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IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
KENNETH MANFREDI, SR., CASE NO.
KENNETH MANFREDI, JR.,
and ALEXANDER LIEBSTER, as Trustee
for the Estate ofErnesto Liebster,
Plaintiffs,
vs.
KOBALTEK, INC., an inactive Florida Corporation;
MILLENNIUM LOCK INC. d/b/a ULTIMATE
LOCK SYSTEMS, a Texas Corporation; DARREN
BAYSINOER, individually; RON DANIELS,
individually; and JOSEPH TITONE, individually,
Defendants.
COMPLAINT
COME NOW the Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI,
JR., and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, by and through
the undersigned attorney, and sue the Defendants, KOBALTEK, INC., an inactive Florida
Corporation; MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas
Corporation; RON DANIELS, individually; DARREN BAYSINGER, individually; and
JOSEPH TITONE, individually, and in support thereof allege:
JURISDICTION AND VENUE
1. This is an action for Conversion, Civil Theft, Conspiracy, Fraud, and Breath of
Fiduciary Duty, and is for damages that are within the jurisdiction of this Court, exclusive of
interest, costs, and attorneys' fees.
The Law Office ofMichael J. Reppas,
7850 146.' Street* Suite 501* Miami Lakes, FL • 33016•Tel(305)822-8422•Pax(305)822-3155
EFTA01198613
Manfredi, et. al. v. KoWick, Inc., et al.
Plaintiff's Complaint
Page 2 of 23
2. Plaintiff, KENNETH MANFREDI, SR. (hereinafter referred to as "MANFREDI
SR"), is a adfurls Georgia resident.
3. Plaintiff, KENNETH MANFREDI, JR. (hereinafter referred to as "MANFREDI
JR"), is a sui juris Texas resident.
4. Plaintiff, ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster
(hereinafter referred to as "LIEBSTER"), is a suijuris Maine resident.
5. Defendant, KOBALTEK, INC., (hereinafter referred to as "KOBALTEK") was,
at all limes material hereto, a Florida Corporation with its principal place of business in Bmward
County, Florida, and conducting business in Miami-Dade County, Florida.
6. Defendant, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS,
(hereinafter referred to as "MILLENNIUM") was, at all times material hereto, a Texas
Corporation conducting business in Miami-Dade County, Florida.
7. Defendant, RON DANITtIS (hereinafter referred to as the "DANIELS"), is a stet
furls Texas resident, and is and was the President and Chief Executive Officer of Defendant,
MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, at all times material hereto.
8. Defendant, DARREN BAYSINGER (hereinafter referred to as the
"BAYSINGER"), is a suijuris Broward County resident.
9. Defendant, JOSEPH TITONE (hereinafter referred to as the "JOSEPH
TITONE"), is a sunfurls Broward County resident.
10. Venue is proper in Miami-Dade County, Florida, as the majority of the claims
giving rise to the dispute occurred in Miami-Dade County and the Defendant KOBALTEK is a
Miami-Dade County corporation.
The Law Office ofMichael J. Reppas,
7850-. 116th Street. Suite 501. Miami Lakes, FL • 330I6•Tel(305)822-8422•Pax(105)822-3155
EFTA01198614
Manfredi, et. at. v. Kobahek, Ina, la al.
Plaintiff's Complaint
Page 3 o(23
FACTS
11. On February 15, 2010, and February 24. 2010, Plaintiffs, Ernesto LIEBSTER and
MANFREDI SR., respectively, purchased 2,000 Model 4000 locks (hereinafter referred to as
"SUBJECT MERCHANDISE") from Defendant, MILLENNIUM, and executed a personal
guarantee as co-guarantor; for the SUBJECT MERCHANDISE in the amount of ONE
HUNDRED THOUSAND DOLLARS ($100,000.00). A true and correct copy of this Personal
Guarantee is attached hereto and marked as Exhibit "A."
12. In our around March 2010, non-party, Rolando Martinez (hereinafter referred to
as "MARTINEZ"), an employee of Defendants MILLENNIUM and DANIELS, prepared the
SUBJECT MERCHANDISE for shipping from Houston, Texas, to Miami, Florida. See,
Martinez's statement to the Miami-Dade County Police Department, dated April 20, 2012,
regarding Theft Report Case *PO111027430601, a true and correct copy of which is attached
hereto and marked as Exhibit "B?'
13. In or around March 2010, the SUBJECT MERCHANDISE was shipped to non-
party, DTS DIRECT MAIL AND FULFILLMENT SERVICES, INC.'s (hereinafter referred to
as "DTS") storage warehouse in Miami-Dade County, Florida. Shipping fees In the amount of
ONE THOUSAND FOUR HUNDRED FORTY DOLLARS ($1,440.00) was paid by
LIEBSTER. See, Straight Bill of Lading, a true and correct copy of which is attached hereto and
marked as Exhibit "C."
14. Between April 21. 2010, and May 3. 2010, Plaintiffs, MANFREDI SR., and
Ernesto LIEBSTER paid all amounts due for the SUBJECT MERCHANDISE pursuant to the
PERSONAL GUARANTEE. See, Draft numbers 1350 and 1352 written from MANFREDI's
The Law Office orMichael J. Reppas...
