4055-4107 Craig Donoff 042913 MINI Deposition

3
IN THE CIRCUIT COURT OF THE 1 INDEX OF PROCEEDINGS

FIFTEENTH JUDICIAL CIRCUIT, IN 2 Page
AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 502010CP004252XXXXSB 3 TESTIMONY OF CRAIG DONOFF, ESQUIRE
IN RE: ESTATE OF ALLAN HAYMES, 4 Direct Examination by Mr. Marshall 4
Deceased, 5 CERTIFICATE OF OATH 134
_________________________________/ CERTIFICATE OF REPORTER 135
ZYLO MARSHALL,
Petitioner,
6 ERRATA SHEET 136
vs. READ AND SIGN LETTER 137
LOIS M. HAYMES, as Personal 7
Representative of the Estate of 8 PETITIONER'S/PLAINTIFF'S EXHIBITS
ALLAN HAYMES, and CRAIG DONOFF, 9 Number Description Page
as Personal Representative of the
Estate of ALLAN HAYMES, 10 1 Black Binder 4
Respondents. 1A Letter dated 9/7 or 9/3/91 from Allan
_________________________________/ 11 Haymes to Zylo Marshall 34
1B Letter dated 3/23/92 from Allan Haymes
DEPOSITION OF CRAIG DONOFF, ESQUIRE
Volume 1 of 1
12 to Zylo Marshall 36
Pages 1 through 137 1C Greeting card from Allan Haymes to
13 Zylo Marshall 39
Wednesday, April 29, 2013 2 White Binder 4
10:25 a.m. - 2:51 p.m. 14 3 DVD Deposition of Allan Haymes 30
444 West Railroad Avenue
West Palm Beach, Florida 4 Letter dated 8/27/93 from Allan Haymes
15 to the Court 127
16 (Reporter's Note: Petitioner's/Plaintiff's Exhibits 1-4
Stenographically Reported By: retained by Zylo Marshall, pro se.)
Deborah H. Rodgers, CSR, FPR
Florida Professional Reporter
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2 4
1 APPEARANCES 1 Deposition taken before Deborah H. Rodgers, CSR,
2 On behalf of Pro Se Petitioner: 2 FPR, Florida Professional Reporter and Notary Public in
3 ZYLO MARSHALL.
402 West Atlantic Avenue 3 and for the State of Florida at Large in the above
4 Suite 154 4 cause.
Delray Beach, Florida 33444 5 *****
5 Phone: 916.247.7736
E-mail: zhmassociates@yahoo.com 6 (Plaintiff's Exhibits No. 1-2 marked for
6 7 identification.)
On behalf of the Respondents: 8 THE COURT REPORTER: Do you swear or affirm to
7
SHENDELL & POLLOCK, P.L. 9 tell the truth, the whole truth and nothing but the
8 2700 North Military Trail 10 truth?
Suite 150
11 THE WITNESS: I do.
9 Boca Raton, Florida 33431
Phone: 561.241.2323 12 THEREUPON,
10 E-mail: ken@shendellpollock.com 13 CRAIG DONOFF, ESQUIRE
BY: KENNETH S. POLLOCK, ESQ.
11 14 having been first duly sworn, testified as follows:
Also Present: Lois Haymes 15 DIRECT EXAMINATION
12 16 BY MR. MARSHALL:
13
14 17 Q. Good morning, Mr. Donoff.
15 18 A. Good morning.
16 19 Q. My name is Zylo Marshall. I'm representing
17
18 20 myself as pro se in the case of Marshall vs. Donoff
19 21 Haymes.
20 22 Would you please state your name for the record.
21
22 23 A. Craig Donoff, D-O-N-O-F, F as in Frank.
23 24 Q. Have you been known by any other name?
24 25 A. No.
25
1 (Pages 1 to 4)
WWW.USLEGALSUPPORT.COM
561-835-0220 4055
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1 Q. Do you know why we are here today? 1 yes or no or some other affirmative or negative answer.
2 MR. POLLOCK: Object to the form. 2 Do you understand the oath that was given to you
3 Just so you know, if I have an objection to a 3 earlier?
4 question you're asking, I'm going to object to the 4 A. Yes.
5 form to preserve my objection for a later date. 5 Q. Do you know the difference between a truth and
6 MR. MARSHALL: But he can answer. 6 a lie?
7 MR. POLLOCK: But he can answer, unless I 7 MR. POLLOCK: Object to the form.
8 instruct him not to answer. 8 THE WITNESS: Yes.
9 MR. MARSHALL: Correct. 9 BY MR. MARSHALL:
10 BY MR. MARSHALL: 10 Q. Okay. You understand that your testimony
11 Q. Do you know why we are here today? 11 today will have the same effect as if you were sitting
12 A. Yes. 12 in a courtroom?
13 Q. Are you being represented by counsel today? 13 A. Yes.
14 A. Yes. 14 Q. Okay. Do you understand that perjury is a
15 Q. Okay. Mr. Donoff, you're required in a 15 felony punished by a prison sentence and perhaps a fine?
16 deposition to give the best recollection of your 16 MR. POLLOCK: Object to the form.
17 responses to my questions. For example, if I ask you 17 BY MR. MARSHALL:
18 about a conversation, you give the best recollection of 18 Q. Do you understand?
19 the substance of the conversation even if you don't 19 A. Yes.
20 remember the exact words. 20 Q. Have you ever been arrested before?
21 MR. POLLOCK: Object to the form. 21 MR. POLLOCK: Object to the form.
22 BY MR. MARSHALL: 22 THE WITNESS: Do I have to answer that?
23 Q. One thing we don't want you to do today is to 23 MR. POLLOCK: Are you going to limit it to a
24 guess. But I may ask you to give your best estimate, 24 time period?
25 and that's okay. And what the difference would be if I 25 MR. MARSHALL: Well --
6 8
1 asked you the estimate size of this table that we are 1 MR. POLLOCK: If you don't limit it to a time
2 sitting at now, you might be able to give some type of 2 period, I'm going to instruct my client not to
3 estimate of its size, correct? 3 answer the question --
4 MR. POLLOCK: Object to the form. 4 MR. MARSHALL: This is a proper --
5 THE WITNESS: Yes. 5 MR. POLLOCK: -- and it's over vague.
6 BY MR. MARSHALL: 6 MR. MARSHALL: This is a proper question to
7 Q. Whereas if I asked you how much change I have 7 validate credibility of Mr. Donoff.
8 in my right pants pocket, you might be able to make a 8 MR. POLLOCK: If you don't limit the scope of
9 guess, but that would be a pure guess; isn't that 9 the time frame, I'm going to instruct my client not
10 correct? 10 to answer the question. I'm giving you an
11 MR. POLLOCK: Object to the form. 11 opportunity to limit the scope to a reasonable --
12 THE WITNESS: Yes. 12 BY MR. MARSHALL:
13 BY MR. MARSHALL: 13 Q. Within the last 15 years.
14 Q. Okay. Your attorney may object to a question, 14 A. In the last 15 years, no.
15 but unless he instructs you not to answer, after you 15 Q. Have you ever been convicted?
16 finish with his -- after he finishes with his objection, 16 MR. POLLOCK: Objection. Same objection.
17 you should go ahead and complete the answer. Do you 17 THE WITNESS: Convicted of what, though?
18 understand? 18 MR. MARSHALL: Anything you were arrested for.
19 A. Yes. 19 MR. POLLOCK: Are you limiting the scope --
20 Q. Okay. Now, be sure you understand any 20 MR. MARSHALL: 15 years.
21 questions before you answer. If you do not understand a 21 MR. POLLOCK: -- to 15 years?
22 question, feel free to stop me and ask me to rephrase or 22 MR. MARSHALL: Yes.
23 to restate before you answer the question. 23 BY MR. MARSHALL:
24 It's also important that you do not nod or shake 24 Q. Within 15 years.
25 your head or say uh-huh or huh-uh, but that you answer 25 A. No.
2 (Pages 5 to 8)
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1 Q. Okay. Have you ever been deposed before? 1 BY MR. MARSHALL:
2 A. Yes. 2 Q. Besides the white binder, which documents are
3 Q. Okay. Do you have any physical disabilities 3 they?
4 that might affect your ability to testify today? 4 A. I went over my file with your grandfather.
5 A. No. 5 Q. Okay. Can you describe what the file -- what
6 Q. Okay. Are you ill today? 6 was in the file that you went over with?
7 A. No. 7 MR. POLLOCK: Object to the form.
8 Q. Is there anything about your health that might 8 THE WITNESS: It was my notes from the first
9 affect your ability to testify today? 9 time that I met your grandfather in January of 2009
10 A. No. 10 until the time of his passing.
11 Q. Okay. Are you on any medication? 11 BY MR. MARSHALL:
12 MR. POLLOCK: Objection to form. If you're 12 Q. Okay. I will be jumping around during this
13 asking him about medication that will impact his 13 deposition.
14 ability to testify truthfully, I'll allow you to 14 Are you an estate planning attorney?
15 answer it. 15 A. Yes.
16 MR. MARSHALL: Yes. 16 Q. What year were you admitted to the state Bar?
17 MR. POLLOCK: If you're asking him about other 17 A. 1974.
18 medications, I'm going to instruct him not to 18 Q. Okay. As an attorney, have you ever been
19 answer. 19 disciplined for violating the laws of moral turpitude?
20 MR. MARSHALL: It's about the testimony today 20 MR. POLLOCK: Object to the form. Are you
21 only. 21 limiting the scope in terms of time frame?
22 MR. POLLOCK: Okay. 22 MR. MARSHALL: Last 15 years.
23 THE WITNESS: No. 23 THE WITNESS: No.
24 BY MR. MARSHALL: 24 BY MR. MARSHALL:
25 Q. Have you taken drugs or alcohol within the 25 Q. Okay. Since you were first admitted to the
10 12
1 last 24 hours? 1 state Bar, have you ever had disciplinary action against
2 A. No. 2 you in the last 15 years?
3 Q. All right. If you need to take a break, 3 A. I don't remember. I don't remember. It could
4 please feel free to ask for one. However, you must 4 have been 20 years, it could have been 16 years. I
5 finish your answer to the last question before we take a 5 can't remember.
6 break. Is that clear? 6 Q. Can you tell me what the situation may be?
7 A. Yes. 7 A. Yes.
8 Q. Is there any reason why we cannot proceed with 8 Q. Can you please tell me the situation of what
9 this deposition at this time? 9 caused discipline -- disciplinary action?
10 THE WITNESS: Counsel? 10 A. It was something about the advertising rules,
11 MR. POLLOCK: Object to the form. 11 of the Florida Bar advertising.
12 THE WITNESS: No. 12 Q. But it had nothing to do with your clients,
13 BY MR. MARSHALL: 13 with a client of yours?
14 Q. What steps did you take to prepare for this 14 A. No.
15 deposition? 15 Q. Have you ever represented yourself in a civil
16 A. I met with my attorney and went over the 16 case before other than small claims?
17 testimony and went over your book, your book that you 17 A. No.
18 gave him. 18 Q. Have you ever been represented by counsel in a
19 Q. Okay. Okay. The white binder? 19 civil case?
20 A. Yes. 20 A. Yes.
21 Q. Did you review any documents in preparation 21 Q. Okay. You think Zylo Marshall has reported
22 for this deposition? 22 you to the state Bar?
23 A. Yes. 23 A. Do I think that Zylo Marshall has reported me
24 MR. POLLOCK: Object to the form. 24 to the state Bar?
25 THE WITNESS: Yes, I did. 25 Q. Yes.
3 (Pages 9 to 12)
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1 A. I don't remember. 1 disinheriting a disabled person?
2 MR. POLLOCK: Object to the form. 2 MR. POLLOCK: I'm sorry, I didn't hear the
3 THE WITNESS: I don't remember. 3 question. Can you repeat?
5 Q. So you don't think he has done that? 5 Q. Why were you a participant in disinheriting a
6 MR. POLLOCK: Object to the form. Asked and 6 disabled person?
7 answered. 7 A. Why was I a participant?
8 THE WITNESS: (Shakes head.) 8 Q. Yes.
9 BY MR. MARSHALL: 9 MR. POLLOCK: Object to the form. Lack of
10 Q. In this deposition I will reference the name 10 predicate.
11 Zylo and Brian as the same person. Do you understand? 11 THE WITNESS: Because that's my job.
12 A. Yes. 12 BY MR. MARSHALL:
13 Q. Have you ever volunteered at Wings for Hope? 13 Q. To disinherit disabled people?
14 A. Yes. 14 A. No. To do what the client wants me to do, not
15 Q. Okay. Why? 15 to disinherit somebody who's not well.
16 MR. POLLOCK: Object to the form. 16 Q. But that's under the influence of Lois Haymes?
17 THE WITNESS: Because it's a charity that 17 MR. POLLOCK: Object to the form. You're not
18 helps autistic children in Palm Beach County and 18 asking the question properly. If you want to ask
19 helps their parents deal with their children's 19 Mr. Donoff a question, you can ask him, but you
20 disability of autism, that's why. 20 cannot say your opinion as a statement of fact.
21 BY MR. MARSHALL: 21 MR. MARSHALL: Okay.
22 Q. So is it considered lifelong disabilities or 22 MR. POLLOCK: Okay. He's here to answer any
23 short-term disabilities? 23 question you ask, but please ask the question
24 MR. POLLOCK: Object to the form. 24 properly or we're going to have to terminate this
25 THE WITNESS: Well, autism is usually for 25 deposition and go before the judge.
14 16
1 life. It doesn't get better. 1 BY MR. MARSHALL:
2 BY MR. MARSHALL: 2 Q. Do you help clients on how to avoid probate
3 Q. Are there any other disabilities that is 3 and potential will disputes?
4 associated with Wings for Hope? 4 A. Yes.
5 A. Are there any other disabilities? 5 Q. Okay. Then why did you violate the exact
6 Q. Yes, associated with that organization. 6 thing you --
7 A. Mostly special needs, which is a big spectrum 7 MR. POLLOCK: Object to the form.
8 of kids' disorders. 8 BY MR. MARSHALL:
9 Q. Okay. Are you an advocate for persons with 9 Q. -- educate your clients not to do?
10 disabilities? 10 MR. POLLOCK: Can you repeat the question,
11 A. Yes, I am. 11 please?
12 Q. How many years have you been an advocate? 12 BY MR. MARSHALL:
13 A. How many years have I been an advocate? 13 Q. Then why did you violate the exact thing you
14 Q. Yes. 14 educate your clients not to do?
15 MR. POLLOCK: Object to the form. 15 MR. POLLOCK: Object to the form. Lack of
16 THE WITNESS: A little over 25. 16 foundation.
17 BY MR. MARSHALL: 17 THE WITNESS: I'm not going to answer that
18 Q. Okay. Was this before or after your children 18 question.
19 were born? 19 MR. POLLOCK: There's no -- is there a
20 A. It was after. 20 question?
21 Q. Did you ever donate money and support at Wings 21 MR. MARSHALL: Well --
22 for Hope with persons with disabilities, with lifelong 22 MR. POLLOCK: You made a statement. Is there
23 disabilities? 23 a question?
24 A. Yes. 24 BY MR. MARSHALL:
25 Q. Then why were you a participant in 25 Q. You violated the same thing you educate your
4 (Pages 13 to 16)
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1 clients not to do. 1 telephone at your law firm?
2 MR. POLLOCK: Mr. Donoff did not testify he 2 A. I don't know.
3 violated anything. These are statements made by 3 Q. Do you feel you do not have an obligation to
4 you today, Mr. Marshall. If you want to ask 4 speak to Zylo Marshall?
5 Mr. Donoff a question, whether or not he did 5 MR. POLLOCK: Object to the form.
6 something that requires a yes or no answer, he's 6 THE WITNESS: Do I have an obligation?
