DS9 Document EFTA01112229

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned has called up for hearing the following: DATE: February 1, 2010 TIME: 2:00 JUDGE: John J. Hoy PLACE: Palm Beach County Courthouse, 205 N. Dixie Highway, Room 4A, West Palm Beach, FL. 33401 SPECIFIC MATTERS TO BE HEARD: Motion for Final Summary Judgment of Foreclosure KINDLY GOVERN YOURSELVES ACCORDINGLY. Please arrive 15 minutes before the start of the scheduled hearing time to view the calendar posted outside the courtroom. The courtroom in which your hearing will be held will be posted on the calendar. Notice to Persons with Disabilities EFTA01112229 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752)000(MB(AW) "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Krista Garber ADA Coordinator, in the Administrative Office of the Court, Palm Beach County Courthouse, 205 North Dixie Highway, Room 5.2500, West Palm Beach, Florida 33401; telephone number (561)355-4380 within two (2) working days of your receipt of this notice; if you are hearing or voice impaired, call 1-800-955-8770. The undersigned counsel hereby certifies that a good faith attempt has been made to resolve the matters raised in the motion. I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, M., 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this Zi day of December, 2010. JONES, FOSTER, JOHNSTON & STUBBS, ■. Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 RIDOCS\11304k0010APLD119U9545.DOC By: Michael T. Kranz Florida Bar No: 351180 mkranza 2 EFTA01112230 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. MOTION FOR FINAL SUMMARY JUDGMENT OF FORECLOSURE Plaintiff, National City Bank, as successor by merger to Fidelity Federal Bank & Trust, ("Plaintiff"), by and through its undersigned attorneys and pursuant to 1.510, moves this Court for entry of Final Summary Judgment against the Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman, Julie C. Hardman and Village of Palm Springs, and as grounds therefore would show as follows: 1. Based on the pleadings and affidavits filed in support of this motion, there is no genuine issue of material fact and Plaintiff is entitled, as a matter of law, to a judgment of foreclosure on Count I of the Complaint or a judgment for damages on Count II of the Complaint, including determination of principal and interest, attorney's fees, costs and other charges. 2. The Affidavits filed in this case, show: EFTA01112231 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) (a) The genuineness of the Loan Documents attached to the Complaint (hereinafter "Loan Documents") (b) Plaintiffs ownership of the Loan Documents and its right to pursue the remedies sought in this case under them; (c) The default of the Defendants under the Loan Documents referred to above; (d) The amounts owed by the Defendants under the Loan Documents referred to above; (e) Plaintiffs reasonable attorney's fees and costs incurred in connection with this case. (f) That Plaintiffs lien is superior to the lien of the other Defendants. 3. Pursuant to the terms of the Loan Documents, Plaintiff is entitled to a judgment of foreclosure on the Mortgage attached to the Complaint as Exhibit "B" or a judgment for damages against, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman pursuant to the Promissory Note attached to the Complaint as Exhibit "A" and the Guaranties attached to the Complaint as Exhibits "D", "E" and "F". 4. Count I seeks to foreclose a Mortgage and seeks for the Court to retain jurisdiction to enter a deficiency judgment against the makers of the Note and the Guarantors of the Note. Count II is an action for damages based upon the breach of the Promissory Note and the Guaranties of the Promissory Note. 5. All conditions precedent to the claims made by Plaintiff in this case have been performed or have occurred, and all of the material elements of the causes of action claimed by Plaintiff in this case have been established by the record in support of this Motion. 8 EFTA01112232 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) 6. Plaintiff reserves its right to seek a deficiency judgment against the Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman pursuant to Count I of the Complaint. 7. In reply to the First Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant has waived his right to assert any defenses afforded him by Fla.Stat. §673.491 and §673.6051. The Guaranty signed by Stephen Alexander waives his right to assert the defenses available under Florida Statute §673.4191 and §673.6051. The waiver language appears at page 2 of the Guaranty under "GUARANTOR'S WAIVERS." Furthermore, Defendant, Stephen Alexander, authorized National City Bank to take all actions which it has taken with respect to the Loan. This authorization is set forth in the Guaranty under the paragraph captioned "GUARANTOR'S AUTHORIZATION TO LENDER." 8. In reply to the Second Affirmative Defense of the Defendant, Stephen R. Alexander, the facts alleged in the defense fail to assert an affirmative defense. Furthermore, Plaintiff did accept the Guaranty. 9. In reply to the Third Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant waived his right to assert that: "the Plaintiff agreed to an extension of the due date of the obligation being sued upon which caused loss to the Defendant." Defendant, Stephen Alexander, specifically authorized Plaintiff to extend the due date of the obligation being sued upon under the Guaranty at the section at page 1, captioned "GUARANTOR'S AUTHORIZATION TO LENDER." Furthermore, Defendant, Stephen Alexander waived his right to assert this as a defense under the 8 EFTA01112233 National City Bank v. Hardman Development Corp.. et al Case No: 502009CA024752XXXXMB(AW) language at page 2 of the Guaranty at the paragraph captioned "GUARANTOR'S WAIVERS." 10. In reply to the Fourth Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant has waived his right to assert that Plaintiff agreed to material modifications of the obligation being sued upon which caused a loss to the Defendant. Defendant, Stephen Alexander, specifically agreed that the Plaintiff could modify the obligation being sued upon and further waived his right to assert the Fourth Affirmative Defense. The authorization is set forth at page 1 of the Guaranty under the section captioned "GUARANTOR'S AUTHORIZATION TO LENDER." Defendant, Stephen Alexander's waiver of the affirmative defense appears at page 2 of the Guaranty under the paragraph captioned: "GUARANTOR'S WAIVERS." 11. In reply to the Fifth Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant has waived his right to assert this Fifth Defense in the Guaranty. Specifically, Stephen Alexander at page 2 of the Guaranty under the paragraph captioned: "GUARANTOR'S WAIVERS" specifically waived any and all rights of defenses based on suretyship or impairment of the collateral. 12. In reply to the Sixth Affirmative Defense of the Defendant, Stephen R. Alexander, said Defendant has waived his right to assert this Sixth Defense at page 2 of the Guaranty under the language captioned: "GUARANTOR'S WAIVERS." Furthermore, there is no law which entitles the Defendant to a right of set off for monies owed by the Defendant, Michael Hardman, to the Plaintiff on Defendant's behalf as a result of a Promissory Note signed by the Defendant, Michael Hardman, in the amount 8 EFTA01112234 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) of $550,000.00. The Guaranty being referred to in the Reply to these Affirmative Defenses is attached to the Complaint as Exhibit "D". 