IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.
Mar
23 07
11:56a
IN
THE CIRCUIT COURT OF THE
17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD
COUNTY, FLORIDA
GENERAL
JURISDICTION DIVISION
CASE
NO.
XXX
XXXXXX XXXX, Trustee, 07006432
Irrevocable
Trust Agreement Number III,
A
Florida
Trust,
Plaintiff,
vs. SUMMONS
TRUST
LICENSING, INC. a Florida Corporation 11:40
AM 09
And
CONNECTED MEDIA TECHNOLOGIES, INC. 3/8/2007
/s/
Xxxxxxx Xxxxxx
#030
Defendants
_________________________________________
THE
STATE
OF FLORIDA
To
all
and Singular the Sheriffs of said State:
YOU
ARE
HEREBY COMMANDED, to serve this summons a copy of the complaint or petition,
and
request for admission in the above styled cause upon the defendant:
TRUST
LICENSING, INC.
a
Florida corporation
By
serving: XXXX
X. XXXXXXXX, Registered Agent
000
Xxxx
Xxxxxx Xx., Xxxxx X000
Plantation,
FL 33324
In
their
absence any other agent in accordance with F.S. 48.081
Each
defendant is hereby required to serve written defenses to said complaint or
petition on Plaintiff’s attorney: XXXXX
X. XXXXX, ESQ./XXXXXXXXX & XXXXX, P.A. whose address is: 00000 Xxxxx Xxxx
00xx
Xxxxxx, #000, Xxxxx Xxxxx Xxxxx, Xxxxxxx, 00000,
(000)000-0000,
within
20 days after service of the summons upon you, exclusive of the day of service,
and to file the original of said written defenses with the Clerk of said Court
either before service on Plaintiff’s attorney or immediately thereafter. If you
fail to do so, a default will be entered against you for the relief demanded
in
the complaint or petition.
WITNESS
my hand and the seal of said Court on March
22, 2007
XXXXXX
X.
XXXXXX, CLERK
By:
_________________________
Deputy
Clerk
Broward
County Sheriff COURT
SEAL XXXXXXX
X. XXXXX
XXXXXX
& ASSOC.
A
TRUE
COPY
Circuit
Court Seal
Mar
23 07
11:56a p.2
IN
THE CIRCUIT COURT OF THE
17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD
COUNTY, FLORIDA
GENERAL
JURISDICTION DIVISION
CASE
NO.
XXX
XXXXXX XXXX, Trustee,
Irrevocable
Trust Agreement Number III,
A
Florida
Trust,
Plaintiff,
vs. COMPLAINT
TRUST
LICENSING, INC. a Florida Corporation
Defendants
_________________________________________
Plaintiff’s,
XXX XXXXXX XXXX, Trustee, Irrevocable Trust Agreement Number III, a Florida
Trust, (“JHL”) sues the Defendant, Trust Licensing, Inc., a Florida corp.,
(“TL”) and CONNECTED MEDIA TECHNOLOGIES, INC., (“CMT”) and states
that:
1.
This
is
an action for damages in excess of $15,000.00.
2. JHL
is
the Trustee for Irrevocable Trust Agreement Number III, a Florida
Trust.
3.
Defendant,
TL is a Florida corporation with its principal place of business at 000 Xxxxx
Xxxx xxxxxx Xxxx, Xxxxx X000, Xxxxxxxxxx, Xxxxxxx. Venue is proper in Broward
County, Florida
3.(a)
Defendant,
CMT is a foreign authorized corporation with an office in Broward County,
Florida
4. All
conditions precedent have been met or have occurred prior to bringing these
causes of actions.
COUNT
I
Promissory
Notes
5. Plaintiff
repeats Paragraphs 1 through 4, as if fully stated herein.
