ti IN THE CIRCUIT COURT OF THE 20^» JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 17-CA-002057 ROGER M, BUTSCHKY and SHIRL LYNN BUTSCHKY, husband and wife. Plaintiffs, V. OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, MICHELLE ROMAN, individually, SCOTT DASCANI, individually, ANGELA STAVROS, individually, and AL DIDONATO, individually, Defendants, AMENDED COMPLAINT FOR DAMAGES COMES NOW, the Plaintiffs, ROGER N. BUTSCHKY and SHIRL LYNN BUTSCHKY, husband and wife, by and through their undersigned counsel, and hereby sue the Defendants, OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, MICHELLE ROMAN, an individual, SCOTT DASCANI, an individual, ANGELA STAVROS, an individual, and AL DIDONATO, an individual, and allege the following; GENERAL ALLEGATIONS 1, This is a civil action for damages in excess of FIFTEEN THOUSAND DOLLARS AND NO CENTS ($15,000.00), the minimal jurisdictional limits of this Court, exclusive of costs, interest, and attorneys’ fees. PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 2. At all time material hereto, the Plaintiffs, ROGER N. BUTSCHKY and SHIRL LYNN BUTSCHKY, husband and wife, were residents of the State of Maryland and Florida, and owned property in Collier County located at 1534 Foxfire Lane, Naples, Florida 34104. 3. At all time material hereto, the Defendant, OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, was a Florida Limited Liability Company which was engaged in the real estate/title business, conducting business within Collier County, Florida, more specifically, conducting business within Collier County, Florida during the months of March, April and May of 2017. 4. At all time material hereto. Defendant MICHELLE ROMAN was a resident of Collier County, Florida and was an agent/employee of OMEGA TITLE NAPLES, LCC d/b/a DUNN rULE during the timeframe in question which is the subject matter of this lawsuit. 5. At all times material hereto, MICHELLE ROMAN was acting within the course and scope of her employment and agency with Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE working as a closing agent for the sale of the property owned by the Plaintiffs, located at 1534 Foxfire Lane, Naples, Florida 34104. 6. At all times material hereto. Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE along with Defendant MICHELLE ROMAN acted as the title company for the sale of the subject property by Plaintiffs to the buyers, Dean W. Sturges and Ann Sturges, with the property address located at 1534 Foxfire Lane in Naples, Florida. At all times material hereto. Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE acted through its employees and agents, including but not limited to PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 2 Defendant ROMAN, Defendant DIDONATO, Defendant DASCANI, and Defendant STAVROS. 7. At all times material hereto, Defendant AL DIDONATO was a resident of Collier County and was an agent/employee of OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, during the timeframe in question, and was acting within the course and scope of his employment and agency during the timeframe in question which is the subject matter of this lawsuit. 8. At all times material hereto. Defendant SCOTT DASCANI was a resident of Collier County and/or worked in Collier County, and was the CEO of Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE. Defendant DASCANCI was an agent/employee of OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE during the timeframe in question, acting within the course and scope of his employment/agency at all times material hereto. 9. At all times material hereto, Defendant ANGELA STAVROS was a resident of Collier County and/or worked in Collier County and was an agent/employee of OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, during the timeframe in question. At all times material hereto, Defendant STAVROS was the manager/office manager of Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, and was acting within the course and scope of her employment during the timeframe which is the subject matter of this lawsuit. 10. Attached hereto as Exhibit “A” to the Amended Complaint is a copy of the ALTA settlement statement prepared by the Defendant OMEGA TITLE NAPLES, LLC PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 3 d/b/a DUNN TITLE, by and through its officer and escrow officer, the Defendant MICHELLE ROMAN. 11. The closing for this real estate transaction was scheduled to take place and in fact took place on April 10, 2017. Prior to the date, Plaintiffs engaged the law firm of Threlkeld & Cetrangelo, P.A. as its attorneys with respect to the subject closing. Joel Threlkeld acted as the attorney for the Plaintiffs/Sellers with respect to this real estate transaction and sale, and employed as his paralegal, Kate Dunn, who was involved in the subject real estate transaction on behalf of the Plaintiffs. 12. A set forth in Exhibit “A”, the Defendants jointly and severally were responsible on the date of closing to issue title insurance, and to disburse the funds at closing to the appropriate parties, including the Plaintiffs. As part of their obligations, the Defendants were to, at the time of closing, disburse funds to the Plaintiffs in the amount of FOUR HUNDRED FIFTY THOUSAND, SEVEN HUNDRED THIRTYFOUR DOLLARS AND EIGHTY-THREE CENTS ($450,734.83) with respect to the sale of the subject property to the buyers, Mr. and Mrs. Sturges. 13. Prior to the time of the closing, which took place April 10, 2017, the Sellers/Plaintiffs’ lawyer delivered by courier “wiring instructions” to the Defendants for the purpose of disbursing the proceeds from the sale of the subject property to the Plaintiffs, in the amount of FOUR HUNDRED FIFTY THOUSAND, SEVEN HUNDRED THIRTY-FOUR DOLLARS AND EIGHTY-THREE CENTS ($450,734.83). The closing instructions were signed by the Plaintiffs, with their bank account number and was notarized as well. The Defendants had the wiring instructions in their possession on the day of the closing, April 10, 2017. PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 4 14. As CEO of Defendant OMEGA TITLE NAPLES, LLC d/b/ DUNN TITLE, Defendant DASCANI had control over the every day operations of OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE including the hiring and firing of staff, including processors for real estate closings who are designated to assist real estate closing agents such as Defendant ROMAN in the proper and efficient handling of real estate closings such as the subject closing involving the Plaintiffs. 15. At all times material hereto. Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE failed to have in place proper policies and procedures for its employees to follow regarding changes in wiring instructions which varied from the original wiring instructions from the Seller. It is standard practice in the title industry for companies such as OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE to have policies and procedures in place for changes in wiring instructions, specifically, that if there is a change in the wiring instructions after the closing, which vary from the original wiring instructions, the closing agent/title company must verbally confirm any changes with the sellers’ agent or sellers’ attorney, before wiring the funds. Absent verbal confirmation, the wiring instructions which vary from the original wiring instructions must not be followed. 