7 here to do that, but this is not for you to take 7 BY MR. MARSHALL:
8 all day -- 8 Q. Do you feel that you do not have an obligation
9 MR. MARSHALL: Sure. 9 to speak to Zylo Marshall?
10 MR. POLLOCK: -- and give your story. 10 MR. POLLOCK: Object to the form.
11 MR. MARSHALL: Sure. 11 THE WITNESS: Well, now I wouldn't because I'm
12 MR. POLLOCK: You understand? 12 represented by counsel, so I wouldn't be able to
13 MR. MARSHALL: Yes. 13 speak to you if I wanted to.
15 Q. Did you ever discuss attorney's legal 15 Q. Did Zylo Marshall ever harass you or bother
16 responsibility to your client as it relates to dementia 16 you at your work or your home?
17 and undue influence? 17 A. Yes, he did. He filed a lawsuit. Zylo
18 MR. POLLOCK: Object to the form. Are you 18 Marshall filed a lawsuit and had a process server come
19 referring to a particular client or -- 19 to my home and upset my wife. A sheriff came to my
20 BY MR. MARSHALL: 20 house in the middle of the night to serve me with legal
21 Q. I'm referring to -- 21 papers regarding a bogus lawsuit. So Mr. Marshall did
22 MR. POLLOCK: -- a particular time frame, 22 that to me.
23 Mr. Marshall? 23 Q. Do you think Zylo Marshall is angry with you,
24 BY MR. MARSHALL: 24 with your action as it relates to the last will
25 Q. I'm referring to within the last 15 years, 25 testament?
18 20
1 what dementia and undue influence -- how -- how you 1 MR. POLLOCK: Object to the form. You can
2 educate your clients about dementia and undue influence. 2 answer if you know.
3 Do you educate your clients on the effect of dementia 3 THE WITNESS: Yes, I think he's angry with me.
4 and undue influence? 4 I think you're angry with me.
5 MR. POLLOCK: Object to the form. I don't 5 BY MR. MARSHALL:
6 understand the question. If you understand the 6 Q. When did you first meet Lois and Allan Haymes?
7 question, you can answer it. I don't understand 7 A. Sometime in January of 2009.
8 it. 8 Q. Did you meet Lois Haymes before you met Allan
9 THE WITNESS: I don't understand it either. 9 Haymes?
10 BY MR. MARSHALL: 10 A. No.
11 Q. Well, dementia and undue influence are two 11 Q. Did you meet Allan Haymes before you met Lois
12 factors that makes it difficult to -- in other words, if 12 Haymes?
13 a client of yours does something under undue influence 13 MR. POLLOCK: Object to the form.
14 or under -- not able to understand, do you educate your 14 THE WITNESS: No.
15 client on how to avoid that issue? 15 BY MR. MARSHALL:
16 MR. POLLOCK: Object to the form. It calls 16 Q. What is the approximate date you first met
17 for speculation and lack of predicate. 17 Allan Haymes?
18 THE WITNESS: I do. 18 A. Approximately January 20 something of 2009.
19 BY MR. MARSHALL: 19 January, sometime in January 2009.
20 Q. Do you understand the difference between a 20 Q. Did you meet Allan Haymes at any of his
21 right and wrong? 21 retirement homes?
22 MR. POLLOCK: Object to the form. 22 A. No.
23 THE WITNESS: Yes. 23 Q. Did Allan Haymes ever come to your office
24 BY MR. MARSHALL: 24 alone?
25 Q. Did Zylo Marshall ever contact you by 25 A. Yes.
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1 Q. Who were you introduced to first, Lois or 1 trust, he brought me a copy of his brokerage account
2 Allan? 2 statements, he brought me a copy of his income tax
3 MR. POLLOCK: Object to the form. 3 statement. And he had a bunch of questions that he
4 THE WITNESS: I met them at the same time, 4 initially asked me when I first met him.
5 same meeting, same date. 5 Q. For the most part, was your meeting with Lois
6 BY MR. MARSHALL: 6 Haymes a pleasant or a difficult one?
7 Q. Were you introduced to Allan and Lois by 7 MR. POLLOCK: Object to the form.
8 Allan's former business partner? 8 THE WITNESS: I thought it was pleasant. I
9 MR. POLLOCK: Object to the form. 9 thought it went very well, my meeting with Allan
10 THE WITNESS: By the daughter of one of his 10 and Lois initially, but once he got into specifics,
11 business partners. By the daughter of one of his 11 your grandfather got into specifics, I asked Lois
12 business partners. 12 to leave the room because I didn't want her to hear
13 BY MR. MARSHALL: 13 what I was talking to him about, and she left and
14 Q. Do you know his -- do you know her name? 14 went to the reception room in my office. So she
15 A. Yes. 15 was not in the room when I was with your
16 Q. Can you please tell me her name? 16 grandfather talking to him about specific facts,
17 A. I can. Her name was Nancy Ney, N-E-Y. 17 his opinions, and he asked me a bunch of questions
18 Q. Did the former business partner introduce you 18 that he had written out.
19 to Allan and Lois on the phone or in person? 19 BY MR. MARSHALL:
20 MR. POLLOCK: Object to the form. 20 Q. I am presenting you a white binder as Exhibit
21 BY MR. MARSHALL: 21 2, section E, page 7, line 29 to 31. What does the
22 Q. Or neither? 22 highlighted area say, when you get to section E, page 7,
23 MR. POLLOCK: Mischaracterizes prior 23 line 29?
24 testimony. 24 MR. POLLOCK: Section E has no documents in
25 BY MR. MARSHALL: 25 it. Okay. Section E is what you call a conference
22 24
1 Q. Or neither? 1 call deposition of Jack Levy dated November 13,
2 A. Neither. 2 2012, correct?
3 Q. Did Allan Haymes seem nervous or scared at any 3 MR. MARSHALL: Yes.
4 time during your meeting with him? 4 MR. POLLOCK: And what page are you asking
5 A. No. 5 Mr. Donoff to go to?
6 Q. Did Lois Haymes seem nervous or scared at any 6 MR. MARSHALL: Page 7, line 29 to 31.
7 time during your meeting with her? 7 BY MR. MARSHALL:
8 A. Well, I met with both of them at the same time 8 Q. What does the highlighted area say?
9 initially, so the answer is no. 9 MR. POLLOCK: And are you referring to the
10 Q. They did not seem nervous either way? 10 highlighted portion?
11 A. No, no. 11 MR. MARSHALL: Yes, 29 to 31.
12 Q. Did you see Allan Haymes more than ten times? 12 THE WITNESS: Do I have to answer that?
13 A. Did I see him more than ten times? 13 MR. POLLOCK: Before you ask Mr. Donoff any
14 Q. Yes. 14 questions regarding tab E, I'm going to object on
15 A. No. 15 the record because this deposition transcript is
16 Q. Approximately how many times did you see him? 16 improper, not in compliance with the Florida Rules
17 A. Maybe sometime between a half a dozen, a 17 of Civil Procedure. And specifically, my law firm
18 dozen, six to 12 times. Without records, I won't be 18 was never asked or notified to appear at this
19 able to remember that, but I did see him at least six 19 deposition and we believe that this is invalid.
20 times, and it could have been as many as 12 over that 20 Having said that, you can ask the question.
21 period of time when I was planning his estate for him. 21 BY MR. MARSHALL:
22 Q. Okay. What were the circumstances surrounding 22 Q. Okay. What does line 29 to 31 say?
23 your first meeting with Allan Haymes? 23 A. What line 29 says --
24 A. I met him in my conference room with his 24 MR. POLLOCK: You want him to read it --
25 daughter. And he brought me a copy of his will and 25 MR. MARSHALL: Out loud.
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1 MR. POLLOCK: -- into the record? 1 the last will and testament?
2 MR. MARSHALL: Yes. 2 A. Absolutely not.
3 THE WITNESS: She created a hostile situation 3 Q. Okay.
4 so nobody could see Allan unless she was there. 4 A. She had no idea what her father wanted. She
5 Unless she controlled it. Unless she made the time 5 didn't even know what he wanted until after his death,
6 and the time frame was impossible because I lived 6 which was in 2010. Lois knew nothing about the contents
7 in Florida -- Flo -- Hollywood. I lived about an 7 of the will. She never asked me to discuss it with her.
8 hour away from where he lived. And if I got there. 8 And only after her father died and we began the estate
9 Just horrible, horrible. I had to give in. 9 administration and had to file the tax returns, did she
10 BY MR. MARSHALL: 10 ask me specific questions. So not until her father died
11 Q. I'm going to ask you again, was Lois Haymes a 11 did she ever bring up whether she was a beneficiary or
12 very difficult person to deal with? 12 not of that document or any other relatives were a
13 MR. POLLOCK: Object to the form. You never 13 beneficiary. She never discussed it with me. And I
14 asked that question yet. 14 believe she didn't know the terms or conditions of the
15 MR. MARSHALL: I asked -- 15 will and trust. I don't believe she knew anything about
16 BY MR. MARSHALL: 16 it.
17 Q. For the most part, I ask you were the -- was 17 Q. Do you know why Lois Haymes went to your law
18 the meeting with Lois Haymes a pleasant or difficult 18 firm from Seth Ellis?
19 one? 19 MR. POLLOCK: Object to the form.
20 A. It was very pleasant. 20 THE WITNESS: No, I don't know.
21 Q. Okay. So I'm going to ask you again, was Lois 21 BY MR. MARSHALL:
22 Haymes a very difficult person to deal with? 22 Q. Was Allan Haymes using a cane or walker when
23 MR. POLLOCK: Object to the form. 23 you first met him?
24 THE WITNESS: Not at all. She was a very 24 A. I don't remember. I don't remember.
25 caring, concerned daughter, and she took very good 25 Q. Was Allan Haymes able to comprehend all the
26 28
1 care of her father when he was -- when he was ill, 1 questions you asked him?
2 very good care. Because we talked many times on 2 MR. POLLOCK: Object to the form. What time
3 the phone about her father's condition and she 3 frame are you referring to, the first meeting?
4 would report to me, so she was a -- she was there 4 MR. MARSHALL: From the first meeting.
5 for him every step of the way. 5 THE WITNESS: He absolutely knew what his
6 BY MR. MARSHALL: 6 assets were. He brought me his brokerage account
7 Q. Please walk me through the first time you 7 and we had a discussion about that. He brought me
8 encountered a problem with Lois Haymes -- 8 his previous documents. He had a list of questions
9 MR. POLLOCK: Object to the form. 9 that he wanted to know about taxes and income
10 BY MR. MARSHALL: 10 taxes, and he asked me quite a few questions about
11 Q. -- if there was one. 11 his income tax return and whether it was being done
12 A. There weren't any. 12 properly. And he was very cognizant of the
13 Q. Approximately how many times did you meet Lois 13 professional fees being charged to him, very
14 Haymes? 14 cognizant and very concerned about the amount of
15 A. What's the parameter? From the first time I 15 fees that he was paying to Merrill Lynch to manage
16 met her to -- 16 his money. And we actually determined that he was
17 Q. Yes. 17 paying his attorney a retainer monthly to do very
18 A. How many times in the last four years? 18 little, and he was paying his CPA a retainer
19 Q. From January to 2000 -- correct. Till now. 19 monthly to do nothing in my estimation. So that
20 Till Allan Haymes' death. Until January 2009 until 20 all came out at the first meeting.
21 Allan Haymes' death. 21 BY MR. MARSHALL:
22 A. Probably about, I would guess, somewhere 22 Q. I am going to present to you a DVD on my
23 between 15 to 20 times. 23 computer that is a deposition of him in 2005.
24 Q. Okay. Did you ever hear Lois Haymes influence 24 MR. POLLOCK: Are you going to mark this as an
25 her father to follow her instructions as it relates to 25 exhibit?
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1 MR. MARSHALL: Exhibit -- 1 MR. POLLOCK: I'm sorry, a recording between
2 MR. POLLOCK: We're going to wait for you to 2 yourself and who?
3 mark what you're going to show Mr. Donoff as an 3 MR. MARSHALL: Allan Haymes. It's not a
4 exhibit to his deposition. 4 recording like I can use in court because it was
5 MR. MARSHALL: Exhibit 3. 5 not authorized by him. Okay. So I cannot use it
6 MR. POLLOCK: And how do you plan to do that? 6 in court from what I hear right now. If I can I
7 Do you have a CD or something -- 7 will, but it's just to show a demonstration of the
8 MR. MARSHALL: I do. 8 situation, so -- and then we'll go back on the DVD.
9 MR. POLLOCK: -- that you can mark? 9 MR. POLLOCK: So this is a recording. Is this
10 MR. MARSHALL: Yes. I do not have a CD 10 a video recording or an audio recording?
11 marked, but I have it in the computer. 11 MR. MARSHALL: Audio, audio.
12 MR. POLLOCK: Okay. But my question is, after 12 MR. POLLOCK: Audio recording?
13 today, when somebody orders the deposition 13 MR. MARSHALL: Yes.
14 transcript and documents will be marked as 14 MR. POLLOCK: You tape recorded your
15 exhibits, correct? If you're marking as an Exhibit 15 grandfather's conversation without his knowledge?
16 3 a video which is on your computer, how is that 16 MR. MARSHALL: Correct.
17 going to be provided to the court reporter so she 17 MR. POLLOCK: And without his consent?
18 can attach it to the transcript? 18 MR. MARSHALL: It was more or less to hear his
19 MR. MARSHALL: Well, I have a deposition hard 19 voice and, you know, hear his voice.
20 copy in the white binder. Okay? 20 MR. POLLOCK: Now, are you going to mark this
21 MR. POLLOCK: Okay. But you're not asking 21 as a separate deposition exhibit as well?
22 Mr. Donoff to look at the deposition transcript in 22 MR. MARSHALL: I'll use this as Exhibit 4.
23 hard copy. You're asking him to review -- 23 (Audio recording played.)
24 MR. MARSHALL: Video. 24 MR. POLLOCK: Okay. There's a problem. The
25 MR. POLLOCK: -- a video, correct? 25 court reporter is having great difficulty
30 32
1 MR. MARSHALL: Which shows his tonality and 1 transcribing that. I can barely hear it.
2 his comprehension and his understanding of -- 2 MR. MARSHALL: You want me to bring it closer
3 MR. POLLOCK: Well, that's your opinion. 3 to you or --
4 That's your impression. But my point is, do you 4 MR. POLLOCK: Hold on. Off the record.
5 have access or the capability of making a CD or a 5 (Off-the-record discussion held.)
6 disk that you can give to the court reporter and we 6 MR. MARSHALL: But I'm going to turn the
7 can fully mark that? 7 volume up here.
8 MR. MARSHALL: Yes. 8 (Audio recording played.)
9 MR. POLLOCK: It doesn't have to be right now 9 MR. MARSHALL: So I will put it into a
10 if you don't have it, but is there a way for you to 10 format --
11 copy it -- 11 MR. POLLOCK: I'm going to object to any
12 MR. MARSHALL: Yes. 12 question being asked by you to Mr. Donoff regarding
13 MR. POLLOCK: -- and then you're going to 13 an audio recording that was not authorized by Allan
14 attach that as an exhibit? 14 Haymes. And I believe that under the state of
15 MR. MARSHALL: Yes, yes. 15 Florida, if you record somebody without their
16 MR. POLLOCK: Okay. So that's what you're 16 authorization, that is unlawful.
17 going to do? 17 Can we take a one-minute break, please?
18 MR. MARSHALL: Yes. Exhibit 3. 18 (Pause in proceedings 10:58 a.m. - 11:05 a.m.)
19 (Plaintiff's Exhibit No. 3 marked for 19 MR. MARSHALL: We're going to remove Exhibit
20 identification.) 20 4, audiotape of Allan Haymes and Zylo Marshall.