13. In reply to the First Affirmative Defense of the Defendants, Hardman Development Corp., Michael T. Hardman and Julie C. Hardman, the Plaintiff has standing to pursue this action as the successor by merger to Fidelity Federal Bank & Trust. 12 U.S.C. § 215a, et seq. addresses the merger of national banks or State banks into national banks. Specifically, 12 U.S.C. § 215a(e) addresses the effect of merger on the resulting financial entity. 12 U.S.C. § 215a(e) states, The corporate existence of each of the merging banks or banking associations participating in such merger shall be merged into and continued in the receiving association and such receiving association shall be deemed to be the same corporation as each bank or banking association participating in the merger. All rights, franchises, and interests of the individual merging banks or banking associations in and to every type of property (real, personal, and mixed) and choses in action shall be transferred to and vested in the receiving association by virtue of such merger without any deed or other transfer. The receiving association, upon the merger and without any order or other action of the part of the court or otherwise, shall hold and enjoy all rights of property, franchises, and interests, including appointments, designations, and nominations, and all other rights and interests as trustee, executor, administrator, registrar of stocks and bonds, guardian of estates, assignee, receiver, and committee of estates of lunatics, and in every other fiduciary capacity, in the same manner and to the same extent as such rights, franchises, and interests were held or enjoyed by any one of the merging banks or banking associations at the time of the merger. (Emphasis supplied). Therefore, on the date of the abovementioned merger, all property of Fidelity Federal, including all rights, franchises, and interests it had in and to every type of property (real, personal, and mixed) and choses in action, were immediately vested in and continued to be the property of National City Bank, by virtue of the merger and without any deed or transfer or any order or other action on the part of the court. 8 EFTA01112235 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752J<XXXMB(AW) 14. In reply to the Second Affirmative Defense of the Defendants, Hardman Development Corp., Michael T. Hardman and Julie C. Hardman, the Defendants waived their right to assert any discharge pursuant to Fla.Stat. §673.4191 or 673.6051. The Guaranties signed by Defendants, Michael T. Hardman and Julie C. Hardman waived their right to assert the defenses available under Fla.Stat. §673.4191 and 673.6051. The waiver language appears at page 2 of the Guaranties under "GUARANTOR'S WAIVERS." Furthermore, Defendants, Michael T. Hardman and Julie C. Hardman, authorized National City Bank to take all actions which it has taken with respect to the Loan. This authorization is set forth in the Guaranty under the paragraph captioned "GUARANTOR'S AUTHORIZATION TO LENDER." The defenses in Fla.Stat. §673.4191 and 673.6051 do not apply to the Promissory Note and Mortgage executed by Hardman Development Corp. The Note and Mortgage were not signed as an accommodation but are the primary obligations. Furthermore, Hardman Development Corp. is not an endorser or accommodation party as defined in Fla.Stat. §673.6051. 15. The lien of the Village of Palm Springs is subordinate to Plaintiff's interest in the property as Plaintiffs Mortgage was recorded before the Final Consolidation Order Assessing Fines and Claims of Lien recorded by the Village of Palm Springs Code Enforcement on October 3, 2008. WHEREFORE, Plaintiff prays that this Court enter a Final Judgment of Foreclosure under Count I against Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman, and Julie C. Hardman for all sums due, including interest, and that this Court further award attorney's fees and costs, and that this Court reserve jurisdiction to enter further orders as are proper, including without limitation 8 EFTA01112236 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) Writs of Possession and a Deficiency Judgment against the Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman, that the Court adjudicate Plaintiff's interest in the Mortgaged Property as superior to any right, title or interests claimed by any Defendants, and for such other further relief as this court may deem just and proper. Alternatively, Plaintiff requests that this Court enter under Count II of the Complaint a Judgment for Damages against the Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman, for all sums due and owing under the Loan Documents, including interest, attorney fees and costs and such other further relief as this Court may deem just and proper. In the alternative to the foregoing, Plaintiff requests that this Court enter an order specifying the facts that appear without substantial controversy, and that the facts so specified shall be deemed established, and the trial or final hearing shall be conducted accordingly. I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, ■, 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this day of 8 EFTA01112237 National City Bank v. Hardman Development Corp.. et at Case No: 502009CA024752XXXXMB(AW) December, 2010. JONES, FOSTER, JOHNSTON & STUBBS, in Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 By: P:DOCS\113041001021PLO‘1776777.DOC -Sl Michael T. Kranz Florida Bar No: 351180 mkranz EFTA01112238 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT BEFORE ME, the undersigned authority, personally appeared Shawn Khol, who first being duly sworn and deposed, states as follows: 1. My name is Shawn Khol and I am employed as an Assistant Vice President of PNC Bank, National Association, successor by merger to National City Bank successor by merger to Fidelity Federal Bank & Trust ("National City"). I am one of the persons who has monitored the collections of the amounts due and owing Plaintiff from Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman, Julie C. Hardman and Village of Palm Springs. 2. I make this Affidavit from my own personal knowledge or that knowledge gained from reviewing the business records of the Plaintiff, which records I know to be kept in the ordinary course and scope of business of the Plaintiff for the business EFTA01112239 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AVV) purposes of the Plaintiff and to be made by a person with personal knowledge as information is transmitted to him or her. 3. I have supervision over this account. 4. Plaintiff, National City Bank ("National City") is the successor by merger to Fidelity Federal Bank & Trust and is a national bank authorized to do business in Palm Beach County, Florida. 5. Defendant, Hardman Development Corp. is a Florida corporation authorized to do business in Palm Beach County. 6. Defendant, Stephen R. Alexander, is a resident of Palm Beach County, Florida and is over 18 years of age. 7. Defendant, Michael T. Hardman, is a resident of Palm Beach County, Florida and is over 18 years of age. 8. Defendant, Julie E. Hardman, is a resident of Palm Beach County, Florida and is over 18 years of age. 9. On or about September 1, 2007, Defendant, Hardman Development Corp., executed and delivered to Plaintiff a Promissory Note in the principal amount of $1,462,500.00. A copy of the Promissory Note is attached to the Complaint as Exhibit 10. To secure payment of the Promissory Note, on or about September 1, 2006, Defendant, Hardman Development Corp., executed and delivered to Plaintiff a Mortgage which mortgaged the real property described therein which was then owned by Defendant, Hardman Development Corp. The Mortgage was duly recorded in 6 EFTA01112240 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AVV) Official Record Book 20827, Page 1818, Public Records of Palm Beach County, Florida. A copy of the Mortgage is attached to the Complaint as Exhibit "B". 