16. Prior to the date of the subject real estate closing involving the Plaintiffs, a meeting was held at the office of Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, wherein the CEO/Defendant DASCANI was present. One of the subjects of the meeting was a discussion regarding complaints that were being made for service related issues as OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, which included customer service, communication with outside vendors, communication with PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 5 realtors, sellers and buyers. Specifically, Defendant ROMAN complained to Defendant DASCANI that the office was too busy, mistakes were being made, and that the closing agents such as her needed more help to process the real estate closings in an efficient and correct fashion given the volume of work that she had assigned to her from the Defendants collectively. Defendant ROMAN requested to have another assistant/processor assigned to help her handle the closings that she was assigned on a monthly basis, but Defendant DASCANI refused her request stating, no one gets another processor unless you have 90 or more closings per month”, or words to the effect. Defendant DASCANI further told the staff at this meeting that his company was allegedly not making a sufficient profit, because of all of the overhead involved in paying people from the proceeds of the Defendants’ business and monies earned at Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE. Defendant DASCANI instructed Defendant ROMAN and others to “keep confidential” the identities of other individuals who are to be paid from the proceeds of the Defendant’s business, but upon information and belief, payments resulting from the proceeds of the monies earned at OMEGA TITLE NAPLES, LLC d/b/a DUNN TITILE, consisted of payments to individuals who were not employed by Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE. 17. On information and belief, on or about the day of closing, the computer system at the office of the Defendants appears to have been hacked by some third party, who appears to have posed as Kate Dunn on the day of the closing. More specifically, the individual(s) who hacked the Defendant’s computer system fomarded emails to Defendant MICHELLE ROMAN posing as Kate Dunn, using an incorrect email PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 6 address/domain name, which Defendant MICHELLE ROMAN knew or should have known in the exercise of reasonable care was incorrect. 18. More specifically, on or about April 10, 2017, the hacker accessed the Defendants’ computer system posing as Kate Dunn, with an email address of kate@naplesIegai 1.com. This email address was the incorrect email address for Kate Dunn. Kate Dunn’s email address which was known to Defendant MICHELLE ROMAN before April 10, 2017, was kate@napleslegal.net. Accordingly, on the day of the closing, the emails from the computer hacker posing as Kate Dunn never in fact were sent to the real Kate Dunn at the Law Firm of Threlkeld & Cetrangelo. 19. On the day of the subject closing, communications were made with the Defendant MICHELLE ROMAN indicating a request on the part of the Plaintiffs alleged son for a change in the wiring instmctions. As set forth herein, prior to the closing the Plaintiffs by and through their attorney sent the wiring instmctions to the Defendants, yet on the day of the closing, with the purported request for the change in the wiring instructions, the Defendants never contacted or spoke to the Plaintiffs’ attorney, Joel Threlkeld to confirm an alleged change in the wiring instructions on behalf of the Plaintiffs, and never verbally confirmed with either Kate Dunn or Joel Threlkeld these purported changes in the wiring instructions. Had Defendant ROMAN or any of the other Defendants made verbal contact with either Kate Dunn or Joel Threlkeld, they would have been advised that the changes in the wiring instructions were false. and that the original wiring instmctions were to be followed, such that Plaintiffs’ losses as described herein would not have occurred. PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 7 20. At all times material hereto, and with respect to the subject real estate closing involving the Plaintiffs, Defendant DIDONATO assisted Defendant ROMAN and was charged with the responsibility of releasing the wired funds after the real estate closing took place on April 10'‘’. Specifically, Defendant ROMAN advised Defendant DINONATO that she had been unable to obtain verbal confirmation from either Kate Dunn or either Joel Threlkeld regarding the changed wiring instructions, and that there were now three different sets of wiring instructions which varied from the original wiring instaictions signed by the Plaintiffs. Nonetheless, after Defendant ROMAN received the third set of wiring instructions and handed the file to Defendant DIDONATO, advising that there was a problem with the file. Defendant DIDONATO followed the third set of wiring instructions, which the third bank, Iberia Bank. The first two sets of changed wiring instructions had been rejected by the prior two banks, which Defendant DIDONATO was made aware of prior to the third attempt. Defendant ROMAN was made aware by Defendant DIDONATO of the fact that the first two sets of wiring instructions were rejected by the two banks, because the account numbers did not match the names on the account. Remarkably, DIDONATO still went forward and processed the release of the funds in accordance with the third set of changed wiring instructions, which were fraudulent and false, to the Plaintiffs’ detriment. 21. During the week of April 10"', Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, checking account with Regions Bank was breached and compromised. Defendant DIDONATO, before he approved and submitted the third set of changed wiring instructions, because aware of the fact that the checking PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 8 account had been compromised, and that attempts at getting fake checks cashed through that checking account were being attempted. Defendant STAVROS was also made aware of this fact as well, which apparently occurred on the date of the subject real estate closing involving the Plaintiffs. Nonetheless, Defendants STAVROS, DASCANI, and DIDONATO failed to close the Regions Bank account prior to the third wire transfer which ultimately was approved by the Defendants, including Defendant DIDONATO. Upon information and belief, had the Defendants closed the compromised checking account prior to the third wire being sent by Defendant DINONATO, and going through, more likely than not, the Plaintiffs’ losses would not have occurred. 