21 MR. MARSHALL: I only have one copy right now. 21 BY MR. MARSHALL:
22 Let me back up and work on this DVD, this 22 Q. Approximately how much -- approximately how
23 recording, okay, and then we'll go back on the DVD. 23 many times did you have a conversation with Allan Haymes
24 Okay. This is a recording between myself and Allan 24 on the phone?
25 Haymes in 2006, okay? 25 A. Probably somewhere between six to 12 times.
8 (Pages 29 to 32)
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33 35
1 Q. Do you know how many grandchildren Allan 1 BY MR. MARSHALL:
2 Haymes has? 2 Q. What is the date of the letter?
3 A. Do I know? 3 MR. POLLOCK: I'm going to object to Exhibit
4 Q. Yes. 4 1A based on lack of authenticity, but you can feel
5 A. I only know one. You. 5 free to ask questions on it.
6 Q. And what is his name? 6 BY MR. MARSHALL:
7 A. Zylo Marshall. 7 Q. What is the date on this handwritten letter?
8 Q. As a plaintiff or a defendant, how many 8 A. The date is September 3, 1991.
9 depositions have you been involved in? 9 Q. Read the letter to me, please.
10 MR. POLLOCK: Object to the -- object to the 10 A. It's from Allan Haymes on his letterhead.
11 question. I'm sorry, strike that. 11 MR. POLLOCK: Purported to be from Allan
12 Object to the form. Could you possibly limit 12 Haymes.
13 the time frame for Mr. Donoff? 13 THE WITNESS: Purported. It says: Dear
14 BY MR. MARSHALL: 14 grandson, just a note to say the enclosed are great
15 Q. Last 15 years. 15 nonsmoker signs. I know you'll use these around
16 A. Probably ten. Ten depositions I've taken on 16 anyone smoking near you. Love, grandfather.
17 cases I've been involved with. 17 BY MR. MARSHALL:
18 Q. As a plaintiff or a defendant in your prior 18 Q. In '91, does this look like -- does this seem
19 deposition, did it help you or hurt the case? 19 like Allan Haymes cared for his grandson as it relates
20 MR. POLLOCK: Object to the form. 20 to smoking?
21 THE WITNESS: It helped because I always tell 21 MR. POLLOCK: Object to the form. Mr. Donoff
22 the truth, and that's all I can do is tell the 22 is a fact witness. He's not here as an expert
23 truth. 23 witness in any way, shape or form. I think the
24 BY MR. MARSHALL: 24 question's improper, but you can answer the
25 Q. As a plaintiff or defendant, have you ever 25 question.
34 36
1 testified in court? 1 BY MR. MARSHALL:
2 A. Yes. 2 Q. If he wrote a letter to his grandson and his
3 Q. Have you ever lied under oath as a defendant 3 grandson received it, okay, does it seem like this
4 or plaintiff? 4 letter is -- he cared about his grandson in regard --
5 A. No. 5 MR. POLLOCK: Objection. Object to the form.
6 Q. In the last 15 years? 6 Same objection.
7 A. In the last hundred years, I haven't lied in 7 THE WITNESS: I couldn't tell you from that
8 court. 8 letter whether he did or did not. It just says
9 Q. I am presenting you as Exhibit 1 a black 9 something about smoking.
10 binder. I have a black binder in front of me of which I 10 BY MR. MARSHALL:
11 am presenting you a handwritten letter, Exhibit 1A, 11 Q. But the letter speaks for itself.
12 which is a letter from Allan Haymes to his grandson, 12 MR. POLLOCK: Object to the form. You're
13 Zylo Marshall. 13 mischaracterizing, you're putting words into my
14 MR. POLLOCK: And, Mr. Marshall, just for the 14 client's mouth. You can't do that. You can ask
15 record, when you introduce a document, can you also 15 him a question, and he answered it.
16 say the date of the document? 16 (Plaintiff's Exhibit No. 1B marked for
17 MR. MARSHALL: That would be in it. That's 17 identification.)
18 going to be in the question. I can give you -- 18 BY MR. MARSHALL:
19 MR. POLLOCK: Just from your -- no. When 19 Q. I am presenting you a letter handwritten to
20 you're marking an exhibit for the court reporter, 20 Zylo Marshall by Allan Haymes as Exhibit B -- 1B.
21 this way she'll have an index and it will say 21 MR. POLLOCK: Is there a date on that for
22 letter dated blank date, from, to. 22 purposes of marking that?
23 MR. MARSHALL: Right. Letter, 9/7, 1991. 23 MR. MARSHALL: The date is 3/23, 1992.
24 (Plaintiff's Exhibit No. 1A marked for 24 BY MR. MARSHALL:
25 identification.) 25 Q. Would you please read the letter?
9 (Pages 33 to 36)
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37 39
1 MR. POLLOCK: I'm going to object again to 1 MR. MARSHALL: Off the record.
2 Exhibit 1B based upon authenticity. 2 (Off-the-record discussion held.)
3 BY MR. MARSHALL: 3 MR. MARSHALL: We're going to skip Exhibit 3
4 Q. Please read the first four highlighted areas, 4 for now. It has some audio problems.
5 just the highlighted area. 5 BY MR. MARSHALL:
6 A. It says: Write to me, write to grandpa. 6 Q. I'm presenting to you a card to Zylo Marshall
7 Write, write, write. You need the practice. 7 from Allan Haymes as Exhibit F.
8 Q. Does this letter look like the original or a 8 MR. POLLOCK: You mean 1F?
9 copy of the original? 9 MR. MARSHALL: 1F.
10 MR. POLLOCK: Object to the form. 10 MR. POLLOCK: Off the record a second.
11 THE WITNESS: It looks like an original 11 (Off-the-record discussion held.)
12 letter. 12 MR. MARSHALL: This will be 1C, not 1F.
13 BY MR. MARSHALL: 13 MR. POLLOCK: And what's the date of the card?
14 Q. And what is the date on the card? 14 MR. MARSHALL: There is no date on the card.
15 A. March 23, 1992. 15 BY MR. MARSHALL:
16 Q. Do you think Allan Haymes cared about Zylo 16 Q. What does the front of the card --
17 Marshall's education as it relates to writing to him? 17 (Plaintiff's Exhibit No. 1C marked for
18 MR. POLLOCK: Object to the form. 18 identification.)
19 THE WITNESS: I couldn't answer that unless 19 MR. POLLOCK: Off the record.
20 it's more specific because I don't know. I don't 20 (Off-the-record discussion held.)
21 know what he was thinking. 21 BY MR. MARSHALL:
22 BY MR. MARSHALL: 22 Q. What does the front of the card say?
23 Q. Well -- 23 A. Your wife must be out of town.
24 MR. POLLOCK: And, Mr. Marshall, I just want 24 Q. And the inside?
25 to put an objection on the record. You're asking 25 A. Happy birthday to a wife who brings order to
38 40
1 my client, Craig Donoff, questions about purported 1 my life. Love you, grandpa.
2 letters and et cetera that were ten years or more 2 MR. POLLOCK: I'm going to object to any
3 prior to Mr. Donoff's involvement. He has no 3 questions on this card based upon authenticity.
4 personal knowledge at all back in that time frame. 4 This card is not dated. Go ahead.
5 And I think the questions that you're asking him 5 BY MR. MARSHALL:
6 are completely improper. 6 Q. Is this a birthday card to Zylo Marshall?
7 MR. MARSHALL: Well, since it's got to do with 7 MR. POLLOCK: Object to the form.
8 the history that my grandfather didn't hate me, 8 THE WITNESS: Is it? It doesn't look like it.
9 didn't dislike me, didn't feel I was a bad person, 9 BY MR. MARSHALL:
10 didn't feel I was a vindicative person, didn't feel 10 Q. Does it look like an original or a copy?
11 I was troubled. 11 A. This is an original.
12 MR. POLLOCK: And, Mr. Marshall, you can make 12 Q. Do you think, even though they say it may not
13 those arguments to the court, but I'm just telling 13 be authentic, do you think Allan Haymes confused his
14 you it's improper for you to ask questions about 14 grandson with his late wife?
15 things that Mr. Donoff does not have personal 15 MR. POLLOCK: Object to the form.
16 knowledge about. The purpose of this deposition is 16 THE WITNESS: I don't know.
17 for you to obtain whatever personal knowledge 17 BY MR. MARSHALL:
18 Mr. Donoff has in connection with this lawsuit. So 18 Q. Well, it says -- the document speaks for
19 to show him letters from 1991 or 1992 and ask him 19 itself.
20 questions based upon one letter is improper. 20 MR. POLLOCK: Object to the form. That's not
21 (Off-the-record discussion held with 21 a question.
22 Reporter.) 22 BY MR. MARSHALL:
23 MR. MARSHALL: Okay. I have a computer with 23 Q. Okay. As you sit here today, do you think
24 Exhibit 5 -- Exhibit 3. That's this, Exhibit 3. 24 Allan Haymes cared about his grandson's, Zylo
25 (Audio recording played.) 25 Marshall's, wellbeing?
10 (Pages 37 to 40)
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41 43
1 MR. POLLOCK: Object to the form. Is there a 1 A. You mean question No. 16?
2 time frame you're limiting that question to? 2 Q. Section 16, which is --
3 MR. MARSHALL: From 1991. 3 MR. POLLOCK: You mean Exhibit 2, section B.
4 THE WITNESS: I couldn't answer that question. 4 MR. MARSHALL: Section 16, in the back.
5 I don't know the answer to that question. It has 5 MR. POLLOCK: Oh, now you want us to go back
6 to be more specific. 6 to section 16?
7 BY MR. MARSHALL: 7 MR. MARSHALL: Yeah.
8 Q. I am presenting you a white binder -- 8 MR. POLLOCK: Go ahead.
9 A. Yes. 9 THE WITNESS: Section 16?
10 Q. -- Exhibit 2, section 17, page 19. What is 10 MR. MARSHALL: Yes.
11 this a document of? 11 THE WITNESS: Yes.
12 A. I don't know. I don't know what this document 12 BY MR. MARSHALL:
13 does. 13 Q. Who is this a letter addressed -- who is this
14 Q. As producing interrogatories and production of 14 a letter from?
15 documents and things, by law you are required to sign a 15 A. Brandon Pratt.
16 document to validate your oath of -- oath of 16 Q. Who is this a letter addressed to?
17 documentation. 17 A. Matt Tornincasa.
18 MR. POLLOCK: Object to the form. 18 Q. Okay. Please read the contents of the letter.
19 BY MR. MARSHALL: 19 A. The letter is dated July 19, 2011. Dear
20 Q. Did you receive this document as part of 20 Mr. Tornincasa, please be advised that we are in receipt
21 interrogatories and production of documents? 21 of Lois Haymes' jurat, but have not yet received Craig
22 A. I don't know. I don't know what this document 22 Donoff's jurat. Could you please forward same to
23 is. 23 office. Thank you.
24 Q. Do you realize you are required by law to have 24 Q. I am presenting to you Exhibit 2, section 42.
25 this document signed under penalty of perjury in front 25 Section 42.
42 44
1 of a Notary? 1 A. Section 42?
2 MR. POLLOCK: Object to the form. Do you have 2 Q. Hold on. As an attorney who prepared estate
3 the rest of the document, Mr. Marshall? Is there a 3 planning documents for Allan Haymes, you signed an oath
4 reason why you're only producing one page? 4 of responsibility at the courthouse of which is going to
5 MR. MARSHALL: I do not have the rest of the 5 be Exhibit 2, section 35.
6 document here in front of me. Actually, I do have. 6 We're going to Exhibit 2, section 34.
7 It's -- I believe it's in section -- let me get my 7 We are going to not go there right now. I do not
8 white binder. 8 have that document here in front of me.
9 MR. POLLOCK: Off the record. 9 However, if you are to receive interrogatories in
10 (Off-the-record discussion held.) 10 production of documents or you have to produce those
11 BY MR. MARSHALL: 11 documents, why wouldn't you voluntarily produce a
12 Q. Exhibit B, page 12 of 21, up in the top. 12 penalty of perjury document?
13 MR. POLLOCK: I'm sorry, Exhibit 2, tab B? 13 MR. POLLOCK: Object to the form. Improper
14 MR. MARSHALL: Exhibit 2, section B. 14 question.
16 Q. Can you turn to Exhibit 2, section B, please? 16 Q. Exhibit 2, section 17. I am presenting to you
17 MR. POLLOCK: On what page? 17 Exhibit 2, section 42, is Lois Haymes' 2005 power of
18 MR. MARSHALL: Upper right-hand corner is 12 18 attorney. Section 2 --
19 of 21. 19 A. Section 2.
20 BY MR. MARSHALL: 20 Q. Section 2, Exhibit 42.
21 Q. This is a document produced by you in the 21 A. Exhibit 42?
22 beginning of 2011 in which you answered questions to 22 MR. POLLOCK: No, no. Exhibit 2, section 42.
23 interrogatories and production of documents. Okay? 23 BY MR. MARSHALL:
24 A. Okay. 24 Q. Exhibit 2, section 42 is Lois Haymes' power of
25 Q. Exhibit 2, section 16 -- 25 attorney. Page 6 --
11 (Pages 41 to 44)
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45 47
1 MR. POLLOCK: Is there a date on that power of 1 BY MR. MARSHALL:
2 attorney, Mr. Marshall? 2 Q. Exhibit 2, section E, page 6. Section E.
3 MR. MARSHALL: That date is going to be June 3 A. Section E. E.
4 16, 2005. 4 Q. Page 6 --
5 BY MR. MARSHALL: 5 A. Six.
6 Q. Please -- page 4, paragraph 14. Please read 6 Q. -- No. 1 and 2. What does that statement say?
7 the highlighted area. 7 MR. POLLOCK: Again, I'm going to object to
8 A. This is page 4 of a power of attorney dated 8 this document as an improper purported deposition
9 June 16, 2005. Paragraph 14 says, on the underlined 9 testimony of Jack Levy. This was done not in
10 section, my attorney-in-fact shall have the full power, 10 compliance with the Florida Rules of Civil
11 right and authority, to do, perform and to cause to be 11 Procedure and we're going to object to the
12 done and performed all such acts, deeds and matters in 12 authenticity and the admissibility of this
13 connection with my property and estate as my 13 document.
14 attorney-in-fact in my attorney-in-fact's sole 14 BY MR. MARSHALL:
15 discretion shall deem reasonable, necessary, desirable 15 Q. Please read page 6, No. 1 and 2.
16 or proper, as fully, effectually and absolutely as if my 16 A. Page 6, No. 1, says: Jack Levy: Uh, in my
17 attorney-in-fact was the absolute owner and possessor 17 lifetime. I'm 85 years old. She's the worst person I
18 thereof, except as provided in item 14 hereof. 18 ever met who was obstinate, uh, just a just, just a
19 Q. Okay. I am presenting to you Exhibit 2, 19 terribly, terribly, uh, opinionated, uh, just a bad, a
20 section 43, page 2. This is an amended power of 20 bad seed.
21 attorney on December 11, 2006. What does the 21 Q. What does obstante mean to you?
22 highlighted area say? 22 MR. POLLOCK: Object to the form.
23 A. This is a power of attorney executed December 23 THE WITNESS: What does obstinate mean?
24 11, 2006 by Allan Haymes and he appoints Mark Ertes to 24 MR. MARSHALL: To you.
25 be his lawful attorney-in-fact. 25 THE WITNESS: Somebody who is difficult to get
46 48
1 Q. Can you please read the rest, please? 1 along with.
2 A. Well, it empowers Mark to act as his true and 2 BY MR. MARSHALL:
3 lawful attorney-in-fact, to act for me and in my name 3 Q. Who is that statement from?
4 and on my behalf. Two, and it lists a bunch of specific 4 MR. POLLOCK: Object to the form.
5 powers. 5 THE WITNESS: Who is it from?
6 Q. Why do you think Allan Haymes added Mark Ertes 6 BY MR. MARSHALL:
7 as power of attorney more than one and a half years 7 Q. Yes. Who is this statement from?
8 after the June 2005 power of attorney? 8 A. Jack Levy.
