Free Motion to Compel - District Court of Arizona - Arizona

EXHIBIT A
Case 2:04-cv-00078-FJM Document 227-2 Filed 08/01/2008 Page 1 of 25

1. FILED RECEIVED

_LODGED COPY

MAY 1

7

2005

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA CIVIL EXHIBIT LIST Motion/Evidentiary Hearing Cause number: CV 04-78-PHX-FJM

CLERK U S DISTRICT COURT DISTRICT OF ARIZONA BY DEPUTY

x Non-Jury Trial Judge Code: 7028 PAUL WOODCOCK, et al., Defendant(s) Defendant Description

Jury Trial

SHIMKO & PISCITELLI, et al., v. Plaintiff(s) x Plaintiff Exhibit No. 1 Marked for I.D. Admitted in _ Evidence

Plaintiffs' Paid Invoices to CORF totaling $123,277 ;(commencing December g.17.05- 5, 2001 through October 17, 2002 (last invoice paid)) la REDACTED: Plaintiffs' Paid Invoices to CORF totaling $123,277 (commencing December 5, 2001 through October 17, 2002 (last invoice paid)) 2 Plaintiffs' Unpaid Running Invoices to 5 0. 05- CORF totaling $359,668 (commencing October 25, 2002 through April 30, 2003) 2a REDACTED: Plaintiffs' Unpaid Running Invoices to CORF totaling $359,668 (commencing October 25, 2002 through April 30, 2003} 3 NSF Check No. 3148 dated January 28, 2003 in the amount of $50,000 made payable to Timothy A. Shimko 4 NSF Check No. 3162 dated January 31, 2003 in the amount of $25,000 made payable to Timothy Shimko 5 NSF Check No. 1094 dated February 11, 2003 in the amount of $75,000 made payable to Timothy A. Shimko 6 NSF Check No. 1095 dated February 11, 2003 in the amount of $12,500 made payable to Timothy A. Shimko 7 NSF Check No. 1096 dated February 11, 2003 in the amount of $25,000 made payable to Timothy A. Shimko Filed 05/17/2005 Page 1 of 7 Case 2:04-cv-00078-FJM Document 165 Case 2:04-cv-00078-FJM Document 227-2 Filed 08/01/2008 Page 2 of 25

EXHIBIT B
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ALL PAYMENTS RECEIVED FROM CLS Shimko, et al v. Woodcock, et al Case No: CIV-04-78-PHX-FJM

11/26/2001 11/29/2001 12/7/2001 12/17/2001 12/27/2001 1/8/2002 1/18/2002 1/22/2002 1/29/2002 2/4/2002 2/13/2002 2/27/2002 3/20/2002 3/22/2002 4/5/2002 4/30/2002 5/17/2002 9/4/2002 9/13/2002 9/20/2002 9/30/2002 10/8/2002 10/16/2002 10/16/2002 10/24/2002 11/6/2002 11/21/2002 12/6/2002 1/10/2003 1/17/2003 1/2712003 1/28/2003 1 /31 /2003 2/11/2003 2/11/2003 2/11/2003

Incoming Wire Transfer Incoming Wire Transfer Deposit Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Incoming Wire Transfer Deposit Deposit Deposit Deposit Deposit Debit - Return Item Debit - Return Item Charge Incoming Wire Deposit Deposit Deposit Deposit Deposit Deposit Check #3148 Check #3162 Check #1095 Check #1096 Check #1094

26,750.26 13,755.00 30,590.04 22,339.00 16,450.00 9,240.00 4,760.00 15,785.00 27,685.00 10,150.00 10,500.00 7,385.00 9,835.00 6,755.00 15,120.00 11, 987.50 19,740.00 20,000.00 10,000.00 10,000.00 10,000.00 10,000.00 (10,000.00) (10.00) 20,000.00 10,000.00 20,000.00 20,000.00 12, 500.00 12,500.00 12,500.00 50,000.00 25,000.00 12,500.00 25,000.00 75,000.00 603,816.80