22. After the date of closing, Plaintiffs questioned why they hadn’t received the funds from the sale of the property in the above stated amount, totaling FOUR HUNDRED FIFTY THOUSAND, SEVEN HUNDRED THIRTY-FOUR DOLLARS AND EITHTY-THREE CENTS ($450,734.83). After the date of closing, an investigation by the parties to this action indicated, and Defendant MICHELLE ROMAN admitted. that her computer system at the Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, had been hacked. Attached hereto as Plaintiffs’ Exhibit “B” is a copy of an email from the Defendant MICHELLE ROMAN indicating that her work email was hacked, that their office had not received the funds back from the closing, admitting that the sellers’ son had advised that the bank which eventually cleared the settlement funds, located in Louisiana, had received the wiring instructions for the transfer of the funds. PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 9 23. As set forth in Exhibit “B”, Defendant MICHELLE ROMAN contended that Kate Dunn and to ANGELA STAVROS, that “your email stated that the sellers’ son told you that the bank had received the wire. This representation was in fact false, as the sellers’ son never contacted anyone at attorney Threlkeld’s office regarding any changes in the wiring instructions at all. The fact that the wiring instructions were allegedly changed as a result of the actions of the computer hackers which infiltrated the Defendants’ computer system was never verified or confirmed with Plaintiffs’ attorney Joel Threlkeld and/or his paralegal, Kate Dunn. 24. In the real estate community, it is the standard of care for closing agents such as the Defendants to confirm any changes in the wiring instructions, on the day of closing, by verbally communicating with the sellers’ attorney as to any such changes in the wiring instmctions. The Defendant MICHELLE ROMAN never contacted Plaintiffs’ attorney Threlkeld on the day of closing, nor did she verbally contact Kate Dunn on the day of closing, to inquire as to these alleged changes in the wiring instructions by the purported “seller’s son”. In fact, as the investigation post-closing came to show Kate Dunn confirmed by copy of this email dated April 14, 2017 (Exhibit “C”) that she in fact had not received the emails from Michelle Roman concerning the closing and the alleged change in the wiring instructions. 25. After the closing, the Defendant, the Defendant MICHELLE ROMAN, as well as Fran Legdan and ANGELA STAVROS both of the Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE admitted verbally to the Plaintiffs’ attorney at Threlkeld & Cetrangelo that they had responded on three occasions to requests for changes in the wiring instructions from three different financial institutions, the last PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 10 one being Iberia Bank in Louisiana, which eventually cleared the funds from the subject real estate closing. Defendant ROMAN in fact reported this incident to the Naples Police Department, confirming the fraud. See Exhibit “D”. 26. The incident described herein was reported to the FBI, which investigated the computer hacking and the fraud which had occurred in this case. The FBI was only able to recover for the Plaintiffs/Sellers Twenty-Nine Thousand, Three Hundred Four Dollars and/100 ($29,304.00). Had the Defendants acted appropriately and in conformity with industry standards as set forth herein, more likely than not, the Plaintiffs would not have incurred the financial loss that they incurred as set forth herein. As a result of the Defendants’ negligence. Plaintiffs suffered a financial loss in the sale of their subject property in the amount of FOUR HUNDRED, TWENTYONE THOUSAND, FOUR HUNDRED TFIIRTY DOLLARS AND 83/100 ($421,430.83). Had the Defendants acted within the industry standards and had contacted the attorney for the Sellers/Plaintiffs, more likely than not, these losses would not have occurred. 27. Ultimately, in the exercise of reasonable care, the Defendants jointly and severally should have not wired the money after the third set of change wiring instructions were sent to the Defendants’ office, since they were not able to verbally confirm the change in the wiring instructions with either Kate Dunn or Joel Threlkeld. Instead, the Defendants should have written a check made payable to the Plaintiffs and sent it to the care of the Plaintiffs’ attorney Joel Threlkeld’s office. Had this been accomplished, more likely than not. Plaintiffs’ losses would not have occurred. PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 11 COUNT I NEGLIGENCE CLAIM AS TO DEFENDANT MTCHELLE ROMAN Plaintiffs hereby adopt and re-allege paragraphs one through twenty-seven as if fully set forth herein. 28. At all times material hereto, the Defendant MICHELLE ROMAN was an agent and/or employee of the Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, and was acting within the course and scope of her agency and employment. 29. At all time material hereto, the Defendant MICHELLE ROMAN as the escrow officer and closing agent for the subject real estate transaction owed a duty to use leasonable caret as the closing agent, including but not limited to acting reasonably in order to confirm alleged changes in the wiring instructions for the subject real estate closing by confirming same with the Sellers/Plaintiffs’ attorney, Joel Threlkeld, and Kate Dunn, before permitting disbursement of the funds. 30. At all times material hereto, the Defendant MICHELLE ROMAN owed a duty to use reasonable care in her capacity as the closing agent for the subject real estate transaction, by confirming the proper email address of the Plaintiffs/Sellers attorneys and in particular, the paralegal Kate Dunn, with whom she had business dealings with prior to the date of the closing April 10, 2017. 31. Defendant MICHELLE ROMAN was negligent and beached the duty of reasonable care as a closing agent by failing to contact the Plaintiffs/Sellers attorney’s offices to verbally confirm any alleged changes in the wiring instnictions, and failed to confirm that the Kate Dunn that she was allegedly communicating with on the day of closing PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 12 was in fact not the real Kate Dunn, because the email address on the day of closing was in fact the incorrect email address for Kate Dunn, as set forth above. 32. As a direct and proximate result of the beaching of the aforementioned duty to the Plaintiffs, the Defendant MICHELLE ROMAN caused the Plaintiffs to incur monetary loss in the amount of FOUR HUNDRED, TWENTY-ONE THOUSAND, FOUR HUNDRED THIRTY DOLLARS AND 83/100 ($421,430.83) as well as costs, prejudgment interest, and additional funds that the Plaintiffs had to use in order to complete a separate real estate transaction which they would not have incurred, had the Defendant MICHELLE ROMAN not been negligent as set forth herein. WHEREFORE, Plaintiffs, ROGER BUTSCHKY and SHIRL BUTSCHKY, demand judgment for all compensable damages allowed by law against the Defendant, MICHELLE ROMAN and further demand prejudgment interest, costs, and any other further relief allowable by law. COUNT II NEGLIGENCE CLAIM AS TO DEFEDANT SCOTT DASCANI Plaintiffs hereby adopt and re-allege paragraphs one through twenty-seven as if fully set forth herein. 33. At all times material hereto, the Defendant SCOTT DASCANI was the CEO and agent/employee of Defendant OMEGA TITLE NAPLES, LLC, d/b/a DUNN TITLE, and was acting within the course and scope of his employment and agency. 