6. Prior
to
commencement of this action, JHL became the owner and holder of Promissory
Note
Loan Number 200184, previously own and hold by Bank of Florida Southeast, (f/k/a
Bristol Bank). Attached hereto as Exhibit “A” is a copy of that Promissory Note
executed by TL, in the
Mar
23 07
11:56a p.3
Principal
sum of
$250,000.00. Attached hereto as Exhibit “B” is a copy of the assignment by Bank
of Florida Southeast to JHL.
7. The
Promissory Note refered to in Paragraph 6 has matured on October 25th,
2006
and is payable in full with accrued interest, default interest, cost and
attorneys fees pursuant to the terms of the note. TL, has failed to pay the
note
with interest notwithstanding demand upon it.
WHEREFORE,
TL owes JHL the sum of $250,000.00, plus accrued interest, default interest,
cost and attorneys fees pursuant to the terms of the note.
COUNT
II
Promissory
Note
8. Paragraphs
1 through 4, are incorporated by reference.
9. Trust
Licensing LLC was a Florida corporation that was merged into TL on or about
August 25th
2004. As
such, it is not a party to this lawsuit that is either indispensable or
necessary.
10. Trust
Licensing LLC executed a Promissory Note in favor of JHL in the principal sum
of
$165,000.00, copy of which is attached hereto as Exhibit “C”.
11. On
October 8th
2004, TL
executed a Promissory Note in favor of JHL in the principal sum of $25,000.00
and on march 9th
2005,
another Promissory Note in the sum of $55,000.00. Attached hereto as Exhibit
“D”
is an acknowledgment by TL of the aforesaid Promissory Notes contained in an
extension agreement allowing all oif the notes to mature on December
9th
2005,
the Promissory Notes for $25,000.00 and for $55,000.00 will be filed and put
of
record when located.
12. A
subsequent written extension was granted by JHL to TL up to and including
December 9th,
2006.
Attached hereto as Exhibit “E” is a copy of the extension.
13. TL,
isa
in default of the aforesaid Promissory Note by failing to pay the principal
sums
at maturity, plus accrued interest, any default interest and attorneys fees
pursuant to the terms of the notes.
WHEREFORE,
JHL seeks damages in excess of $15,000.00, plus interest, costs and attorneys
fees, pursuant to the terms of the notes.
COUNT
III
Reimbursement
of Expenses
14. Paragraphs 1 through 4, are incorporated by reference.
Mar
23 07
11:56a p.4
15. XXXXX
XXXXXXXXXX (“LR”) was at all material times an officer and director of TL and
authorized to act on behalf of TL.
16. In
the
course of his management duties, LR incurred expense and was entitled to
reimbursement from TL, in the approximate sum of $43,000.00. The expenses were
verbally detailed at board meetings, and approval was given for the
reimbursement, but the funds were never paid to him.
17. Prior
to
the filing of this suit, XX assigned the right of compensation for the expenses
to JHL and no longer has an interest in the right to those monies.
WHEREFORE,
XXX seeks Final Judgment in his favor, exceeding $15,000.00 plus costs and
legal
interest.
COUNT
IV
Acknowledgement
of Debt by CMT
18. Paragraphs
1 through 4, are incorporated by reference.
19. CMT
has
acknowledged in writing its liability for the Promissory Note referred to in
paragraphs 6 and 11 herein and has also disclosed this to the Security and
Exchange Commission.
20. Specifically,
in a Stock
Purchase Agreement and Share Exchange Agreement dated January 31, 2006 at
page
32, Schedule 2.11, CMT acknowledged the debts as its own. The original Agreement
is in ther procession of CMT.
WHEREFORE,
XXX seeks Final Judgment in his favor, exceeding $15,000.00 plus interest,
cost
and attorneys fees.
XXXXXXXXX
& XXXXX, P.A.
Attorneys
for Plaintiff
18260
N.E. 00xx
Xxxxxx
#000
N.
Miami
Beach, FL 33162
Phone: (000)
000-0000
Fax: (000)
000-0000
xxxxxxxxxx@xxx.xxx
/s/
Xxxxx
X.
Xxxxx
Xxxxx
X. Xxxxx
Florida
Bar No. 277479