7850.. 146th Streel• Suite 501• Miami Lakes, FL • 33016•To1(305)822.8422•Fax(305)822-3155
EFTA01198615
AlaOedi, it al. v. Kelmtrek Inc., et al.
Plaintiff's Complaint
Page 4 of 23
Non-Party corporation, Developer Design Group, LW, true and correct redacted copies of which
are attached hereto and marked as Composite Exhibit "D."
15. In or around June 2010 PLAINTIFFS entered into an agreement with a wholesale
company in Jamaica for the purchase of the subject property
16. The SUBJECT MERCHANDISE was scheduled to remain in storage at DTS'
warehouse until it was ready to be shipped to Jamaica.
17. On or around September 3,2010, Ernesto LIEBSTER died.
18. On or around September 6. 20)0, MARTINEZ was asked by Defendant
DANIELS and/or Defendant MILLENNIUM to unload the SUBJECT MERCHANDISE into
Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas. See, Exhibit "B."
19. MARTINEZ knew of the sale of the SUBJECT MERCHANDISE to Plaintiffs,
MANFREDI SR and LIEBSTER, and believed same to be the rightful owners of the SUBJECT
MERCHANDISE, and based on that knowledge arranged for the shipping of the SUBJECT
MERCHANDISE to a warehouse in Miami, Florida
20. MARTINEZ believed that Defendants DANIELS and/or MILLENNIUM were no
longer the rightful owners of the SUBJECT MERCHANDISE Id.
21. On or around September 8, 2010, and upon information and belief the SUBJECT
MERCHANDISE was stolen by Defendants, DANIELS and MILLENNIUM from DTS'
Warehouse, and taken across state lines to Defendants, DANIELS and MILLENNIUM's
facilities in Houston, Texas.
22. MARTINEZ was aware of DANIELS and MILLENNIUM's scheme to steal the
SUBJE.CT PROPERTY, but refused to take part in same. Id.
The Law Office of-Michael J. Reppas,ill.
7850 M. 146th Streets Suite 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155
EFTA01198616
Manfredi, el. at v. KobeItek Inc, et at.
Plaintiff's Complaint
Page 5 of 23
23. On or around September 26. 2010, PLAINTIFFS were notified that the SUBJECT
MERCHANDISE had been stolen. PLAINTIFFS immediately notified the Police and FBI
regarding said theft. See, Miami-Dade Police Department Theft Report, Case
fiPD111027430601, a true and correct copy of which is attached hereto and marked as Exhibit
"E." See also, Exhibit "B."
24. In or around September 201% upon information and belief; Defendants,
BAYSINGER and JOSEPH TITONE began conspiring against PLAINTIFFS for the purposes of
diverting potential insurance proceeds for the theft of PLAITNIFF's SUBJECT
MERCHANDISE from DTS's warehouse.
25. On or around September 29. 2010, and in furtherance of the conspiracy identified
in paragraph 24 above, Defendant BAYSINGER formed KOBALTEK, INC (a named defendant
herein). See, Articles of Incorporation for Kobaltek, Florida Department of State, Division of
Corporations, a true and correct copy of which is attached hereto and marked as Exhibit "F."
26. In or around September and October 2010, and unbeknownst to PLAINTIFFS,
and in furtherance of their conspiracy, Defendant JOSEPH TITONE contacted non-party
Sherman Daley (hereinafter referred to as "DALEY'', former sales agent for LIEBSTER, and
wrongfully informed DALEY that JOSEPH TITONE was representing Plaintiffs, MANFREDI
SR and LEBBSTER in a lawsuit against DTS regarding the stolen SUBJECT PROPERTY. See,
Letter from Daley to Manfredi, dated April 23, 2012, a true and correct copy of which is attached
hereto and marked as Exhibit "G."
27. In or around September and October 2010, and unbeknownst to PLAINTIFFS,
and in furtherance of their conspiracy, Defendant BAYS1NOER requested that DALEY issue a
The Law Office ofMichael J. Reppas,
7850-. 146th Street• Suite 501e Miami Lakes, PL • 33016•TcK305)822.8422•Pax(305)822-3155
EFTA01198617
Manfred!, et. al. v. Kokolink, Inc., et ar.
Plaintiff's Complaint
Page 6 of 23
new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and
'white out' Mr. Liebster's name." Id.
28. Defendant BAYSINGER further told DALEY that Defendant JOSEPH TITONE
believed that this new purchase order would "hold 'more credibility' and show standing in this
case [against Mr Id.
29. DALEY refused to comply with Defendants JOSEPH TITONE and
BAYSINGER's request to fraudulently alter the purchase order as discussed in the preceding
paragraph. Id.
30. On or around October I. 2010, MARTINEZ discovered the SUBJECT
MERCHANDISE at Defendants, DANIELS and MILLENNIUM's facilities in Houston, Texas,
and notified PLAINTIFFS of same.
31. On or around October 22. 2010, and January 7. 2011, PLAINTIFFS made a
demand for the immediate compensation of the stolen SUBJECT PROPERTY.