34. At all times material hereto, the Defendant SCOTT DASCANI owed a duty to use reasonable care as an employee/agent of the Defendant, particularly as its CEO, including but not limited to acting reasonably in order to conform to industry PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 13 standards for the proper staffing of title companies such as OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE. Specifically, Defendant DASCANI had a duty to have his OMEGA TILE NAPLES, LLC d/b/a DUNN TITLE, properly staffed, such that errors as which occurred in this case did not occur, and innocent Plaintiffs such as the BUTSCHKYS were not deprived of monies they were rightfully owed as a result of the sale of their house. Defendant DASCANI also owed a duty to use reasonable care to have proper policies and procedures in place regarding changes in wiring instructions, such that the events which occurred with the Plaintiffs did not occur. Defendant DASCANI was negligent and breached the duty of reasonable care by failing to have, as set forth above, proper staffing in place such that the mistakes that were made ultimately by Defendants ROMAN, STAVROS, and DIDONATO collectively would not have occurred. 35. Defendant DASCANI was negligent and beached the duty of reasonable care by failing to have in place policies and procedures regarding changes in the wiring instructions in place, which would have prevented the incident in question and would have prevented the losses that were suffered by the Plaintiffs, who are entirely innocent in this transaction. 36. As a direct and proximate result of breaching of the aforementioned duties enumerated above to the Plaintiffs, the Defendant SCOTT DASCANI caused the Plaintiffs to incur monetary losses in the amount of FOUR HUNDRED, TWENTYONE THOUSAND, FOUR HUNDRED THIRTY DOLLARS AND 83/100 ($421,430.83), as well as costs, prejudgment interest, and additional funds that the Plaintiffs had to use in order to complete a separate real estate transaction which they PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 14 would not have incurred, had the Defendant DASCANI not been negligent as set forth herein. WHEREFORE, Plaintiffs ROGER M. BUTSCHKY and SHIRE LYNN BUTSCHKY, demand judgment for all compensable damages allowed by law against the Defendant SCOTT DASCANI and further demand prejudgment interest, costs and any other further relief allowable by law. COUNT m NEGLIGENCE CLAIM AS TO DEFENDANT AL DIDONATO Plaintiffs hereby adopt and re-allege paragraphs one through twenty-seven as if fully set forth herein. 37. At all times material hereto, the Defendant DIDONATO was an agent and/or employee of the Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, acting within the course and scope of his employment and agency. 38. At all times material hereto, the Defendant DIDONATO owed a duty to use reasonable care handling real estate transactions such as the one involving the Plaintiffs, including but not limited to acting reasonably in order to confirm alleged changes in the wiring instructions before releasing the funds by wire, thus permitting disbursement of the funds. 39. At all times material hereto, the Defendant DIDONATO owed a duty to use reasonable care as an employee/agent of the Defendant OMEGA TITLE NAPLES, LLC d/b/ DUNN TITLE to not permit the third wire with changed wiring instructions to go through, when he knew or should have known in the exercise of reasonable care that these wire instructions had not been verbally confirmed with the sellers’ agent. PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 15 40. Defendant DIDONATO was negligent and breached the duty of reasonable care by permitting the third set of changed wire instmctions to go through and failing to confirm verbally these changed wiring instructions with either Kate Dunn or Joel Threlkeld, especially considering the fact that Defendant ROMAN advised him of the problems with the changed wiring instructions, specifically that “things did not look right.” 41. As a direct and proximate result of breaching of the aforementioned duties enumerated above to the Plaintiffs, the Defendant AL DIDONATO caused the Plaintiffs to incur monetary losses in the amount of FOUR HUNDRED, TWENTYONE THOUSAND, FOUR HUNDRED THIRTY DOLLARS AND 83/100 ($421,430.83), as well as costs, prejudgment interest, and additional funds that the Plaintiffs had to use in order to complete a separate real estate transaction which they would not have incurred, had the Defendant DIDONATO not been negligent as set forth herein. WHEREFORE, Plaintiffs ROGER M. BUTSCHKY and SHIRL LYNN BUTSCHKY, demand judgment for all compensable damages allowed by law against the Defendant AL DIDONATO and further demand prejudgment interest, costs and any other further relief allowable by law. COUNT IV NEGLIGENCE CLAIM AS TO DEFENDANT ANGELA STAVROS Plaintiffs hereby adopt and re-allege paragraphs one through twenty-seven as if fully set forth herein. PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 16 42, At all times material hereto, the Defendant ANGELA STAVROS was an agent and/or employee of the Defendant OMEGA TITLE NAPLES, LLC, d/b/a DUNN TITLE, and was acting within the course and scope of her agency and employment. 43. At all times material hereto, the Defendant STAVROS as the Office Manager for the Defendant OMEGA TITLE NAPLES, LLC d/b/ DUNN TITLE, had a duty to use reasonable care as the Office Manager, including but not limited to insuring that reasonable and appropriate policies and procedures were in place regarding changes in wiring instructions such that the events which occurred with the Plaintiffs would not occur. 44. At all times material hereto, the Defendant STAVROS owed a duty to use reasonable care in her capacity as the Office Manager regarding the bank accounts of the Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, and specifically, closing bank accounts which had been compromised such as the Defendant’s checking account with Regions Bank, on or about April 10, 2017. Defendant STAVROS also owed a duty to use reasonable care as Office Manager in insuring and insisting to the Defendant DASCANI that Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, had appropriate staffing in place such as mistakes which occurred in the case of the Plaintiffs did not occur. 45. Defendant STAVROS was negligent and breached the duty of reasonable care in her capacity as an employee/agent of the Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, in so far as she failed to have proper staffing in place, as set forth herein, failed to have appropriate policies and procedures in place regarding changing of the wiring instructions, and failed to close out the Defendant’s bank PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 17 account with Regions Bank upon learning of the fact that the checking account of the Defendant had become compromised on or about April 10, 2017. 