‘SUMMONS - CIVIL STATE OF CONNECTICUT Rargna eee ca seat SUPERIOR COURT ‘See page or ttons Soe RETREAT wont “taunt nal nr ropa ean rtincing ne To: Anypoper oer By AUTHORITY OF THE Dy ee erpunt laa ieret or open demand, ae ‘STATE OF CONNECTICUT, youare harsby 5 amen ga erst or open dears otncudngmtwestand__‘sienanced toma dup aap sore of Gea sasb emo ‘5e Setmors on soe Coplare 7 52 caning ober rele ostinato mney or arses La ee NET 25 Weshinglon Seat, Haror, CT 06108 (so) s48 2700 El yog— fb -2010 a ream EROTESE Hoa Tyan TOT ii [nero cr os108 Moje Tune 29 For the Plantif) please enter the appearance of aR aR ye pa SPT RL TOT RTT OT ‘The Law Ofces of Sean J Store LLC, 173 Galovood Ave Warr, CTOO13 jas Teens arr Sa aa A (ceo) sas.s73 near aero nce 2 Tor 10 00a tated anal pas Paes [iat FA Fd wi ABs STE py rr Sono PO. Boe; Yow: Se; Bp oun, FOTO. ret so Stefan. Stlarng 123 akan Ae, Matfrd CT part, [Me Alerandor Aponte 408 FamingionSosoue Suite 202.Hanfors.chopiyg patter [edie Law ofan of Anand Aponte, tL. ol ‘0 Farmington Avenut, ute 22, aror, St Notice to Each Defendant SEE ‘Coat eu betes he aba any here above et Gas T tam om stots heath a YOU Co ave ce cl de 1 Hothead oe Canny ak tay cy Tw Ci of a ie elo gh nn en a one 2 [eareatopae mer oe EESE [Reena onoreae tae Tne Sarna aed Ga rent i OY 1 Theagnng eS tase dre Pint wt die nano ct ae 2 Ne ezieonty ters see atc nor rte meterpoute be Thee pena gre any ups se ncn we syne {the Gon spmgine Sans hu on Rot ta uae ay wy ay ‘Stesortnn Sanna gtr cone cts Sones Same Sone, Teg gee [ore E Leconte soo 2 ‘net Paterson, 173 Oats Ave, West ardor CT 6419 Seat tiernovmeseat Spon BY ER Ta Oasis Paar ata)(860) $46-4573-Fax (460) 586-8709. West tte RETURN DATE: Oct 19,2010, ‘SUPERIOR COURT MARIBEL DIAZ : )DLOP HARTFORD v : ATHARTFORD ALEXANDER APONTE and ‘LAW OFFICE OF ALEXANDER APONTE, LLC SEPT25 2010 COMPLAINT FACTS 1, Maribet Diaz is an individual, who at all mes relevant herein, lived in Hartford, Hartford County, Connecti 2 Atal timesherein and upon information and belie, the defendant, Alexander ‘Aponte (“Aponte”) was an attomey licensed to practice law in the state of Connecticut and is the principal oF managing member ofthe Law Otfce of Alexander Aponte, LLC. 3. TheLaw Oifico of Alexander Aponte, LLC (“Fim i 3 Connecticut domestic corporation with a pinepal place of business of 609 Famangton Avenue in Hartford, Connecticut 4, Inoraround January or February of 205, Plant, Maribel Diaz was approached by Father Michel Galasso ofS Peters Church in Hartford and asked iste would be willing tobe the buyer fr small grocery he currently owned in Hartford. Father Galasso explained he was the legal owner, but not the actual owner. Father Galasso explained thatthe60) $96-8573-Fax (860) 586-8708 actual owners and managers ofthe grocery was a farly known to Paint Diaz asthe husband was a member ofa singing group in which Psi Diaz was also a member and Father Galasso was the leader. Father Galasso filly explained that he needed tobe relieved from the responsibilty of ownership ofthis grocery for ox purposes 5. Shortly thereafter, Plaintif Diaz was invited to the home of ApotinarCollado and his wif Uilian Adames. Mr. and Mes, Collado-Adames further explained their need for someane to have he grocery in heir name an encouraged Plant Dinz to discus the mater further with Father Galasso 6. Plant Dia spoke to Father Galasso again, wos assured there was nothing ‘wrong wih this transaction, that Mr. and Mis, Cllado-Adames were “good people” and that Plaintiff Diaz had “noting to wory about” Havingheen bom and raised inthe Catholic Church Plaintiff Diaz relied on the word of priest. The purchase of the grocery fom Father Galasso went through ona shout Febraary 15, 206. 7. Plaintiff Diaz ha no knowledge tnt ApotinarCollado was a convicted felon and tha specifically, he was convicted in the late 190s for crimes eating to food stamp fraud, in excess o 15 milion dollars, Planif Diaz alzohad no knowledge that Mr. Colado was nt» Jega resident ofthe United States.