C:\Documents and Settings\Rich McDaniel\Local Settings\Temporary Internet Files\Content.IE5\3P62MLG0\649010_1 [1]Document 227-2 Case 2:04-cv-00078-FJM Filed 08/01/2008

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EXHIBIT C
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EXHIBIT D
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RICHARD J. MCDANIEL Attorney at Law 11811 N. TATUM BLVD, SUITE 1051 PHOENIX, ARIZONA 85028 Telephone (602) 953-8721 FAX (602) 953-8731 Richard J. McDaniel #013329 Former Attorney for Defendants Woodcock IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No. CIV 04-78-PHX-FJM SHIMKO fi PISCITELLI, et al., Plaintiffs v. DAVID GOLDFARB; RICHARD ROSS, et. al. Defendants. DEFENDANT WOODCOCKS' NONUNIFORM INTERROGATORIES

14 15 16 17 18 19 20 21 22 23 24 25 TO: Plaintiff Defendant Woodcock requests that you answer and respond t the following interrogatories.
INSTRUCTIONS A. The answer to each interrogatory shall include such knowledge of the party as is within the party's custody, possession or control, specifically including such information as to which the party could only provide facts upon information and belief. Answers shall include knowledge including but not limited to knowledge and documents in the custody, control or possession of the party's investigators, accountants, consultants, employees, attorneys or other agents. Where facts set forth in answers or portions thereof are supplied upon information and belief, rather than actual knowledge, the answer should so state, and specifically describe or identify the source or sources of such information and belief. If you cannot answer an interrogatory in full, after exercising due diligence tc secure the information requested, so state and answer to the fullest

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extent possible, specifying your inability to answer the remainder and stating whatever information or knowledge you have concerning the unanswered portion. B. A space has been provided on this form of interrogatories for your answer. In the event the space provided is not sufficient for your answer to any of the following interrogatories, attach a separate sheet of paper setting forth the question, followed by the additional answering information. C. Where identification of a meeting is required, the following shall be separately stated as to each meeting: the date; the place at which it occurred; the identity of the persons involved; the substance of the subjects discussed; and the name and present address of every other person who, though not present or involved, possesses information concerning the existence or nature of the meeting. D. Where identification of a communication, such as a telephone conversation or in-person conversation is required, the following shall be separately stated as to each conversation: the date; the identity and location of the originator of the call; the identity and location of the recipient of the call; the identity and location of all other persons who participated in the call; the substance of the subjects discussed; and the identity of any other persons, who, though not participating in the call, possess information concerning the existence or nature of said telephone conversation. E. Where identification of a document is required, the following shall be separately stated as to each document: its date; its exact title; the general subject matter of the document; the name of the author, his business affiliation, presently and at the time the document or correspondence was prepared, and his last known address; the name, business affiliation (both presently and at the time he received the document), and the last known address of the addressee; the name, business affiliation) presently and at the time the document was prepared), and the last known address of every person to whom a copy of the document was to be sent, other than the addressee described above; the names and addresses of all persons who now have the original and who now have any copies; the identification and location of the files where the original and each copy is normally or presently kept. F. Whenever identification of a "person" is required, the following shall be separately stated as to each person: the name and last known business address or location and phone number of each such person. If such person is an individual, additionally state the business position or positions held by that individual at the time or times for which such identification is requested, and such person's last known residence address and phone number. If such a person is not an individual but is an entity or organization, additionally identify the individual or individuals employed by or representing such entity or organization who have knowledge or with whom communications have been had of, or relating to, the matter involved. G. These interrogatories are deemed to be continuing in nature, calling for further responses at such time as additional information of documents becomes known or reasonably available to you. H. If you contend that the answer to any interrogatory is privileged, in whole or in part; otherwise object to any part of any interrogatory; or claim that an identified document may be withheld, regardless of its relevance, state