9 MR. POLLOCK: Object to the form of the 9 Q. Line 6, what did Zylo ask Jack Levy?
10 question. You're asking Mr. Donoff his personal 10 MR. POLLOCK: Mr. Marshall, I'm just going
11 knowledge on documents that were done years before 11 to -- I want to make sure you understand. I'm
12 he ever was involved in this matter and years 12 putting a standing objection on the record to any
13 before he ever spoke with Allan Haymes. 13 questions that you're asking with respect to
14 MR. MARSHALL: I'm asking for his opinion. 14 Exhibit 2, tab E.
15 MR. POLLOCK: You're asking for his opinion. 15 MR. MARSHALL: Okay.
16 He's a fact witness, Mr. Marshall. He's not an 16 MR. POLLOCK: Okay.
17 expert, he's not an expert witness. But if you 17 MR. MARSHALL: That's fair.
18 know the answer, you can answer it. 18 MR. POLLOCK: I don't believe that this
19 THE WITNESS: I don't know the answer. 19 document is admissible. I think it was done not in
20 BY MR. MARSHALL: 20 compliance with Florida Rules of Civil Procedure,
21 Q. Do you think it was because Allan Haymes was 21 and therefore we are not only going to attack the
22 having problems with his daughter, Lois Haymes? 22 admissibility of the document, but also the
23 MR. POLLOCK: Object to the form of the 23 authenticity.
24 question. Same objection. 24 MR. MARSHALL: That's fine.
25 THE WITNESS: I don't know. 25 MR. POLLOCK: And having said that, I'm
12 (Pages 45 to 48)
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49 51
1 reserving my objections. I'm not going to say it 1 Jack Levy?
2 each time. You can ask Mr. Donoff questions 2 A. Zylo Marshall: What do you think Lois
3 regarding the question and answer dialogue 3 Haymes -- When do you think Lois Haymes redid his will?
4 purportedly between yourself and Jack Levy. 4 Q. What does Jack Levy say in line 4?
5 MR. MARSHALL: Sure. Well, actually it was 5 MR. POLLOCK: By the way, I'm going to make an
6 not purportedly because it was recorded and it was 6 objection. You're asking Mr. Donoff to read
7 recorded with his permission. 7 portions of Jack Levy's answer and not his full
8 MR. POLLOCK: I stand by my objection. 8 answers.
9 BY MR. MARSHALL: 9 MR. MARSHALL: Correct, correct.
10 Q. What does line 6 say? 10 MR. POLLOCK: I just want to note that for the
11 A. Zylo Marshall: Okay, um, was Lois Haymes a 11 record. Go ahead.
12 direct influence of her father's actions in 2005? 7:03. 12 THE WITNESS: Could you please repeat the
13 Q. In line 7, what does Jack Levy -- what is Jack 13 question?
14 Levy's answer? 14 BY MR. MARSHALL:
15 A. It says, yes. 7:06. 15 Q. What does Jack Levy say in line 4?
16 Q. What does Jack Levy say in line 16 and 17? 16 A. I don't know. I don't know but I don't know
17 A. She was, uh, she was influencing him from the 17 exactly when. I do know that at some point in time she
18 day he -- the week that she arrived in Florida. She 18 was all of a sudden she is the guardian. And, uh, the
19 started trying to isolate him from his family and 19 next thing you know she is fully in charge. Nothing
20 friends. 20 happens to Allan without her being involved. So it was
21 Q. What does line 22 say? 21 an impossible to get through her to Allan. What she did
22 A. It says, dance she took me aside and she said, 22 and how she could, uh -- many times Allan called me up,
23 If you don't get out of Allan's life, she -- I gonna 23 Jack, please come take me. Get her. I got to get rid
24 abandon him. 24 of her. I can't take it anymore. Please come help me.
25 Q. Line 18, Zylo Marshall asked Jack Levy the 25 Come help me. Out of desperation I would drop
50 52
1 turn of events surrounding a dance in Coconut Creek. 1 everything and run up to his place.
2 What is the year that Zylo Marshall is referring to? 2 Q. Okay. Okay. Was Jack Levy referring to the
3 MR. POLLOCK: Object to the form. Are you 3 2009 will and trust in your -- was Jack Levy referring
4 referring to a question based on what you say in 4 to problems associated with problems in the 2009 trust
5 paragraphs 16, page 6? 5 and will?
6 MR. MARSHALL: Yes. 6 A. I can't tell from this what he was referring
7 MR. POLLOCK: You're not asking Mr. Donoff for 7 to.
8 his personal knowledge of all this -- 8 Q. What does line -- what does Zylo ask Jack Levy
9 MR. MARSHALL: No. 9 in line 7?
10 MR. POLLOCK: -- correct? 10 A. What she did and how she could, uh -- many
11 MR. MARSHALL: No. 11 times Allan called me up, please, come and get me.
12 BY MR. MARSHALL: 12 Q. Line 7?
13 Q. What is the year Zylo Marshall is referring 13 A. That's what it says.
14 to? 14 Q. Okay. Let me -- let me --
15 A. 2005 or 2006. 15 MR. POLLOCK: Mr. Marshall, is there a reason
16 Q. What does the highlighted area of line 26 and 16 why you're just having my client read --
17 27 say? 17 MR. MARSHALL: Because --
18 A. What it says is, Jack Levy: From that day on, 18 MR. POLLOCK: -- deposition testimony?
19 we were at odds. She kept trying to isolate me and make 19 MR. MARSHALL: -- this shows from a third --
20 impossible demands on how and when I can see Allan 20 MR. POLLOCK: Alleged deposition testimony.
21 Haymes. 21 MR. MARSHALL: Excuse me?
22 Q. Moving on to page 7 of section E, what does 22 MR. POLLOCK: Alleged deposition testimony.
23 the highlighted area of line 5 say? 23 You're not asking him any questions. You're just
24 A. She wanted to control Allan's life. 24 asking him to read into the record a conversation
25 Q. Line 3 of page 8, what does Zylo Marshall ask 25 between yourself and Mr. Levy that took place
13 (Pages 49 to 52)
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53 55
1 without any involvement from my office. 1 respectfully, keep your own opinions out of this
2 MR. MARSHALL: Right, but it shows -- 2 and keep your arguments out of it. Ask him
3 MR. POLLOCK: The purpose of this deposition, 3 questions and he's happy to answer your questions
4 as you know, I'm sure, you're trying to inquire and 4 based on his personal knowledge.
5 obtain personal knowledge that Mr. Donoff may have 5 BY MR. MARSHALL:
6 about this case. 6 Q. Do you think it was right that Zylo Marshall
7 MR. MARSHALL: Right. 7 was disinherited with your participation?
8 MR. POLLOCK: You're not asking him anything 8 MR. POLLOCK: Object to the form.
9 about facts that he may know. 9 THE WITNESS: It had nothing to do with me.
10 MR. MARSHALL: Right. But a third party who 10 It was what your grandfather wanted.
11 recommends, makes a recommendation, makes a 11 BY MR. MARSHALL:
12 suggestion about Zylo Marshall's behavior, Zylo 12 Q. I am presenting to you Exhibit 2, section 27
13 Marshall's actions, Zylo Marshall's supposed 13 of the January 30, 2009 trust on Bates stamp No. 201.
14 harassment to Lois Haymes and supposed harassment 14 A. What about it?
15 to Allan Haymes, and this is a reference that if I 15 MR. POLLOCK: Where are we going?
16 were harassing them -- 16 MR. MARSHALL: We're going to --
17 MR. POLLOCK: I understand that, Mr. Marshall, 17 MR. POLLOCK: Exhibit 2.
18 but you're here to ask Mr. Donoff questions that he 18 MR. MARSHALL: -- Exhibit 2, section 27.
19 may know. You're trying to make your arguments 19 MR. POLLOCK: And by the way, would you agree
20 that have nothing to do with Mr. Donoff's personal 20 and stipulate that in this deposition sometimes you
21 knowledge. I'm just trying to streamline this 21 refer to a tab, sometimes you refer to a section,
22 deposition. But you can't sit here, I don't 22 it's interchangeable?
23 believe it's proper for you to sit here and ask him 23 MR. MARSHALL: Sure, sure.
24 questions about things that happened years before 24 MR. POLLOCK: Same thing, correct?
25 he was ever involved. 25 MR. MARSHALL: Yes.
54 56
2 Q. As you sit here today, do you think Lois 2 Q. Exhibit 2, section 27, Bates stamp No. 201.
3 Haymes had her father's best interest at heart? 3 Where you will become co-trustee of Allan Haymes and
4 A. Yes. 4 unable to handle his affairs, what does the highlighted
5 Q. Okay. What -- what does page -- this is going 5 area say?
6 to be in the deposition. Okay. What does page 17, line 6 A. It says that in the event that either Lois or
7 25 and 26 say? 7 her father is unwilling or able to act, then the settler
8 MR. POLLOCK: Go ahead. 8 appoints his attorney to act as co-trustee with the
9 THE WITNESS: It says: If a person is out of, 9 remaining trustee.
10 is not, uh, uh, in control of his, um, his, um, 10 Q. What do you think that legally -- what do you
11 facilities and he signs a piece of paper out of 11 think that clause means to you?
12 fear rather than should be binding. 12 A. It means that if Allan was not able to act,
13 BY MR. MARSHALL: 13 that he would want me and Lois to be his successor
14 Q. You were a co-trustee and there was evidence 14 trustees, to take care of him in the event of his
15 that, in a variety of sources, including this conference 15 disability or to administer his estate upon his death.
16 call with Jack Levy. What do you make of these facts? 16 Q. Did this authorize you to take advantage of
17 MR. POLLOCK: Object to the form. That 17 him or follow the instructions of his daughter, Lois
18 question's not even intelligible. Could you please 18 Haymes?
19 rephrase it? 19 MR. POLLOCK: Object to the form.
20 MR. MARSHALL: Well, there's evidence of -- 20 THE WITNESS: No.
21 MR. POLLOCK: No, don't talk to me. I'm 21 BY MR. MARSHALL:
22 asking you to please rephrase any question you 22 Q. Why or why not?
23 would like Mr. Donoff to answer. 23 MR. POLLOCK: And I'm going to put a further
24 MR. MARSHALL: Okay. 24 objection. Mr. Marshall, the question is improper.
25 MR. POLLOCK: Please, I'm asking you 25 You're insinuating that Mr. Donoff took advantage.
14 (Pages 53 to 56)
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57 59
1 If you want to ask him, did you take advantage of 1 we can sign it; if you're not, I can make any
2 Allan Haymes, go ahead and ask him, but you can't 2 changes that are necessary.
3 ask a question and assume certain facts. 3 BY MR. MARSHALL:
4 MR. MARSHALL: Right. 4 Q. Prior to this lawsuit, did you ever meet Zylo
5 MR. POLLOCK: You have to, what they call, 5 Marshall?
6 develop the predicate. 6 A. No.
7 MR. MARSHALL: But there's also negative 7 Q. Have you ever signed any written statements,
8 questions as well. There's positive questions and 8 made recording statements, spoken to any reporters about
9 there's negative questions. 9 the events related to this lawsuit?
10 MR. POLLOCK: Can you read back that last 10 A. No.
11 question, please? 11 Q. Okay. Have you ever posted any statements
12 (The question was read back by the Reporter.) 12 about these events on any Internet sites?
13 MR. POLLOCK: And I'm going to further object 13 A. No.
14 to the form of that question. 14 Q. Okay. Besides Lois, was there anyone else
15 THE WITNESS: No. 15 present when you met with Allan Haymes?
16 BY MR. MARSHALL: 16 MR. POLLOCK: Object to the form.
17 Q. Okay. Why or why not? 17 THE WITNESS: The first time?
18 A. Because I acted with his daughter. We were 18 MR. POLLOCK: What time are you referring to?
19 there to protect him. We acted as his fiduciary. We 19 MR. MARSHALL: Anytime.
20 benefited him to do what needed to be done. To pay his 20 THE WITNESS: Well, without my notes, I
21 bills if he was not able to, to manage his money, to 21 wouldn't be able to answer that, but I could
22 collect his rents and royalties on the buildings that he 22 clearly say when I met her the first time she was
23 owned, to file the necessary tax returns that were 23 with him. And I asked him what he was here about,
24 required by law, and to take care of his physical and 24 and he told me and she was sitting there.
25 mental wellbeing, which Lois and I did a -- Lois 25 BY MR. MARSHALL:
58 60
1 specifically did an incredible job, seeing her father 1 Q. So there were no other third parties present
2 and taking care of him. 2 at any of the meetings?
3 Q. What were the circumstances surrounding the 3 A. No, besides Lois and her father, after the
4 signing of the trust documents on January 30, 2009? 4 first few, no.
5 MR. POLLOCK: Object to the form. 5 Q. How many times were you -- was your --
6 THE WITNESS: You'd have to be more specific. 6 A. Excuse me. Excuse me.
7 What does that mean? 7 Q. Yes.
8 BY MR. MARSHALL: 8 A. After -- after Mr. Haymes became a client and
9 Q. On January 30, 2009, was he in a wheelchair? 9 we took care of his financial matters, I did introduce
10 Was he using a cane or a walker? Did he comprehend the 10 him to an investment adviser and he moved his account
11 events? Was he nervous? Did he seem agitated at that 11 from Merrill Lynch to Prime Capital. So he was in a few
12 event? 12 meetings with us to take care of that.
13 MR. POLLOCK: Object to the form. Compound 13 Q. What is his or her name?
14 question. You can answer it if you understand it. 14 A. His name is Ed Venezia. Venezia.
15 THE WITNESS: He wasn't nervous. He wasn't 15 Q. How did you find -- how did you find this
16 agitated. He had me read the document paragraph by 16 person?
17 paragraph to him. He clearly understood that day 17 A. I've had a relationship with him for many
18 what we were doing. And nobody unduly influenced 18 years.
19 him, in my opinion. He had the legal capacity to 19 Q. During the current lawsuit against you, did
20 execute this document. And he was only protecting 20 Zylo Marshall file another lawsuit against you?
21 his daughter. 21 A. No, not that I know of. Not yet.
22 And he made it very clear what he wanted to do 22 Q. During the current lawsuit against you, did
23 regarding his grandson. And he made it clear to me 23 Zylo Marshall file another lawsuit against you?
24 that the specific bequest on page 6, we went over 24 A. Yes.
25 that, and I said to him, if you're okay with that, 25 Q. Was it a lawsuit -- was it a lawsuit in
15 (Pages 57 to 60)
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1 federal court? 1 What did you mean by that statement when you have
2 A. No. 2 caused Zylo Marshall much distress and mental anguish by
3 Q. What kind of lawsuit was it? 3 disinheriting him?
4 A. It was in the state court of California. 4 MR. POLLOCK: Again, to the extent the
5 Q. Did you fly to California to attend a lawsuit? 5 question causes you to reveal attorney-client
6 A. No. 6 privileged communications that you would have had
7 Q. Why or why not? 7 with me or anyone from my law firm, I'm going to
8 MR. POLLOCK: Object to the form. And to the 8 instruct you not to answer.
9 extent that that answer requires you to reveal any 9 THE WITNESS: Okay.
10 attorney-client communications that you had with 10 MR. POLLOCK: But without that, if you can
11 me, I'm going to instruct you not to answer. 11 answer without revealing communications that we've
12 BY MR. MARSHALL: 12 had, feel free to do so.
13 Q. Why did you win? Why did you win the lawsuit? 13 THE WITNESS: I can't.
14 A. Because the court had no jurisdiction over me. 14 BY MR. MARSHALL:
15 Q. And that's the only reason? 15 Q. Moving on, your answer on page 9, item 1
16 MR. POLLOCK: Object to the form. 16 through 11, why did you provide false facts to the court
17 THE WITNESS: Yes. 17 in California by saying, respondent denies the
18 BY MR. MARSHALL: 18 allegations in paragraph 1 through 11 of the petition
19 Q. Do you think the current lawsuit has caused 19 and demand strict proof?
20 Zylo Marshall serious health issues? 20 MR. POLLOCK: What are you referring to?
21 MR. POLLOCK: Object to the form. Mr. Donoff 21 MR. MARSHALL: I'm referring to page 9, item 1
22 is here as a fact witness. He's not here as a 22 through 11.