(460) $16-4573-Pux (860) 886-8709. ° 8, Plinif Diaz was not involved in the management or administration ofthe grocery and derived no revenue or income from same 9, By letter dated November 3,200, the USDA notified "Maribel Diz, El Paderoso Supermarket, 194 Mather Sret” in Hartford of charges for “accepting fod stamp benefits in exchange for merchandise, which, tn addition to eligible foods, included non-food items” The “charge letter” was sent via FedX delivery and sigoed fr by a "T.Campos,” presumably an ‘employee of Mr. and Mas, Collado-Adames atthe grocery, on November J, 2005. The charge leter was never provided to Plant Diaz and she was never notified of the investigation by ‘Mr. Collada or Ms, Adamnes or ay other persons who worked in or around the store. 10. Attomey Aponte was advised by Apolinar Collado on or about November 10, 2005, that El Poderoso Supermarket was the subject of “an investigation by the Federal Department of Agriculture.” 11, Attomey Aponte atthe request of Apotinar Collado rote a eter to Robert, Hughes, Oficer-in-Charge ofthe Connecticut office ofthe USDA, on November 1, 2005. 12, Attomey Aponte’'s leer of Noverber 11,2005 fo the USDA stated that he represents "Maribel Dias,” requests an appointment ta discuss the changes, and requests the documents relating tothe charges pursuant tothe FOIA,er stro 13. Plaintiff Disehed never met Attorney Aponte and never requested he represent herin the matter before the USDA as she did noteven now of an issue withthe USDA that rmay have required sttomey intervention or assistance. Further, Plintif Diaz never signed @ writen fe agreament or agreement of representation with Attomey Alexander Aponte permitting him to represent her in the matter pending before the USDA. of for any other matter. 14. Plaintiff Diaz never spoke with Attomey Aponte ar any member of his Frm relating to any issues regarding the El Poderoso Supermarket. 15. _Attomey Aponte knew that “Maribel Diaz” was the subject ofthe investigation by the USDA and not Apoinar Collad or Lilian Adames. 16 PhoiniffDiazhasnever met Atorey Alexander Aponte and AKorney Aponte ‘ied solely on his communications with Apolinar Collad, the convicted felon in his representation of her. 17, Attomey Aponte never contacted Paint Daz ta discuss her best interests, confem whether she consents this representation of her, ort disclose his prio representation ‘of Mr. Collado in similar matters inorder to gain her consent to represent her in he present matter before the USDA.(sen) sBe8s75-Pew 18 _Attomey Aponte was filly aware, or should have known asa reasonable inquiry ‘would have revealed, of Apoinar Collado's prior fetime suspension fom participation in the Food Stamp Program as administrated by the USDA. 19, Attomey Aponte was flly aware, or should have known asa reasonable inquiry ‘would have revealed, that Apolinar Collada was previously deported in August of 1999 back to his home county ofthe Dominican Republic ashe was inthe United State illegally, following, conviction for Food Stamp fraud, as wells othe felonies. 20. Attomey Aponte violated the reasonable professional standard of care for attorneys in Connecticut in his representation of Maribel Daz in that his efforts in behalf of, Plaintiff Diaz benefited Apotinar Colla and his wife Lili Adames, who were the actual owners ofthe supermarket and derived all finan benefit rom the grocery, and not Ms. Dia, his lien, as his correspondence tothe suthoritiesst the USDA purport. 