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the reasons for such objection or grounds for exclusion, and identify eac person having knowledge of the factual basis, if any, on which the privileg or other ground is asserted. DEFINITIONS A. "Document" means the original of any printed, typewritten, or tangible item of any nature, containing, constituting, indexing or referring t. information or other documents, including but not limited to: letters; memoranda; handwritten notes; agreements; deeds; contracts; promissor notes; books; pamphlets; brochures; newspapers; magazines; periodicals; catalogs; price lists; checks; canceled checks; invoices; sales receipts; charge receipts; personal receipts; bank records; tapes; compute printouts; data cards; programs or other input or output data processin. systems; photographs (positive print or negative); transcripts o interviews or testimony before any person, officer or body whether swor or not; written statements or notes of interviews or testimony; diaries; calendars; logs; expense records or other financial data; charts; graphs; maps; drawing or other representational depiction; telephone records; telegrams; phonograph records; magnetic tape, drum or disc records; motio picture film; microfilm or microfiche. The term "document" also means every copy of a document where such copy is not an identical duplicate o the original. B. The term "statement " includes an oral statement or a statement written or otherwise adopted or approved by the person making it or a stenographic, mechanical, electrical, or other recording, or a transcription thereo (including handwritten notes) which is in any way a recital of an oral statement by a person and contemporaneously recorded. C. As used here, the terms "you" and "your" and Plaintiff means eac answering party and any of their employees, agents, representatives, contractors and/or attorneys.

INTERROGATORIES

1. Itemize in detail all payments received from any of the Defendants or CORF related entities including date, amount, and manner of payment (check, wire, etc,).

2.

Describe in detail your involvement (including the amount of any investment) with AZTEC, any tissue banks, or an other ventures or operations done in connection with o

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related to any of the Defendants or CORF-related entities.

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3.

Describe in detail the amounts you alleged are owed for work done on behalf of the Woodcocks. (Include date the work was performed, who performed it, what done, why the work was allocated to Woodcock, and amount billed.)

you the was the

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13

14

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4. Describe in detail the amounts you alleged are owed you for work performed on behalf of each of the other Defendants, the CORF related entities, and CORF officers and employees (including Brill and Richie) For each person or party break out in detail the amounts you alleged are owed you for work done for that party. (Include the date the work was performed, who performed it, what was done, why the work was allocated to that particular party, and the amount billed.)

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18

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5. Describe in detail every instance in which any of th Defendants acted to lead you to believe he was acting a a general partner.

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6.
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Describe in detail any and all advice you gave any of the Defendants about the limitations of their actions and activities as limited partners; the risks and dangers of being seen as acting as general partners; and what they should do to minimize their risks as limited partners.

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7. Describe in detail all steps you took to review the partnership agreements or other documents related to the formation of the CORF related entities and advice you gave to the partners about the risks involved and steps they could take to minimize their exposure.

8. Describe in detail your actions as general counsel fo the CORF related entities, including dates of service duties, and responsibilities.

9. Describe in detail any and all warnings, advice and guidance you gave Defendants, the CORF related entities, and CORF officers and employees (such as Brill and Richie) about possible conflicts in your representation of them and the implications of such conflicts.

10. When and why did you believe that Paul Woodcock was acting as a general partner? Describe in detail each and every occasion.

11. Please describe in detail any and all discussions and communications you had with Woodcock warning him of the risks of acting as or being seen acting as a general partner.

12. Please answer interrogatories #9 and #10 with respect to each of the other Defendants.

13. Please explain why you contended in discovery responses and in defending the depositions of Defendants in the

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underlying CORF cases that the Defendants were limited partners. DATED this 15th day of February 2008.

