’s Attorney:

__________________
__________________
__________________
__________________

Respectfully submitted,

X______________________
Printed name:

Defendant(s) Mailing Address:

_______________________
_______________________

42
CERTIFICATE OF FILING FOR ADMISSIONS - A notice to the Court that A
Request For Admissions have been served on the Plaintiff.

43
 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF
IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: _______________

________________________
________________________
PLAINTIFF

Vs.

_________________________ et al.

44
DEFENDANT(S)
_________________________________/

CERTIFICATE OF SERVING DEFENDANT’S FIRST REQUEST TO

PLAINTIFF FOR ADMISSIONS

I HEREBY CERTIFY that Defendant’s First Request to Plaintiff For

Admissions have been propounded to Plaintiff and served with a copy
of this certificate by regular U.S. Mail this ___ day of _____________,
20____ to:

Attorney for Plaintiff:

__________________
__________________
__________________
__________________

BY:____________________
Printed name:
Defendant(s), pro se

REQUEST FOR ADMISSIONS -A request for admissions is a part of the

discovery (fact-finding) process that occurs before trial. It is a written set of
questions or statements served by a party to a lawsuit on an opposing party
or witness which are required to be denied or admitted in writing and returned
to the requesting party with in a specified time, usually thirty days. The
answering party must affirm by oath to the truth of the answers. Anything
admitted in such a request will be deemed admitted for purposes of trial
evidence. The local court rules often limit the number of questions or
statements in such requests, so that they cannot be used as a means of
oppression.

45
 For further information and details regarding this subject, please refer to
Florida Rules of Civil Procedure, Rule 1.370

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF

IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: _______________

________________________
________________________
PLAINTIFF

Vs.

46
_________________________ et al.
DEFENDANT(S)
_________________________________/

DEFENDANT’S FIRST REQUEST FOR ADMISSIONS

Defendant hereby files this First Request for Admissions, pursuant to

Rule 1.370 of the Florida Rules of Civil Procedure upon the Plaintiff, and
requests that said Plaintiff admit or deny the following Requests within
the time permitted by said Rule:

1. Do you admit or deny that the subject loan was based on the
Defendant’s ability to repay subject loan.
2. Do you admit or deny relying on income and or assets to extend
consumer credit to the Defendant.
3. Do you admit or deny verifying said income using reasonable
third party documentation.
4. Do you admit or deny utilizing W-2 forms, tax returns, payroll
receipts, financial records or any other document providing
reasonably reliable evidence.
5. Do you admit or deny the Lender established a presumption of
compliance that the repayment using the fully indexed rate and
fully amortizing payment and assesses the consumer’s ability
using either the ratio of total debt obligation to income (DTI) or
income the consumer will have after paying debt obligations.
6. Do you admit or deny the subject loan was based on real
property equity.
7. Do you admit or deny that the subject loan was 1.5 percentage
points higher than FreddieMac.
8. Do you admit or deny the Defendant was fully advised of the
amount due monthly to the original lender.
9. Do you admit or deny that the Defendant was fully advised of
total payments that would become due including taxes,
insurance, and future assessments.
10. Do you admit or deny that there was more than one Good
Faith Estimate presented to the Defendant during the loan
process.
11. Do you admit or deny that the Good Faith Estimate utilized
in the loan transaction differed from any and all previous Good
Faith Estimates.
12. Do you admit or deny that the final Good Faith Estimate
given to and reviewed by the Defendant accurately reflects the
actual payments under the loan.
13. Do you admit or deny that the Defendant was provided two
copies of the Truth-In-Lending disclosure.

47
 14. Do you admit or deny that assignments of mortgage exist
from Original Lender to the Plaintiff in a continuous,
uninterrupted manner .
15. Do you admit or deny that that the chain of custody of any
assignments that may exist is correct and accurately reflect the
alleged indebtedness of the Defendant.
16. Do you admit or deny that the chain of custody of any
assignments that may exist were executed properly and in
complete compliance with applicable laws, statutes, and
government regulations.
17. Do you admit or deny that the Defendant(s) was notified of
any transfers or assignments of the subject mortgage and/or
note.
18. Do you admit or deny that any consideration paid for
assignment accurately reflected the true value of the loan at the
time of transfer or assignment.
19. Do you admit or deny that that any transfer or assignment
was discounted in any manner whatsoever, based on the true
value of the loan at the time of transfer or assignment.
20. Do you admit or deny that the Plaintiff has performed due
diligence regarding the veracity of amounts allegedly due and
owing, as per the allegation(s) contained in the instant case.
21. Do you admit or deny that the Plaintiff has written or
verifiable documentation to support the veracity of amounts
allegedly due and owing by the Defendant.