32. On or around October 29. 2010, and unbeknownst to PLAINTIFFS, and in
furtherance of their conspiracy, Defendant KOBALTEK, via Defendant BAYSINGER and
represented by Defendant JOSEPH TITONE, filed a lawsuit against DTS seeking compensation
for the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the DTS
warehouse.
33. In or around January 2011, PLAINTIFFS opened an investigation with the FBI
Office in Houston, Texas, regarding the theft of the SUBJECT PROPERTY transported across
state lines.
34. In or around March 2011, and over FIVE.(5) months after having filed the lawsuit
described above, and in furtherance of their conspiracy, Defendant, BAYSINGER approached
The Law Office ofMichael J. Reppas,
7850M. 146th street. Suit() 501* Miami Lakes, FL • 33016•Te4(305)822-8422•Fax(305)822-3155
EFTA01198618
Manfredi, et. at v. Kobrdiek, Inc., et at.
Plaintiff's Complaint
Page 7 of 23
PLAINTIFFS for the first time and infonned them that he had just teamed of the theft of the
SUBJECT PROPERTY, and offered to assist PLAINTIFFS make an insurance claim against
DTS. See, Kobaltek v. DTS Direct Mall & Fulfillment Services, Miami-Dade County Circuit
Court Case No. 10-58137, a true and correct copy of the Docket Information is attached hereto
and marked as Exhibit "H."
35. On or around June 14. 2011, and unbeknownst to PLAINTIFFS, and in
furtherance of their conspiracy, Defendant KOBALTEIC, via Defendant BAYSINGER,
represented by Defendant JOSEPH TITONE, settled the lawsuit with DTS for TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00). See, Kobaltek v. DTS Direct Mail & Fulfillment
Services, Miami-Dade County Circuit Court Case No. 10-58137, Mediator's Report and
Settlement Agreement, dated June 14, 2011, a true and correct copy of which is attached hereto
and marked as Exhibit "I."
36. In or around June 2011, Defendant JOSEPH TITONE approached non-party,
Anthony Titone, Esq. (Defendant JOSEPH TITONE's brother and hereinafter referred to as
"ANTHONY TITONE") and . requested to use ANTHONY TITONE's Florida Bar Trust
Account for the receipt and distribution of the settlement funds. See, Affidavit of Anthony Titone
with Attachments, a true and correct copy of which is attached hereto and marked as Composite
Exhibit "J."
37. ANTHONY TIFONE did not seek or receive the permission of any of the
PLAINTIFFS to accept and distribute said funds or in any other way to represent them as their
attorney.
The Law Office of Michael J. Reppas,
7850 M. 146th Street • Suite 501* Miami Lakes, FL • 33016.Tel(305)822-8422•Fax(305)822-3155
EFTA01198619
Manfredi, et. al. v. Kobelick. Inc., et at
Plaintifrs Complaint
Page 8 of 23
38. On or around June 24. 2011, ANTHONY TITONE deposited the TWENTY-
FIVE THOUSAND DOLLARS ($25,000.00) settlement funds into his Trust Account. See,
Composite Exhibit "J."
39. On or around July 1, 2011, ANTHONY TITONE, at the direction of JOSEPH
TITONE and BAYSINGER, distributed from his Trust Account the proceeds from the settlement
with DTS as follows: JOSEPH TITONE received FIFTEEN THOUSDAND FIVE HUNDRED
DOLLARS ($15,500.00) and BAYSINGER received NINE THOUSAND FIVE HUNDRED
DOLLARS ($9,500.00). See, Composite Exhibit "J."
40. In furtherance of their conspiracy, and despite having already filed and settled the
lawsuit against DTS, BAYSINGER, in or around July 2011, informed PLAINTIFFS of his
intention to hire JOSEPH TITONE to represent them in a lawsuit against DTS on behalf of
PLAINTIFFS; the PLAINTIFFS refused JOSEPH TITONE's representation or involvement in
any way with the dispute.
41. In or around September 2011 in furtherance of their conspiracy, and despite
having already filed a lawsuit against DTS and settled same, BAYSINGER informed
PLAITNIFFS that they were able to recover FIVE THOUSAND DOLLARS ($5,000.00) from
DTS but needed said fluids to compensate JOSEPH TITONE.
42. In or around November 2011, PLAINTIFFS contacted DTS' Chief Operating
Officer, Christopher Trainor, who informed PLAINTIFFS that they had fallen victims of a hoax
by JOSEPH TITONE and BAYSINGER.
43. In or around December 2011, PLAINTIFFS received,for thefirst time, a copy of
the settlement agreement between DTS and KOBALTEK, signed:by BAYSINGER on behalf of
KOBALTEK and signed by JOSEPH TITONE. See, Exhibit "I."
The Law Office ofMichael J. Reppas,
7850-. Me Street• Suite 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155
EFTA01198620
Manfredi, et. al. v. ICobahek, Inc., et al.
Plaintiff's Complaint
Page 9 of 23
44. In or around January 2012 Mark Goldstein, attorney for DTS, orally informed the
PLAINTIFFS that BAYSINGER and JOSEPH TITONE "scamined" PLAINTIFFS by
wrongfully and fraudulently filing and settling the matter against DTS.