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RICHARD J. MCDANIE
4 5

By
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Richard J. McDaniel 11811 N. TATUM BLVD, #1051 PHOENIX, ARIZONA 85028 Attorney for Woodcocks

Original and copy mailed this 15th day of February 2008 to: Timothy Shimko & Associates 2010 Huntington Building 925 Euclid Avenue Cleveland, Ohio 44115 Copy to: Roger Cohen JABURG & WILK 3200 N. Central, 20 th floor Phoenix, AZ 85012 David and Rhona Gol 11437 N. 53 rd Plac Scottsdale, AZ 8/254

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RICHARD J. MCDANIEL Attorney at Law 11811 N. TATUM BLVD, SUITE 1051 PHOENIX, ARIZONA 85028 Telephone (602) 953-8721 FAX (602) 953-8731 Richard J. McDaniel #013329 Former Attorney for Defendants Woodcock IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No. CIV 04-78-PHX-FJM SHIMKO & PISCITELLI, et al., Plaintiffs
V.

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REQUEST FOR PRODUCTION OF DOCUMENTS

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12

DAVID GOLDFARB; RICHARD ROSS, et. al. Defendants.

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TO: Plaintiff Defendant Woodcock requests that the documents or things designated be produced for inspection and copying, pursuant to the Federal Rules of Civil Procedure.

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DEFINITIONS
A. As used here and unless the context otherwise requires: "Document" means the original of any printed, typewritten, or tangible item of any nature, containing, constituting, indexing or referring to information or other documents, including but not limited to: letters; memoranda; handwritten notes; agreements; deeds; contracts; promissory notes; books; pamphlets; brochures; newspapers; magazines; periodicals; catalogs; price lists; checks; canceled checks; invoices; sales receipts; charge receipts; personal receipts; bank records; tapes; computer printouts; data cards; programs or other input or output data processing systems;

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B.

photographs (positive print or negative); transcripts of interviews or testimon before any person, officer or body whether sworn or unsworn; written statements o notes of interviews or testimony; diaries; calendars; logs; expense records o other financial data; charts; graphs; maps; drawing or other representational depiction; telephone records; telegrams; phonograph records; magnetic tape, dru or disc records; motion picture film; microfilm or microfiche. The term "document" also means every copy of a document where such copy is not an identical duplicate or the original. As used here, the term "statement" includes an oral statement or a statemen written or otherwise adopted or approved by the person making it or a stenographic, mechanical, electrical, or other recording, or a transcriptio thereof (including handwritten notes) which is in any way a recital of an oral statement by a person and contemporaneously recorded. As used here, the terms "you" and "your" and "Defendants" means each answerin party and any of their employees, agents, representatives, contractors and/o attorneys.

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C.

REQUESTS FOR PRODUCTION

Copies of 1. all checks, wire transaction records, or othe
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11

documents showing all payments, retainers, deposits, or other monies received from any of the Defendants or COR

14

related entities.
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2.
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Copies of all internal accounting and bookkeeping records regarding all payments received in #1 above.

3.

Copies of all bank account statements for the relevant periods showing any payments or wire transfers or othe monies received from Defendants or CORP related entities.

4.

Any and all notes, original time diary entries and logs, handwritten notes concerning billings, time spent, an communications with, or work done by Plaintiff or his agents and representatives for or relating to Defendants or any of the CORP related entities.

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5.

Records of any and all communications between Shimko, Piscitelli, and any of their associates or agents regarding Defendants or the CORF related entities.

6.

All documents related to Shimko, Piscitelli, or any of their associates or agents' involvement or participation in a tissue bank, Mexican, or other overseas operations or ventures, related to any of the Defendants or CORF

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related entities.
9

7.
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Any and all documents that you contend demonstrate that any of the Defendants held himself out to you as a general partner.

8.

Any and all documents showing any advice or guidance you gave to Defendants about the risks of being held as general partners; how to limit their liability as limited partners; and how to minimize their exposure to lawsuits.

9.