Certificate of Service

I HEREBY CERTIFY that a true and correct copy of the foregoing

Request For Admissions was mailed via First Class United States mail,
this ____ day of ____________, 20____ to the address below and the
original of which was filed with the Clerk of the above Court.

True copy sent to Plaintiff’s Attorney:

__________________
__________________
__________________
__________________

Respectfully submitted,

48
 X______________________
Printed name:
Defendant, pro se

Defendant(s) Mailing Address:

_______________________
_______________________
________________________

SUBPOENAS FOR DEPOSITION - A subpoena is an order directed to an

individual commanding him to appear in court on a certain day to testify or
produce documents in a pending lawsuit. The power to subpoena a person is
granted officers of the court, such as clerks of courts, attorneys and judges.
A person may be subpoenaed to appear in court or any designated location
to provide testimony for trial or deposition or produce documents or other
evidence.
A subpoena which requests items be brought with the person is called a
"subpoena duces tecum". A subpoena is an order directed to an individual

49
 commanding him to appear in court on a certain day to testify or produce
documents in a pending lawsuit. The power to subpoena a person is granted
officers of the court, such as clerks of courts, attorneys and judges. A person
may be subpoenaed to appear in court or any designated location to provide
testimony for trial or deposition or produce documents or other evidence.
If the person is required to travel more than a minimum distance, they may
be required to be compensated for reasonable travel expenses. Failure to
comply with a subpoena may subject a person to being held in contempt of
court if it appears the absence was intentional or without cause.
For further information and details regarding this subject, please refer to
Florida Rules of Civil Procedure, Rule 1.913

IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT OF

IN AND FOR BROWARD COUNTY, FLORIDA

CASE NO: _______________

________________________
________________________
PLAINTIFF

Vs. SUBPOENA FOR DEPOSITION

50
 DUCES TECUM

_________________________ et al.
DEFENDANT(S)
_________________________________/

THE STATE OF FLORIDA:

TO: ________________
_____________________
_____________________
OR THE PERSON WITH THE MOST KNOWLEDGE

YOU ARE COMMANDED to appear before a person authorized by law

to take depositions at, ___________________________, on _________
at ________AM PM and continuing from day to day until completion for the
taking of your deposition in this action and to have with you at that time and
place the following, pursuant to Exhibit “A” attached hereto and made part
thereof:
1. All documents of any kind, utilized by you in issuing consumer
credit to the Defendant.
2. All documents you intend to utilize to support your allegations
in the instant case and/or utilize at any official proceeding.

If you fail to appear, you may be in contempt of court.

You are subpoenaed to appear by the following attorney/Defendant, and
unless excused from this subpoena by this attorney or the Court, you shall
respond to this subpoena as directed.

DATED ______________________

______________
______________
______________
______________
Your Telephone Number:

51
 EXHIBIT “A”
DEFINITIONS
For the purposes of responding to this notice of Subpoena for
Deposition Duces Tecum, the following definitions shall apply:
1. “Plaintiff” means _________________ and his agents, attorneys,
accountants and representatives, any person acting or purporting to act
on his behalf

2. “Defendant” means _______(Your Name)___________. and any of its

officers, employees, agents, attorneys, accountants and representatives.

3. “_________________” or “you” means _______________, and any of

her agents,

(Name of person to be deposed) (Name of person to be deposed)

attorneys, accountants and representatives, any person acting or
purporting to act on her behalf.