45. In or around January 2912, Mr. Goldstein further orally informed the
PLAINTIFFS that BAYSINGER and JOSEPH TI'I'ONE perpetuated multiple frauds upon the
Court in the lawsuit against DTS by altering documents to establish standing in said case.
46. In or around February 2012, PLAINTIFFS approached BAYSINGER and
inquired about the TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) settlement. Defendant
BAYSINGER informed PLAINTIFFS that Defendant JOSEPH TITONE took the TWENTY-
FIVE 'THOUSAND DOLLARS (S25,000.00), and then immediately ended the parties'
conversation.
47. In or around March 2012 PLAINTIFFS filed a complaint with the Florida Bar
against Defendant JOSEPH TITONE for filing the frivolous lawsuit referred to above and for
stealing the TWENTY-FIVE THOUSAND DOLLAR ($25,000.00) settlement funds resulting
from same. Said complaint with the Florida Bar is still under investigation.
48. The SUBJECT MERCHANDISE identified above was placed from, delivered to,
stored in and stolen from Miami-Dade County, Florida
49. The wrongful lawsuit and resulting settlement was filed in Miami-Dade County,
Florida.
50. The settlement funds were paid, received and deposited, and released in Miami-
Dade County, Florida.
51. To date, Defendants have not returned any of the SUBJECT MERCHANDISE or
otherwise compensated PLAINTIFFS for the theft of same.
The Law Office of Michael J. Reppas,II.
1850.. 146°' Street• Suite 501• Miami Lakes, EL • 33016•Tek305)822-8422•Pax(305)822-3155
EFTA01198621
Manfredi, el. at. v. Kobethek, Inc., a at
Plaintiff's Complaint
Page 10 of 23
52. At present, Defendants, MILLENNIUM and DANIELS owe PLAINTIFFS an
amount in excess of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), not including
interest and attorneys' fees and costs.
53. At present, Defendants, KOBALTEK, BAYSINGER, and JOSEPH ITTONE,
owe PLAINTIFFS an amount in excess of TWENTY-FIVE THOUSAND DOLLARS
($25,000.00), not including interest and attorneys' fees and costs.
54. All demands, opportunities to cure and all conditions precedent to the bringing of
this action have been performed, have occurred, or have been waived.
COUNT I - CONVERSION
(AGAINST DEFENDANTS DANIELS AND MILLENNIUM)
55. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if fully set forth
herein.
56. On February 15, 2010, and February 24, 2010, Plaintiffs, Ernesto LIEBSTER and
MANFREDI SR., respectively, purchased 2,000 Model 4000 locks (hereinafter referred to as
"SUBJECT MERCHANDISE") from Defendant, MILLENNIUM, and executed a personal
guarantee as co-guarantors, for the SUBJECT MERCHANDISE in the amount of ONE
HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A."
57. In or around March 2010, the SUBJECT MERCHANDISE was shipped to DTS'
storage warehouse in Miami-Dade County, Florida. Shipping fees in the amount of ONE
THOUSAND FOUR HUNDRED FORTY DOLLARS ($1,440.00) was paid by LIEBSTER. See,
Exhibit "C."
The LawOffice ofMichad J. Repub.,,M.
7850 Mt Street* Suite 501a Miami Lakes, FL a 330168Te1(305)822-84228Fax(305)822.315$
EFTA01198622
Mattfredt, et. at v. Kobaltek, Ina, et at
Plaintiff's Complaint
Page I I of 23
58. Between April 21, 2010, and May 3, 2010, Plaintiffs, MANFREDI SR. and
Ernesto LIEBSTER, paid all amounts due for the SUBJECT MERCHANDISE pursuant to the
PERSONAL GUARANTEE. See, Composite Exhibit "D."
59. On or about September 8, 2010, Defendants, DANIELS and MILLENNIUM
converted to their own use the SUBJECT MERCHANDISE that was then the property of
PLAINTIFFS of the value of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). See,
Exhibit "A."
60. PLAINTIFFS have made several demands for the return of the property or the
value thereof, however, such demands have been futile, and Defendants, DANIELS and
MILLENNIUM remain in possession of said property.
61. PLAINTIFFS were damaged as a result of Defendants, DANIELS and
MILLENNIUM's wrongful retention of SUBJECT MERCHANDISE in an amount no less than
ONE HUNDRED THOUSAND DOLLARS (SI 00,000.00), not including interest and attorneys'
fees and costs.
62. As a direct and proximate result of Defendants, DANIELS and MILLENNIUM's
wrongful retention of SUBJECT MERCHANDISE, the PLAINTIFFS were required to retain the
services of the undersigned attorney to recover this debt.
WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR.,
and ALEXANDER LIEBSTF.R, as trustee for the Estate of Ernesto Liebster, demand a judgment
against the Defendants, MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a
Texas Corporation, and RON DANIELS, individually, for damages in an amount exceeding
ONE HUNDRED THOUSAND DOLLARS (5100,000 00), prejudgment interest, an award of
The Law Office of Michael J. Reppas,
7850M Me Streets Suite S01• Miami Lakes, FL, • 33016•Tel(305)822.8422•Fax(305)B22-31$5
EFTA01198623
Manfredi, et, al. v. KobeFmk, Inc., et at
Plaintiff's Complaint
Page 12 of 23
attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on all issues
triable.