21. _Attomey Aponte's correspondence of November 11,2005, purported to be in ‘behalf of Maribel Diaz, actully benefited ApotinarCollado and Lilian Adamesin that ‘Attorney Aponte’s actions were necessary inorder to attempt to prevent or dey the USDA in precluding El Poderoso Supermarket fom scepting food stamps, sie at this time, i was not. 22, Plaintiff Diaz derived no Financial benefit rom El Paderoso Supermarket so any Purported efforts to prevent the USDA from disallowing the Supermarket from accepting food(260) $86-4873-Fan (460) SH6-8 709. stamps had no benefit on Plaintiff Diaz and therefore, could not be considered in her best interest, Immediate removal ofthe food stamp machines to prevent any further allegations of fraud by the USDA would have been in Ms. Diaz’ best interest, ta severe detriment to Apotinar Collado and Lillian Adames, as 59 much of thet income was apparently derived through the food stamp program. 23. The following isa list of correspondence either sent to ar received from the USDA by Attorney Aponte in behalf of Plaintiff Diaz: By letter dated November 18, 2005, Robert Hughes of the USDA responded to Attomey Aponte's FOLA request relating to charges against his “lient, Maribel Diaz,” by providing Attorney Aponte with the relevant regulations that were the bases forthe charge letter against the grocery. By letter dated November 23, 205, Michael Brown of the Trenton Area Office of the USDA responded to Attorney Aponte’s FOIA request relating to charges against the grocery. By letter dated December 2, 005, the USDA notified “Maribel Diaz, El Poderoso Supermarket, 194 Mather Street” in Hartford of the Disqualification {rom the Food Stamp Program. The letter noted “consideration has been siven to the information and evidence available tous relating to our letter of charges dated 11/5/2005 and to your reply of 11/14/2005." ‘The USDA Disqualification letter was signed for by an individual at El Poderoso Supermarket by the name of "J. Vazquet” on December 23, 2005, ‘the reply Mr. Hughes refers to here is the 1/11/2005 letter of Alexander Aponte, Esq, which ‘as received by the USDA on 11/14/2005,60) SU6-8S78- Pas (460) S86-8709 By letter dated January 3, 2006, Attorney Aponte requested a Review, pursuant to the provisions as explained in the Disqualification letter, by ‘sending letter to the USDA, Administrative Review Staff. Attomey Aponte specifically states that "this office represents Maribel Diaz with regard to the finding of food stamp violations and disqualification from the food stamp program for six months thats referred to ina letter dated December 22,2005 By letter dated January 6, 2006, Attorney Aponte again requested a Review by sending another letter to the USDA, Administrative Review Staff. This letter specifically states that "this office represents Ms, Maribel Diaz with regard tothe finding of violations, Civil Money Penalty ("CMP") and. disqualification that is referred to in a letter dated December 2, 2005 ...” By letter dated January 6, 2006, by Attomey Aponte to Larry D. Rose, USDA, Administrative Review Officer, Attorney Aponte confirms their conversation ‘of that date in which an extension of the deadline "by whieh information in support o our request for administrative review must be submitted to your office. The deadline has been extended from February 20,2006 to March 20, =p By letter dated March 16,2006, Attorney Aponte notified Larry D. Rose, USDA Administrative Review Oificer that the grocery has been sold and that “Maribel Diaz no longer owns this store and does not wish to seek «administrative review of the matter before you.” Emphasis added. By letter dated March 27,2006, Lary D. Rose, USDA Administrative Review Officer acknowledged receipt of Atomey Aponte's March 16,2006 letter withdrawing the request for an administrative review. By letier dated Apri 19, 2006, the USDA notified "Maribel Diaz, 42, Goshen St" in Hartford that asa result ofthe sale ofthe grocery the USDA has assessed a CMP in the amount of $30,846.00. According tothe proof of delivery, there was no signature obtained at delivery and that a "signature release on file" was noted and thus, the letter was left at this address. Plaintiff Diaz did not live at this address and thus, did not receive the letter,(860) 586-8575-Fax (460) Sa6-8r 08 24. Maribel Daz never received the December 2, 2005 Disqualification letter seerred tin paragraph 23c above, and was never apprised of an investigation by the USDA and therfore, dd not know ofthe potential penalties if she sod the store. 