4. “Document” or “documents” as used herein shall mean the original and

any copy, regardless of its origin and location, of all writings of any kind
whatsoever including, but not limited to, all abstracts, accounting
journals, accounting ledgers, advertisements, affidavits, agendas,
agreements or proposed agreements, analyses, appointment books,
appraisals, articles of incorporation, attorney retainer agreement,
balance sheets, bank checks, bank deposits or withdrawal slips, bank
credit or debit memoranda, blue prints, books, books of account,
budgets, bulletins, bylaws, canceled checks, charts, checks, codes,
communications, communications with government bodies, computer
data or printouts, conferences, contracts, correspondence, data sheets,
desk calendars, details, diagrams, diaries, disks or data compilations
from which information can be obtained or translated, drafts, drawings,
electromagnetic tapes, E-Mails, faxes, files, films, financial calculations,
financial projections, financial statements, graphs, handwritten notes or
comments however produced or reproduced, indexes, insertions,
instructions, internal accounting records, interoffice communications,
invoices, ledgers, letters, lists logbooks, manuals, memoranda,
microfilm, minutes of meetings, motion or video pictures, newspaper or
magazine articles, networks, nonconforming copies which contain
deletions, notations or records of meetings, notes, notices of wire
transfer of funds, any transfer of funds, outlines pamphlets, papers,
passbooks, periodicals, photocopies, photographs, pictures, plans

52
 preliminary drafts, press releases, proposals, publications, receipts,
recommendations, records, records of conferences or conversation or
meetings, records of payment, reports, resolutions, results of
investigations, schedules, schematics, sepia shipping papers, slides,
specifications, speeches, statement of account, studies, summaries,
surveys, tape recordings, telegrams, telephone logs and records,
telephone and other conversations or communications, teletypes,
telexes, transcripts, transcripts of tape recordings, video tapes, voice
recordings, vouchers, work papers, worksheets, written notations, and all
other papers similar to the foregoing. Any document containing therein
or attached thereto any alterations, comments, notes or other material
not included in the copies or originals or referred to in the preceding
definition shall be deemed a separate document within said definition.
Any document shall include all exhibits, schedules or other writings
affected by or referenced in any such document or other writings
necessary to complete the information contained therein or make it not
misleading.

5. “And” and “or” as used therein are terms of inclusion and not exclusion,
and shall be construed either disjunctively or conjunctively as necessary
to bring with the scope of request for production of documents or
information that might otherwise be construed to be outside its scope.

6. “Any” means one or more.

7. “Describe”, discuss”, “analyze”, “describing”, “discussion”, or “analyzing”

mean any document that, in whole or in part, characterizes, delineates,
explicates, deliberates, evaluates, appraises, assesses, or provides a
general explanation of the specified subject.

8. “Person” means any natural person, corporation, partnership, company,

sole proprietorship, association, institute, joint venture, firm, government
body, or other legal entity, whether privately or publicly owned or
controlled, for profit or not-for-profit, or partially or fully government
owned or controlled.

9. “Relate to” and “relating to” means to make a statement about, refer to,
discuss, describe, reflect, contain, comprise, identify, or in any way
pertain to, in whole or in part, or otherwise to be used, considered, or
reviewed in any way in connection with the specified subject. Thus,
documents that “relate to” a subject also include those which were
specifically rejected and those which were not relied or acted upon.

53
10. The singular form of a noun or pronoun shall be considered to include
within its meaning the plural form of the noun or pronoun, and vice
versa, The masculine form of a noun or pronoun shall be considered to
include within its meaning the feminine form of the noun or pronoun, and
vice versa.

11. Regardless of the tense employed, all verbs shall be read as applying to
the past, present and future as is necessary to make any paragraph
more, rather than less, inclusive.

12. “Year” means calendar year.

13. If any other person or entity is in possession or in control of requested

documents, please provide contact information for said person or entity
and description of documents in their possession or control.

TABLE OF CONTENTS

54
MOTION TO DISMISS

ANSWER TO SUMMONS & COMPLAINT

CERTIFICATE OF FILING FOR ADMISSIONS

REQUEST FOR ADMISSIONS

CERTIFICATE OF SERVING INTERROGATORIES

INTERROGATORIES

CERTIFICATE OF FILING FOR PRODUCTION

REQUEST FOR PRODUCTION

SUBPOENA FOR DEPOSITION W/ EXHIBIT “A”

55