COUNT II - CIVIL THEFT
(AGAINST DEFENDANTS DANIELS AND MILLENNIUM)
63. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if fully set forth
herein.
64. As previously stated herein, on February 15, 2010, and February 24, 2010,
Plaintiffs, Ernesto LIEBSTER and MANFREDI SR., respectively, purchased the SUBJECT
MERCHANDISE from Defendants, MILLENNIUM and DANIELS, and executed a personal
guarantee as co-guarantors, for the SUBJECT MERCHANDISE in the amount of ONE
HUNDRED THOUSAND DOLLARS ($100,000.00). See, Exhibit "A."
65. As previously stated herein, PLAINTIFFS paid all amounts due for the SUBJECT
MERCHANDISE pursuant to the PERSONAL GUARANTEE by or before May 3, 2010. See,
Composite Exhibit "D."
66. Accordingly, the PLAINTIFFS had a legally recognized property interest in the
SUBJECT MERCHANDISE.
67. As previously stated herein, on or around September 8, 2010, Defendants,
DANIELS and MILLENNIUM obtained the PLAINTIFF's SUBJECT PROPERTY with a
felonious intent to commit a theft and permanently deprive PLAINTIFFS' of their rights to and
benefit of said property.
68. The value of said property was ONE HUNDRED THOUSAND DOLLARS
($100,000.00). See, Exhibit "A."
The Law Office of Michael J. Reppas,
7850 146• Street• Sake 501• Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155
EFTA01198624
Manfredi, et. al. v. Kobetrek, Inc., et al.
Plaintiff's Complaint
Page 13 of 23
69. As previously stated herein, Defendants, DANIELS and MILLENNIUM,
wrongfully and illegally converted the SUBJECT PROPERTY from the DTS warehouse in
Miami-Dade County, Florida, and took it across state lines to their facilities in Houston, Texas.
70. PLAINTIFFS were injured by Defendants, DANIELS and MILLENNIUM's
violation of §812.014 of the Florida Statutes (2013).
71. On or around November 2012, PLAINTIFFS made a formal demand for the value
of the SUBJECT PROPERTY to no avail.
72. As a result of Defendants, DANIELS and MILLENNIUM 's actions, and pursuant
to §772.11 of the Florida Statutes (2013), PLAINTIFFS are entitled to treble damages and
reasonable attorneys' fees and court costs.
WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR.,
and ALEXANDER LIERSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment
against the MILLENNIUM LOCK INC., d/b/a ULTIMATE LOCK SYSTEMS, a Texas
Corporation, and RON DANIELS, for treble damages in the amount of THREE HUNDRED
THOUSAND DOLLARS ($300,000.00), prejudgment interest, an award of attorneys' fees and
costs incurred as a result of bringing this action, and a jury trial on all issues triable.
COUNT III - CONVERSION
(AGAINST DEFENDANTS KOBALTEK, BAYSINGER AND JOSEPH TITONE)
73. PLAINTIFFS repeat and re-allege paragraphs I through 54, as if fully set forth
herein.
74. On or about June 14, 2011, Defendants, KOBALEK, BAYSINGER, AND
JOSEPH TITONE, converted to their own use settlement funds that were then the property of
PLAINTIFFS of the value of TWENTY FIVE THOUSAND DOLLARS ($25,000.00).
TheLaw Office of Michael 3. Reppas,...
7850M. 146Th Street* Suite 501* Miami Lakes, FL. • 33016•Tel(305)822.8422•Floc(305)822-3155
EFTA01198625
Manfredi, et al. if. Kalmuck, Inc., el at
Plaintiff's Complaint
Page 14 of 23
75. PLAINTIFFS have made several demands for the settlement funds, however, such
demands have been futile, and DEFENDANTS remain in possession of said property.
76. PLAINTIFFS were damaged as a result of DEFENDANTS' wrongful retention of
said settlement funds in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00),
not including interest and attorneys' fees and costs.
77. As a direct and proximate result of DEFENDANTS' wrongful retention of said
settlement funds, the PLAINTIFFS were required to retain the services of the undersigned
attorney to recover this debt.
WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR.,
and ALEXANDER LIEBSTER, as trustee for the Estate ofErnesto Liebster, demand a judgment
against the Defendants, KOBALTEK, INC., an inactive Florida Corporation, DARREN
BAYSINGER, individually, and JOSEPH TITONE, individually, for damages in the amount no
less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, an
award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on
all issues triable.
COUNT IV - CONSPIRACY
(AGAINST DEFENDANTS BAYSINGER AND JOSEPH TITONE)
78. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if fully set forth
herein.
79. As previously stated herein, Defendants, BAYSINGER and JOSEPH TITONE,
conspired against PLAINTIFFS by doing the following overt acts in furtherance of their
conspiracy:
The Law Office ofMichael J. Reppas,
7850-. 1461%Serest• Suite 501* Miami Lakes, FL • 33016.Tet(305)822-8422sFax(305)822-3155
EFTA01198626
Manfred!, et. al. v. Kobakek, Inc., at al.