23 medical provider or an expert witness. 23 MR. POLLOCK: Item 2, tab G, pages 9 through
24 BY MR. MARSHALL: 24 11 is the answer and affirmative defenses to the
25 Q. Zylo Marshall has been in mental hospitals, 25 petition for revocation of probate that was filed
62 64
1 Zylo Marshall has had seizures, Zylo Marshall has had 1 by my law firm on behalf of Lois Haymes and Craig
2 grand mal seizures at your depositions. 2 Donoff as personal representatives of the estate of
3 MR. POLLOCK: Mr. Marshall, you're here to ask 3 Allan Haymes.
4 questions to Mr. Donoff. You're not here to argue 4 BY MR. MARSHALL:
5 to me. Okay. And if you're going to make 5 Q. Why did you provide false facts to the court
6 statements like that, make the record accurate. 6 in California by saying, respondent denies the
7 You've had seizures for many, many years prior to 7 allegations in paragraph 1 through 11 of the petition
8 this lawsuit, not as a result of this lawsuit. So 8 and demand strict proof?
9 I object to the extent that you're trying to 9 MR. POLLOCK: I'm going to object to the
10 misinterpret or misconstrue the facts of this case. 10 question. It's unintelligible. I don't know what
11 BY MR. MARSHALL: 11 you're referring to.
12 Q. What does Exhibit 2, section G, page 3, item 12 MR. MARSHALL: He provided documentation
13 4 -- 13 saying that he needed strict proof.
14 MR. POLLOCK: Can you repeat that number 14 MR. POLLOCK: What documentation are you
15 again? 15 referring to, Mr. Marshall?
16 MR. MARSHALL: Exhibit 2, section G, page 3, 16 MR. MARSHALL: The documentation in regard to
17 item 4. 17 the reason why Zylo Marshall was disinherited.
18 BY MR. MARSHALL: 18 MR. POLLOCK: Okay. What documents
19 Q. What does the highlighted area say? 19 specifically are you asking my client to look at?
20 A. It says that I should not be forced to incur 20 MR. MARSHALL: I'm talking about page 9, item
21 substantial costs to appear live to contest this 21 1 through 11.
22 frivolous claim. 22 MR. POLLOCK: Are you referring to the answer
23 Q. What did this -- what did you mean by that 23 that I just --
24 statement, when you have caused Zylo Marshall much 24 MR. MARSHALL: Yes.
25 distress and mental anguish by disinheriting him? 25 MR. POLLOCK: -- referenced previously?
16 (Pages 61 to 64)
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1 MR. MARSHALL: Yes, yes. 1 Mischaracterizes prior testimony. You've not
2 MR. POLLOCK: Okay. 2 established any inconsistency.
4 Q. So it requires strict proof. Why does Zylo 4 Q. Did you ever -- did you ever speak to anyone
5 Marshall have over a thousand pages in discovery 5 about this case other than those involved in the case?
6 documents from you and Lois if the lawsuit is frivolous? 6 A. No.
7 MR. POLLOCK: Object to the form. 7 Q. Have you ever spoken to Lindsey Donoff about
8 THE WITNESS: You'd have to make the question 8 this case?
9 more specific because I don't understand it. 9 A. Have I spoken to Lindsey Donoff about this
10 MR. POLLOCK: And to the extent that any 10 case?
11 answer would require you to reveal attorney-client 11 Q. Yes.
12 privileged communication between yourself and my 12 A. She works in my office, so, I mean, taking up
13 law firm or myself, I'm going to instruct you not 13 a lot of time so she might have heard something. I
14 to answer. Go ahead. 14 didn't speak to her about it. She might have heard
15 BY MR. MARSHALL: 15 about it.
16 Q. So basically this lawsuit, according to the 16 Q. In the first time you first met Allan Haymes,
17 lawsuit in California, states that this lawsuit is 17 how many retirement homes did he reside at -- in?
18 frivolous, you know, it's baseless and frivolous. Okay. 18 A. A few.
19 And my question for you is, then why do I have over a 19 Q. Okay. Starting from January 2009, would you
20 thousand pages of discovery if this lawsuit is 20 please give me the name of the first retirement home.
21 frivolous? 21 A. To the best of my knowledge, I only know -- I
22 A. I don't know. 22 only know of two homes.
23 Q. Isn't it true false facts in any court is 23 Q. Can you give me the names of those?
24 considered fraud on the court? 24 A. Yes. The Atrium in Boca Raton, and he wasn't
25 MR. POLLOCK: Object to the form. 25 getting the proper care and he did not like it. And
66 68
1 THE WITNESS: Yes. 1 then Lois did a lot of due diligence and looked around
2 BY MR. MARSHALL: 2 and she found the Carlisle in West Palm Beach or
3 Q. In fact, Exhibit 2, section G, page 13, item 3 Manalapan, Palm Beach, and that's where he ultimately
4 3 -- Exhibit 2, section G, page 13, item 3, No. A, what 4 went because it had the best care.
5 does it say? 5 Q. What date did he move from the first
6 A. Why does the defendant owe the plaintiff 6 retirement home to the second?
7 money. 7 A. I don't know.
8 Q. Okay. What does it say below that? 8 Q. Is the only reason why Lois --
9 A. I am a plaintiff in a probate case in West 9 MR. POLLOCK: I'm sorry. Hold on a second.
10 Palm Beach, Florida, of which I was disinherited from 10 Do you want to take a two-minute break?
11 with the participation of Craig Donoff. Because of this 11 MR. MARSHALL: Yes. Off the record.
12 lawsuit, I have had many seizures causing me to go to 12 (Pause in proceedings 12:04 p.m. - 12:12 p.m.)
13 the ER more than four times in the last two years. I'm 13 MR. MARSHALL: So now we're on the record.
14 a current resident of Sacramento, California. Further, 14 BY MR. MARSHALL:
15 please, because of this lawsuit in Florida, I have been 15 Q. Going back to the document that was supposed
16 in a mental hospital on a suicide watch. 16 to be signed for interrogatories and production of
17 Q. Okay. Okay. If you were an ethical attorney, 17 documents, that document is not signed from the letter
18 why would you lie to the court? 18 that was sent to Shendell Pollock's office asking for
19 MR. POLLOCK: Object to the form. 19 that document to be signed. Okay. However, Exhibit 2,
20 Mischaracterizes prior testimony. 20 section 17, page 20, can you please read the highlighted
21 THE WITNESS: What's your question? 21 area?
22 BY MR. MARSHALL: 22 MR. POLLOCK: Hold on.
23 Q. You provided facts to the court in California 23 MR. MARSHALL: Seventeen, Exhibit -- section
24 that were contrary to the facts in this lawsuit. 24 17.
25 MR. POLLOCK: Object to the form. 25 MR. POLLOCK: Yeah.
17 (Pages 65 to 68)
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69 71
1 MR. MARSHALL: Behind -- 1 MR. POLLOCK: Aren't you going in order of
2 MR. POLLOCK: Exhibit 2, section 17 only has 2 letters?
3 one page in it. 3 MR. MARSHALL: Yes. Exhibit 2 --
4 MR. MARSHALL: I only have that in this 4 MR. POLLOCK: I think the last Exhibit was G,
5 document. So I don't have it over there, but I 5 as in girl.
6 only have it in this document. 6 MR. MARSHALL: H.
7 MR. POLLOCK: I thought you said to me before 7 MR. POLLOCK: Hold on one second. Let's take
8 this deposition started that the white binder in 8 a look and make sure that's right. I want to make
9 your possession is the same exact white binder as 9 sure we're staying in order.
10 the one that's in my possession and that was marked 10 Off the record for a second.
11 as Exhibit 2 to your deposition on April 22, 2013. 11 (Off-the-record discussion held.)
12 MR. MARSHALL: After that point, I was able to 12 MR. POLLOCK: Okay. Go ahead.
13 find documents from the courthouse that I otherwise 13 BY MR. MARSHALL:
14 didn't have prior. Okay? 14 Q. So this is going to be Exhibit 2, section 17,
15 MR. POLLOCK: Are there any other differences 15 page 20 and 21. Would you please read the highlighted
16 between these two white binders? 16 area?
17 MR. MARSHALL: There's a few. There's a few 17 A. I will faithfully administer the estate of
18 things that are different. I'd like to make copies 18 decedent according to law.
19 of those and give those to you. 19 Q. Okay. And do you feel that you have lawfully
20 MR. POLLOCK: Okay. 20 done that?
21 MR. MARSHALL: I have no problem with that. 21 A. Yes.
22 Okay? 22 Q. Including signing the jurat from the discovery
23 MR. POLLOCK: And is this one of them -- 23 documents?
24 MR. MARSHALL: Yes. 24 A. Well, if it needed to be done, I would have
25 MR. POLLOCK: -- what you're presenting to 25 signed it if my attorney instructed me to.
70 72
1 Mr. Donoff? 1 Q. Then I'd like to have a copy of that signature
2 MR. MARSHALL: Yes. 2 prior to the leaving of this deposition.
3 MR. POLLOCK: Which is an oath of personal 3 MR. POLLOCK: You're not going to get it prior
4 representative and designation and acceptance of 4 to the leaving of this deposition. We will
5 registered agent that was filed on September 21, 5 double-check. If it has not been sent to you, then
6 2010? 6 I'm telling you we will provide it to you. I
7 MR. MARSHALL: Yes. 7 believe it has been sent, but I will double-check.
8 MR. POLLOCK: Correct? 8 BY MR. MARSHALL:
9 MR. MARSHALL: Yes. 9 Q. How long did he reside in the first retirement
10 MR. POLLOCK: And where do you suggest that 10 home?
11 this go in the binder? Are you putting this 11 A. I couldn't tell you. I don't know exactly. I
12 into -- 12 wasn't following it day-to-day like Lois was.
13 MR. MARSHALL: This is going to be in Exhibit 13 Q. Okay. You know, you guys left the room for
14 2, section 17, behind the 19 that was not produced 14 two or three minutes. Was there a reason why you guys
15 or that was not signed. So it will be right there. 15 left the room?
16 MR. POLLOCK: Okay. So you want me to put 16 A. Because I went to the bathroom. That's why I
17 this in here now? 17 left the room.
18 MR. MARSHALL: I don't have another copy. 18 Q. Okay.
19 MR. POLLOCK: Well, we can have the court 19 MR. POLLOCK: So did I.
20 reporter make a copy. 20 BY MR. MARSHALL:
21 MR. MARSHALL: Yes. 21 Q. Okay. What date did he move from the first
22 MR. POLLOCK: And you're going to mark this 22 retirement home to the second retirement home, or what
23 as -- 23 date, time frame?
24 MR. MARSHALL: Exhibit 1 -- Exhibit 2. 24 A. I don't remember.
25 Exhibit 2, Exhibit 2 -- 4? 25 Q. Do you know why Lois Haymes moved her father
18 (Pages 69 to 72)
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73 75
1 to the second retirement home? 1 MR. MARSHALL: Okay.
2 A. Yes. 2 THE WITNESS: Yes.
3 Q. Why is that? 3 BY MR. MARSHALL:
4 A. He wasn't getting the proper care and he 4 Q. Was Lois Haymes after all her father's money?
5 wasn't -- they weren't taking care of his needs like he 5 A. Not that I know of.
6 had wanted to, and she wasn't getting the right answers 6 Q. Did you ever read any witness statements prior
7 from the supervisors. So we discussed it on the phone, 7 to this deposition?
8 and I said that she should look for a better place for 8 MR. POLLOCK: Object to the form.
9 him where he would get the services that he needed. And 9 THE WITNESS: No.
10 she looked around for a few weeks and she come up with 10 BY MR. MARSHALL:
11 the Carlisle, which is, you know, an unbelievable place 11 Q. Did you listen to any recordings prior to this
12 in Palm Beach. And that's where he was, that's where he 12 deposition?
13 moved to. 13 A. No.
14 Q. From January 2009 until the time of 14 Q. Did you ever read any deposition transcripts
15 Mr. Haymes' death, what month were the authorities 15 prior to this deposition?
16 called out? 16 A. No.
17 MR. POLLOCK: Object to the form. What 17 Q. Please tell me everything you did to prepare
18 authorities are you referring to? 18 for this deposition.
19 MR. MARSHALL: Well, Zylo Marshall called the 19 MR. POLLOCK: Object to the form. Asked and
20 authorities around May of 2009. Okay? 20 answered. Didn't you ask that question at the
21 MR. POLLOCK: I'm just asking you -- I'm 21 beginning of the depo?
22 asking you to clarify your question to Mr. Donoff. 22 MR. MARSHALL: I believe I did.
23 You said authority. I don't know what you're 23 BY MR. MARSHALL:
24 referring to. 24 Q. How did you find your attorney, Shendell
25 MR. MARSHALL: Adult Protective Services. 25 Pollock?
74 76
1 BY MR. MARSHALL: 1 MR. POLLOCK: Object to the form. Asked and
2 Q. Okay. From the January 2009 until the time of 2 answered. I'm sorry, strike that.
3 Mr. Haymes' death, what month were Adult Protective 3 Object to the form. To the extent that answer
4 Services called out? 4 reveal -- causes you to reveal any attorney-client
5 A. I don't know. 5 privileged communications, I'm instructing you not
6 Q. Were they called out? 6 to answer. However, without revealing
7 A. I can't remember. 7 communications that we had, you can answer the
8 Q. Okay. You don't remember if the authorities 8 question.
9 were called out in May or June of 2009? 9 THE WITNESS: They're excellent attorneys.
10 A. No, I don't remember. And I have two 10 BY MR. MARSHALL:
11 associates that work with me on the case, Andrew 11 Q. How did you find your attorney?
12 Wieczorek and an attorney named Sherry Cohen. So it 12 A. Well, I've known them for many, many years and
13 might have been they would know more better than me 13 I have been involved in cases with them. So we've
14 because they were more involved with it at that time. 14 referred other clients to them for similar matters.
15 MR. MARSHALL: Can I get documentation of 15 Q. Do you have your driver's license with you?
16 those documents from those attorneys? 16 A. Yes.
17 MR. POLLOCK: It's an improper question. You 17 Q. I would like to see that, please.
18 can't ask me that question in a deposition. 18 MR. POLLOCK: I'm going to instruct -- there's
19 Mr. Donoff is here to answer any questions you may 19 no reason for you to see a driver's license. This
20 have. 20 is a question and answer deposition. You didn't
21 BY MR. MARSHALL: 21 ask my client to bring any documents with him.
22 Q. Did Lois Haymes have her father's best 22 He's here to answer any questions, but I'm not
23 interest at heart? 23 going to instruct him to produce his driver's
24 MR. POLLOCK: Object to the form. Asked and 24 license to you.
25 answered. 25 BY MR. MARSHALL:
19 (Pages 73 to 76)
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77 79
1 Q. What did Allan Haymes say to you that caused 1 Her father came. It wasn't her money. It was her
2 you to believe he was not influenced by his daughter, 2 father's estate and he's the one that came. And as
3 Lois Haymes? 3 I said previously, he was referred to my office by
4 A. He told me what he wanted. I reviewed his 4 his partner, who I had represented for 20 years,
5 prior will and trust. I asked him who he wanted to take 5 and he got a good recommendation.
6 care of. He gave me the specific bequests. And then he 6 BY MR. MARSHALL:
7 told me that he wanted the balance of his estate to be 7 Q. Did Lois Haymes seem agitated or upset in any
8 put into a trust for Lois' benefit. And he told me that 8 way on January 30, 2009?
9 he wanted to make no provision for you. 9 MR. POLLOCK: I'm sorry, can you repeat the
10 Q. For who? 10 question?
11 A. For you, Zylo Marshall, because you had caused 11 BY MR. MARSHALL:
12 a lot of problems to him. Even though he said he loved 12 Q. Did Lois Haymes seem agitated or upset in any
13 you, he said that you caused him a lot of problems and 13 way on January 30, 2009?