Any and all documents showing any advice or guidance you gave to Defendants, the CORF related entities, and former CORF officers and employees (such as Brill and Richie) regarding possible conflicts in your representation of them and the advisability of consulting with separate

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counsel.
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10.
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Any and all documents showing how you or your firm broke out or attributed portions of work done to each of your clients--Defendants, the CORF related entities, and

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former CORF officers and employees (such as Brill and Richie). DATED this 14th day of February 2008. RICHARD J. MCDANIEL

By Richard J. McDaniel 11811 N. TATUM BLVD, #1051 PHOENIX, ARIZONA 85028 Attorney for Woodcocks

Original and copy mailed this 14th day of February 2008 to: Timothy Shimko & Associates 2010 Huntington Building 925 Euclid Avenue Cleveland, Ohio 44115 Copy to: Roger Cohen JABURG & WILK 3200 N. Central, 20 th floor Phoenix, AZ 85012 David and Rhona Goldfarb 11437 N. 53 rd P1 Scottsdale, AZ 524

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EXHIBIT E
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4

Timothy A. Shimko (PRO HAC VICE) (OSBN 0006736) David A. Welling (PRO HAC VICE) (OSBN 0075934) TIMOTHY A. SHIMKO & ASSOCIATES 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA SHIMKO & PISCITELLI, et al., Case No. 2:05-cv-01387-JWS

10 11 v.

Plaintiffs, PLAINTIFFS' RESPONSES TO DEFENDANT WOODCOCKS' NON-UNIFORM INTERROGATORIES Defendants.

PAUL WOODCOCK, et al.,

NOW COME Plaintiffs, by and through undersigned counsel, and hereby respond to Defendant Woodcocks' Non-Uniform Interrogatories as follows:

1. Itemize in detail all payments received from any of the Defendants or CORF related entities including date, amount, and manner of payment (check, wire, etc.,). See attached and also see invoices in Defendants' possession.

22 23 24 25 26 2. Describe in detail your involvement (including the amount of any investment) with AZTEC, any tissue banks, or any other ventures or operations done in connection with or related to any of the Defendants or CORF-related entities. Objection, the interrogatory is completely irrelevant to any issue of liability or damages in this case. However, without waiving said objection, I was an investor contributing cash and my legal services to the venture. 1 Case 2:04-cv-00078-FJM Document 227-2 Filed 08/01/2008 Page 18 of 25

1 2 3 3. Describe in detail the amounts you alleged are owed you for work done on behalf of the Woodcocks. (Include the date the work was performed, who performed it, what was done, why the work was allocated to Woodcock, and the amount billed.) See invoices already in Defendants' possession. All work done for Woodcock, Ross, Guenther and Goldfarb was done jointly.

9 10

4. Describe in detail the amounts you alleged are owed you for work performed on behalf of each of the other Defendants, the CORF related entities, and CORF officers and employees (including Brill and Ritchie). For each person or party break out in detail the amounts you alleged are owned you for work done for that party. (Include the date the work was performed, who performed it, what was done, why the work was allocated to that particular party, and the amount billed.) See invoices already in Defendants' possession. All work done for Woodcock, Ross, Guenther and Goldfarb was done jointly.

5. Describe in detail every instance in which any of the Defendants acted to lead you to believe he was acting as a general partner. The Defendants told Plaintiff and they acted as and treated each other as equal partners and each had equal control and equally benefited from the partnership's operations. Each had active day to day management and/or sales responsibilities.

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6. Describe in detail any and all advice you gave any of the Defendants about the limitations of their actions and activities as limited partners; the risks and dangers of being seen as acting as general partners; and what they should do to minimize their risks as limited partners. Objection. This interrogatory calls for facts far too numerous to be answered in this form of discovery. This broad subject should be addressed during a deposition. Without waiving said objection, I informed Defendants that their status as general and/or limited partners offered them no protection because the claims being brought against the Defendants were being brought in their individual capacities, for the fraud being alleged based on the Defendants' personal and collective acts of misconduct. 2 Case 2:04-cv-00078-FJM Document 227-2 Filed 08/01/2008 Page 19 of 25

7. Describe in detail all steps you took to review the partnership agreements or other documents related to the formation of the CORF related entities and advice you gave to the partners about the risks involved and steps they could take to minimize their exposure. 6 Objection. This interrogatory calls for facts far too numerous to be answered in this form of discovery. This broad subject should be addressed during a deposition. Without waiving said objection, I advised them that I could not minimize their personal exposure against alleged acts already committed by each of them. Defendants had already decided to settle the claims being filed against them and to get full releases. I further advised the Defendants to no longer actively participate in the seminars and if any of the alleged misconduct was true to discontinue the practice.