11. On or about September 1, 2006, Defendant, Hardman Development Corp., to secure payment of the Promissory Note, executed an Assignment of Rents in favor of Plaintiff. A copy of the Assignment of Rents is attached to the Complaint as Exhibit "C". The Assignment of Rents was duly recorded at Official Record Book 20827, Page 1826, Public Records of Palm Beach County, Florida. 12. On or about September 1, 2006, Defendant Stephen R. Alexander, executed a Commercial Guaranty which guaranteed payment of the Promissory Note and Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as Exhibit "0". 13. On or about September 1, 2006, Defendant Michael T. Hardman, executed a Commercial Guaranty which guaranteed payment of the Promissory Note and Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as Exhibit "E". 14. On or about September 1, 2006, Defendant Julie E. Hardman, executed a Commercial Guaranty which guaranteed payment of the Promissory Note and Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as Exhibit 15. Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman are in default under the terms of the Promissory Note, Mortgage and Guaranties as a result of the Defendants failure to pay the entire amount due under the Loan Documents on September 1, 2008. 6 EFTA01112241 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752)0O0(MB(AW) 16. On November 18, 2008, Plaintiff demanded full payment of the amounts due under the Promissory Note and Mortgage and Commercial Guaranties be paid by Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman. 17. Despite demand, Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman have failed to make any payments to Plaintiff. 18. Defendant, Hardman Development Corp., is in default under the terms of the Promissory Note, Mortgage and Assignment of Rents. 19. Defendants, Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman are in default under the terms of their Commercial Guaranties. 20. All sums due and owing under the Promissory Note, Mortgage and Commercial Guaranties are due and payable. 21. Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman owe Plaintiff the principal sum of $1,420,487.33 plus interest in the amount of $49,874.28 through November 19, 2008, with interest thereafter at the default rate of 16% per annum ($631.22 per day), attorney fees, court costs, title search expenses and such other charges and expenses which may be incurred incident to the enforcement of the obligations under the Promissory Note, Mortgage, Assignment of Rents and Commercial Guaranties. 22. The Mortgaged Property is now owned by Defendant, Hardman Development Corp. 6 EFTA01112242 National City Bank v. Hardman Development Corp.. et al Case No: 502009CA024752XXXXMB(AVV) 23. Plaintiff owns and holds the Promissory Note, Mortgage, Assignment of Rents and Commercial Guaranties. 24. All conditions precedent to bring this cause of action have been performed or have occurred. 25. Plaintiff is obligated to pay its undersigned attorneys a reasonable fee for their services. 26. Defendant, Village of Palm Springs, may claim some right, title or interest in the Mortgaged Property for reasons including but not limited to that certain Final Consolidated Order Assessing Fines and Claims of Lien entered by the Village of Palm Springs Code Enforcement on October 3, 2008 which was recorded in Official Record Book 22915 at Page 1753 of the Public Records of Palm Beach County, Florida. A copy of the Final Consolidated Order Assessing Fines and Claims of Lien is attached to the Complaint as Exhibit "F". Any right, title or interest of Village of Palm Springs in the Mortgaged Property is inferior to that of Plaintiff. FURTHER AFFIANT SAYETH NAUGHT. Shawn Khol, Assistant Vice President STATE OF FLORIDA COUNTY OF ORANGE Before me, the undersigned authority, personally appeared Shawn Khol as a Assistant Vice President of PNC Bank, National Association, successor by merger to National City Bank, to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument for the purposes therein expressed. WITNESS my hand and official seal this 1(i day of December, 2010. 6 EFTA01112243 National City Bank v. Hardman Development Corp.. et al Case No: 502009CA024752)00(XMB(AVV) Not. ry Public Male of Mode tidttCal R Dyczek •:, Commission EE001664 07/17/2014 &Pie% Notary Pudic S:ete of Floods Nicole Dyczek My Commission EE001664 IF Expires 07/17f2014 Print Name: NICO Notary Public, State of Florida My commission expires: IFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, E., 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, E., 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this day of December, 2010. PADOCSV113O45OO1O21PLCM776779.DOC JONES, FOSTER, JOHNSTON & STUBBS, E. Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 By: () 1 Michael T. Kranz Florida Bar No: 351180 mI sa 6 EFTA01112244 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. AFFIDAVIT IN SUPPORT OF AN AWARD OF ATTORNEY'S FEES BEFORE ME, the undersigned authority, personally appeared MICHAEL T. KRANZ, who, first being duly sworn, deposes and says: 1. My name is Michael T. Kranz. I am employed with the law firm of Jones, Foster, Johnston & Stubbs, 505 South Flagler Drive, Suite 1200, West Palm Beach, Florida 33401, representing the Plaintiff in this action; and I have personal knowledge of the facts contained in this Affidavit. 2. I am the attorney of record representing the Plaintiff in this action, and I have prosecuted this cause on behalf of said Plaintiff. 3. As shown in the itemization below, the firm has expended approximately 65.0 hours of attorney time and 13.0 hours of paralegal time in the preparation and prosecution of this case to date at the following hourly rates: EFTA01112245 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) ATTORNEY RATE PER HOUR HOURS TOTAL Michael T. Kranz (MTK) $300.00 32.2 $9,660.00 Christopher B. Cortez (CBC) $200.00 32.3 $6,460.00 Christopher B. Cortez (CBC) $225.00 .5 $112.50 PARALEGAL Laura L. McNeill (LKM) $140.00 10.0 $1,369.50 Mindy S. Halley (MSH) $140.00 3.0 $420.00 and based on my experience in, and knowledge of mortgage foreclosure and collection matters, anticipates spending an additional 3.0 hours of attorney time at $300.00 per hour through entry of Final Judgment of Foreclosure against the Defendants herein, for a total of 68.0 attorney hours, which represents a total of $17,132.50 of attorney's fees and $1,789.50 of paralegal's fees. The hourly rates reflected above are 76% of Michael Kranz' standard hourly rates, 93% of Christopher B. Cortez' standard hourly rates and 100% of paralegal's standard hourly rates. A copy of the billing records reflecting the time spent in representing the Plaintiff in this action is attached hereto. 4. Plaintiff has agreed to pay the firm of Jones, Foster, Johnston & Stubbs, E. the hourly rates shown above for attorney time and paralegal time. Michael T. Kranz Florida Bar No. 351180 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoin Affidavt was sworn to, subscribed, and acknowledged before me this Al day of , 2010, by Michael T. Kranz. He is personally known to me. Notary Public Print Name: Donna o DONNA STUMM Cernittit:o, OD 822S64 tee:. Oacoer 2t1t2 3 •••••D, EFTA01112246 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) My commission expires: I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, ■., 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, ■., 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this fday of December, 2010. JONES, FOSTER, JOHNSTON & STUBBS, ■. Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 By: 7 16 - Michael T. Kranz Florida Bar No: 35118 mkranz P:IDOCS V1130410010ZPLD11776785.DOC 3 EFTA01112247 Jones. Foster. Johnston & Stubbs.k. Run: 12/10/2010 11:13:00 AM Matter Ledger Report 1/1/1970 to 12/10/2010 Page 1 File: MLDGR Code Name Inll Atty MTK MICHAEL T. KRANZ Client 11304 PNC Bankit. fka National City Bank fka Fidelity Bill Atty MTK MICHAEL T. KRANZ Matter 00102 National City v. Hardman Development Corp. Resp Atty MTK MICHAEL T. KRANZ Unbilled Time Code Name Date Code Hours $ Value Task Ref # Text t4TK MICHAEL T. KRANZ 10/07/10 B 0.10 30.00 19C0078 RECEIVE AND REVIEW EMAIL FROM SHAWN KOHL AND PREPARE EMAIL TOP SHAWN KOHL. MTK MICHAEL T. KRANZ 11/10/10 B 0.20 60.00 19L5299 TELEPHONE CONFERENCE WITH SHAWN KOHL. MTK MICHAEL T. KRANZ 12/08/10 B 0.50 150.00 19R8093 PREPARE AND REVIEW MOTION FOR FINAL JUDGMENT OF FORECLOSURE. MTK MICHAEL T. KRANZ 12/08/10 B 0.30 90.00 19R8095 PREPARE AND REVIEW AFFIDAVIT OF SHAWN KOHL. MTK MICHAEL T. KRANZ 12/08/10 B 0.20 60.00 19R8097 CORRESPONDENCE TO SHAWN KOHL. MTK MICHAEL T. KRANZ 12/08/10 B 0.10 30.00 19R8100 PREPARE AND REVIEW ATTORNEY FEE AFFIDAVIT. MTK MICHAEL T. KRANZ 12/08/10 B 0.10 30.00 19R8101 PREPARE AND REVIEW AFFIDAVIT OF PETER BERNHARDT. MTK MICHAEL T. KRANZ 12/08/10 B 0.50 150.00 19R8105 PREPARE AND REVIEW FINAL JUDGMENT. MTK MICHAEL T. KRANZ 12/08/10 B 0.20 60.00 19R8106 PREPARE AND REVIEW NOTICE TO SET CASE FOR TRIAL. Billable 2.20 660.00 Non-Billable 0.00 0.00 Suppressable 0.00 0.00 Total 2.20 660.00 Billed Time Code Name Date Code Hours $ Value Task Ref # Text MTK MICHAEL T. KRANZ 10/09/08 B 0.40 120.00 1440885 INITIAL REVIEW & SETUP MTK MICHAEL T. KRANZ 10/16/08 B 0.10 30.00 1448113 TELEPHONE CONFERENCE WITH BRANDT HARDY MTK MICHAEL T. KRANZ 10/30/08 8 0.10 30.00 1477811 REVIEW FILE MTK MICHAEL T. KRANZ 10/30/08 B 0.10 30.00 1477845 RECEIVE AND REVIEW E-MAIL FROM CLAUDIA MURPHY MTK MICHAEL T. KRANZ 11/17/08 B 1.20 360.00 14D4529 REVIEW LOAN DOCUMENTS: TELEPHONE CONFERENCE WITH CLAUDIA MURPHY; CORRESPONDENCE TO BORROWER AND GUARANTORS: CORRESPONDENCE TO CLAUDIA MURPHY: CORRESPONDENCE TO LAURA MCNEIL. MTK MICHAEL T. KRANZ 11/17/08 B 0.10 30.00 14D4677 RECEIVE AND REVIEW EMAIL FROM CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 11/18/08 B 0.20 60.00 14D7549 RECEIVE AND REVIEW EMAIL FROM CLAUDIA MURPHY; CORRESPONDENCE TO HARDMAN DEVELOPMENT. MTK MICHAEL T. KRANZ 11/18/08 B 0.10 30.00 14D7567 RECEIVE AND REVIEW EMAILS FROM CLAUDIA MURPHY AND PREPARE EMAILS TO CLAUDIA MURPHY. LKM LAURA MCNEILL-PARA 11/19108 B 0.80 108.00 14E7819 RECEIVE AND REVIEW EMAIL FROM M. KRANZ; PREPARE AND REVIEW TAX SEARCHES LKM LAURA MCNEILL-PARA 11/25/08 B 0.40 54.00 14F5195 PREPARE AND REVIEW TITLE SEARCH MTK MICHAEL T. KRANZ 12/01/08 B 0.10 30.00 1461623 RECEIVE AND REVIEW LETTER FROM TRENT STEELE MTK MICHAEL T. KRANZ 12/04/08 B 0.10 30.00 1466597 RECEIVE AND REVIEW E-MAIL FROM CLAUDIA MURPHY AND PREPARE E-MAIL TO CLAUDIA MURPHY MTK MICHAEL T. KRANZ 12/04/08 B 0.20 60.00 1466601 TELEPHONE CONFERENCE WITH CLAUDIA MURPHY MTK MICHAEL T. KRANZ 12/05/08 B 0.10 30.00 1467241 PREPARE AND REVIEW STATUS REPORT MTK MICHAEL T. KRANZ 12/05/08 B 0.10 30.00 14H0787 TELEPHONE CONFERENCE WITH TRENT STEELE MTK MICHAEL T. KRANZ 12/05/08 B 0.10 30.00 14H0928 PREPARE MEMO MTK MICHAEL T. KRANZ 12/05/08 B 0.10 30.00 14H1034 TELEPHONE CONFERENCE WITH TRENT STEELE MTK MICHAEL T. KRANZ 12/08/08 B 0.20 so.00 14H4791 RECEIVE AND REVIEW LETTER FROM MICHAEL HARDMAN; CORRESPONDENCE TO CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 12/10/08 B 0.10 30.00 14148798 PREPARE MEMO TO CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 12/10/08 B 0.10 30.00 14H8858 OFFICE CONFERENCE WITH CLAUDIA MURPHY. EFTA01112248 Jones, Foster, Johnston 8 Stubbs. al Run: 12/10/2010 11:13'00 AM Matter Ledger Report 1/1/1970 to 12/10/2010 Page 2 File: MLDGR Code Name Ink Atty MTK MICHAEL T. KRANZ Client 11304 PNC Bank,. fka National City Bank fife Fidelity Bill Atty MTK MICHAEL T. KRANZ Matter 00102 National City v. Hardman Development Corp. Resp Atty MTK MICHAEL T. KRANZ Billed Time Code Name Date Code Hours Value Task Ref # Text LKM LAURA MCNEILL-PARA 12/17/08 B 2.00 270.00 14K3505 PREPARE AND REVIEW MEMO TO M. KRANZ: REVIEW DOCKET SHEET RE. STATUS OF LAWSUIT • NOTICE OF LIS PENDENS FILED BY REIJO LAHTEENMAKI AND MARITA LAHTEENMAKI V. ABEL ECHEMENDIA, LUCY ECHEMENDIA, MICHAEL HARDMAN, STEPHEN R. ALEXANDER: OFFICE CONFERENCE WITH M. KRANZ: REVIEW DEEDS CONVEYING PROPERTY TO BORROWER MTK MICHAEL T. KRANZ 12/18/08 B 0.10 30.00 14K4022 TELEPHONE CONFERENCE WITH CLAUDIA MURPHY. LKM LAURA MCNEILL-PARA 12/18/08 B 1.20 162.00 14L8630 MEMO TO M. KRANZ RE: TITLE SEARCH, JUDGMENT SEARCHES, TAX SEARCHES, CODE ENFORCEMENT LIEN - VILLAGE OF PALM SPRINGS MTK MICHAEL T. KRANZ 12/19/08 B 0.20 60.00 14K5747 REVIEW TITLE SEARCH LKM LAURA MCNEILL-PARA 12/19/08 B 0.20 27.00 14K9664 CORRESPONDENCE TO FIDELITY NATIONAL TITLE RE: MORTGAGEE TITLE POLICY LKM LAURA MCNEILL-PARA 12/19/08 B 0.30 40.50 14L8670 CORRESPONDENCE TO FIDELITY NATIONAL TITLE RE: LOAN TITLE INSURANCE POLICY; CORRESPONDENCE FROM NAT CITY LKM LAURA MCNEILL-PARA 12/23/08 B 0.70 94.50 14K9866 CORRESPONDENCE TO MARY BERNER • FIDELITY NATIONAL TITLE RE: MORTGAGEE TITLE POLICY: TELEPHONE CONFERENCE WITH BILL SNYDER, ATTORNEYS' TITLE INSURANCE FUND RE: PRIORITY OF CODE ENFORCEMENT LIEN: REVIEW STATUTE MTK MICHAEL T. KRANZ 12/24/08 B 0.10 30.00 14L4328 REVIEW APPRAISAL OF PROPERTY. MTK MICHAEL T. KRANZ 12/24/08 B 0.10 30.00 14L4330 OFFICE CONFERENCE WITH LAURA MCNEIL. LKM LAURA MCNEILL-PARA 12/24/08 B 0.20 27.00 14L8633 TELEPHONE CONFERENCE WITH BILL SNYDER AND JOHN BENSON. ESQ. (ATTORNEYS' TITLE INSURANCE FUND) RE: VILLAGE OF PALM SPRINGS CODE ENFORCEMENT LIEN MTK MICHAEL T. KRANZ 12/26/08 8 0.20 60.00 14L4358 RESEARCH PROPERTY ORDINANCES. MTK MICHAEL T. KRANZ 01/08/09 B 0.10 30.00 14P9858 PREPARE AND REVIEW STATUS REPORT. MTK MICHAEL T. KRANZ 01/21/09 B 2.10 630.00 14T3294 REVIEW LOAN DOCUMENTS, TITLE SEARCH, FORECLOSURE TITLE COMMITMENT, PREPARE FORECLOSURE COMPLAINT, PREPARE SUMMONS. PREPARE LIS PENDENS AND PREPARE EMAIL TO SIEVEKING. LKM LAURA MCNEILL-PARA 01/22/09 8 0.30 40.50 14T5284 RECEIVE AND REVIEW TITLE UPDATE FROM ATTORNEYS' TITLE INSURANCE FUND; MEMORANDUM TO M. KRANZ MTK MICHAEL T. KRANZ 01/22/09 B 0.10 30.00 14V2173 REVIEW UPDATE ON TITLE SEARCH. CFS CINDY SKWIERC-PARA 01/23/09 B 1.00 135.00 1417234 REVIEW TITLE AND LKM CORRESPONDENCE WITH JOHN BENSON AT ATTORNEYS' TITLE; DRAFT AFFIDAVIT RE HARDMAN PROPERTY MTK MICHAEL T. KRANZ 01/27/09 B 0.30 90.00 14V2368 RECEIVE AND REVIEW EMAIL FROM CLAUDIA MURPHY; OUTSIDE CONFERENCE WITH GARY SIEVEKING AND CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 01/28/09 B 0.10 30.00 14V3473 CORRESPONDENCE TO CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 01/28/09 8 0.10 30.00 14V3481 CORRESPONDENCE TO CLAUDIA MURPHY. MTK MICHAEL T. KRANZ 01/30/09 B 0.20 60.00 14V7331 OUTSIDE CONFERENCE WITH GARY SIEVEKING AND MTK MICHAEL T. KRANZ 01130/09 B 0.70 210.00 14V7336 CLAUDIA MURPHY OUTSIDE CONFERENCE WITH TRENT STEELE, MIKE HARDMAN. GARY SIEVEKING AND CLAUDIA MURPHY MTK MICHAEL T. KRANZ 01/30/09 0.20 60.00 14V7337 OUTSIDE CONFERENCE WITH GARY SIEVEKING AND CLAUDIA MURPHY MTK MICHAEL T. KRANZ 01/30/09 B 0.20 60.00 14V7348 OUTSIDE CONFERENCE WITH GARY SIEVEKING AND CLAUDIA MURPHY MTK MICHAEL T. KRANZ 02/05109 B 0.10 30.00 14X3630 PREPARE AND REVIEW STATUS REPORT. MTK MICHAEL T. KRANZ 02/05/09 B 0.10 30.00 14X3741 CORRESPONDENCE TO GARY SIEVEKING. MTK MICHAEL T. KRANZ 02/06/09 B 0.20 60.00 14Y1433 TELEPHONE CONFERENCE WITH GARY SIEVEKING: RECEIVE AND REVIEW