25. _Attomey Aponte never noid Pint Daz. there was an investigation being conducted by the USDA, never copied er on any Iter he wrote inher behalf or received as her counse, and never notified Paint Diz ofthe potential penalties she sold the store 26, According tothe December 2, 205 Disqualification leer, El Poderoso Supermarket wa sil not precided fom accepting fod stamps. Atforey Aponte’s continned -epresenaton of Plaintiff Diaz and continued actions were inthe best interests of Mr and Mrs Collado-Adames and not Plaintiff Diaz as she derived no income o financial gain fom the grocery 27. Attomey Aponte was proved a copy ofthe USDA's Disqualification leer dated December 22,2005 by persons other than Plant Dia. 28 OnJanuary 6, 2008, Maribel Diaz had not been administered a Civil Money Penalty, in pte of Attomey Aponte’ reference to CMP ini January 6, 2005 corespondence tothe USDA.(60) 586-8573 Fox (860) s86-8709 fer, er 06 2, The December 22,200 Disqualification letter specifically states, “ia timely request fr review is made, you may continue to accept and redeem fod stamp benefits unt the review officer has made a decision on your request.” 30, Atlomey Aponte filed two requests fora review inorder to permit Ei Poderoso Supermarket to continue to accept and redeem foo stamp benefits, which efforts were notin the best interest of Maribel Diaz, his purported client as stated in his communications tothe USDA inher behalf but in fact inthe best interest of Mr. and Mrs, Collado-Adames, who needed to continue to accep the benefits as they derived so much income from same. 31. Theextended deadline referred toin Attorney Aponte’s January 6, 2006 eter to Larry D. Rose, USDA Administrative Review Otfier which states “by which information in support of our request for administrative review must be submited to your office” was notin the best interest of Attomey Aponte’ client, Mabel Diaz but infact such a delay was in the best interests oF Me. ant Mrs. Collado-Adames in ight ofthe fat that they were permitted to continue to accept benefits atthe grocery tint a review officer had made a decision on the 52. _Attomey Aponte knew or should have known that his letter of March 16, 2006 in Which he notified the USDA that Maribel Diaz had sold the store would automatically subject(#60) 546-4573-Fan (260) 586-8709. Maribel Dae oa Civil Money Penalty fr selling the grocery during the six month peti of Alsqualification from the fod stamp program 38. _Atiomey Aponte knew or should have known that Maribel Diaz was unaware of the USDA's investigation and the potential of «Civil Money Penalty should she sll the store dlr the peciod other disqualification fram the food stamp program, 3h Attomey Aponte's notifying the USDA that Plaintiff Diaz sold the store and that hh was no longer involved with Plantif Diaz in a epresentatve capacity exposed Ms, Diaz to significant financial penalties. 35. Plaintiff Diaz would nothave been subject to9 CMP had she waited until after {he expiration ofthe six month disqualification period to sll te supermarket 36. With penalties and interest, the CMP imposed by the USDA is crsentlyin excess ‘oF $45,300.00, sce attached Exhibit A. 37. None of the USDA communications were signed (ror received by Meribel Diaz. 38 Theonly evidence the USDA hid of Maribel Diaz being aware ofthe investigation, and thus, the potential CMP f she sold the store during the disqualification period was ther communications with the Defendant, Attoey Alexander Apont, in which he stated he represented Maribel Diaz and refered to communications sent to her and intercepted by others at El Poderoso Supermarket.