46. As a direct and proximate result of breaching of the aforementioned duties enumerated above to the Plaintiffs, the Defendant ANGELA STAVROS caused the Plaintiffs to incur monetary losses in the amount of FOUR HUNDRED, TWENTYONE THOUSAND, FOUR HUNDRED THIRTY DOLLARS AND 83/100 ($421,430.83), as well as costs, prejudgment interest, and additional funds that the Plaintiffs had to use in order to complete a separate real estate transaction which they would not have incurred, had the Defendant STAVROS not been negligent as set forth herein. WHEREFORE, Plaintiffs ROGER M. BUTSCHKY and SHIRL LYNN BUTSCHKY, demand judgment for all compensable damages allowed by law against the Defendant ANGELA STAVROS and further demand prejudgment interest, costs and any other further relief allowable by law. COUNT V CLAIM FOR NEGLIGENCE AGAINST DEFENDANT OMEGAT. TTTT.F, NAPLES, LLC D/B/A DUNN TITLE/VICARIOUS LIABLITY FOR THE ACTIONS OF ITS EMPLOYEES/AGENTS Plaintiffs hereby adopt and re-allege paragraphs one through forty-six as if fully set forth herein. 47. At all times material hereto, the Defendants ROMAN, DASCANI, DIDDONATO, and STAVROS were agents and/or employees of the Defendant OMEGA TITLE PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 18 NAPLES, LLC D/B/A DUNN TITLE, and at all times material hereto, were acting within the course and scope of their employment and agency. 48. As set forth herein, the Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, owed a duty of reasonable care to the public at large and the Plaintiffs in particular to use reasonable care with respect to the handling of real estate transactions and their business as closing agents, as set forth herein, which did not occur in this case. 49. Defendant OMEGA TITLE NAPLES, LLC d/b/ DUNN TITLE, by and through its agents and employees, breached its duty of reasonable care in this instance, as set forth herein, and as a result, caused significant financial loss to the Plaintiffs, ROGER M. BUTSCHKY AND SHIRL LYNN BUTSCHKY, and is vicariously liable for the acts or omissions of its employees and agents. WHEREFORE, Plaintiffs ROGER M. BUTSCHKY and SHIRL LYNN BUTSCHKY, demand judgment for all compensable damages allowed by law against the Defendant OMEGA TITLE NAPLES, LLC D/B/A DUNN TITLE, and further demand prejudgraent interest, costs and any other further relief allowable by law. COUNT VI CLAIM FOR BREACH OF FIDUCIARY DUTY AS TO ALL DEFENDANTS Plaintiffs hereby adopt and re-allege paragraphs one through twenty-seven as if fully set forth herein. 50. Pursuant to the agreement and contract entered into between the Plaintiffs and the Defendants, as the closing agents for the sale of the subject property, as set forth in Exhibit “A”, the Defendants expressly owed a fiduciary duty to the Plaintiffs to PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 19 conduct themselves reasonably and to carry out their responsibilities in a fiduciary capacity such that the Plaintiffs received the monetary funds that they were appropriately entitled to at the time of the subject real estate closing. 51. The Defendants collectively, through their employees, agents and apparent agents, breached this fiduciary duty by failing to properly confirm any alleged changes in the wiring instructions with the Plaintiffs and their attorneys, as set forth herein and by failing to operate their business in conformity with industry standards. Had the Defendants not breached this fiduciary duty, the Plaintiffs would not have suffered the monetary loss that they had suffered, in the amount of FOUR HUNDRED, TWENTY-ONE THOUSAND, FOUR HUNDRED THIRTY DOLLARS AND 83/100 ($421,430.83), plus additional funds. WHEREFORE, Plaintiffs ROGER M, BUTSCHKY and SHIRL LYNN BUTSCHKY, demand judgment for all compensable damages allowed by law against the Defendant OMEGA TITLE NAPLES, LLC d/b/a DUNN TITLE, MICHELLE ROMAN, SCOTT DASCANI, ANGELA STAVROS, and AL DIDONATO, and further demand prejudgment interest, costs and any other further relief allowable by law. DEMAND FOR JURY TRIAL The Plaintiffs, ROGER M. BUTSCHKY and SHIRL LYNN BUTSCHKY further demand trial by jury of all issues so triable as of a right by a jury. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via EPortal to Leland W. Wilson, Esq., McCullough Legal Services, Attorneys for Omega Title PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 20 Naples, LLC, 1990 Main Street, Suite 650, Sarasota, FL 34236, lwilson@mIs941.com. Todd B. Allen, Esq., Attorney for Michelle Roman, 34108, todd@napleslaw.com this 13180 Livingston Road, Suite 206, Naples, FL day of August, 2018. PETRUCCELLI LAW Attorneys for Plaintiff 5100 No. Federal Highway, Suite 300 Fort Lauderdale, FL 33308 Telephone: (954)771-4118 mpetruccelli@ecmaliustice.law abuchanan@equaliustice.law kdesanti@eciuaj[justice.law / / BY: . ijyt. MICHAEL A. PETRUCCELLI FBN: 717312 PETRUCCELLI LAW 5100 N. FEDERAL HIGHWAY SUITE 300 B, FORT LAUDERDALE, FL 33308 21 I Anierlcan land Utlt) AatodaU on ALTA SBWemwitStotBfTMint-Combined Adopt«d 05-01-2015 FllftNo./E«:row No..* iM306lMB Print Data & Time; 4/6/2017 & 6:13 PM Officer/Escrow Offkxn Mlch«H« Roman SetdemeotLocaaor); 3411 Tamfamf Trail North. Suit* 100 Maples, Florida 34103 Ornew na* topics, lie dba Dunn Title 3411 Ttoml.mlTr*« North. Suite 100 Wapifis, Rorida 34103 Praperty Addriws 1534 Foxfire Une, topic, florid, g4ind Settlement Data: 4/10/2017 Disbursement Date.- 4/J0/2017 Additional dates per state requirements: m Seller Debit j^'scrfptfon CretKl lorrower/Scyef Rotinctel 5485,000.00 Sates Price of Property .Oggoslt inctudlm; gawert money Loan Amount Lender CreiT™"...... ' " D-abit Ctedft $483,000.00 $10,00000 $188,000D0 ——------- $1,134.89 $4168 $670.11 ------------ - from 4/lft^oi7to4^i^fi, y ~ “ $S(UQ $1,134.89 $42.68 $670.11 - 7^ Hunttneton totfanni $170,00 Nati^l Bank to - ^ LiunDngton totjonai Bank ------ $80.00 ---------- $12.50 $445.00 $345,00 to 5/1/2017 J to $36S,C6 .. OtferLoaaciaarees ^— Pt* to The Aoorslssl Shoppe Inc . fimrt Fm to C^NOW ^ ^— i^^Yerifleetfon Fee to QATAvmp/ ly $535,00 $15.00 $16,50 $isHt Pas* 1 of 4 Printed on 4/6/2037 ® &15^ EXHIBIT A j Amailcan Land Itile Association ALTA Settlement Statement - Combined Adopted 05-01-2015 Flood Certification Fee toCORELolfflTnnntr""' insurance Seivice Fas to'~raoCToF~ M£RS Asslgment Fee to MERS Fee to COR5LOGIC RMLlilATE TAX SERVICE Attorney Fee tp THftELKELp'AWDHTHAllRFf Uen Seardt to Integrity Uan Search ——- $635,00 $7.50 $30.00 $11.95 $65.00 $99.00 hvipointti->! Homeowner's Inswrance Property Tasos ~ Flood Insurance Aggregate Adjustment ~ - $552.99 $1,757,44 $14g.26 -$1,093.35 gscfovr / Sn^aatipnt Ch^;;^as “ ™g:.ggsjne Fee to Otnega Title Maples. LLCdfa^tHinn Title g-1 to omega Tide Flaples, ILC dba Dunn toIp Title - Endorsement Fb ‘ Title $405,00 $25.00 $25.00 $262.50 ^Dunn $1,025.00 Title - Title fearch Fee to^lwIotTAlTiTl^^ COlvl.nAHY f Ttle riaples, ILC dba Dunn Title ^C^mlssJon $295,00 $14^50.00 $14,550,00 KEATING ASSOCIATES ' $85.00 $1,610.00 ■■--------------————. —___ (Buyer) to Coldweiriani^rlie^^ RE ^jEstate Commission (Seiler) to KEAlii^nssrif^p ' Go'rarnmsnLRceprdifig& Tmnsfsr Cli()rccr~’~~'~~~~------Recording Fees to aERK OF THE CIRCUIT TOURt” ' Affidavit of Trust to CLERK OF THioSriw ' ^ jecord Certificate of Approval to CLERK: Of THE aRCUfT COURT $3,395.00 $1,321.83 $35,00 - Deed Stf.t6 to CLERK OFTHEaRCUITCOURT Transfer Tc>;es - Intangible Tax to CLERK OF THE CIRCUiT COURT Transfer Taxes - Mortgage State t^KHRi^THF clRrnrfT^^ tiHsceijaneous ~~ ' Cable/Second Quarter Maintenance toroXRREGOLFANO COUNTRY CLUB_________ Email/Kax/Courler/V.'ire/OvemlghttoliTiRELKELDAND CETRANGELO PA Survey to OljUNELAf^D SURVEYORS]^ -----------Transfer Fee to FOXFIRE COMMUNITY ASSPOATI^ ~ CopyrlRlit 201S American Und Tftle AModatlo rii All rifihts reserved. Pige 2 of 4 $190.00 $10.00 $10.CO $3761)0 $658.00 $395.00 $750.00 FIIe■:, ■'..