EMAIL FROM STEVEN PAIGE AND SEND EMAIL TO STEVEN PAIGE. MTK MICHAEL T. KRANZ 02/11/09 B 0.10 30.00 14Y4166 TELEPHONE CONFERENCE WITH MARY WHEELER AT TRENT STEELE'S OFFICE. EFTA01112249 Jones. Foster. Johnston 8 Stubbs. • Run: 12/10/2010 11:13:00 AM Matter Ledger Report 1/1/1970 to 12/10/2010 Page 3 File: MLDGR Code Name Mit Atty MTK MICHAEL T. KRANZ Client 11304 PNC Bank, ■ fka National City Bank Ike Fidelity Bill Atty MTK MICHAEL T. KRANZ Matter 00102 National City v. Hardman Development Corp. Resp Atty MTK MICHAEL T. KRANZ Billed Time Code Name Date Code Hours $ Value Task Ref It Text MTK MICHAEL T. KRANZ 02/17/09 B 0.20 60.00 14Z6414 RECEIVE AND REVIEW LETTER FROM TRENT STEELE: CORRESPONDENCE TO GARY SIEVEKING. MTK MICHAEL T. KRANZ 02/19/09 B 0.10 30.00 1501804 RECEIVE AND REVIEW E-MAIL FROM GARY SIEVEKING AND PREPARE E-MAIL TO GARY SIEVEKING MTK MICHAEL T. KRANZ 02/24/09 B 0.10 30.00 1509371 CORRESPONDENCE TO GARY SIEVEKING. MTK MICHAEL T. KRANZ 02/24/09 B 0.10 30.00 1509375 TELEPHONE CONFERENCE WITH GARY SIEVEKING. MTK MICHAEL T. KRANZ 03/17/09 H 0.00 0.00 1559134 TELEPHONE CONFERENCE WITH SHAWN WALLACE. MTK MICHAEL T. KRANZ 05/26/09 B 0.10 30.00 15R0742 RECEIVE AND REVIEW E-MAIL FROM TRENT STEELE AND PREPARE E-MAIL TO GARY SIEVEKING MTK MICHAEL T. KRANZ 05/27/09 B 0.10 30.00 15R0757 RECEIVE AND REVIEW E-MAIL FROM GARY SIEVEKING AND PREPARE E-MAIL TO GARY SIEVEKING MTK MICHAEL T. KRANZ 05/27709 B 0.10 30.00 15R0779 RECEIVE AND REVIEW E-MAILS FROM GARY SIEVEKING MIX MICHAEL T. KRANZ 05/27/09 B 0.10 30.00 15R0780 CORRESPONDENCE TO TRENT STEELE MTK MICHAEL T. KRANZ 06/08/09 B 0.10 30.00 15U5032 RECEIVE AND REVIEW EMAIL FROM GARY SIEVEKING. MTK MICHAEL T. KRANZ 06/08/09 B 0.10 30.00 15U5033 RECEIVE AND REVIEW EMAIL FROM GARY SIEVEKING AND PREPARE EMAIL TO GARY SIEVEKING. MTK MICHAEL T. KRANZ 06/12/09 B 0.10 30.00 15W1589 RECEIVE AND REVIEW EMAIL FROM D. RUISH AND PREPARE EMAIL TO D. RUISH. MTK MICHAEL T. KRANZ 06/15/09 B 0.10 30.00 15W1968 REVIEW FILE. MTK MICHAEL T. KRANZ 06/15/09 8 0.10 30.00 15W1970 TELEPHONE CONFERENCE WITH DAVID RUISCH. MTK MICHAEL T. KRANZ 06/17/09 B 0.10 30.00 15X0361 TELEPHONE CONFERENCE WITH DAVID RUISCH. LKM LAURA MCNEILL-PARA 06/18/09 B 0.20 28.00 15X6709 CORRESPONDENCE TO ATTORNEYS' TITLE INSURANCE FUND RE : REQUEST TITLE UPDATE LKM LAURA MCNEILL-PARA 06/19/09 B 0.70 98.00 15X6706 RECEIVE AND REVIEW TITLE UPDATE FROM ATTORNEYS' TITLE INSURANCE FUND; PREPARE AND REVIEW UPDATED ENTITY, JUDGMENT, FEDERAL TAX LIEN AND UCC SEARCHES; MEMO TO TO M. KRANZ MTK MICHAEL T. KRANZ 06/22/09 B 0.10 30.00 15Y3009 PREPARE AND REVIEW COMPLAINT. MTK MICHAEL T. KRANZ 06/22/09 B 0.10 30.00 15Y3010 REVIEW UPDATED TITLE RESEARCH. MTK MICHAEL T. KRANZ 06/22/09 0.10 30.00 15Y3011 CORRESPONDENCE TO DAVID RUISCH. MTK MICHAEL T. KRANZ 07/20/09 0.10 30.00 1653768 RECEIVE AND REVIEW EMAIL FROM D. RUISCH. LKM LAURA MCNEILL-PARA 07/22/09 1.00 140.00 1662501 PREPARE AND REVIEW TITLE UPDATE AND UPDATED UCC, LIEN, REAL ESTATE TAX AND FEDERAL TM LIEN SEARCHES: MEMO TO M. KRANZ: CORRESPONDENCE TO ATTORNEYS' TITLE INSURANCE FUND RE: REQUEST TITLE UPDATE LKM LAURA MCNEILL-PARA 07/23/09 B 0.40 56.00 1662506 RECEIVE AND REVIEW UPDATED TITLE COMMITMENT: MEMO TO MTK MTK MICHAEL T. KRANZ 08/03/09 B 0.10 30.00 1685084 RECEIVE AND REVIEW ANSWER OF VILLAGE OF PALM SPRINGS. MTK MICHAEL T. KRANZ 08/12/09 B 0.10 30.00 1682163 RECEIVE AND REVIEW RETURN OF SERVICE ON JULIE HARDMAN, MICHAEL HARDMAN, AND HARDMAN DEVELOPMENT AND STEVEN ALEXANDER. MTK MICHAEL T. KRANZ 08/14/09 8 0.10 30.00 1689719 RECEIVE AND REVIEW EMAIL FROM TRENT STEELE AND PREPARE EMAIL TO TRENT STEELE MTK MICHAEL T. KRANZ 08/14/09 B 0.10 30.00 1689739 RECEIVE AND REVIEW DEFENDANTS' MOTION TO ENLARGE TIME. EFTA01112250 Jones, Foster, Johnston & Stubbs. F. Run: 12/10/2010 11:13:00 AM Page 4 File: MLDGR Matter Ledger Report 1/1/1970 to 12/10/2010 Code Name hit My MTK MICHAEL T. KRANZ Client 11304 PNC Bank, alfka National City Bank fka Fidelity Bill Atty MIX MICHAEL T. KRANZ (Matter 00102 National. City v. Hardman Development Corp. Resp Atty MTK MICHAEL T. KRANZ Billed Time Code Name Date Code Hours $ Value Task Ref # Text CBC CHRISTOPHER B. CORT 08/26/09 B 2.40 480.00 161)5053 RECEIVE AND REVIEW ASSIGNMENT FROM M. KRANZ RE REVIEW MOTION TO DISMISS, RESEARCH IN OPPOSITION TO MOTION TO DISMISS. AND DRAFT NONRESIDENT COST BOND: RESEARCH STANDING ISSUE RAISED IN MOTION TO DISMISS RE WHETHER OR NOT NATIONAL CITY BANK NEEDS TO ATTACH DOCUMENTS EVIDENCING SUCCESSOR IN INTEREST STATUS TO COMPLAINT: LAWDESK RESEARCH RE SAID ISSUE; REVIEW/ANALYZE DEFENDANTS MOTION TO DISMISS AND CASES CITED BY OPPOSING COUNSEL: DRAFT NONRESIDENT COST BOND AND LETTER TO CLERK OF THE COURT; DRAFT RESEARCH MEMORANDUM TO M KRANZ RE STANDING ISSUES; SUBMIT RESEARCH MEMORANDUM AND NONRESIDENT COST BOND TO M. KRANZ FOR REVIEW; RECEIVE COMMENTS FROM M. KRANZ: SUBMIT NONRESIDENT COST BOND FOR FILING. MTK MICHAEL T. KRANZ 08/26/09 B 0.10 30.00 1606864 RECEIVE AND REVIEW EMAIL FROM TRENT STEELE. MTK MICHAEL T. KRANZ 08/26/09 B 0.10 30.00 16D6865 CORRESPONDENCE TO DAVID RUISCH. MIX MICHAEL T. KRANZ 08/27/09 B 0.10 30.00 16E0897 RECEIVE AND REVIEW LETTER FROM MARK CULLEN AND MOTION FOR EXTENSION OF TIME. MTK MICHAEL T. KRANZ 08/27/09 B 0.10 30.00 16E0900 CORRESPONDENCE TO MARK CULLEN. MTK MICHAEL T. KRANZ 08/27/09 B 0.10 30.00 16E2525 PREPARE AND REVIEW NOTICE OF HEARING ON MOTION TO DISMISS. MTK MICHAEL T. KRANZ 08/27/09 B 0.10 30.00 16E2549 PREPARE AND REVIEW ORDER GRANTING EXTENSION OF TIME. MTK MICHAEL T. KRANZ 08/31/09 B 0.10 30.00 16E7529 RECEIVE AND REVIEW EMAIL FROM CULLEN LAW FIRM. MTK MICHAEL T. KRANZ 08/31/09 B 0.10 30.00 16E7852 CORRESPONDENCE TO JUDGE SASSER. LKM LAURA MCNEILL-PARA 09/01/09 B 0.30 42.00 16F0308 RESEARCH PALM BEACH COUNTY PUBLIC RECORDS FOR RECORDS NOTICE OF LIS PENDENS: MEMO TO M. KRANZ; CORRESPONDENCE TO ATTORNEYS' TITLE REQUESTING TITLE UPDATE LKM LAURA MCNEILL-PARA 09/03/09 B 0.30 42.00 1661957 RECEIVE AND REVIEW TITLE UPDATE: MEMO TO M. KRANZ LKM LAURA MCNEILL-PARA 09/03/09 B 0.20 28.00 16G3572 RECEIVE AND REVIEW TITLE UPDATE; CORRESPONDENCE TO ATTORNEYS' TITLE LKM LAURA MCNEILL-PARA 09/08/09 B 0.20 28.00 1606334 MEMO TO M. KRANZ RE: TITLE UPDATE CBC CHRISTOPHER B. COR7 09/17/09 0.70 140.00 1618383 RECEIVE AND REVIEW ASSIGNMENT FROM M. KRANZ RE RESEARCH IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, PREPARE ORDER DISMISSING MOTION TO DISMISS. AND ATTEND HEARING IN FRONT OF JUDGE SASSER ON DEFENDANTS' MOTION TO DISMISS: REVIEW DEFENDANTS MOTION TO DISMISS AND GROUNDS ASSERTED BY DEFENDANTS IN SAID MOTION. MTK MICHAEL T. KRANZ 09/17/09 B 0.10 30.00 16J1394 RECEIVE AND REVIEW HARDMAN'S MOTION TO DISMISS. CBC CHRISTOPHER B. CORT 09/21/09 B 2.00 400.00 16J5484 RESEARCH RE DEFENDANTS MOTION TO DISMISS AND CASE LAW CITED BY DEFENDANT IN SAID MOTION; LAWDESK RESEARCH RE SAID ISSUES, WESTLAW RESEARCH RE SAID ISSUES. MTK MICHAEL T. KRANZ 09/21/09 B 0.20 60.00 16J6313 TELEPHONE CONFERENCE WITH DERRICK BOURGEAULT. CBC CHRISTOPHER B. CORT 09/22/09 2.20 440.00 16J5870 PREPARE FOR HEARING ON DEFENDANTS MOTION TO DISMISS: APPEAR FOR/ATTEND HEARING IN FRONT OF JUDGE SASSER ON DEFENDANTS MOTION TO DISMISS; EMAIL CORRESPONDENCE TO M. KRANZ RE HEARING. CBC CHRISTOPHER B. CORT 09/23/09 B 0.30 60.00 16J9019 REVIEW MOTION TO DISMISS HEARING AND AMENDED COMPLAINT ISSUES WITH M. KRANZ; RECEIVE AND REVIEW ASSIGNMENT FROM M. KRANZ RE PREPARING AMENDED COMPLAINT; EMAIL CORRESPONDENCES TO L. POWELL AND M. HALLEY RE ALLEGING SUCCESSOR BY MERGER CARRYING FORWARD. EFTA01112251 Jones. Foster, Johnston & Stubbs. Run: 12/10/2010 11:13:00 AM Page 5 File: MLDGR Matter Ledger Report 1/1/1970 to 12/10/2010 Code Name Client 11304 PNC Bank, la fka National City