14 he didn't feel that you should be a beneficiary. That's 14 MR. POLLOCK: Object to the form. Asked and
15 what he told me. 15 answered, but go ahead and answer it.
16 Q. Why did you prepare the trust and will 16 THE WITNESS: It was asked and answered
17 documents when you knew he was demented and -- demented? 17 already.
18 MR. POLLOCK: Object to the form. Improper 18 MR. POLLOCK: Do you recall asking that
19 question. You can answer it. 19 question? You asked that question.
20 Do you want to rephrase the question? 20 MR. MARSHALL: I don't believe I asked it in
21 BY MR. MARSHALL: 21 that way.
22 Q. Okay. He was -- there's verification and 22 MR. POLLOCK: Well, you can answer it, but I
23 proof that he was demented January 30, 2009. 23 believe it was asked.
24 MR. POLLOCK: Object to the form. 24 THE WITNESS: No.
78 80
1 Q. Okay. Why do you -- why did you prepare a 1 Q. I am going to ask this question in regards to
2 trust and will document when you knew he was demented? 2 Jack Levy's deposition or conference call. Okay. This
3 MR. POLLOCK: Object to the form. 3 question only. Okay. Exhibit 2, section E, page 19.
4 THE WITNESS: In my opinion, he wasn't. He 4 A. Exhibit 2, No. 19.
5 was clear. He understood everything that we talked 5 MR. POLLOCK: Can I have your copy, please?
6 about. He told me about his real estate interests 6 It's not in this binder at this moment. I'm sorry,
7 and how he acquired them and how he dealt with 7 did you say tab 19?
8 them. He had a sizeable Merrill Lynch account that 8 MR. MARSHALL: I believe it's -- okay. Is
9 was being managed by them and excessively charged 9 that -- yeah, I'm referring to this.
10 and I guess he was tired of paying large bills to 10 BY MR. MARSHALL:
11 Seth Ellis and his friend, the CPA, and that's why 11 Q. This is going to be Exhibit 2, section E, page
12 he wanted a second opinion as to his documents. 12 19. What is this a document of?
13 And he was concerned about the federal estate 13 A. What's this a document of? I don't know. I
14 tax of 50 percent. He wanted to protect his 14 don't know.
15 estate, but he was aware of who his beneficiaries 15 Q. It's a sweared under penalty of perjury by
16 were as outlined in that document. He wanted Lois 16 Jack Levy?
17 to be the primary beneficiary. And he did not want 17 A. Well, that's what it says.
18 Seth Ellis and Merrill Lynch to be his executors 18 Q. So that's the extent of what that document is,
19 anymore. He felt that they took advantage of him. 19 correct?
20 BY MR. MARSHALL: 20 MR. POLLOCK: Object to the form. You're
21 Q. Why did Lois Haymes leave Seth Ellis and come 21 showing my client a document that he was not
22 to your office? 22 involved with. He didn't participate in it. He
23 MR. POLLOCK: Object to the form. Calls for 23 didn't prepare it.
24 speculation. 24 MR. MARSHALL: Right. But that shows that
25 THE WITNESS: Well, she didn't do anything. 25 this document is true to the best of his ability in
20 (Pages 77 to 80)
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81 83
1 relation to this document only. 1 said, holy shit, in the courtroom. And I remember that
2 MR. POLLOCK: That's your position. That's 2 vividly. And I'm not sure how that means you don't know
3 your argument. Our position is that this document 3 anything about Aces Associates when I showed you a
4 is not authentic, it's not admissible and we'll 4 document that you seemed concerned about.
5 argue that to the court later on. You took that 5 MR. POLLOCK: Object to the form.
6 deposition, or alleged deposition, Mr. Marshall, 6 MR. MARSHALL: It's an improper question, but
7 without telling anybody about it. You can't do 7 please go ahead and respond to it.
8 that under the Rules of Civil Procedure and you did 8 THE WITNESS: I don't remember saying that in
9 it. 9 the court. Number one, I don't think I testified
10 BY MR. MARSHALL: 10 in the trial. I did not testify. I was just there
11 Q. If you had any -- if you had witnessed, knew 11 as a witness. And I don't think that question was
12 of, or were aware of any problems with Lois Haymes, if 12 ever given to me, by you or anybody else.
13 you knew about any problems with Lois Haymes, why didn't 13 BY MR. MARSHALL:
14 you call the Adult Protective Services if you knew 14 Q. By who?
15 something? 15 A. By you or anybody else about Aces Associates,
16 MR. POLLOCK: Object to the form. Improper 16 and it doesn't sound familiar.
17 question. 17 Q. So you know nothing about Aces Associates
18 THE WITNESS: I didn't know of anything. 18 Limited Partnership?
19 BY MR. MARSHALL: 19 MR. POLLOCK: Object to the form. Asked and
20 Q. Okay. Do you consider yourself an honest, 20 answered.
21 ethical attorney? 21 MR. MARSHALL: Okay.
22 A. Yes. 22 THE WITNESS: No, I didn't know anything about
23 Q. No hesitation in that, correct? 23 it.
24 A. Correct. 24 BY MR. MARSHALL:
25 Q. Okay. We're going to -- so I may have asked 25 Q. Okay. Exhibit 2, section O.
82 84
1 this question, but why do you think Allan Haymes put 1 A. What did you say?
2 Mark Ertes as power of attorney in addition to Lois 2 Q. Exhibit 2, section O.
3 Haymes? 3 A. Section O, yes.
4 MR. POLLOCK: Object to the question. Asked 4 Q. First page. Prior to this lawsuit, were you
5 and answered. 5 aware of 14 properties being sold on 4/30, 2008,
6 THE WITNESS: I don't know. 6 equaling $15,610,000?
8 Q. Okay. Do you think it was -- again, this is 8 THE WITNESS: I didn't have any information
9 just a statement. You can say yes or no. I may have 9 regarding this. It's the first time I've seen it.
10 asked the question, but it's just to go further. 10 BY MR. MARSHALL:
11 Okay. Do you think it was because he was having 11 Q. So Lois Haymes never provided you any
12 problems with his daughter, Lois Haymes? 12 information regarding a property or $15 million being
13 MR. POLLOCK: Object to the form. 13 sold in one day, over 14 properties?
14 THE WITNESS: I don't know. 14 MR. POLLOCK: Object to the form.
15 BY MR. MARSHALL: 15 THE WITNESS: No.
16 Q. You don't know? You don't know if he was 16 BY MR. MARSHALL:
17 having problems with his daughter, Lois Haymes? 17 Q. Exhibit 2, section 14, is an e-mail from Ellen
18 A. That was way before I met him. 18 Cohen to Sherry Cohen. My first question to you is why
19 Q. Okay. My question to you is, do you know of 19 wasn't this e-mail addressed to you if you were Lois
20 anything about Aces Associates Limited Partnership? 20 Haymes' attorney?
21 A. No. 21 MR. POLLOCK: Object to the form.
22 Q. You do not know of anything regarding Aces 22 THE WITNESS: The answer is because in the
23 Associates Limited Partnership? 23 administration of a decedent's estate, I'm not the
24 When I was in the settlement hearing and I showed 24 sole attorney that works on every estate. That's
25 you a cancellation of certificate of cancellation, you 25 why I have associates, so that if I'm in court or
21 (Pages 81 to 84)
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85 87
1 I'm busy, the associate attorney can take these 1 BY MR. MARSHALL:
2 phone calls or these e-mails. So Sherry was 2 Q. -- Pollock a second amendment to produce
3 intimately involved in this case and working. 3 documents, question 12 was a question stating that she
4 That's the reason why. And we were trying to get 4 will produce this document if there is a document that
5 all the information to properly administer the 5 Zylo Marshall would sign not revealing any facts to
6 estate of Allan Haymes. 6 anybody. In other words, Lois Haymes signed the
7 BY MR. MARSHALL: 7 document under penalty of perjury, but did not produce
8 Q. Did you ask Lois Haymes if she produced all 8 all the documents. Which documents are these?
9 documents associated with Allan Haymes, all documents, 9 MR. POLLOCK: Improper question, Mr. Marshall.
10 everything that she may have had in her possession? 10 You can ask -- you know, I'm going to ask you if
11 Have you asked her, are these all the documents that I 11 you could please rephrase it. So you can ask
12 have received? 12 Mr. Donoff his personal knowledge on anything as
13 MR. POLLOCK: Object to the form. Can you 13 opposed to things regarding other people that he
14 limit the question in terms of the scope and time 14 didn't know about.
15 frame? What time frame are you referring to, date 15 BY MR. MARSHALL:
16 of death? 16 Q. Okay. What's your personal knowledge about
17 BY MR. MARSHALL: 17 any documents not produced to Zylo Marshall?
18 Q. Between January 2009 until his death and 18 MR. POLLOCK: Object to the form.
19 prior -- or during this lawsuit, during -- during the -- 19 THE WITNESS: I couldn't answer that because
20 strike that. 20 I'm not a -- I'm not -- I'm not involved in every
21 During this lawsuit, did you ask Lois Haymes if she 21 single documentation of the issues. They don't
22 produced all documents to you during this lawsuit? 22 discuss every single matter with me. They only
23 MR. POLLOCK: To the extent -- you can answer 23 discuss things that are important.
24 the question to the extent it deals with the 24 MR. POLLOCK: Mr. Donoff, I don't want you to
25 administration of Allan's estate. With respect to 25 discuss any communications you had with the lawyers
86 88
1 communications you would have had with Lois and/or 1 because I think the question -- if you can please
2 myself regarding this lawsuit, I'm going to 2 read it back, I think it's a yes or no answer.
3 instruct you not to answer that question based upon 3 (The question was read back by the Reporter.)
4 the attorney-client and work-product privilege. 4 THE WITNESS: As far as I know, all the
5 MR. MARSHALL: Sure. 5 documents were produced.
6 MR. POLLOCK: But with respect to the 6 BY MR. MARSHALL:
7 administration of the estate, which is what I 7 Q. Then why did Lois Haymes respond to amended
8 believe you're really referring to, you can answer 8 discovery of documents saying she will produce these
9 that question. 9 documents only if Zylo Marshall signs a nondisclosure
10 THE WITNESS: Yes. Lois gave me all the 10 agreement?
11 information about her father and we verified it 11 MR. POLLOCK: Object to the form. You can
12 also with his tax returns and through his CPA. So 12 answer if you have any personal knowledge.
13 all the information regarding Mr. Haymes' estate 13 THE WITNESS: I don't have any personal
14 was comprised, accumulated, and she produced to me 14 knowledge on that.
15 because I am a co-trustee with her. 15 BY MR. MARSHALL:
16 MR. MARSHALL: Right. 16 Q. Exhibit 2, section 20, page 2 are reports from
17 THE WITNESS: So she participated voluntarily 17 the Palm Beach County Sheriff's Office. On this page
18 and did a very good job in getting everything 18 the sheriff's office came to the scene as a follow-up
19 organized. 19 visit. Please read what they found as a result of this
20 BY MR. MARSHALL: 20 visit.
21 Q. Okay. When I sent you or sent Shendell 21 MR. POLLOCK: Are you going to ask my client
22 Polack -- 22 to read the whole document into the record?
23 MR. POLLOCK: Not Polack, Pollock. 23 MR. MARSHALL: Well, he's saying that Lois
24 MR. MARSHALL: Pollock. 24 Haymes was an honest, ethical, hardworking person
25 MR. POLLOCK: Please say it right. 25 for her father and this document is contrary to
22 (Pages 85 to 88)
561-835-0220 4076
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1 what Craig Donoff is saying. Contrary. 1 BY MR. MARSHALL:
2 MR. POLLOCK: If you want to ask him questions 2 Q. Okay. Exhibit 2, section 31 --
3 about the document, go ahead and do so. If you 3 MR. POLLOCK: I'm sorry, you're now going away
4 want him to read the whole thing into the record 4 from Exhibit 2, section 20?
5 you can do it. I think it's absolutely a waste of 5 MR. MARSHALL: Well, yeah, behind section 31
6 time. It's not appropriate. That's my -- that's 6 is the same document as it is on section 20.
7 my opinion, but if you want to ask him questions, 7 BY MR. MARSHALL:
8 go ahead and do so. 8 Q. Okay. And so page 1, it's to Dr. -- or
9 BY MR. MARSHALL: 9 Detective Sowers, S-O-W-E-R-S. So she's the one
10 Q. Okay. The highlighted area, just read that 10 involved in this allegation of possible abuse and
11 just to have it internalized so you'll know what this is 11 possible financial exploitation. Okay. So she's the
12 about. 12 one that authored this, not me. Nobody else. Not Lois.
13 A. It says, in the last paragraph, that he 13 This is a document authored by Detective Sowers, okay,
14 appeared healthy and well. He was able to stand, walk 14 which is contrary to your statement that Lois cared,
15 around, and tell us about his past wife. His bathrooms, 15 loved, and supported her father as a daughter to a
16 bedroom closet and living room were neat and clean with 16 father.
17 no foul odors. His kitchen was also neat and clean with 17 MR. POLLOCK: I'm going to object to that
18 food in the cupboards, refrigerator and freezer. Was 18 statement because you didn't ask my client a
19 very coherent of why we were here. Understood our 19 question. You just made a statement. Statements
20 questions and answered them appropriately. 20 are improper and impermissible in depositions. So
21 Q. Above that -- 21 therefore, to the extent that you submitted a
22 A. Not present to be interviewed. This case will 22 statement, I'm going to object as nonresponsive and
23 be active until investigation is completed. 23 not a question. Go ahead.
24 Q. Above that it says Lois will not let her -- 24 BY MR. MARSHALL:
25 let Allan Haymes receive phone calls. That section is 25 Q. Why -- why would the authorities claim one
90 92
1 contrary, which shows a sign of dementia because he 1 thing and you claim something different?
2 wasn't able to -- 2 MR. POLLOCK: Object to the form. It
3 MR. POLLOCK: Go ahead. I'm going to put my 3 mischaracterizes the testimony and the exhibits.
4 objection on when you're done. 4 THE WITNESS: You want to repeat your
5 BY MR. MARSHALL: 5 question, please?
6 Q. Okay. If you say a statement to anybody and 6 BY MR. MARSHALL:
7 you say it's contrary in the same -- in the same -- at 7 Q. Why would Detective Sowers claim one statement
8 the same time, that shows a sign of dementia and unable 8 and you as an attorney claim a different statement?
9 to understand a comprehensive situation. What does, 9 A. Well, what dates are you referring to? This
10 Lois will not let Allan Haymes receive phone calls, that 10 is from 2007. I didn't meet Mr. Haymes until 2009.
11 section is what I want you to read and I'll tell you 11 Q. Right, but if there's a problem back then, a
12 when I want you to stop. 12 problem is bound to happen again. If there's a problem
13 MR. POLLOCK: Mr. Donoff -- I mean, I'm sorry, 13 before, you see a problem in the future.
14 strike that. 14 MR. POLLOCK: Object to the form.
15 Mr. Marshall, you're asking Mr. Donoff to read 15 BY MR. MARSHALL:
16 a report. Have you identified who authored this 16 Q. So you were not involved --
17 report and who made the statement to the presiding 17 MR. POLLOCK: I'm going to ask you, I'm going
18 sheriff? 18 to respectfully ask you to stop making statements.
19 MR. MARSHALL: This report was authored by the 19 Ask my client a question.
20 Palm Beach County Sheriff's Office. What section 20 MR. MARSHALL: Okay.
21 is it? What section is it? 21 MR. POLLOCK: So you're sitting here
22 THE WITNESS: Section 20. 22 repeatedly today making statements. This is an
23 MR. POLLOCK: Section 20. 23 improper venue or form to do so. You'll have your
24 MR. MARSHALL: It was authored by Detective 24 chance to argue in court. This is not the place.
25 Sowers as a -- 25 MR. MARSHALL: Okay.
23 (Pages 89 to 92)
561-835-0220 4077
93 95
2 Q. Okay. Exhibit 2, section 27, page 207. And 2 Q. Did Lois seem upset about Zylo Marshall?
3 this question may have been asked and answered, but I'm 3 MR. POLLOCK: Object to the form. What time
4 going to ask it again in a different way. 4 frame are you talking about?