Plaintiff's Complaint
Page I5 of 23
A. by conspiring to divert potential insurance proceeds for the theft of PLAITNIFF's
SUBJECT MERCHANDISE from DTS's warehouse;
13. by forming Defendant, KOBALTEK, on or around September 29, 2010, for the
purposes of using such entity as the Plaintiff in the wrongful lawsuit filed against
DTS;
C. by BAYSINGER's soliciting and hiring Defendants JOSEPH TITONE without
the PLAINTIFFS' knowledge or approval, and despite their absolute protest about
doing so;
D. by JOSEPH TITONE'S representation of the PLAINTIFF's company and assets
without their knowledge or consent;
E. by conspiring to knowingly, wrongfully, falsely and maliciously make statements
to DALEY, and wrongfully informing DALEY that JOSEPH TITONE was
representing Plaintiffs, MANFREDI SR and LIEBSTER against DTS regarding
the stolen SUBJECT PROPERTY;
F. by conspiring to knowingly, wrongfully, falsely and maliciously request that
DALEY issue a new purchase order for the SUBJECT MERCHANDISE to "add
his name to the contact line and 'white out' Mr. Liebster's name," as such would
"hold 'more credibility' and show standing in this case (against DTS);"
G. by filing a lawsuit against DTS on October 29, 2010, seeking compensation for
the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the
DTS warehouse without the knowledge or consent of the PLAINTIFFS;
H. approaching PLAINTIFFS FIVE (5) months after having already wrongfully filed
the lawsuit described in the preceding paragraph, and for the first time informing
The Law Office ofMichael J. Reppas,
7850 l46i' Street• Suite 501• Miami Lakes, FL • 33016•Tol(305)822-8422•Fax(305)822-3 55
EFTA01198627
Manfredi, et al. v. Kohnllek, Inc., et al.
Plaintiff's Complaint
Page 16 of 23
PLAINTIFFS that Defendant BAYS1NGER had just learned of the theft of the
SUBJECT PROPERTY, and offered to assist PLAINTIFFS in snaking an
insurance claim against D'I'S;
1. by settling the case for insurance claims against DTS on June 14, 2011, and in
spite of the fact that the PLAINTIFFS had no knowledge that such lawsuit had
been filed in the first place;
J. by informing PLAINTIFFS, in or around July 2011, of Defendant
BAYS1NGER's intention to solicit the assistance of JOSEPH TITONE in the
recovery efforts against DTS, all the while having already known of JOSEPH
TITONE's involvement in same, and having known of same already having been
settled;
K. by informing PLAINTIFFS, in or around August 2011, that DTS offered to settle
the matter for FIVE THOUSAND DOLLARS ($5,000.00), despite the fact that
Defendants had already filed a lawsuit against D'I'S, and settled same for
TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), five times the amount
relayed to the PLAINTIFFS;
L. by intentionally misinforming PLAINTIFFS, in September 2011, that he was able
to secure a FIVE THOUSAND DOLLARS ($5,000.00) settlement from DTS, but
that same was needed to compensate JOSEPH TITONE for his services;
M. by failing to provide PLAINTIFFS with a copy of any documents whatsoever
reflecting the settlement with DTS regarding the SUBJECT MERCHANDISE;
N. by directing DTS to deposit the settlement funds into ANTHONY TITONE's
Trust Account;
The Law Office of Michael J. Reppas:.
7850 146th Suect• Suite 501* Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3b5
EFTA01198628
Manfredi, ei. al. v. Kobaliek, Inc., er al.
Plaintiff's Complaint
Page 17 of 23
O. by perpetuating multiple frauds upon the PLAINTIFFS, DTS, and the Court in the
lawsuit against DTS, by altering documents to establish standing in said case;
P. by otherwise conspiring to knowingly, wrongfully and illegally alter documents
and submit same to the Court for purposes of obtaining a settlement from DTS;
Q. conspiring to obtain and retain the settlements amounts received from the lawsuit
against DTS; and
R. by otherwise conspiring against the Plaintiffs as described with particularity in
paragraphs 1 through 54 above.
80. PLAINTIFFS were damaged as a direct and proximate result of Defendants,
BAYSINGER and JOSEPH TITONE's conspiracy for the amount of TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00), not including interest and attorneys' fees and costs.
81. As a direct and proximate result of BAYSINGER and JOSEPH TITONE's
conspiracy, the PLAINTIFFS were required to retain the services of the undersigned attorney to
recover the settlement amount.
WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR.,
and ALEXANDER LIEBSTER, as trustee for the Estate of Entesto Liebster, demand a judgment
against the Defendants, DARREN BAYSINGER, individually, and JOSEPH TITONE,
individually, for damages in the amount of TWENTY FIVE THOUSAND DOLLARS
($25,000.00), prejudgment interest, an award of attorneys' fees and costs incurred as a result of
bringing this action, and a jury trial on all issues triable.
The Law Office ofMichael J. Reppas,..