Bank fka Fidelity Matter 00102 National City v. Hardman Development Corp. Mit Ally MTK MICHAEL T. KRANZ Bill Atty MTK MICHAEL T. KRANZ Reap Atty MTK MICHAEL T. KRANZ Billed Time Code Name Date Code Hours S Value Task Ref it Text MTK MICHAEL T. KRANZ 09/23/09 8 0.10 30.00 16K1440 RECEIVE AND REVIEW EMAIL FROM DEREK BOURGEAULT. MTK MICHAEL T. KRANZ 09/23/09 B 0.10 30.00 161(1445 RECEIVE AND REVIEW EMAIL FROM CHRIS CORTEZ AND PREPARE EMAIL TO CHRIS CORTEZ. CBC CHRISTOPHER B. CORT 09/24/09 B 0.30 60.00 16K3595 REVIEW LETTER FROM COMPTROLLER OF CURRENCY RE MERGER DATE OF NATIONAL CITY AND FIDELITY; REVIEW NECESSITY OF ATTACHING SAID LETTER TO COMPLAINT; RECEIVE AND REVIEW RESEARCH ASSIGNMENT FROM M. KRANZ RE PRIORITY OF VILLAGE OF PALM SPRINGS CODE ENFORCEMENT LIEN. MTK MICHAEL T. KRANZ 09/24/09 B 0.20 60.00 167(5188 CORRESPONDENCE TO DEREK BOURGEAULT. CBC CHRISTOPHER B. CORT 09/25/09 8 3.90 780.00 161(4579 RESEARCH RE PRIORITY OF VILLAGE OF PALM SPRINGS CODE ENFORCEMENT LIEN; RESEARCH VILLAGE OF PALM SPRINGS MUNICIPAL CODE RE SUPER•PRIORITY LANGUAGE: LAWDESK RESEARCH RE SAME; DRAFT RESEARCH MEMORANDUM RE CODE ENFORCEMENT LIEN INFERIOR TO MORTGAGE DUE TO LACK OF SUPER•PRIORITY LANGUAGE: SUBMIT MEMORANDUM AND CASE LAW TO M. KRANZ FOR REVIEW AND COMMENTS. CBC CHRISTOPHER B. CORT 09/28/09 B 0.90 180.00 16K7081 DRAFT PLAINTIFFS AMENDED COMPLAINT; DRAFT MEMO TO M. KRANZ RE AMENDMENTS TO COMPLAINT; SUBMIT AMENDED COMPLAINT AND MEMORANDUM TO M. KRANZ FOR REVIEW AND COMMENTS. MTK MICHAEL T. KRANZ 09/28/09 8 0.20 60.00 16K9248 REVIEW RESEARCH ON PRIORITY OF VILLAGE OF PALM SPRINGS LIEN. MTK MICHAEL T. KRANZ 09/28/09 B 0.10 30.00 161(9473 RECEIVE AND REVIEW EMAIL FROM DEREK BOURGEAULT. MTK MICHAEL T. KRANZ 09/28/09 B 0.10 30.00 16K9479 CORRESPONDENCE TO DEREK BOURGEAULT. MTK MICHAEL T. KRANZ 09/29/09 B 0.20 60.00 16L0851 PREPARE AND REVIEW AMENDED COMPLAINT. MTK MICHAEL T. KRANZ 10/07/09 8 0.10 30.00 16M9227 RECEIVE AND REVIEW VILLAGE OF PALM SPRINGS ANSWER. MTK MICHAEL T. KRANZ 10/07/09 B 0.10 30.00 16M9810 RECEIVE AND REVIEW EMAIL FROM DEREK BOURGEAULT. MTK MICHAEL T. KRANZ 10/07/09 B 0.10 30.00 16M9835 PREPARE AND REVIEW EMAIL TO DERECK BOURGEAULT. MTK MICHAEL T. KRANZ 10/20/09 B 0.20 60.00 16P5191 TELEPHONE CONFERENCE WITH DERECK BOURGEAULT. MTK MICHAEL T. KRANZ 10/20/09 B 0.20 60.00 16P5624 RECEIVE AND REVIEW ALEXANDER'S MOTION TO DISMISS. CBC CHRISTOPHER B. CORI 10/21/09 B 0.10 20.00 161'6588 RECEIVE AND REVIEW RESEARCH ASSIGNMENT FROM M. KRANZ FOR MOTION TO DISMISS RE SUCCESSOR BY MERGER ACQUIRES ALL INTERESTS AND RIGHTS FROM THE MERGING ENTITY. CBC CHRISTOPHER B. CORT 10/22/09 8 2.80 560.00 16P8951 RESEARCH RE SUCCESSOR BY MERGER FOR MOTION TO DISMISS: LAWDESK RESEARCH RE SAID ISSUE; STATUTORY RESEARCH RE SAID ISSUE. CBC CHRISTOPHER B. CORT 10/23/09 B 2.30 460.00 16P9875 RESEARCH MOTION TO DISMISS RE STATUTES COVERING MERGER OF FINANCIAL INSTITUTIONS AND SUCCESSOR BANK ACQUIRING ALL RIGHT, TITLE, AND INTEREST TO PRIOR BANKS ASSETS AND LIABILITIES: DRAFT RESEARCH MEMORANDUM TO M. KRANZ RE ABOVE ISSUES; SUBMIT RESEARCH MEMORANDUM AND RESEARCH TO M. KRANZ FOR REVIEW AND COMMENTS. MTK MICHAEL T. KRANZ 10/26/09 B 0.10 30.00 1607878 RESEARCH SUCCESSOR BY MERGER. MTK MICHAEL T. KRANZ 10/28/09 8 0.20 60.00 16R3490 PREPARE AND REVIEW MOTION FOR DEFAULT AGAINST HARDMAN DEVELOPMENT. MTK MICHAEL T. KRANZ 10/28/09 8 0.10 30.00 16R3492 PREPARE AND REVIEW ORDER GRANTING DEFAULT. MTK MICHAEL T. KRANZ 11/05/09 B 0.20 60.00 16T3530 TELEPHONE CONFERENCE WITH DERECK BOURGEAULT. EFTA01112252 Jones. Foster. Johnston & Stubbs Run: 12/1072010 11:13:00AM Matter Ledger Report 1/1/1970 to 12/10/2010 Page 6 File: MLDGR Code Name Client 11304 PNC Banka.. fka National City Bank Wa Fidelity Matter 00102 National City v. Hardman Development Corp. Init Atty MTK MICHAEL T. KRANZ Bill Any MIK MICHAEL T. KRANZ Rasp Atty MIK MICHAEL T. KRANZ Billed Time Code Name Date Code Hours Value Task Ref # Text MTK MICHAEL T. KRANZ 11/05/09 B 0.10 30.00 161-3534 RECEIVE AND REVIEW EMAIL FROM DERECK BOURGEAULT AND PREPARE EMAIL TO DERECK BOURGEAULT. MTK MICHAEL T. KRANZ 11/09/09 B 0.20 60.00 164)2798 PREPARE FOR MOTION TO DISMISS AMENDED COMPLAINT. MTK MICHAEL T. KRANZ 11/09109 B 0.20 60.00 16U2803 PREPARE AND REVIEW ORDER DENYING MOTION TO DISMISS. CBC CHRISTOPHER B. CORT 11/10/09 B 0.90 180.00 1601683 RECEIVE AND REVIEW ASSIGNMENT FROM M. KRANZ RE REVIEW REQUESTS FOR PRODUCTION AND PREPARE RESPONSES TO SAID REQUESTS: REVIEW CORRESPONDENCE FILE AND PLEADING FILE; RECEIVE AND REVIEW DEFENDANTS REQUESTS FOR PRODUCTION; RESEARCH RE POSSIBLE OBJECTIONS TO SAID REQUESTS. MTK MICHAEL T. KRANZ 11/10/09 B 0.40 120.00 161)8015 PREPARE FOR MOTION TO DISMISS HEARING. MIK MICHAEL T. KRANZ 11/10/09 B 1.40 420.00 1608016 COURT APPEARANCE FOR HARDMAN'S MOTION TO DISMISS. MTK MICHAEL T. KRANZ 11/10/09 B 0.20 60.00 1609050 PREPARE AND REVIEW MOTION FOR EXTENSION OF TIME TO REPSOND TO ALEXANDER'S REQUEST TO PRODUCE. MTK MICHAEL T. KRANZ 11/10/09 B 0.20 60.00 16U9052 PREPARE AND REVIEW ORDER GRANTING EXTENSION OF TIME. MTK MICHAEL T. KRANZ 11/10/09 B 0.10 30.00 1609053 CORRESPONDENCE TO TRENT STEELE MTK MICHAEL T. KRANZ 11/10/09 0.10 30.00 1609074 CORRESPONDENCE TO DEREK BOURGEAULT. CBC CHRISTOPHER B. CORT 11/12/09 B 5.10 1.020.00 16V0084 CONFER WITH M. KRANZ RE OBJECTIONS TO REQUESTS; REVIEW/ANALYZE COMPLAINT IN CONJUNCTION WITH DEFENDANT'S REQUEST FOR PRODUCTIONS: REVIEW/ANALYZE DOCUMENTS PROVIDED BY NATIONAL CITY IN RESPONSE TO REQUESTS: DRAFT AND PREPARE RESPONSES AND OBJECTIONS TO DEFENDANTS FIRST REQUEST FOR PRODUCTION. CBC CHRISTOPHER B. CORT 11/13/09 B 1.70 340.00 16V1092 CONTINUE REVIEW/ANALYZE DOCUMENTS PRODUCED; CONTINUE DRAFT/PREPARE PLAINTIFFS RESPONSE TO DEFENDANT ALEXANDER'S FIRST REQUEST FOR PRODUCTION. CBC CHRISTOPHER B. CORT 11/16/09 El 0.60 120.00 16V5315 REVIEW AND REVISE DRAFT OBJECTIONS/RESPONSES TO DEFENDANT ALEXANDER REQUEST FOR PRODUCTION; DRAFT MEMORANDUM TO M. KRANZ RE OBJECTIONS AND ADDITIONAL DOCUMENTS TO REQUEST FROM NATIONAL CITY; SUBMIT DRAFT RESPONSE AND MEMORANDUM TO M. KRANZ FOR REVIEW AND COMMENTS. MTK MICHAEL T. KRANZ 11/17/09 8 0.10 30.00 16W2376 RECEIVE AND REVIEW HARDMAN'S RESPONSE TO REQUEST FOR PRODUCTION. MTK MICHAEL T. KRANZ 11/17/09 B 0.10 30.00 16W2377 RECEIVE AND REVIEW HARDMAN'S MOTION TO DISMISS COMPLAINT. MTK MICHAEL T. KRANZ 11/19/09 B 0.10 30.00 16W8577 PREPARE AND REVIEW NOTICE OF HEARING ON HARDMAN'S MOTION TO DISMISS. MTK MICHAEL T. KRANZ 11/19/09 B 0.10 30.00 16W8582 CORRESPONDENCE TO MARK CULLEN MTK MICHAEL T. KRANZ 11/19/09 0.60 180.00 16W8596 PREPARE AND REVIEW MEMO OF LAW IN OPPOSITION TO MOTION TO DISMISS. CBC CHRISTOPHER B. CORT 11/23/09 8 0.30 60.00 16X0052 TELEPHONE CONFERENCE WITH M. KRANZ RE RESPONSE TO DEFENDANT ALEXANDER'S FIRST REQUEST FOR PRODUCTION; RECEIVE AND REVIEW MEMORANDUM FROM M. KRANZ RE SAID RESPONSES AND OBJECTIONS; EMAIL CORRESPONDENCE TO M. KRANZ RE OBTAINING ADDITIONAL DOCUMENTS RESPONSIVE TO REQUEST FOR PRODUCTION. MTK MICHAEL T. KRANZ 11/23/09 B 0.90 270.00 16X4839 PREPARE AND REVIEW RESPONSE TO REQUEST FOR PRODUCTION FROM ALEXANDER. MIK MICHAEL T. KRANZ 11/24/09 B 0.20 60.00 16X8966 PREPARE AND REVIEW MEMORANDUM IN OPPOSITION TO HARDMAN'S MOTION TO DISMISS. MTK MICHAEL T. KRANZ 11/25/09 8 0.10 30.00 16Y0411 RECEIVE AND REVIEW LETTER FROM MARK CULLEN. EFTA01112253 Jones. Foster, Johnston & Stubbs., Run: 12110/2010 11:13:00 AM Matter Ledger Report 1/1/1970 to 12/10/2010 Page 7 File: MLDGR Code Name [ Client 11304 PNC Bank fka National City Bank flo Fidelity Matter 00102 National City v. Hardman Development Corp. MN Any MTK MICHAEL T. KRANZ Bill Atty MTK MICHAEL T. KRANZ Rasp Atty MTK MICHAEL T. KRANZ Billed Time Code Name Date Code Hours Value Task Ref It