•viS.XlV $34,86i.8Y 04 / "850 5TH AVENUES^ SUITE C Addres,s II 16 N- Dug from SeHeY'dl Clo^sni^ iiTl M KEATING ASSOCIATES to to 4/10/17 to 9/30/17’_____ $90,20 4/10/17 to ~'6/3Q/17~’' $1,13J'89 $41.68" 4/10/17 to "4/30/17 2nd Quarter ^ ritenance 14 ... .. .L ........... “f Second Mortgage Loan ;>■ < Vl-'jr] S' Name Omegi! Title Naples, LLC dba Dunn Title Address 34li f,imiamifi7i]lN'c)rth7Sij te’’i00 Naple.s, Florida 34103 FL License ID W2S8794 Contact Michelle F^oman Ed545?4 120 07 08 09 10 11 U 13 Contact FL License ID .Seller Credit Email (fiicheile@ornegatillGgroup.com Phone (239)'436-3866.......... •h'Tl,.7 Adjustments for Items Unpaid by Seller 14 O'ty/Town Taxes 15 County faxes j.S Assessments '" ;yy. 'T. to 'i/T/Ti.'to''"47id/i7..S67a"ii" .... •) to 17 r'r Questions? n\i!< Iv'.VI I.f you have questions about the loan terms or costs on this form, use the contact information below. To get more I'i i?; Information or make a complaint, cotitact the Gonsunior Financial Protection Bureau at vvww.consumYrfinance.gov/mortgage-closing $ J j: 18 ;i;Xi-;)TV.T?r«nRi7.V 19 ■:n i-U.i'yj ^-IK IVc-li.-C .3 Vi* Total Due to Seiler at Closing 'MI-T.l, I $486,266.77 lota.l Due from Seller at Closing ~-$BY3T.94~ Cash $450,734.83 □ From H To Seller CLOSING DISCLOSURE PAGE 1 OF 3 Closing Cost Details P itgaiftCb^ 02 0.00% of }.oan Amount (Points) Adminstralion Fee ^ msm ’ K,. • ft y sniMaiii to The HuntinKton National Bank -■21. Doounnont Pfcparation fee ^04 Bxpross Mail Fee 05 06 07 S5 J.SVV SS to The HLintihgton National Bank to The Huntington National Bank to Tile Huntineton National Bank to Tlie Huntington National Bank Processing Fee Underwriting Fee -?? Appraisal Fee_____ mimmn to The Apprsisal Shoppe Inc to FNC INC to CBCINNOVIS to DATAVERiFY INC to CORELOGIC flood to PROCTOR to MERS .?l_..'2J2E2!i5iL(^5I!M£!]i'5'ltServjce_Fee -2? Credit Report Fee 21 Pata Verification Fee 05 FJood Certification Fee 06 insurance Senrice Fee 07 MERS Assignment Fee 08 Tax Service Fee 0 ’S?rf^;yv ■■ la: to C0RLT06IC REAL ESTATE TAX SERVICE' ■y: -V) 01 Attorney Fee 02 UenSearch 03_Title - Closing Fee to THRELKELD AND CETRANGELO PA to Integrity Lien Searcli Ksi®. Him iSiSi W'.©Si ))y ii iS $695,00 to Omega Title Naples, l.LC dba 0unr\ Title 04_Title - EnrJorsenient 5.1 OS Title - Endorsement 8.1 Go Title - Endorsement FL Form 9 o: ntle - Lender's Coverage Premium 08 Titfe'-'fitle'Search Fee 09 to Omega Title Naples, l-l'Zdba~dunti'Titie'"""~'" Naples, LLCdba Dunn mie to Omega Title Naples, LLC dba DurTri'Tftie to Omega Title Naples, LLC dba Dunn Title to WFG NATIONAL TITLE INsFrXnCE COIMPAN^ OtfiecCbsfe ISi vr 01 Recording Fees 02 Affidavit of Trust 03 Record Certificate of Approval 04 Transfer Taxes - Deed State OS Transfer Taxes - intangible Tj)X ~ Transfer Taxes - Mortgage State B® Deed; $18.50 Mortgage: $171.50 0-'? OS> 02 03 04 iSi MMM to'oIiF OF thFcircuit couFf to CLERK OF THE CIRCUrfcdURf to CLERK OF THE CIRCUIT COUifT” toZURKOjFiF'aRCuTf COURT $3,395.00 JiiSpF'Et y- illi t IVi'. losotance Premium to Heritage Property and Casualty Mortgage Insurance Premium ' ....... FtP‘- 'literesf (Sly.BS'per day from 47i'i72D'i7to"'5/l/2’6l7) Properly'Fa.xes ' ' .................... ’ ...... Flood Insurance Premium to New Hampshire Insurance rf n"; ■f: ’ to CLERKFfTTrE"ciR'curf cd'URT lit 02 miipiiplt Homeowner's Insurance Mortgage Insurance Property Taxes l-Iood Insurance $184.33 m rTS- per month for 3 mo. ■'HlM gsssliitiiilS! $219.68 pF month for '8 mo'. '$49.42 per month for 3 mo". 05 ^'"/^Rgro^ii'A^ustfneiU 01 02 EmaH7Fax/Courier/Wire)Overniiht~ “o'f-KEAfiNG'ASSOaA'ffS .. . (M Lien .Search/ Estoppel SeFcFTFee 05 Real Es(3te'Commi.s'sionIFuYcfr) 06 Real Estate Corrimission (Seiler) 07 Survey OS 09 iM IMiiMiiiii Cable/Secand Quarter Maintenance m to FOXFIRE GOLF AND COUNTRY CLUB to THRELKELD A'ND CETRANGELO“p'A $1,321.83 $55.00 'Jlgsixf toi'NFpnYU'EN”s¥ARCH to ColeiweJrBahTcer ReTideh'tTai'R'E ■t:Q'KlAT)NGA.5SOClAtTs'"........ '$r4,S'S'd.OO" ...'$'H550.'0'0‘ to ONLINELANDSURVEYORS INC Title - Owner's Coverage Premium (OptiOiial)“~to Omega mie Naples, LLC dba Dunn ITtle Tran.sfer Fee to FOXFIRE COMMUNrh' ASSOCIATION T7 fei >>T'i • • VV vy <>'iv rm liii® $34,861.83 PAGF2 OF3 yesingDisdosure Addendum Date Issued <5/3/2017 ClosInRDate VlO/2017 I'OgerN. OutKhkv 951 Whispering Ridge Lane ----l!lL;li!i,MaiY!and 2101S D" by me inTSansadfoT"^ 2- Shir) Lynn Bulsr.hicy 1534 Foxfire Ln Nn/des,_Florlda 3<5lO'l bnd find it robeatrueandacturate Seller: fioger /if Dated -OSING disclosure statement ofall receipts and Seller; Shlrl Lynn 8ulsc y disbursements made on my a ccount if- mn Dated Premium Discfn<;iim & jettlgment Agent Certification Agency File #; 17-13061IV1R Closing Date; 04/10/2017 You are being given this for m P^icies to be calculated using the 'ptSa'lawtllo '' th ‘''® a lowei I ate wlien purchased along with an owner’s polky the lender's.policy to be calculated using x:cr/;iT- ' policy premium will probably be higher. for endorsement! to the Sde? on the premium for the policies being purchased. These amounts include the charges Closing Disclosure Amount Buyer Seller fo) Lender's Policy; (b) Lender's Endorsements; $312.50 (cl Lender's Policy Total: $1,327.50 (d) ______ _0^er's Policy; $1,610.00 (e) Lender $1,015,00 Other Owner's Policy Total: ' Tot^l/uilSr?^ : tender $312.50 $437.50 $2,500.00 ZHMiP To'^'l: __ $2,500.00 'Ml!" l.V [J7i A'tf >v*vv.‘ '1 If- rs •L. mi m ‘'>A:rV:.;-t tv.iyt :a; Code. The Florida Premium amorn'tefeirdttove wlir^I^ Jd to ibUrlelheTund'^f"" total premium calculated using the Florida 'y'M Insurance agency's escrow account to WFG National Title Insurance Company and Omega Title Naples, LLC dba Dunn ntle The Other $1,610.00 Reissue Credit: 'iii Seller $125.00 Owner's Endorsements: (f) Florida Premium Buyer Sal; feW or form to be paid an their behalf. Wa further certify that we have received a J copy of the Closing Disclosure or other settlement sfatament. Borrower; Dean W. Sturges and Anne M. Sturges, as Trustee.^ of the Amended and Restated Dean W. .Sturge.'i and Anna M. Sturges Uving Seller; WLT Dated O^te.d llo If Seller; Dated SeltiamcntAscntSIgnaiure Date Sljned ---------------- Michelle Rqittnn___ Settlement Ajjsnt Name ' E0S4844 Florida Llccnro Nutiibe” Omggajjtle Naples. LLC dba Dunn Title rule Aaoncv Molaine fimSt W238794 FImMu l lcanse Nurnber Form DFS-Hl-2146 (effective 10/3/2015} 69fl-lSG,0DS, F.A.C Generated 4/S/2012 @ 11:36;29 AM This mstniment was prepared without opinion of title by: Threlkeld & Cetimigeio, PA Joel A, Threlkeld, Rsq. 2272 Ah7.iort Pullhig Road South, Ste. 101 Naples, FL 34112 Consideration: $485,000.00 FileNumben 17-1072 General Warranty Deed to Dean W. Sturges andZne M® si^es as Trt aZh'h Sturges and Anne IVl. Sturges Living Trust dated 11/10/14 with Hp full ^ »^estated Dean W. protect, conserve, sell, convey, (ease encumhPi- -mri ^ power and authority to real property to F S 689 073 whnqp npQt tr manage and dispose of said Chagrin Falls': pursuant Ohio 44023,Se“;««;'’g/an°of Witnesseth, that the grantor, for and i , "] .'