7850 146th Streets Suite 501* Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155
EFTA01198629
Manfredi, et, al. V. Kobaltek, Inc., et at
Plaintiff's Complaint
Page 18 of 23
COUNT V - FRAUD
(AGAINST DEFENDANTS KOBALTEK, BAYSINGER AND JOSEPH TITONE)
82. PLAINTIFFS repeat and re-allege paragraphs 1 through 54, as if (tiny set forth
herein.
83. In or around September and October 2010, and unbeknownst to PLAINTIFFS,
Defendant JOSEPH TITONE contacted DALEY, and knowingly, wrongfully and falsely
misrepresented to DALEY that JOSEPH TITONE was defending Plaintiffs, MANFREDI SR and
L1EBSTER against DTS regarding the stolen SUBJECT PROPERTY. Sec Exhibit "G."
84. In or around September and October 2010, and unbeknownst to PLAINTIFFS,
and in furtherance of their conspiracy, Defendant BAYSINGER requested that DALEY issue a
new purchase order for the SUBJECT MERCHANDISE to "add his name to the contact line and
'white out' Mr. Liebster's name." Id.
85. Defendant BAYSINGER further told DALEY that JOSEPH TITONE believed
that this new purchase order would "hold 'more ercdibility' and show standing in this case
[against DTS)." Id.
86. On or around October 29. 2010, Defendant KOBALTEK, via Defendant
BAYSINGER and represented by Defendant JOSEPH TITONE, knowingly, wrongfully and
falsely misrepresented to the Circuit Court of Miami-Dade County that same had standing to filo
a lawsuit against urs seeking compensation for the theft of the SUBJECT MERCHANDISE
belonging to PLAINTIFFS from the DTS warehouse.
87. In an effort to establish standing, Defendants KOBALTEK, BAYSINGER and
JOSEPH TITONE wrongfully and illegally altered documents and submitted same to the Court.
The Law Office ofMichael 3. Reppas,..
7850 146th Street* Suite 5010 Miami Lakes, FL • 33016•Teff305)822-8422•Fax(305)822-3155
EFTA01198630
Manfredi, et at v. Kobeliek, Inc., ei al.
Plaintiff's Complaint
Page 19 of 23
88. In or around March 2011 and over FIVE (5) months after having filed the lawsuit
described in the preceding paragraph, Defendant BAYSINGER knowingly, wrongfully and
falsely misrepresented to PLAINTIFFS that he had just learned of the theft of the SUBJECT
PROPERTY, and offered to assist PLAINTIFFS make an insurance claim against DTS.
89. In or around Aurtust 2011, despite having already filed a lawsuit against DTS and
settled with same for TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), BAYSINGER
knowingly, wrongfully and falsely misrepresented to PLAINTIFFS that DTS offered to settle the
matter for FIVE THOUSAND DOLLARS ($5,000.00).
90. In or around September 2011, in furtherance of their conspiracy, and despite
having already filed a lawsuit against DTS and settled same, BAYSINGER informed
PLAITNIFFS that they were able to recover FIVE THOUSAND DOLLARS ($5,000.00) from
131S but deeded said funds to compensate JOSEPH TITONE.
91. BAYSINGER and JOSEPH TITONE made such misrepresentation intending for
DTS and the CIRCUIT COURT OF MIAMI-DADE COUNTY to rely on such
misrepresentations, ultimately, to the detriment of the PLAINTIFFS and DTS.
92. PLAINTIFFS were damaged as a result of DALEY, the CIRCUIT COURT OF
MIAMI-DADE COUNTY and DTS' reliance on said misrepresentations, in an amount not loss
than TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), not including not including
interest and attorneys' fees and costs.
93. As a direct and proximate result of DEFENDANTS' wrongful conduct, the
PLAINTIFFS were required to retain the services of the undersigned attorney to recover this
debt.
The Law Office of Michael J. Reppas,..
7850 M. 146th Street. Suite 5010 Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822-3155
EFTA01198631
Manfredi,et al. v. Kobaltek Inc., d at
Plaintiff's Complaint
Page 20 of 23
WHEREFORE Plaintiffs, KENNETH MANFREDI, SR., KENNETH MANFREDI, JR.,
and ALEXANDER LIEBSTER, as trustee for the Estate of Ernesto Liebster, demand a judgment
against the Defendants, KOBALTEK, INC., an inactive Florida Corporation, DARREN
BAYSINGER, individually, and JOSEPH TITONE, individually, for damages in the amount no
less than TWENTY FIVE THOUSAND DOLLARS ($25,000.00), prejudgment interest, an
award of attorneys' fees and costs incurred as a result of bringing this action, and a jury trial on
all issues triable.
COUNT VI - BREACH OF FIDUCIARY DUTY
(AGAINST DEFENDANT JOSEPH TITONE)
94. Plaintiff repeats and re-alleges paragraphs I through 54, as if fully set forth
herein.
95. JOSEPH TITONE is an attorney licensed to practice in the State of Florida and,
accordingly, is required to comply with the Florida Bar Rules of Professional Conduct.