(60) $46-4893-Pay (860) 886-8709. 39. Maribel Diaz never met Attomey Aponte and never retained his services 40. Maribel Diaz was not aware of Apotnar Colladts alias identities, but has since teamed of many of them, particularly through communications with authorities lating to Mr. Collado's recent conviction for re-entering the US. legally and order for ultimate deportation "upon completion of his sentence. 41. Upon information nd bet, Me. Coad’ alias identities ate Polo Callado- ‘Adames, AplinarCallado-Adames,Apolinar Collad, Polo Collada, Leonaldo Collada, Jose ‘Adame, David Martin and David Polo, 42 Plaintif Diaz was not aware of the USDA's investigation and subsequent penalties until August of 208 when she was conlaced by the IRS at her place of exmployment 48, On October 23,2008, Maribel Diag sentaltter to the Connecticut ofice of the USDA explaining her concerns. Itwas during a conversation with a representative ofthe Hartford office ofthe USDA that Plant Dis ist learned of Atorney Alexander Aponte and the fact hat he had allegedly claimed to have represented her inthe underlying action (the investigation of Plant Diaz by the USDA for allegedly accepting food stamps for non-food items at El Poderoso Supermarket), Plaintiff Diaz made clear to that USDA representative that she had no idea who Alexander Aponte was ois and that she nt only never knew ofthe ‘USDA's investigation, but never hired Alexander Aponte to represent het(260) Hee-es 73 Fax (460) 586 173 oskwooe & ° Count One ~ Legal Malpractice 41-43, Paragraphs One through Forty-Three above are restated and realleged as Paragraphs One through Forty-Three ofthe First Count ofthe Complaint as though fully contained herein, 44. When Attorney Aponte informed the USDA he was retained and represented Plaintiff Diaz, he created an attomey-client relationship in which he was then required to full his obligation to use his skill, competence and diligence in Plaintiff Diaz behalf, 45. Defendant Aponte breached the standard of care ofa duly licensed attomey in the state of Connecticut to practice law by failing to use his skill, competence and diligence in that he a. never met Plaintiff Diaz before engaging ina representative capacity in her behalf with the USDA; 'b, failed to obtain Plaintiff Diaz’ consent to represent her legal interests; © failed to provide Plaintiff Diaz with a written fee agreement atany time during his representation; 4. relied on one or more third-parties with interests conflicting with Plaintiff Diaz for information and advice relating tothe USDA's(860) 586-8573 Fox (460) 586-8709 ° fora, er 06 2 investigation of Plantif Diaz in which Paint Diaz was the subject and sole individual atk; represented Apoinar Collado and Lilian Adames in the mate eating to the USDA's investigation of Maribel Dias or illegally accepting food stamps for non-food items at El Poderoso Supermarket, individuals with conflicting interest from Plaintiff Diaz; failed to disclose, ether verbally or in waiting to Plaintiff Diaz of his prior representation of ApolinarCollado and the apparent conflict of interest in which sad prior representation pose to Plainift; never communtated with Plant Dia, ether verbally or in ering, stout his efforts inher behalf with the USDA relating tothe USDA'S investigation of Plintif Di for legally accepting fod stamps fr non- food items at Hl Poderoso Supermarket, thus preventing Plt the ‘opportunity to make informed decisions about his representation; ever provided Plantif Diaz copies of correspondence he drafted or received during his representation of Paint Daz relating tothe USDA\s investigation of Plaintif Diaz for illegally accepting food stamps {for non-food items at Bl Poderoso Supermarket;(60) 586-8573-Fax (860) 586 2 ° ‘obtained extensions of time and delayed the proceeding ofthe Administrative review ofthe