13

8. Describe in detail your actions as general counsel for the CORF related entities, including dates of service, duties, and responsibilities. I was not general counsel. CORF had other lawyers. I served as general litigation counsel. In that capacity, I negotiated settlements and defended lawsuits.

19

9. Describe in detail any and all warnings, advice and guidance you gave Defendants, the CORF related entities, and CORF officers and employees (such as Brill and Richie) about possible conflicts in your representation of them and the implications of such conflicts. Objection. This interrogatory calls for facts far too numerous to be answered in this form of discovery. This broad subject should be addressed during a deposition. Brill and Ritchie were added to later lawsuits. As Defendants assured me that the alleged misconduct was not true, and since the goal was to protect the assets of the Defendants, I perceived no conflict at that time.

25 26 10. When and why did you believe that Paul Woodcock was acting as general partner? Describe in detail each and every occasions. 3 Case 2:04-cv-00078-FJM Document 227-2 Filed 08/01/2008 Page 20 of 25

See response to Interrogatory No. 5.

4 5 6 See response to Interrogatory No. 6. 7 8 9 10 11 12. Please answer interrogatories #9 and #10 with respect to each of the other Defendants. 11. Please describe in detail any and all discussions and communications you had with Woodcock warning him of the risks of acting as or being seen acting as general partner?

See response to Interrogatory No. 6.

13. Please explain why you contended in discovery responses and in defending the depositions of Defendants in the underlying CO12F cases that they Defendants were limited partners. That was a defense each of them had in common, regardless of its weaknesses.

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1

RESPECTFULLY SUBMITTED on this

7/day of April, 2008.

` TIMOTHY ^.SHI / O&A j) IAT S By: 7 8

1 ...!_ imko (OS .N 0006736) (Pro Hac Vice) Timothy David A. Telling (OSBN 0075934) (Pro Hac Vice) 2010 Huntington Building 925 Euclid Ave. Cleveland, Ohio 44115 Tel. (216) 241-8300 Fax (216) 241-2702 Counsel for Plaintiffs

COPY of the foregoing electronically filed and served this 7/ day Mareh 2008, upon: Roger L. Cdhen, Esq. #004409 JABURG & WILK, PC 3200 North Central Ave., Ste. 2000 Phoenix, Arizona 85012 Phone: 602-248-1000 Counsel for Defendants Ross Richard J. McDaniel, Esq. 11811 N. Tatum Blvd., Ste. 1051 Phoenix, Arizona 84208 Counsellor Defendants Woodcock Milton and Kathi Guenther 3642 E. Rockwood Phoenix, Arizona 84032 Defendants in pro per 21 David and Rhonda Goldfarb 11437 N. 53 `d Place Scottsdale, Arizona 8525 Defendants in pro per

Lli,q

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22901 MILL CREEK BLVD. HIGHLAND HILLS, OH 44122 (216) 206-1234 TOLL CALLS: 1-88S-2METRO24

METROPOLITAN
BANK & TRUST

M

OHIO IOLTA SHIMKO & PISCITELLI 2010 HUNTINGTON BLDG 925 EUCLID AVE OH 44115-0000 CLEVELAND

STATEMENT PERIOD FROM 11/01/01 TO 11/30/01
YOU CAN ACCESS YOUR ACCOUNT INFORMATION 7 DAYS A WEEK WITH METRO24 BY CALLING 216-206-1234 OR 1-888-2METR024.