5 IV -- IV -- 5 BY MR. MARSHALL:
6 MR. POLLOCK: Roman numeral IV. 6 Q. From January 2009 until Allan Haymes' death,
7 BY MR. MARSHALL: 7 did Lois Haymes advise you or upset -- was she upset
8 Q. Roman numeral IV is the trust. What does it 8 with Zylo Marshall and his actions?
9 say? 9 MR. POLLOCK: Object to the form.
10 A. It doesn't say anything. 10 THE WITNESS: You'd have to be more specific
11 Q. It says, the settler has made -- 11 because I don't really understand it. I had
12 A. Oh. Settler has made no provision for his 12 mentioned to you once before that I believe Lois
13 grandson, Zylo, for reasons best known to the settler. 13 didn't look at the document until after her
14 Q. Okay. Please explain to me the circumstances 14 father's death, so she didn't even know who were
15 surrounding the preparation of this clause. 15 the beneficiaries, let alone you. So if you could
16 MR. POLLOCK: Object to the form. Asked and 16 be more specific, I could answer your question.
17 answered, but you can answer it again. 17 BY MR. MARSHALL:
18 THE WITNESS: Your grandfather, because of all 18 Q. Between six -- six months prior to Allan
19 the problems that you have caused him, felt that he 19 Haymes' death, did Lois Haymes mention to you anything
20 did not want to provide for you because he didn't 20 about Zylo Marshall, good, bad or otherwise?
21 want you to be able to contest the will, and he 21 A. I don't remember any reference to you six
22 gave you plenty of money during your lifetime to 22 months before your grandfather's death.
23 help you with your life, and he felt that he did 23 Q. Was there any reference at all between January
24 not want to provide for you now. So we 24 2009 until his death by Lois Haymes?
25 specifically disinherited you and put a clause in 25 A. Not to me.
94 96
1 there to show his intent; that if anybody tried to 1 Q. Were there any mention, besides being
2 contest this, they would be disinherited and you 2 disinherited by Allan Haymes, did Allan Haymes mention
3 were disinherited by your grandfather. 3 Zylo Marshall between January 2009 until his death?
4 BY MR. MARSHALL: 4 A. Just what I already testified to.
5 Q. Isn't that a clause that has been disputed 5 Q. Okay. So he never mentioned any name,
6 over many years with different lawsuits? 6 anything about Zylo Marshall, other than being
7 MR. POLLOCK: Object to the form. 7 disinherited?
8 THE WITNESS: It's a legal clause called an in 8 A. That's correct.
9 terrorem clause, in terrorem clause, which shows 9 Q. Okay. So what is the reasoning behind
10 the intent of the decedent not wanting to provide 10 allowing a statement to be put in a trust when you knew
11 for a beneficiary. 11 well this was a clause enforced by Lois Haymes?
13 Q. So reasons best known to me is not a statement 13 BY MR. MARSHALL:
14 that's validated, which means anybody can influence 14 Q. And clause -- what does clause 5 say under --
15 somebody to say that. So my question for you is, do you 15 it says regardless of whether or not such proceeds -- or
16 think that statement was validated? Do you think that 16 proceedings are instituted in good faith and with
17 statement was proper in a trust document when it didn't 17 probable cause. Okay. That statement clarifies that
18 have any reasoning behind disinheriting Zylo Marshall? 18 if -- whether or not this was an ethical or unethical
19 MR. POLLOCK: Object to the form. 19 way to handle money, do you think this clause was a
20 THE WITNESS: My opinion, it clearly 20 proper clause to put into a trust?
21 disinherited you. Your grandfather told me the 21 MR. POLLOCK: Object to the form. Compound
22 reasons why he did not want to put you into the 22 question. Go ahead and answer it if you can.
23 document. And he didn't want Lois to be upset when 23 THE WITNESS: Yes. I put it in all documents
24 something happened to him and have you sue, so he 24 and have since I've practiced beginning in 1974.
25 left you out. 25 When a beneficiary is disinherited, we put it in
24 (Pages 93 to 96)
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97 99
1 there to show the intent of the decedent. And he 1 are instituted in good faith, it's whether or not, which
2 clearly did not want you to receive any benefits 2 can go both ways. Whether or not the proceeds are
3 from his estate and he did not want you to cause 3 instituted in good faith. It doesn't say anything. It
4 any problems, which unfortunately you have caused. 4 says it can go bad faith or good faith. Understand? Is
5 You started a lawsuit which he did not want to 5 that a correct -- is that a correct analogy? Do you
6 happen. 6 understand? Is that a correct statement? Do you
7 BY MR. MARSHALL: 7 understand that statement as it regards to negative and
8 Q. So whether or not it was instituted in good 8 positive?
9 faith, which means if it's instituted in bad faith, that 9 THE WITNESS: I'm sorry.
10 clarifies that it's not just good faith. It 10 MR. POLLOCK: Objection.
11 specifically says if it's instituted in good faith, 11 THE WITNESS: I still don't understand your
12 okay, which allows bad faith. What do you mean by 12 question. I don't know where you're going.
13 instituting good faith? Does that allow you to go 13 BY MR. MARSHALL:
14 either way? 14 Q. Page 16, trust document --
15 MR. POLLOCK: Object to the form. I think 15 (Off-the-record discussion held.)
16 it's confusing, vague and compound and I would ask 16 (Pause in proceedings 12:58 p.m. - 1:56 p.m.)
17 you to please rephrase it. I don't understand the 17 MR. MARSHALL: All right. Back on the record.
18 question. 18 BY MR. MARSHALL:
19 THE WITNESS: I don't understand it either. 19 Q. We're going to go to Exhibit 2, section 37,
20 BY MR. MARSHALL: 20 page 5.
21 Q. Okay. What does, regardless of whether or not 21 A. Page 5, 37? Page 35?
22 such proceeds (sic) are instituted in good faith and 22 Q. Page 5.
23 with probable cause, what does that mean to you? 23 MR. POLLOCK: When you say page 5, you're
24 A. That if anybody tries to contest the will of 24 referring to the number on the bottom right-hand
25 the decedent, they're to receive no benefits. 25 corner, correct?
98 100
1 Q. Okay. So that also classifies if it's 1 MR. MARSHALL: Yes.
2 instituted in bad faith, correct? 2 MR. POLLOCK: Because there's a number on the
3 A. Correct. 3 top right-hand corner as well.
4 Q. Okay. So it can be instituted in bad faith as 4 MR. MARSHALL: Yeah, I know. That's fine.
5 well as good faith, correct? 5 Bottom right-hand corner, yes.
6 A. I don't understand your question. 6 BY MR. MARSHALL:
7 MR. POLLOCK: Objection. 7 Q. Okay. You see the highlighted area? What
8 BY MR. MARSHALL: 8 does that say?
9 Q. You just testified that it can validate bad 9 A. Elca Associates Partnership.
10 faith. 10 Q. Okay. Okay. Okay. Now -- okay. If we go
11 A. I didn't say that. 11 to -- if we go to Exhibit 2, section 15.
12 MR. MARSHALL: Can you please read after I 12 MR. POLLOCK: I'm sorry, what section do you
13 asked the question? 13 want us to go to?
14 (The question/answer was read back by the 14 MR. MARSHALL: Section 15.
15 Reporter.) 15 MR. POLLOCK: Section 15?
16 BY MR. MARSHALL: 16 MR. MARSHALL: Um-hmm, page 1 and 2.
17 Q. You just said correct, saying that it can be 17 BY MR. MARSHALL:
18 classified as bad faith. Which is correct, correct? 18 Q. And what is this of?
19 A. I don't understand your question. I'm sorry. 19 MR. POLLOCK: Object to the form.
20 Q. Okay. If this was instituted in bad faith, 20 BY MR. MARSHALL:
21 that would also -- 21 Q. Okay. What is this document of?
22 MR. POLLOCK: If what is instituted in bad 22 A. Are you asking me a question?
23 faith? 23 Q. Yes.
24 BY MR. MARSHALL: 24 A. It looks like it's something from the New York
25 Q. Okay. Regardless of whether or not proceeds 25 Department of Corporations saying that no business
25 (Pages 97 to 100)
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101 103
1 entities were found for Elca Associates. 1 under company profile, what does it say? Line of
2 Q. Okay. And what does No. 2 say, next number, 2 business, what is it a line of business of?
3 page -- 3 MR. POLLOCK: Object to the form.
4 A. Nothing for Elca Associates Partnership. 4 THE WITNESS: Religious organizations.
5 Q. Right. So the question for you is, why did 5 BY MR. MARSHALL:
6 you receive an e-mail regarding Elca Associates from 6 Q. Okay, okay, okay. And this was incorporated
7 Ellen Cohen if it's not an active partnership? 7 three months before Allan Haymes' death. Okay. And I'm
8 MR. POLLOCK: Object to the form. 8 not saying it was done by Lois, but I'm saying this was
9 Mischaracterizes his prior testimony. 9 incorporated three months before Allan Haymes' death,
10 BY MR. MARSHALL: 10 okay?
11 Q. Okay. Did it seem -- does it seem odd to you 11 MR. POLLOCK: Mr. Marshall, can I make a
12 now that this is not an active partnership? This is not 12 suggestion?
13 a known partnership? This is not a real partnership? 13 MR. MARSHALL: Sure.
14 MR. POLLOCK: Object to the form. Compound 14 MR. POLLOCK: Can you ask my client does he
15 question. 15 have any personal knowledge or involvement? You
16 THE WITNESS: No, because this is -- you're 16 keep on asking him about documents that you're
17 looking at something from 2012 and that letter was 17 producing out of nowhere --
18 from 2009. 18 MR. MARSHALL: Sure.
19 BY MR. MARSHALL: 19 MR. POLLOCK: -- and asking him to read it.
20 Q. Right. 2010, right after Allan Haymes died. 20 MR. MARSHALL: Right.
21 Okay. Okay. Now, if we go to Exhibit 2, section 21 MR. POLLOCK: You're not establishing that he
22 H -- wait a second. Hold on. 22 knows about it, he did anything.
23 Let's go back to -- we're going to go back to Elca 23 MR. MARSHALL: Okay, okay.
24 and then we're going to go back to Aces. So let's just 24 BY MR. MARSHALL:
25 go to -- hold on. 25 Q. Do you know -- it's going to go to Exhibit 2,
102 104
1 Okay. We're now going to go to Exhibit 2, section 1 section 10. This document in front of you, State of
2 9, page 1. Are you on the page? 2 California, limited liability company, have you seen
3 A. Yes. 3 this document before?
4 Q. Okay. So what is this a document of? 4 MR. POLLOCK: And now you're moving to section
5 MR. POLLOCK: Objection to form. 5 10?
6 BY MR. MARSHALL: 6 MR. MARSHALL: Yes.
7 Q. What's this document from? 7 THE WITNESS: No, I've never seen it.
8 MR. POLLOCK: Object to the form. 8 BY MR. MARSHALL:
9 THE WITNESS: I don't know. 9 Q. You've never seen this document before?
10 BY MR. MARSHALL: 10 A. No.
11 Q. What does it say on top? 11 Q. Okay. And what is this document of?
12 A. It says credit evaluator report. 12 MR. POLLOCK: Object to the form. He's never
13 Q. And does it seem like it's from Dunn & 13 seen it before.
14 Bradstreet? 14 MR. MARSHALL: Okay. But it -- okay.
15 MR. POLLOCK: Object to the form. Could you 15 BY MR. MARSHALL:
16 establish that Mr. Donoff has obtained this 16 Q. So you've never seen Elca Associates, LLC,
17 document or produced it? Can you ask him that 17 you've only seen Elca Associates Partnership?
18 first before you start asking him questions about a 18 MR. POLLOCK: Object to the form. Ask him the
19 document you put in front of him? 19 question, please.
21 Q. Do you have that document in front of you? 21 Q. Okay. Now we're going to go to Exhibit 2,
22 A. Yes. 22 section I. And this is a foreign limited liability
23 Q. So it's -- what's the name of the LLC? 23 company, articles, application for registration. Now,
24 A. It says Elca Associates, LLC. 24 this document, what is this document, the highlighted
25 Q. Okay. And with that said, the bottom part, 25 area?
26 (Pages 101 to 104)
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1 MR. POLLOCK: Object to the form of the 1 A. No, never seen it.
2 question, on any questions on this document until 2 Q. Okay. You didn't see it prior to this
3 you can establish authenticity or establish that my 3 deposition?
4 client knows about it. 4 A. No.
5 BY MR. MARSHALL: 5 Q. Okay. So now I want to go to the previous
6 Q. Does this document have Allan Haymes' name on 6 page, page 23, and this is a document Commonwealth of
7 it? 7 Pennsylvania, Department of State Corporations Vero
8 A. Yes. 8 (sic). It's regarding Aces Associates; is that correct?
9 Q. Okay. So his name is on this document, 9 Second section down, Aces Associates, under copy
10 correct? 10 fee B copy image order --
11 A. Yes. 11 A. What does that mean?
12 Q. Okay. And this is an association with Aces 12 Q. Oh, I'm sorry. Re. Copy image order re Aces
13 Associates? 13 Associates, correct?
14 A. That's what it says, from 1988. 14 A. No. I don't understand what you're saying.
15 Q. Right. So that was incorporated, application 15 I've never seen this document before.
16 in 1988. 16 Q. Does it say Aces Associates on this document?
17 Okay. Now, we're going to go to Exhibit 2, section 17 A. Yes.
18 5. And this is a Department of Licensing Regulatory 18 Q. Okay. And it shows, the next page over, shows
19 Affairs. And what is the date of the cancellation? 19 properties being sold. First one --
20 A. 5/9, 2012. 20 MR. POLLOCK: Are you referring now to page --
21 Q. And what is this a cancellation of? 21 beginning with No. 24 on the top right-hand
22 MR. POLLOCK: Object to the form. 22 corner --
23 THE WITNESS: Aces Associates Limited 23 MR. MARSHALL: Yes.
24 Partnership. 24 MR. POLLOCK: -- of Exhibit 2, section K?
25 BY MR. MARSHALL: 25 MR. MARSHALL: Yes.
106 108
1 Q. Okay. So it was a cancellation of Aces 1 BY MR. MARSHALL:
2 Associates Limited Partnership. 2 Q. The first property was -- the last property
3 So now we're going to go to Exhibit 2, section K, 3 was sold 4/28, 2008. Okay.
4 page 24. Okay. These are the -- who are the business 4 MR. POLLOCK: I'm going to object to any line
5 contacts on this page? 5 of questioning with respect to this document. I
6 MR. POLLOCK: I'm sorry, what is this 6 would object based upon numerous grounds,
7 document? 7 including, but not limited to, authenticity. I
8 MR. MARSHALL: This is a document of Aces 8 don't know where you got this document. This has
9 Associates, association with properties being sold 9 not been --
10 at 210 Central Park South. 10 MR. MARSHALL: This document I received
11 MR. POLLOCK: Is there a time frame? 11 through my private investigation assets. Okay. I
12 MR. MARSHALL: Okay. From 2005 to 2008. 12 received it from that source. And with that
13 MR. POLLOCK: 2005 to 2008? 13 source, I was able to find information out through
14 MR. MARSHALL: Yes. 14 the clerk and controller's office of New York.
15 MR. POLLOCK: And you're suggesting these are 15 MR. POLLOCK: Okay. My client has already
16 properties that were sold by Aces Associates? 16 testified he has no knowledge of this.