disqualification of Paint Diaz from prtiipating inthe food stamp program inorder to permit El Poderoso Supermarket to continue to participate inthe fod stamp program pending sid review, tothe detriment of Plantif Diaz; notifying the USDA Plintif Diaz “no longer owns the store” ‘mumediately after Plaintif Diaz had transferred her ownership interest in "EL Poderoso Supermarket subjecting Plaintiff Diaz to substantia financial penalies:and faling to aivise Plaintiff Diaz of the potential financial penalties should she sell El Poderoso Supermarket during the period of Disqualification imposed by the USDA. 46. Asa proximate cause ofthe breach of the defendant, Alexander Aponte his agents, servants and/or employees, the plaintilf, Maribel Diaz, sustained and suffered the following: {A civil money penalty levied by the IRS in behalf of the USDA in the original amount of §4,84600. With penalties and intrest, the penalty is curently in excess of $43 30.00, see attached Exhibit A; Inability to purchase frst home for her and hee disabled son;(260) ske-es7s Pes (460) 586-8709 © Significant damage to her credit health and credit rating: 4. Inability to obtain credit cards, to purchase a new vehicle and the humiliation of having to temporarily move back in with her parents, with her minor child, to gain some Financial stability; and 1@.Loss ofsleep and diagnosis with depression, anxiety and panic attacks, ‘hich have all required prescription medications to relieve symptoms: and a heatt condition discovered by her physician that as a result of ‘chest and heart pain, has required medications to reduce the workload ‘on her heart and help it beat more regularly. 47. Allof these injuries caused the plaintiff, Maribel Diz, severe pain, mental anguish and stress of mind and some or all of said injuries or the effects thereof are likely to be permanent in nature, 48. Asa further direct and proximate result of the negligence of the defendant, ‘Alexander Aponte, his agents, servants andlor employees, the plaintiff, Maribel Diaz, was ‘compelled to expend and will be obliged in the future to expend large sums of money for ‘medical treatment, therapy, hospital, x-rays; medicines, ete, all to her loss and damage. Count Two ~ Fraud 148. Paragraphs One through Forty-Eight of the First Count are restated and realleged as Paragraphs One through Forty-Fight ofthe Second Count ofthe Complaint as though fully contained herein(860) SHG-RST2: Pax (460) $86-8709: Furie # A26z2s A. er esis 2 48. _Attomey Aponte’ actions were fraudulent in nature and exhibited a reckless indifference othe rights of Plants Diaz and a wanton violation of those rights 50. Asher legal representative, Attomey Aponte hada fiduciary duty to Plant Diaz to disclose facts and crcumstances that would permither to make informed decisions regarding his representation and in the investigation being conducted by the USDA into her alleged acceptance of food stamps for non-food items at Et Poderoso Supermarket BI. _Inabsence of Attomey Aponte's disclosure of any facts and ctcumstances relating tothe USDA investigation and in his otyng the USDA he represented her without her knowledge or consent, Atomney Aponte actions were fraudulent 52. _Attomey Aponte knowingly misrepresented the status of his relationship with Plaintif Diaz to the USDA in order to protect the interests of Apolinar Colado and Lilian ‘dares. 