96. The Florida Bar Rules of Professional Conduct impose upon JOSEPH TITONE,
and all attorneys licensed in the State, with a fiduciary duty to all individuals and entities they
represent
97. JOSEPH TITONE was not retained by or authorized to act as an attorney for the
Plaintiffs with respect to the action styled as: Kobaltek, hia v. D7S Direct Mail & Fulfillment
SVCS, Inc.,Fla.,11th Cir., Case No.: 2010-58137-CA-01. See, Exhibit "H."
98. JOSEPH TITONE falsely represented to DTS and the Court, that he was counsel
for the Plaintiffs in the case he prosecuted and, ultimately, settled; to wit: Kobaltek, Inc. v. DTS
Direct Mail & Fulfillment SVCS, Inc., Fla., 1 Case No.: 2010-58137-CA-01. See, Exhibit
The Law Office ofMichael J. Itcppas,
71350 M. Mel' Street• Suite 501• Miami Lakes, EL • 33016•Tel(305)822-8422•Pax(305)822-3155
EFTA01198632
Magredl. as. at v. Kelmlick, Inc., n al.
Plaintiff's Complaint
Page 21 of 23
99. JOSEPH TITONE wrongfully acquired and thereafter abused his fiduciary role as
counsel for the Plaintiffs, by taking unconscionable advantage of the Plaintiffs, to their great
detriment, by performing the acts identified below, Inter alia :
A. by conspiring to divert potential insurance proceeds for the theft ofPLAITNIFF's
SUBJECT MERCHANDISE from DTS's warehouse;
B. by fonning KOBALTEIC, on or around September 29, 2010, for the purposes of
using such entity as the Plaintiff in the wrongful lawsuit filed against DTS;
C. by representing the PLAINTIFF's company and a.kte'S without their knowledge or
consent;
D. by conspiring to knowingly, wrongfully, falsely and maliciously request that
DALEY issue a new purchase order for the SUBJECT MERCHANDISE to "add
his name to the contact line and 'white out' Mr. Liebster's name," as such would
"hold 'more credibility' and show standing in this case [against DTS];"
E. by filing a lawsuit against DTS on October 29, 2010, seeking compensation for
the theft of the SUBJECT MERCHANDISE belonging to PLAINTIFFS from the
DTS warehouse without the knowledge or consent of the PLAINTIFFS;
F. by settling the case for insurance claims against DTS on June 14, 2011, and in
spite of the fact that the PLAINTIFFS had no knowledge that such lawsuit had
been filed in the first place;
G. by conspiring with BAYSINGER to inform PLAINTIFFS, in or around July
2011, ofBAYSINGER's intention to solicit the assistance of JOSEPH TITONE
in the recovery efforts against DTS, knowing of the prior unauthorized
representation in said suit and having known of same already having been settled;
The Law Office ofMichael J. Reppas,
7850m. meh Sweets Suite 501* Miami Lakes, FL • 33016•To1(305)822-8422•Pax(305)822-3155
EFTA01198633
Manfredi, at at v. Kobalrek, Inc., of at.
Plaintiff's Complaint
Page 22 of 23
H. by informing PLAINTIFFS, in or around August 2011, that DTS offered to settle
the matter for FIVE THOUSAND DOLLARS ($5,000.00), despite the fact that
Defendants had already filed a lawsuit against DTS, and settled same for
TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), Jive times the amount
relayed to the PLAINTIFFS;
1. by intentionally misinforming PLAINTIFFS, in September 2011, that he was able.
to secure a FIVE THOUSAND DOLLARS ($5,000.00) settlement from DTS, but
that same was needed to compensate JOSEPH TITONE for his services;
J. by failing to provide PLAINTIFFS with a copy of any documents whatsoever
reflecting the settlement with DTS regarding the SUBJECT MERCHANDISE;
K. by directing DTS to deposit the settlement funds into ANTHONY TITONE's
Trust Account;
L. by perpetuating multiple frauds upon the PLAINTIFFS, DTS, and the Court in the
lawsuit against DTS;
M. by altering and falsifying documents to establish standing in said case;
N. by self-dealing;
O. by converting funds belonging to others;
P. failing to hold in trust the property of others;
Q. by otherwise conspiring to knowingly, wrongfully and illegally alter documents
and submit same to the Court for purposes of obtaining a settlement from DTS;
R. conspiring to obtain and retain the settlements amounts received from the lawsuit
against DTS; and
TheLaw Office atMichael J. Reppas,
7850M. He Street• Suite 5010 Miami Lakes, FL • 33016•Tel(305)822-8422•Fax(305)822.3155
EFTA01198634
Manfredi, et at v. Kahane& Inc., et at
Plaintiff's Complaint
Page 23 of 23
S. by otherwise conspiring against the Plaintiffs as described with particularity in
paragraphs 1 through 54 above.
100. PLAINTIFFS were damaged as a direct and proximate result of JOSEPH
TITONE's breach of fiduciary duty in the amount of TWENTY FIVE THOUSAND DOLLARS
($25,000.00), not including interest
ℹ️ Document Details
SHA-256
b38acbd944526b47e7773a727892e719aa28327e35e97a9cbf979d261be211d9
Bates Number
EFTA01198613
Dataset
DataSet-9
Document Type
document
Pages
49
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