Text MTK MICHAEL T. KRANZ 11/25/09 B 0.10 30.00 16Y0415 PREPARE AND REVIEW RENOTICE HARDMAN'S MOTION TO DISMISS. CBC CHRISTOPHER B. C0RT 12/01/09 B 3.60 720.00 16Y4935 RECEIVE AND REVIEW COMMENTS FROM M. KRANZ RE OBJECTIONS AND RESPONSES TO REQUEST FOR PRODUCTION; REVIEW/ANALYZE FILED RESPONSES TO REQUEST FOR PRODUCTION FOR ADDITIONAL DOCUMENTS NEEDED TO BE PRODUCED: DRAFT AND SEND EMAIL CORRESPONDENCE TO D. BOURGEAULT RE ADDITIONAL DOCUMENTS RESPONSIVE TO REQUEST FOR PRODUCTION; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM D. BOURGEAULT RE ADDITIONAL DOCUMENTS; REVIEW/ANALYZE ADDITIONAL DOCUMENTS PRODUCED.. DRAFT MEMORANDUM TO M. KRANZ RE ADDITIONAL DOCUMENTS RESPONSIVE TO REQUEST FOR PRODUCTION AND STRATEGY MOVING FORWARD DRAFT AND SEND EMAIL CORRESPONDENCE TO DEREK BOURGEAULT RE ADDITIONAL DOCUMENTS AND FOLLOW UP; SUBMIT ADDITIONAL DOCUMENTS AND MEMORANDUM TO M. KRANZ FOR REVIEW AND COMMENTS. MTK MICHAEL T. KRANZ 12/01/09 B 0.10 30.00 1621147 REVIEW EMAIL TO DEREK BOURGEAULT. MTK MICHAEL T. KRANZ 12/02/09 B 0.20 60.00 16Y8507 RECEIVE AND REVIEW E-MAIL FROM MARK CULLEN AND E-MAIL TO MARK CULLEN CBC CHRISTOPHER B. CORT 12/02/09 B 0.30 60.00 16Y8651 RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM D. BOURGEAULT RE DOCUMENT REFLECTING PAYMENT HISTORY ON LOAN IN RESPONSE TO DEFENDANTS REQUEST FOR PRODUCTION: REVIEW DOCUMENT PRODUCED; REPLY EMAIL CORRESPONDENCE TO D. BOURGEAULT RE DOCUMENTS PRODUCED; EMAIL CORRESPONDENCE TO M. KRANZ RE ADDITIONAL DOCUMENTS RESPONSIVE TO DEFENDANT'S REQUEST FOR PRODUCTION. MTK MICHAEL T. KRANZ 12/03/09 B 0.10 30.00 1628512 REVIEW DOCUMENTS RESPONSE TO REQUEST TO PRODUCE. MTK MICHAEL T. KRANZ 12/03/09 B 0.10 30.00 1703627 RECEIVE AND REVIEW LETTER FROM CATHY CULLEN. MTK MICHAEL T. KRANZ 12/03/09 B 0.10 30.00 1703749 RECEIVE AND REVIEW LETTER FROM DEBORAH HAAS. MTK MICHAEL T. KRANZ 12/04/09 B 1.00 300.00 1703993 RESEARCH FLA. STAT 673.4191 AND 673.6051, RECEIVE AND REVIEW ANSWER AND AFFIRMATIVE DEFENSES OF STEPHEN ALEXANDER, PREPARE REPLY TO AFFIRMATIVE DEFENSES. CBC CHRISTOPHER B. CORT 12/07/09 B 0.10 20.00 1628108 ATTENTION TO EMAIL FROM LAW OFFICES OF TRENT STEELE RE DOCUMENTS RESPONSIVE TO REQUEST FOR PRODUCTION: RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM M. KRANZ RE ASSEMBLE SAID DOCUMENTS AND PREPARE FOR DELIVERY TO OPPOSING COUNSEL. MTK MICHAEL T. KRANZ 12/07/09 8 0.40 120.00 1704029 PREPARE AND REVIEW REPLY TO AFFIRMATIVE DEFENSES. MTK MICHAEL T. KRANZ 12/10/09 B 0.10 30.00 1710423 RECEIVE AND REVIEW ORDER ON MOTION TO DISMISS. MTK MICHAEL T. KRANZ 12/15/09 B 0.10 30.00 1729262 RECEIVE AND REVIEW EMAIL FROM DEREK BOURGEAULT. MTK MICHAEL T. KRANZ 12/15/09 B 0.10 30.00 1729263 CORRESPONDENCE TO MARK GITTELMAN. CBC CHRISTOPHER B. CORT 12/16/09 B 0.50 100.00 1721921 ATTENTION TO REQUESTS FOR PRODUCTION ISSUES RE PROVIDING RESPONSIVE DOCUMENTS TO T STEELE; EMAIL CORRESPONDENCE TO D. STEWART RE PREPARING DOCUMENTS FOR PRODUCTION CBC CHRISTOPHER B. CORT 12/17/09 B 0.20 40.00 1726194 REVIEW DEFENDANTS' PRODUCTION REQUESTS WITH M. KRANZ. CBC CHRISTOPHER B. CORT 12/16/09 B 0.60 120.00 1726313 REVIEW AND ASSEMBLE DOCUMENTS REQUESTED BY DEFENDANTS; SUBMIT RESPONSIVE DOCUMENTS TO D. STEWART FOR BATE STAMPING AND MAILING TO LAW OFFICES OF T. STEELE.. EFTA01112254 Jones, Foster, Johnston 8 Stubbs. • Run: 12/10/2010 11:13:00 AM Page 8 File: MLDGR Matter Ledger Report 1/1/1970 to 12/10/2010 1 Code Client 11304 Name PNC Bank, M. fka National City Bank fka Fidelity Init Any Bill Atty MTK MTK MICHAEL T. KRANZ MICHAEL T. KRANZ , Matter 00102 National City v. Hardman Development Corp. Resp Ally MTK MICHAEL T. KRANZ • Billed Time Code Name Date Code Hours $ Value Task Ref Text CBC CHRISTOPHER B. CORT 12/21109 B 0.50 100.00 1732245 ATTENTION TO PRODUCTION REQUESTS: OFFICE CONFERENCE WITH M. KRANZ RE CAC REPORTS: REVIEW CAC REPORTS WITH EYE TOWARDS WHETHER WE CAN CLAIM ANY PRIVILEGE OVER SAID REPORTS. MTK MICHAEL T. KRANZ 12/22/09 B 0.30 90.00 1736427 REVIEW DOCUMENTS PRODUCTION TO OPPOSING COUNSEL MTK MICHAEL T. KRANZ 01/07/10 B 0.30 90.00 1765526 RESEARCH FLA. STAT. 673.4191 AND 673 6051. MTK MICHAEL T. KRANZ 01/07/10 B 0.30 90.00 1765530 PREPARE AND REVIEW REPLY TO HARDMAN'S AFFIRMATIVE DEFENSES. MTK MICHAEL T. KRANZ 01/15/10 B 0.10 30.00 1718433 RECEIVE AND REVIEW HARDMAN'S MOTION TO DISMISS CROSS CLAIM. MTK MICHAEL T. KRANZ 04/23/10 B 0.10 30.00 17T4638 RECEIVE AND REVIEW EMAIL FROM DEREK BOURGEAULT AND PREPARE EMAIL TO DEREK. MTK MICHAEL T. KRANZ 06/22/10 B 0.10 30.00 1890901 RECEIVE AND REVIEW DEFENDANTS SECOND REQUEST FOR PRODUCTION. MTK MICHAEL T. KRANZ 06/22/10 B 0.10 30.00 1890903 CORRESPONDENCE TO DEREK BOURGEAULT. CBC CHRISTOPHER B. CORT 07/15/10 B 0.20 45.00 18F5891 REVIEW/SIGN MOTION AND ORDER RE EXTENSION OF TIME; REVIEW/SIGN LETTER TO JUDGE SASSER RE SAME. MSH MINDY HALLEY-PARA 07/15/10 8 1.00 140.00 18G0658 REVIEW FILE AND DEFENDANT ALEXANDER'S SECOND REQUEST TO PRODUCE, TELEPHONE CONFERENCE WITH ATTORNEY STEELE'S ASSISTANT CONCERNING EXTENSION, PREPARE MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY, PREPARE AGREED ORDER GRANTING MOTION FOR EXTENSION OF TIME, PREPARE LETTER TO JUDGE SASSER CONCERNING AGREEMENT FOR EXTENSION OF TIME, AND FORWARD DISCOVERY REQUEST TO BANK REPRESENTATIVE. MSH MINDY HALLEY-PARA 07/20/10 B 1.50 210.00 1804913 RECEIPT OF BANK DOCUMENTS PER SECOND REQUEST TO PRODUCE. BATES LABEL DOCUMENTS AND PREPARE RESPONSE TO DEFENDANT ALEXANDER'S SECOND REQUEST TO PRODUCE. MTK MICHAEL T. KRANZ 08/26/10 B 0.10 30.00 1900368 TELEPHONE CONFERENCE WITH MARK CULLENS OFFICE. MTK MICHAEL T. KRANZ 09/07/10 B 0.20 60.00 1927587 TELEPHONE CONFERENCE WITH SHAWN KOHL. CBC CHRISTOPHER B. CORI 09/08/10 B 0.30 67.50 1929133 ATTENTION TO EMAIL CORRESPONDENCE FROM M. KRANZ RE PRIORITY AS IT RELATES TO VILLAGE OF PALM SPRINGS CODE ENFORCEMENT LIENS; RESEARCH VILLAGE OF PALM SPRINGS CODE OF ORDINANCES: REVIEW EMAIL CHAIN SENT FROM CLIENT RE VILLAGE OF PALM SPRINGS LIENS; PREPARE AND SEND EMAIL CORRESPONDENCE TO M. KRANZ RE ABOVE; RECEIVE AND REVIEW EMAIL CORRESPONDENCES FROM M. KRANZ RE ABOVE. MTK MICHAEL T. KRANZ 09/08/10 B 1.30 390.00 1932784 PREPARE AND REVIEW MOTION FOR SUMMARY JUDGMENT. MTK MICHAEL T. KRANZ 09/08/10 B 0.20 60.00 1932785 CORRESPONDENCE TO SHAWN KOHL. MTK MICHAEL T. KRANZ 09/08/10 B 0.40 120.00 1932787 PREPARE AND REVIEW AFFIDAVIT OF SHAWN KOHL. MTK MICHAEL T. KRANZ 09/08/10 a 0.40 120.00 1932789 PREPARE AND REVIEW AFFIDAVIT OF MICHAEL KRANZ. MTK MICHAEL T. KRANZ 09/08/10 B 0.30 90.00 1932794 PREPARE AND REVIEW AFFIDAVIT OF PETER BERNHARDT. MTK MICHAEL T. KRANZ 09/08/10 B 0.20 60.00 1932796 OUTSIDE CONFERENCE WITH PETER BERNHARDT. MTK MICHAEL T. KRANZ 09/08/10 B 0.30 90.00 1932797 PREPARE AND REVIEW COST AFFIDAVIT. MTK MICHAEL T. KRANZ 09/08/10 B 0.20 60.00 1932799 PREPARE AND REVIEW NOTICE OF FILING ORIGINAL DOCUMENTS. MTK MICHAEL T. KRANZ 09/08/10 B 0.50 150.00 1932802 PREPARE AND REVIEW FINAL JUDGMENT. MTK MICHAEL T. KRANZ 09/08/10 B 0.20 60.00 1932806 PREPARE AND REVIEW NOTICE OF SALE. MTK MICHAEL T. KRANZ 09/08/10 a 0.20 60.00 1932808 PREPARE AND REVIEW CERTIFICATE OF TITLE. MTK MICHAEL T. KRANZ 09/08/10 B 0.20 60.00 1932811 PREPARE AND REVIEW CERTIFICATE OF DISBURSEMENTS. EFTA01112255 Jones, Foster, Johnston 8 Stubbs, Run: 12/10/2010 11:13:00 AM Matter Ledger Report 111/1970 to 12/10/2010 Page 9 File: MLDGR Code Name Client 11304 PNC Bank, M. Ike National City Bank fka Fidelity Matter 00102 National City v. Hardman Development Corp. Init Any MTK MICHAEL T. KRANZ Bill Atty MTK MICHAEL T. KRANZ Resp Atty M11( MICHAEL T. KRANZ Billed Time Code Name Date Code Hours Value Task Ref a Text MTK MICHAEL T. KRANZ 09/08/10 8 0.10 30.00 1932825 PREPARE AND REVIEW CERTIFICATE OF SALE. MTK MICHAEL