58. Theintentof Atomey Aponte’ actions and/or inactons was to prevent Plintiff Diaz from laming ofthe USDA's investigation and immediately removing the equipment necessary to accep food stamps at El Poderoso Supermarket and notifying he USDA ofthe Jdentity ofthe persons who managed the Supermarket(860) SR6-RS72. Pan (46) S86-8TOD 173 Onkwood Avene 54 Asa proximate cause ofthe fraudulent actions andlor inactions ofthe defendant, Alexander Aponte his agents, servants andor employees the paint, Meribel Din, sustained and sufered substantial damages, a fully described above, in Count One. Count Thxee ~ Negligent infliction of Emotional Distress 1154, Paragraphs One through ity Four ofthe Second Count ate restated and realeged as Paragraphs One through Fifty-Four ofthe Th Count of the Complaint as though fly contained herein 55, Asanattomey, Alexander Aponte knew or should have known that his actions and/or inations involved an unreasonable risk of causing extreme emotional sires to Plaintiff Diaz when discovered and that sad discovery might result inilness or harm ther person 56. Attomey Aponte’ actions and/or nations were s extreme and outrageous as to subjet Pini Diaz to substantial damages. 57, Asanattomey, Alexander Aponte ad a fiduciary duty to Plaintiff Dae to lisclose facts and circumstances thot would permit her to make informed decisions regarding his representation and in the investigation being conducted by the USDA into her alleged acceptance of food stamps for non-food items at El Poderoso Supermarket.(860) s86-573-Fox (860) 86-4709. ° 1 er 06: ro 173 Oakwood Avenue 58. Theabsence of Attomey Aponte’ disclosure of any facts and circumstances relating tothe USDA investigation to Plaintif Diaz and Attorney Aponte knowingly misrepresenting the statu of his relationship with Paintif Diaz to the USDA in order to protect the interests of Apoinar Collado and Lillian Adames resulted in substantial damages to. Plaintiff Die, 59, Asa proximate cause ofthe negligent infliction of emotional distress ofthe defendant Atomey Alexander Aponte, his agents, servants andor employees the paint, Maribel Diaz, sustained and suffered substantial damages, as fully described above, in Count One. Count Four—Negligent Intentional Misrepresentation 1.59, Paragraphs One through Fifty Nine ofthe Third Count are restated and realleged as Paragraphs One though Fifty Nine of he Fourth Count ofthe Complaint as “hough fall contained herein. 60, Attomey Aponte knew or should have known, and had the duty of knowing, thatthe information he was providing to the USDA allegedly in behalf of Plintif Dina inthe ‘USDA's investigation of Plaintiff iaz for allegedly accepting food stamps at El Poderoso ‘Supermarket for non-food items was alse,(860) $8 6-8573-Pax (460) 586-8709. Nacttore, er 06 61. TheUSDA relied on Attorney Aponte's misrepresentations to the detent of Phan Dia 62. TheUSDA relied on Attorey Apone’s misrepreseniations inthe communications with Attorney Aponte relating fo ther investigation of Plaintiff Diz for allegedly accepting food stamps at El Poderoso Supermarket for non-food items. 163. Attomey Aponte failed to exercise reasonable care or competence in obtaining from Plaintiff Dia or communicating the information othe USDA. 64. Asa proximate cause ofthe negligent intentional misrepresentations ofthe defendant, Alexander Aponte, his agents, servants andor employses, the plaintiff Maribel Diaz, sustained and sufeed substantial damages os fully described above, in Count One Count Five - Civil Conspiracy 1-64, Paragraphs One through Sinty-Four of the Fourth Count are restated and realleged as Paragraphs One through Sinty-Four ofthe Fifth Count ofthe Complaint as though fully contained herein, 65. Attorney Aponte colluded and conspired with Apotinar Collado and Lillian ‘Adams to keep the USDA's investigation into the acceptance of food stamps for non-food items at El Poderoso Supermarket from Plaintiff Diaz,(460) She-ns7s Fes (460) s86-8708 66. _Attomey Aponte colluded and conspired with Apolinar Colada and Lilian ‘Adams to keep the USDA's investigation nt the acceptance of food stamps for non-food tems at El Poderoso Supermarket from Plaintif Diaz in order to permit ApolinarColldo and Lilin Adames to continue ther illegal activity st E Poderoso Supermarketin cceping fod stamps for non-food items for their own personal gain. 67. _Atomey Aponte was hired by ApoinarCollao to represent Maribel