INTEREST ON LAWYER TRUST ACCOUNT

DEPOSITS AND OTHER ADDITIONS
DATE DESCRIPTION -0. 11/26 INCOMING WIRE TRANSFER INCOMING WIRE +-.w^11/29 INCOMING WIRE TRANSFER INCOMING WIRE AMOUNT 26,750.26

13,755.00)

OTHER DEBITS AND FEES
DATE DESCRIPTION AMOUNT

CHECK REGISTER
DATE CHECK PAID AMOUNT CHECK DATE PAID AMOUNT CHECK DATE PAID AMOUNT

* INDICATES NON-CONSECUTIVE CHECK NUMBER(S).

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22901 MILL CREEK BLVD. HIGHLAND HILLS, OH 44122 (216) 206-1234 TOLL CALLS: 1-888-2METR024

METROPOLITAN
BANK & TRUST

M

Lid
OHIO IOLTA SHIMKO & PISCITELLI 2010 HUNTINGTON BLDG 925 EUCLID AVE OH 44115-0000 CLEVELAND

STATEMENT PERIOD FROM 12/01/01 TO 12/31/01
YOU CAN ACCESS YOUR ACCOUNT INFORMATION 7 DAYS A WEEK WITH METRO24 BY CALLING 216-206-1234 OR 1-8S8-2METRO24.

INTEREST ON LAWYER TRUST ACCOUNT

CREDIT - INTEREST YTD INTEREST INTEREST RATE

SERVICE CHARGE YTD WITHHOLDING ANNUAL PERCENTAGE YIELD EARNED (APY-E)

DEPOSITS AND OTHER ADDITIONS
DATE 12/07 ..12/17 DESCRIPTION DEPOSITINCOMING WIRE TRANSFER TNCOMING WIRE AMOUNT

12/27

INCOMING WIRE TRANSFER INCOMING WIRE

OTHER DEBITS AND FEES
DATE DESCRIPTION AMOUNT

CHECK REGISTER
CHECK DATE PAID AMOUNT CHECK DATE PAID AMOUNT CHECK DATE PAID AMOUNT

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* INDICATES NON-CONSECUTIVE CHECK NUMBER(S).

22901 MILL CREEK BLVD. HIGHLAND HILLS, OH 44122 (216) 206-1234 TOLL CALLS: 1-888-2METRO24

METROPOLITAN
BANK & TRUST

OHIO IOLTA SHIMKO & PISCITELLI 2010 HUNTINGTON BLDG 925 EUCLID AVE OH 44115-0000 CLEVELAND

STATEMENT PERIOD FROM 01/01/02 TO 01/31/02

YOUR ATM/METRO CHECK & CASH CARD IS NOW PART OF THE STAR NETWORK, MEANING YOU CAN USE YOUR CARD WHEREVER YOU SEE THE RED STAR LOGO. THE CARD CAN BE USED AT MORE THAN 180,000 ATMS AND 720,000 RETAILER LOCATIONS ACROSS THE U.S. YOU CAN ACCESS YOUR ACCOUNT INFORMATION 7 DAYS A WEEK WITH METRO24 BY CALLING 216-206-1234 OR 1-888-2METRO24.
INTEREST ON LAWYER TRUST ACCOUNT

CREDIT - INTEREST YTD INTEREST INTEREST RATE PRIOR YEAR INTEREST

- SERVICE CHARGE

YTD WITHHOLDING ANNUAL PERCENTAGE YIELD EARNED (APY-E) PRIOR YEAR WITHHOLDING
DEPOSITS AND OTHER ADDITIONS

DATE '- 01/08

DESCRIPTION INCOMING WIRE TRANSFER INCOMING WIRE

AMOUNT,

C, 01/18 01/22 01/29 INCOMING WIRE TRANSFER INCOMING WIRE INCOMING WIRE TRANSFER INCOMING WIRE INCOMING WIRE TRANSFER INCOMING WIRE f; 4,760.00 `15,7885 000 ^_ 27,685.00\

Case 2:04-cv-00078-FJM

Document 227-2

Filed 08/01/2008

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