T. KRANZ 09/08/10 B 0.20 60.00 1932837 TELEPHONE CONFERENCE WITH SHAWN KOHL MTK MICHAEL T. KRANZ 09/08/10 B 0.10 30.00 1932838 CORRESPONDENCE TO SHAWN KOHL. MTK MICHAEL T. KRANZ 09/09/10 B 0.10 30.00 1932936 RECEIVE AND REVIEW EMAIL FROM SHAWN KOHL AND PREPARE EMAIL TO MANNY FARACH. MTK MICHAEL T. KRANZ 09/09/10 B 0.10 30.00 1932970 RECEIVE AND REVIEW EMAIL FROM SHAWN KOHL. AND PREPARE EMAIL TO SHAWN KOHL. MTK MICHAEL T. KRANZ 09/09/10 B 0.10 30.00 1932986 RECEIVE AND REVIEW SHAWN KOHL. MTK MICHAEL T. KRANZ 09/09/10 B 0.20 60.00 1932996 RESEARCH VILLAGE OF PALM SPRINGS LIEN. MSH MINDY HALLEY-PARA 09/09/10 B 0.20 28.00 1933368 FOLLOW-UP ON SERVICE OF PROCESS ISSUES WITH ROB HARRINGTON. MTK MICHAEL T. KRANZ 09/10/10 B 0.10 30.00 1946110 RECEIVE AND REVIEW EMAIL FROM SHAWN KOHL. MTK MICHAEL T. KRANZ 09/10/10 8 0.10 30.00 1946121 RECEIVE AND REVIEW EMAIL FROM MARK CULLEN AND PREPARE EMAIL TO MARK CULLEN MTK MICHAEL T. KRANZ 09/13/10 8 0.10 30.00 1963630 RECEIVE AND REVIEW EMAIL FROM MARK CULLEN AND PREPARE EMAIL TO SHAWN KOHL. MTK MICHAEL T. KRANZ 09/13/10 B 0.20 60.00 1963647 TELEPHONE CONFERENCE WITH SHAWN KOHL. MTK MICHAEL T. KRANZ 09/14/10 B 0.20 60.00 1963722 TELEPHONE CONFERENCE WITH SHAWN KOHL. MTK MICHAEL T. KRANZ 09/14/10 B 0.10 30.00 1963723 CORRESPONDENCE TO MARK CULLEN. LKM LAURA MCNEILL-PARA 09/15/10 B 0.20 28.00 1963803 CORRESPONDENCE TO ATTORNEYS' TITLE REQUESTING TITLE UPDATE MTK MICHAEL T. KRANZ 09/16/10 B 0.10 30.00 1974114 RECEIVE AND REVIEW EMAIL FROM MARK CULLEN AND PREPARE EMAIL TO SHAWN KOHL. LKM LAURA MCNEILL-PARA 09/21/10 B 0.40 56.00 1977636 RECEIVE AND REVIEW TITLE UPDATE: MEMO TOM. KRANZ MSH MINDY HALLEY-PARA 09/23/10 8 0.30 42.00 1981999 REVIEW STATUS OF PRODUCTION REQUEST AND PREPARE LETTER TO ATTORNEY STEELE CONCERNING DOCUMENTS RESPONSIVE TO SECOND REQUEST FOR PRODUCTION. MTK MICHAEL T. KRANZ 09/24/10 B 0.10 30.00 1990680 CORRESPONDENCE TO TRENT STEELE. Billable 76.70 17,467.00 Non-Billable 0.00 0.00 Suppressable 0.00 0.00 Total 76.70 17,467.00 EFTA01112256 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. ATTORNEY'S FEE AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Peter M. Bernhardt, who, first being duly sworn, deposes and says 1. My name is Peter M. Bernhardt, and I am an attorney licensed to practice law in the State of Florida. 2. I have knowledge of fees customarily charged by attorneys for foreclosure and collection actions. 3. I have examined the file of Jones, Foster, Johnston & Stubbs, in the above-referenced matter and have conferred with Michael T. Kranz as to his work and the work of other attorneys and paralegals in the prosecution of this cause. 4. In the course of reviewing the file, I have reviewed accurate and current records of work done and time spent on this case by attorneys and paralegals of Jones, Foster, Johnston & Stubbs, I have considered (a) the time and labor required; (b) EFTA01112257 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XJO0OAB(AW) the novelty and difficulty of the questions involved; and (c) the skill requisite to perform the legal service properly, in determining that the number of 65.0 hours of attorney time and 13.0 hours of paralegal time, as shown in the itemization included in the Affidavit of Michael T. Kranz in support of an award of attorney's fees, expended in the preparation and prosecution of this case to date, and the spending of an additional 3.0 hours of attorney time at $300.00 per hour, through entry of final judgment of foreclosure against the Defendants herein, for a total of 68.0 attorney hours, and 13.0 paralegal hours, are a reasonable number of hours expended and reasonably anticipated to be expended in this litigation. 5. I have determined that a reasonable hourly rate for Michael T. Kranz and other attorneys and paralegals of Jones, Foster, Johnston & Stubbs, M. who did work on this file, as shown in the Affidavit of Michael T. Kranz in support of an award of attorney's fees, are reasonable and are prevailing market rates for the type of litigation involved in this case. In making this determination, I have considered the following factors: (a) the likelihood, if apparent to the client, that the acceptance of this particular employment would preclude other employment by the lawyer or the paralegal; (b) the fee customarily charged in the locality for similar legal services; (c) the time limitation imposed by the client or by the circumstances of this case; (d) the nature and length of the professional relationship with the client; (e) the experience, reputation, and ability of the lawyer or lawyers performing the services; (f) whether the fee is fixed or contingent. 6. Taking the number of hours reasonably expended or reasonably anticipated to be expended in this case, multiplied by the aforementioned reasonable 2 EFTA01112258 National City Bank v. Hardman Development Corp.. et al Case No: 502009CA024752XXXXMB(AW) hourly rates, I am of the opinion that $18,922.00 would be a reasonable award of attorneys fees and paralegal's fees in this case. --Peter M: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoin Affidavit was sworn to, this /0 day of• 2010 by P me. Not ry Oblic Pri t My commission expires: before me own to I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, E., 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, M., 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this Ajday of December, 2010. JONES, FOSTER, JOHNSTON & STUBBS, M. Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-0412 By: 'lam J Michael T. Kranz Florida Bar No: 351180 mkranz PADOCS1113045001021PLD11776788.DOC EFTA01112259 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502009CA024752XXXXMB (AW) NATIONAL CITY BANK, successor by merger to Fidelity Federal Bank & Trust, Plaintiff, v. HARDMAN DEVELOPMENT CORP., STEPHEN R. ALEXANDER, MICHAEL T. HARDMAN, JULIE C. HARDMAN, VILLAGE OF PALM SPRINGS, Defendants. COST AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared Michael T. Kranz, who, first being duly sworn, deposes and says: My name is Michael T. Kranz, and I am employed with the law firm of Jones, Foster, Johnston & Stubbs, M., 505 South Flagler Drive, Suite 1200, West Palm Beach, Florida 33401, representing the Plaintiff in this action; and I have personal knowledge of the facts contained in this Affidavit. The costs and other legal expenses that have been incurred in the prosecution of this action to date are as follows: Filing Fee/Complaint Title Search Non-Resident Cost Bond Service of Process Fees: Hardman Develop. $40.00 Stephen Alexander $40.00 Julie Hardman $40.00 $1,960.00 $320.00 $100.00 $200.00 EFTA01112260 National City Bank v. Hardman Development Corp., et al Case No: 502009CA024752XXXXMB(AW) Michael Hardman $40.00 Village Palm Springs $40.00 TOTAL: $1.580.00 FURTHER AFFIANT SAYETH NAUGHT. a-t—e Michael T. Kranz STATE OF FLORIDA COUNTY OF PALM BEACH this The foregoing Affid vit was sworn to, subscribed and acknowledged before me day of cent , 2010, by Michael T. Kranz, an attorney employed with the law firm of Jones, Foster, Johnston & Stubbs, M. He is personally known to me. Notary Public Print Name: Donna Ste My commission expires: I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, M., 701 Northpoint Pkwy., Ste. 209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, M., 2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this ialf day of December, 2010. PADOCS111304100102PLD11776806.DOC JONES, FOSTER, JOHNSTON & STUBBS, M. Attorneys for National City Bank 505 S. Flagler Drive, Ste. 1200 West Palm Beach, Fl 33401 Telephone: (561) 650-0438 Facsimile: (561) 650-9412 By: Michael T. Kranz Florida Bar No: 351180 ml aa 2 EFTA01112261