Diaz ‘eating to the USDA investigation into the acceptance of food stamp for non-food items at El Poderoso Supermarket without Daa’ knowledge, permission or consent 68, Phintif Diaz was severly damaged ata esl ofthe conspiracy between ‘Attomey Aponte, Apolina Collado and Lilian Adams to conceal the existence ofthe USDA investigation of Pini Diaz and into the acceptance of food stamps for non-food items at El Pderoso Supermarket ©, Asa proximate cause of the actions and/or inactons ofthe defendant, Alexander Aponte his gents, servants andor employes in conspiring with Apolinac Colldo an Lin Adame, the paint, Maribel Dia, sustained and sufered substantial damages, as fly described above, in Count One.S73. Pex (260) $86-87 09 (460) 586 West Harford, oF vet Count Six Fraudulent Concealment 1-88, Paragraphs One through Siaty Nine ofthe Fith Cont are restated and relleged 2s Paragrapas One through Sixty-Nine ofthe Sixth Count ofthe Complaint a though fly contained herein, 70. _Attomey Aponte breached his fiduciary duty to Plaintif Diaz in the fraudulent concealment of materia fats from Plaintiff Diaz relating to the USDA's investigation of Plaintif Diaz fr accepting food stamps for non-food items at El Paderoso Supermarket 71. Attorney Aponte intentionally and fraudulently concealed material facts from Paint Diaz relating tothe investigation and hisnotifying the USDA he represented herin the investigation as his notification would and/or could lead to Plant Diaz seeking legal action against Atlorney Aponte 72 Plain Diaz was severely damaged ae result of Attorney Aponte's fraudulent conceslment of ad material fact an information 73. Asa proximate cause ofthe action andor inaction ofthe defendant, Alexandar Aponte his agents, servant andlor employees, in conspiring with Apoliner Collado and Lllan Adams the plant, Maribel Diaz sustained and sutfered substantial damages, sully described above, in Count One.WHEREFORE, the Plaintiff claims: ° 1. Money damages: 2 Punitive damages; 8 3. Attomeys fees and expenses; and 3 44. Such other and further elif a the Court may deem proper. 3 "THE PLAIVTIEE MARIBEL DIAZ g “Stefan J. Stolarz, Esq. Se esau ue i °EXHIBIT Aaa/rt/eote 09:29 Fax 205 812 89% TREASURY, FAS, DAS aoeisa0g tmp a mn a epi, San wot melee he aS, hata rgaintchncy stage or es bres U.S. Treasury ~ Financial Management Service (FMS) Birmingham Debt Management Operations Center 7.0. Box 830794 Birmingham, AL 35283 “FACSIMILE TRANSMITTAL SHEET ‘To: Maribel Diaz Prom: Vivian Villar ‘Company, aa 06789 720 ~ cd Total Pages (Including Cover Shee) Fea Debt # 200H0896I5A Dispute Department fax number-205-912-6378 Clurgent x For Review Notes: Debt Information “Sin fa US ain ed 8 sv a US. Oe yon we ieee rege wert en ea poate wl & peed TET, [Fone ae moon rp deSo/2010 08:25 FAK 205 912 6953 TREAGURY, Fas, O48 ‘g002)c02 FedDebt: Case Financial History ~ Case Balance Inquiry Page 1 of FedDebt: Financial processing Case balance inquiry case 0; POCSOESTTER eo ae: BETTI ptr ese: aoaoesensa wc ate: ovr20 Stein acy oom Giresteany 100% (ria eater: BDMOC ent eestor: BDMOG Dior nna Maribel Diaz Curent locator: BOM Referred balance components Fees charged to debtor Principat $30,846.00 OMS fos: s0.00 Intrast s17630 PCA te: 30.00 ‘asin coat $0.00 PCA bonus fee 30.00 Pena 52.00 Tobl DOs eee 000 Referred batons: $31,022.30 DOU fe $0.00 Court cose ‘0.00 Prvateeouneeltee: $0.00 Ascol dato balance components TOP tee $0.09 Pinel $30,846.00 Dabo fees balances soo imwrest 28203 ‘amin coat: 300 ‘Total fees (actual plus potontial) Penal ‘0.00 DMS tee ‘stoo1s.s3 Adjusted tance ‘s37e43 PCA tee $0.00 PCA bonus te: ‘$000 Remaining patent ove “otal D04 fees $0.00 DUS foe: s10013.53 ‘DOs ee $0.00 Ponte: S090 Courtenst $0.00 PCA bonus fae: 30.00 Prva comenl tee: $0.00 00Vtee 30.00 oP tee $0.00 Potent es talence; $10,019.69 “Tota fos balance $10.013.53 Avo date balance s4s.as196 Total overage: 50.00