^°'‘'®'^®ration of the sum of Ten Dollars, ($10 00) and other valuable considerations, I eceipt whei eof is hereby acknowledged, hereby grants Lrgains sells aliens, remises, releases, cohveys and conflrnrs unto the grantee, all that oertaih land sSe “coller County, Florida, viz; Parcel ID Number; 33780480001 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. of all persons whomsoever; and that said land is free of subsequentto December 31, 2016. I2EGD liKlividnal Wananly Deed - Legal on Face 1 of 2 the same against the lawful claims encumbrances except taxes accruing grantor has signed and sealed these sealed and delivered as to each Grantor in our presence: p-^£^U}A1^.. CT f^ih r-p ; Witness Number One Printed Name SbOilL Witness Number Two Printed Name Roger Isi. Butschky ' Address: 961 Whispering Ridge Lane, Bel Air Matyland 21016. (Seal) iuui Shirl Lynn Butschky Address: 951 Whispering Ridge Lane. Bel Air Maryland 21015; .owmir, State of j County of The foregoing instrument was acknowledged before me thi<5 Roger N. Butschky and Shirl Lynn Butschk/hSnd —, day of April, 2017, by and wife, who is/are personally known to me or who has produced „ „ as identification. (Seal) DANiELLE M MOSCA Notary Public Harfbixl County Mar)dand My Commission Expires Nov. 20.2017 Pagt*2 on''''"'**' on Face z Notary Public COMPLIANCE AND TAX PRORATION AGREEMENT DATE: 4/] 1/17 RE: FILE #; 17-1072 SELLERS; Roger N. Butschky and SIN] L)am Bntschky BUYERS: Dean W. Sturges and Anne M. Sturges LEGAL DESCRIPTION; FOXFIRE UNIT 1 BLK A LOT 4, r Collier County, Florida CLOSING AGEFTT; Omega Title Naples, LLC dA/a Dim Title 1. That all contingeMies set forth in the Contract of Sale have been compHed with: 2, That of laxe.s as shown by the closing slaternerrt on tins dale has been made on the basis of *:«: t EZr" “ ---If*— exemptions to be'“ year. 3. That it is understood by the Buyer(s) and Seller(s) with respect to tax proration, that the foUowing shall apply; Both parties have accepted such proration as a final determination of HabiKty for taxes between the parties; or; X When current year's tax bills are available, the parties will malm such further acljusbnents as miglit be necessary. 1 his adjustment will be made directly .between the parties and not through Omega Title Naples, LLC d/b/a Duim Title fhe parties will make further adjustments as might be necessaiy. Dris adjustment will be made uec, y retween fhe parties and not througli Omega Title Naples, LLC dA/a Dunn Title 4. That all utility bills (unrecorded assessments and association dues, if appHcable) includinp but nnt tartod to water, sewer, gas, garbage and electric are the msponsibiaWTCm “stS L «s “o~eret“““'’“" -5. i?-hm'aZCt on Ae That each paly will fully cooperate to adjust for clerical errors on any or all closing documentation, if necessary. ,o Roger N ( Shill Lynn Biltschky Page; 1 of 2 - SeHctr - Seller Dean W. Sturges Anne M. SturgeS - Buyer - Buyer corrected; FILER'S n Juic, su«l tddrejs, cily or ioto, ilaic or provJaco, counuy nr cr Lofeiga ])ortni code, (mil (clcpliotio number ’ Omega Title Naples, LLC dba Dunn Title 3411 Tainiami Trail North, Suite 100 Naples, Plorida 34103 FILER'S Federal Menu'fieatiot. number IRANSFERORS iden.lificeu-ojrncimber I.Daleofdosiun (MlvIDOyv) Om No. IJ45-0997 04/10/2017 20:i7 Proceeds Prom Real Estate Transactions 2. Gross Procctfds $485,000.00 3. Atlrffc-is oriegn! description Fonn'1099-.S 47-2491104 Transferors name B For Transferor This is important tax ijifoiniatioii and is bejng furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other .sanclion may be imposed on you if lliis item is required to be reported and the IRS deicnniues that it has not been repoited. 1534 Foxfire Lane, Naples, Florida 34104 Roger N. Butschky Siwcl address (includiug apt. no.) 951 Wliispcring Ridge Lane City oi'tbwn, sof« m pioviucc, counltyi MdZt? or forcisaposla] code roreisnparmcra'bip: BelAir.baD 21015 Account or esemw numbcc (sccinnnjctioos) 6. Cuyer^s pun of rest estate tax 17-13061MR Form 1099-S (keep fo.rydur records) www.ms.gov/fonn 10995 Department of the Treasury - Internal Revenue Service Michelle Roman (239)436-3856 him 4-V Roger N. Butschky I Bm of Sale Know AU Men By These Presents, That on this April 11,2017, W ’"'a r®c“'‘ husband and svifc, (hereinafter referred to as "Irrsl: party"), and Dean M • ^-lorgcs and Anne M. Stn. ges, its rriiMees of Clio Amended and Rcst.-iled Dean W. Sturges and Anne M n ’«• MotnlngS-iew Court, Cliagi-m Falls, Ohio 44023 (hcreinailer refened to as "second p,arty") ’ » > WilncssMli (hat the first party, for and in consideration of the sura ofTen Dollars ($10.00), and otlier good tmd valuable cot^drtrtton to first party in hand paid by second party, the receipt whereof is hcrel,;’ aekrrowlS, £ “ bargained, sold, l.rirasferred and dclrvercd. to the satd second party and second party's heirs and assigns forever, die loilowi.i,t.g goods and chattels: «f«-8«'ator(,s), sfove(,s), dishwasherfs), mic,-owavc(s), wasber(s), other >■«<'«. <)> apei ics, cnrtalns, blinds, shades, decorative ,L(ter.s, and other mndow (leatmenls, stoi-m .shutters and panels, garage door opener(.s) and rcmote(s), .s-eemity and otheraccess devices (indudmg to community properly). ' ^ AlMocatedat! 1534 Foxfire Ln., Naples, Florida 34104 To Have and to Hold the same unto second party, and the second party's heirs personal representatives, s-uccessois and assigns forever. mTasrieJf dnf rc,rrcsenlatives, successors and ass.gm tha the fi«t party is the lawful owner of the sarTi goods and chattels; that tlrey ai-e fr^e from all 77 '*”7property, goods and chattels hereby made to the second parly, a d the second party s heirs, personal repr-esenlativcs, sucocs.sors and assigns, agaimst the lawful claims and demaiids of representatives, success'ors and as.sign.s. in M'itnc.ss Whereof, the first party ha-s hereunto set their hand and seal the day and year first above wr-itteo. Ro^cr N.iBnt.sch]y' iL Shirl Lynna Bfftscljhy ST ATE OF / COUNTY of' 1 'Z^ I^HEREBY CERTIFY that the foregoing instrument v/a.s acknowledged before me on April oger^. Lyu.1^ is personally knoira to me or who has produoS”” ______________ _a,s identification: , DANIELLE IVIMOSCA Nofflty Public Harfeid County Maryland My Commission Explrea Nov. 20,2017 Notary Public Printed Name: My Commission expires: ^I^ZdJ/J (Seal) j 2017, by OWNER/SELLER AFFIDAVIT The undersigned, being first duly sworn, deposes and says that: 1. ! I/We ani/are citizens of fte United States of America, and not a nonresident alien, of legal age and have never been known by any other name than that as. appears below. i That om- ITS. Taxpayer Identification Number (Social Security Number) is: ROGER - 218-3t)-7131SiroyL - jL I b-5^-03/'7. respectivelyi if applicable, i ’ That our Mailing address is 951 Whispering Ridge Lane, Bel Air, Mai-yland 21015. 4. lAVe own the property described as follows; ' J Lot 4, Block A, FOXFIRE, UNIT ONE, according to the Plat thereof as recorded in Plat Book 13, Pages 84 throtigh 86, inclusive, of the Public Records of Collier County, Florida ^d its possession thereof has been peaceable and undistarbed and the title to said property lias never been drspiifed or questioned to our knowledge, nor do we know of any facts by reason of which tlie title to, or po,ssession of said property might be disputed or questioned, or by reason of which any claim to any said property might be as.serted adversely to me. ; 5. There are ho tenancies, leases or occupants. 6, No proceeding m any bankniptcy or receivership liave ever been instituted by or against us, and we have never made an as.signmeut for the benefit of creihiors. i 7. I/Wc know of no action or proceed.ings relating to said jiroperty which is; now pending in any State or Federal Court in the United States, nor do we know of any State or Federal Judgment or any Federal Lien of any kind or nature whatsoever, which now constitutes or could constitute a lien or charge upon the subicot properly. i 8, There are no judgments against us Unpaid or imsatisfied of record, IRS liens and/or State Revenue Lions in any court ol rh.is State or of the United States and said property, as far as^ we know is free from all leases, mortgages and other liens and encumbrances except as disclosed in Commitment No. SI URGES/BIJl.SCHSKY issued tiirough WFG National Title Insurance Company. 9. There are. no loans of any kind on said property except the following: NONE OF RECORD 10. There are no unpaid bills or claims for labor or services performed or material furnished or delivered during the last twelve months for alterations, rejiair work, or new construction on .said property which have not been paid for in Ml except those as shovra on die closing statement of this transaction. 11. There is no contract for die making of repairs or improvements on said property. Affidavit - Owner - Seller (Page I of 2 Pages) 12, There is no ouistanding unrecorded contract foj' sale of subjecCproperly to any person or persons or corporations whatsoever, other titan that certain contract to Dean W, Stiirges tmd Anne M. Sltirges, as Tntstees of die Amended and Restated Dean W. Sturges and Anne M. Sturges Living Trust dated 11/10/14 nor are there any chattel mortgages, secrnity agreements, financing statements nor any other conveyance affecting the title to the property described herein except as disclosed inlComroitarent Number STURGES/BtJTSCHSKY with an effective date of February 19, 2017, issued tluougli WFG National Tide Insurance Company. , 13. There are no unpaid real estate taxes and/or tangible taxes due on subjeef property except as disclosed in Commitment Number STURGES/BUTSCHSKY with an effecitve date Of February 19, 2017, issued through WFG National Title Insurance Company. 14, That there are no matters pending against us that could give rise to a lien; that would attach to fie property between fie disbursing of the fends and fie recording of fie interest to bte insured, and fiat fie affiant has not and will not execute any insUunient fiat would adversely affect fie title or interest to be insured. This affidavit is made and given to induce Dean W. Sturges and Anne M. Sturges to purchase the property and Omega Tide Naples, LLC d/b/a Dunn Title and / or WFG National Title.'Insurance Company to issue a policy of title insurance. ! Rog^N. Butsclilcy ShfrL LynxOButschlQ' U State of County of 4^ Tlie foregoing instrument was sworn to, subscribed and acknowledged before me tins _________ day of April. 2017, by Roger Nv Bufcschky and Slu'rL Lynn Butsoilky, hus):oand and Wife who is/are personally known to me or Who produced__ — ' ____ ! as identification and who did take an oath t' .V' Notary Public ' T Notary Printed Name My Commission ’ilxymt&'JJ/^ (Seal) ' ^ Affidavit - Owner - Seller (Page 2 of 2 Pages) 6^Of'" DANELLE&^&iOSCA Notary Public Harford County Maryland My Commission Expires Nov. 20,2017 Page 1 of 1 o o O KJ m ^CD a> m s> r-—':::"=! CJi tn 'PI— ■“vl tssi 00 CO 73 s; a (O o CO CO tn oo to ;w fn •ri •ji n c <£> -<0 d Pi ;d im CO" S mo CO SP cz rrlK CO —— to O > CO G% Zj Q3] CO "D cS P !!]> CO w ;z 70 X m O o ro P CO 5 ,as cn o 2 o Q m c/j CO 5i > iSSSS m 00 Ia is m o t w KJ CPo to ?0 S O X —I I'D Q c/3 m ;o 2 D3 TJ E] :3 ?3 Friday, April 14, 2017 11;31 AM Kate Dunn; Angela Stavros j0el@n3pleslegal.net; 'Sarah hoag'; Scott Dascani; Alfred Didonato; Donna Gorrell RE. Butschky and his money Kate, My work email w^as hacked yesterday. I didn’t send you any emails yesterdav from work. I sent one fiom my phone stadrag thank you L your emarl. ^ ' Ouf office has not received the funds back The keys were given out by the agents on the day of closing. Syt" g°t^e to do wtth Your emad stated that the sellers son told you tliat the bank had received the wire The sellers need to contact their bank and check on what the status ts for tlTftdr Michelle From; Kate Dunn [maiito:kate@)napleslegal.net] Sent: Friday, April 14, 2017 11:16 AM To: Angela Stavros Cc; Michelle Roman ; joei^napleslegal.net; 'sarah hoag' Fiello Ladies, If keys have been given, this presents a problem ant thus far I have not received a definitive answer, i need one now Michelle sent me an email yesterday stating the funds had been rejected and returned. f this is not the case, then we have an even larger problem with which to deal as the truth has been misrepresented, :an you please give me the facts? Has the money been returned? If so, why did it not go out and when will it go out? EXHIBIT B Joel Threllceid From: Michelle Roman Friday, April 14, 2017 11:45 AM Angela Stavros; Kate Dunn RE: Check out Track your package or shipment with FedEx Tracking Sent; To; Subject: Kate, I never received this email yesterday. Michelle From: Angela Stavros Sent: Friday, April 14, 201711:09 AM To: Kate Dunn Cc: Michelle Roman Subject: RE: Check out Track your package or shipment with FedEx Tracking Michelle see email from Kate below Thank you, Angela Stavros OJiice Manager Omega Land Title, LLC 341 ] Tamiami Tr. N, Suite 100 Naples, FL 34103 239-302-5462 (Direct) 239-566-8908 (0) 239-566-9722 (F) 239-790-3711 (EFax) OVERWHELMING AMOUNT OF FRAUDUIENT CASHIER’S CHFC res; We value your feedback, let ii,s know bow we’re doing by clicking on: Ml>-v/oniegafitlegrouD.coni/customei-satisfactinn-snrv,>y ALTA certified by TQS www.tasservices.CQm one 1 EXHIBIT C NAPLES POLICE BEPARTAIENT SWORN STATEMENT STATE OF FLORIDA ~VS.~ Name: "^C^rYYVn _______ Date of Bi 213'.TjIh^SE^ ; '^U ■ L'Q^ Business Address: Aiv 4. [)^\e'. It Email Address: <11 ^dkt'H^^PcPirvi?^4^41^0 9- who, being duly sworn, deposes and says tlial on the / „.20i7 CO! in..OiU&l- ' 3?GC^ ,am day of County, State of Florida, that !T . lT\rrJk;P.(lf’ ''^eVYYi)/n) . OgJ^CkmO oS[.ger Ome^T'Mc^ Ll/: (Qor ufafx w mAvU^^ ^lit) P, r n/Y)! ~TV^^e .'Qi-. .3^(^ ? M A'dfDP-l^’gc/ Qite. 3:: r^cpau^ 4f^.S£ifa:i_iJ.05lhC rl(r:(m^/45K gjacl, P;pfwiAji^ Ka4f.^~i\:)nn fec^oAjQ. o^^pToec d^ C£nicgUl5dQ„j3^ coS/frrxt:^ Ih^-^riril'(yw^ MJ . 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J) Koi/^ rto-fVyYr^}^'l,ltgA7^^^>('tiifeg AiWX-fiiU)4,-fergiALC^r/j^cttf ia~T?-V- rAgXYXjj^WN-”^ (t^Ojg;lm^/J,^yvl--(^j^^.*-i^te->^^lS-feA-eA ^~^^'P>^nr-,j^ V^A bftfn y~vj-t^ •"V' js^-O&CCj^ Cirvx'^ CL^ ^The'foregoajg insman^wasJpakpmvledgStibSore'iiie this/^ , ■l.(M2 byMQvt ^ t. 3joipwn to me or who has produced IWCT^mO as identificato^od who did (didnol) take an oath. /•T' Signature iigaature JMftt or TVpe fooTO. X&'j iritie/Department ^ Rouriaginfo sv^om I'OIOl # v>. Case No .11Page 2 Revised 0.3/03/20)4 (239)213-4844 Main Naples Police Department (239)213-4890 Records 355 Riverside Circle (239)213-4836 Properly/Evidence Naples, Florida 34102 www.na)5lespoliee,eom ‘v- ■i