17 MR. MARSHALL: Yes. 17 BY MR. MARSHALL:
18 MR. POLLOCK: During that time frame? 18 Q. So Lois Haymes never produced any
19 MR. MARSHALL: Yes. Yes, yes, yes. 19 documentation associated with this?
20 BY MR. MARSHALL: 20 MR. POLLOCK: Object to the form. Associated
21 Q. So what are the names -- 21 with what?
22 MR. POLLOCK: You want to ask my client first 22 MR. MARSHALL: With Aces Associates.
23 if he's seen this document before? 23 BY MR. MARSHALL:
24 BY MR. MARSHALL: 24 Q. You have no information associated with Aces
25 Q. Have you seen this document before? 25 Associates that Lois Haymes received?
27 (Pages 105 to 108)
561-835-0220 4081
109 111
1 A. Not that I'm aware of. Not to me, but it 1 A. I wouldn't know that. I'm just looking at
2 could have been to Sherry or Andrew when they were 2 something, so I would never be able to match them up.
3 gathering the assets of the estate. 3 Q. Now -- so you have no idea why this would be?
4 Q. Aren't you supposed to have a file in your 4 A. No, I have no idea.
5 possession to know what's going on as power of 5 Q. Okay. Section -- Exhibit 2, section 13, page
6 attorney -- I'm sorry -- as co-trustee? I mean, Sherry 6 634 has signatures of all the partners associated with
7 Cohen isn't the co-trustee, you are. So you should -- 7 Aces Associates. Okay. For some reason this document
8 MR. POLLOCK: Object to the form. 8 was not produced during discovery. And you have no idea
9 Argumentative. You can ask the question, but I 9 about this document? You have never seen this document
10 believe you're being argumentative. 10 before --
12 Q. So you should be knowing about everything 12 BY MR. MARSHALL:
13 about that file if you are the co-trustee; is that 13 Q. -- is that correct?
14 correct? 14 A. I've never seen this document.
15 A. No, no. 15 Q. Okay. So that document was not produced to
16 Q. Then what -- so this is the first time you've 16 you by Lois Haymes?
17 ever seen these properties and information being sold at 17 A. No.
18 the clerk and controller's office? This is the first 18 MR. POLLOCK: And can you identify the
19 time you saw these documents, correct? 19 document, please, that you just spoke about?
20 MR. POLLOCK: Object to the form. Asked and 20 MR. MARSHALL: This document is part of a
21 answered. 21 limited liability -- I'm sorry. A limited
22 BY MR. MARSHALL: 22 partnership through the Department of Finance. Let
23 Q. Okay. So now we're going to go to Exhibit 2, 23 me -- let me -- I'm --
24 section 12, page 1. Okay. New York says there is no 24 MR. POLLOCK: Mr. Marshall, you're asking my
25 such entity as Elca Associates Partnership. Okay. So 25 client questions on documents that he's never seen
110 112
1 this section here, highlighted area, Elca Associates -- 1 before.
2 MR. POLLOCK: Can you identify the document 2 MR. MARSHALL: Right.
3 before you ask questions on it? 3 MR. POLLOCK: You somehow got your hands on
4 MR. MARSHALL: This is a 2009 tax return for 4 them.
5 Allan Haymes, Lois as power of attorney. 5 MR. MARSHALL: Right.
6 BY MR. MARSHALL: 6 MR. POLLOCK: And I want you to make sure you
7 Q. Okay. And under income for partnership, an S 7 identify each document before you ask him a
8 corporation, No. B, Elca Associates Partnership. Okay? 8 question so it's clear.
9 Next -- and it shows an FEIN number. 9 MR. MARSHALL: I respect that.
10 Okay. Next page over, No. 2, shows no entity. 10 BY MR. MARSHALL:
11 What does No. 2 say? 11 Q. Okay. We're going to go to section 2 --
12 MR. POLLOCK: Object to the form. 12 MR. POLLOCK: Well, can you start by
13 THE WITNESS: It says, we're sorry, there was 13 identifying the document you just asked Mr. Donoff
14 no results found for corporations whose federal 14 about --
15 identification number is in the United States. 15 MR. MARSHALL: Right. I have a --
16 BY MR. MARSHALL: 16 MR. POLLOCK: -- Exhibit 2, tab 13?
17 Q. Doesn't it seem odd to you that that 17 MR. MARSHALL: I have the complete document
18 identification number does not match with the name Elca 18 under section I, page 630, 631, 632, 633 and 634,
19 Associates Partnership? 19 which is a signed document. It is a foreign -- an
20 MR. POLLOCK: Object to the form. 20 application for registration foreign limited
21 BY MR. MARSHALL: 21 partnership. Okay. That's what this document is,
22 Q. Does that seem odd to you? 22 which was incorporated in 1988. And the last
23 A. No. How do I know that you didn't type this 23 page --
24 up? I don't know that. 24 MR. POLLOCK: You're on section I?
25 Q. Okay. 25 MR. MARSHALL: Yes.
28 (Pages 109 to 112)
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113 115
1 BY MR. MARSHALL: 1 knowing what's going on with Allan Haymes' assets and
2 Q. Okay. 634 is documents with Allan Haymes' 2 all his -- all his assets, correct?
3 signature on it. And you have no knowledge of this 3 MR. POLLOCK: Object. Object to the form.
4 document, correct? You have no knowledge of this 4 BY MR. MARSHALL:
5 application formed as a partnership, correct? 5 Q. Correct?
6 MR. POLLOCK: Object to the form. 6 A. No.
7 THE WITNESS: This is from 1988, so I wouldn't 7 Q. If you weren't co-trustee, you are responsible
8 have any knowledge of it because I didn't start 8 in knowing what's going on with Allan Haymes and his
9 representing him until 2009. 9 assets, correct?
11 Q. Right. But 2012 was the certificate of 11 BY MR. MARSHALL:
12 cancellation for Aces Associates. So the chances of 12 Q. So you being co-trustee is not relevant?
13 having another company named Aces Associates as the one 13 Right or incorrect?
14 in '88 is very rare that someone would close a 14 MR. POLLOCK: Object to the form.
15 corporation and reopen it again with a new name. 15 THE WITNESS: It's incorrect. I know of most
16 MR. POLLOCK: Object to the form. 16 of the assets. There's two partnerships, that's
17 BY MR. MARSHALL: 17 all he had, or interest in corporations and he had
18 Q. Correct? 18 a brokerage account.
19 MR. POLLOCK: I don't believe there's a 19 BY MR. MARSHALL:
20 question there. 20 Q. And what two partnerships were they?
21 THE WITNESS: Without knowledge. 21 A. The one in New York and one in Pennsylvania,
22 BY MR. MARSHALL: 22 are the only two I know about.
23 Q. Without knowledge. Okay. 23 Q. What's the name of those corporations?
24 And now, section -- Exhibit 2, section J, 4 of 4, 24 A. Couldn't tell you without looking at my notes,
25 shows -- section J, 4 of 4 shows a 100 -- in 2010, 25 but I know there's two corporations. I don't remember
114 116
1 $130,000. This document shows there was $130,000 in 1 names unless you would refresh my memory.
2 sale of something in 2010. 2 Q. Would Elca Associates, LLC in Pennsylvania be
3 MR. POLLOCK: For what entity? 3 one of the corporations?
4 MR. MARSHALL: Aces Associates Limited 4 A. Could be.
5 Partnership. 5 Q. Elca Associates, LLC?
6 MR. POLLOCK: That's fine. Just identify it, 6 A. Yeah, or partnership.
7 please, for the record. 7 Q. Okay. Okay. But those are the only two
8 BY MR. MARSHALL: 8 corporations you know of?
9 Q. Okay. And this comes from a comprehensive 9 A. Yes, that I have knowledge of, that were
10 business report that I received through Frank Roman, who 10 reported on his tax return.
11 is a private investigator who provided this document for 11 Q. Okay. Okay. And you're not aware of anything
12 me. 12 different. How many years of tax returns do you have of
13 Okay. And it shows here, for your knowledge, that 13 Allan Haymes?
14 the address -- or the 2010 year, $130,000, and the sale 14 MR. POLLOCK: Object to the form.
15 revision was 5/18, 2012, and Allan Haymes was security 15 THE WITNESS: I'm sure we have 2008 onward.
16 broker and dealer. Okay. Again, these documents were 16 BY MR. MARSHALL:
17 not produced, so this is what I have. 17 Q. So as far back as 2008 is when you became --
18 MR. POLLOCK: They were not produced. You 18 you know about tax returns as far back as 2008, correct?
19 ordered it. 19 A. No.
20 MR. MARSHALL: I ordered this information, but 20 Q. You don't have tax returns from Allan in 2006
21 Craig Donoff and Lois Haymes should have this 21 or '5 or '4? All you have is 2008 forward, correct?
22 information produced to the court, that they did 22 A. Yes. I believe that's the correct answer.
23 not produce to the court. That's my point. 23 Q. Okay, okay, okay. And I think that's about
24 BY MR. MARSHALL: 24 it. Let me do a few more things here and see what's
25 Q. Okay. And you, as being co-trustee, should be 25 going on and give me --
29 (Pages 113 to 116)
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1 MR. POLLOCK: Take a moment. 1 MR. MARSHALL: Yeah, the document, page 1,
2 BY MR. MARSHALL: 2 section 35, Exhibit 2.
3 Q. Are you aware of Allan Haymes being -- are you 3 MR. POLLOCK: Okay. But what is it? Identify
4 aware of Allan Haymes' name being changed from A-L-L-A-N 4 it for the record, please.
5 Haymes to A-L-L-E-N Haymes? 5 MR. MARSHALL: This is an e-mail sent to Zylo
6 A. No. 6 Marshall from Brandon Pratt regarding what Zylo
7 Q. So the 2008 trust documents did not give you 7 would receive over the years. Okay. This shows
8 any indication that the names were different from the 8 what Zylo would receive over the years.
9 typed name with his signature name? 9 And Zylo Marshall received the 2006 trust
10 A. No. 10 document, 2007 trust document, 2008 trust document,
11 Q. So you saw the 2008 trust documents, but you 11 2009 trust document. Zylo does not have possession
12 did not see the name difference? 12 of 2003 trust document. Okay. Remember, the date
13 A. That's correct. 13 May 20 --
14 Q. And why were -- why was there an affidavit of 14 MR. POLLOCK: Just to be clear, Mr. Marshall,
15 physician in May 2009? 15 you're producing an e-mail that was between
16 A. Why? 16 yourself and your former attorney, Brandon Pratt,
17 Q. Yes. 17 correct?
18 A. Because by then, Mr. Haymes was regressing in 18 MR. MARSHALL: Yes.
19 his health and we needed to get an affidavit to allow 19 MR. POLLOCK: So therefore, to the extent you
20 Lois and myself to take over control of the trust and to 20 have any privileged communications with Mr. Pratt
21 make sure that Mr. Haymes was not unduly influenced. 21 regarding this document, you're waiving that
22 There was a lot of visitors to the retirement home and 22 privilege, correct?
23 we were concerned that somebody might unduly influence 23 MR. MARSHALL: Say it again?
24 him to change the documents. So we asked the two 24 MR. POLLOCK: Read it back.
25 doctors to examine Mr. Haymes and they determined that 25 (The statement is read back by the Reporter.)
118 120
1 he was incompetent. The trust became irrevocable and 1 MR. MARSHALL: I don't understand the
2 Lois and I took over and paid all his bills and managed 2 question.
3 the money. 3 MR. POLLOCK: I can't give you any legal
4 Q. Is there a reason why the 2003 trust and will 4 advice, sir.
5 document was not produced? 5 BY MR. MARSHALL:
6 MR. POLLOCK: I just want to state for the 6 Q. All right. So the date, May 20, 2003. Okay.
7 record the trust that you're referring to, we made 7 The will of Carol Haymes, which is the next document,
8 a production to you of all the documents. We don't 8 has a date of May 20, 2003.
9 have that document. 9 MR. POLLOCK: Now, that's not Allan's, that's
10 MR. MARSHALL: You do not have a 2003 trust 10 Carol Haymes.
11 document? 11 MR. MARSHALL: Carol Haymes.
12 MR. POLLOCK: I don't believe so, the one that 12 BY MR. MARSHALL:
13 you're referring to. But, you know, you can ask 13 Q. It's got to do with the time frame of why the
14 Craig, ask him as well. 14 2003 trust document was not produced. But I have
15 BY MR. MARSHALL: 15 possession of Carol Haymes' 2003 will, which means there
16 Q. As you can see here, the next page, the 16 are documents not produced. Why would Carol Haymes have
17 next -- okay. The first page, page 1 of section 35, No. 17 a will in 2003 and Allan Haymes would not have a will
18 5, it says May 20, 2003, Zylo was to receive $12,000. 18 and trust in 2003?
19 Do you see that section where that says that? 19 A. (No response.)
20 A. No. Where is it? 20 Q. All right. Okay. So page 1-I of section 35
21 Q. Page 1 of section 35. 21 of Exhibit 2, you may not -- do you have that? Yeah,
22 MR. POLLOCK: Exhibit 2? 22 you have that, hopefully.
23 MR. MARSHALL: Exhibit 2. 23 A. I have her will.
24 MR. POLLOCK: Can you identify this document, 24 Q. Yeah. Okay.
25 please, for the record? 25 A. What do you -- what are you asking?
30 (Pages 117 to 120)
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1 Q. Okay. The date is May 20, 2003 and the date 1 BY MR. MARSHALL:
2 of an e-mail sent to me of a value is May 20, 2003. I 2 Q. What does that highlighted area say?
3 don't have Allan Haymes' May 20, 2003 trust and will. I 3 A. Do not disappoint me.
4 want to find out why that's not in my possession when I 4 Q. That's a statement that comes from Allan
5 was to receive documents under the court order? 5 Haymes to his daughter, Lois Haymes. Okay.
6 A. I couldn't answer that question because I'm 6 MR. POLLOCK: Object to the form.
7 not handling the litigation. So I don't know. You'd 7 BY MR. MARSHALL:
8 have to ask Mr. Pollock. 8 Q. The prior document asked me to make strong
9 Q. I was told by Mr. Pollock that all documents 9 ties with Lois. Lois -- Zylo Marshall made a concerted
10 have been produced, however I don't have possession of 10 effort to do that, and over the years I was barred from
11 all documents that Mr. Pollock claims I have possession 11 having contact with my grandfather and --
12 of. So in your opinion, do you think all documents have 12 MR. POLLOCK: Is there a question in there?
13 not been produced by Lois Haymes? 13 MR. MARSHALL: No.
14 MR. POLLOCK: Object to the form. If you 14 BY MR. MARSHALL:
15 want, I can clarify it for you or try to if you'll 15 Q. We're going to do one last thing here. Okay.
16 allow me. 16 Page -- section -- I'm sorry.
17 MR. MARSHALL: Sure. 17 Exhibit 2, section 47 are pictures of Zylo Marshall
18 MR. POLLOCK: I believe that the documents 18 and Lois Haymes, correct?
19 that have been produced to you for Allan Haymes 19 MR. POLLOCK: Object to the form.
20 were all of the trusts and wills respectively that 20 THE WITNESS: Well, the pictures are very
21 we have in our possession. If you don't have 21 dark, the one on the bottom especially. I can only
22 something, it's because we don't have it in our 22 identify Lois in the second picture.
23 possession. I'm not telling you it never existed. 23 BY MR. MARSHALL:
24 We don't have it to give to you. We gave you 24 Q. But that's a picture of Lois Haymes and Zylo
25 everything we had. We're not holding it back. 25 Marshall, correct?
122 124
1 MR. MARSHALL: Okay. 1 MR. POLLOCK: What's the date of the pictures,
2 BY MR. MARSHALL: 2 Mr. Marshall?
3 Q. All right. Let me see. This may be it. Let 3 MR. MARSHALL: There is no date. It goes
4 me do one more -- okay. I want to do one more thing 4 back -- the middle picture is the '90s. I don't
5 here. 5 have a date.
6 Okay. It's going to be Exhibit 2, section 40. 6 BY MR. MARSHALL:
7 It's an e-mail from Allan Haymes to Zylo Marshall and -- 7 Q. Okay. And then the second page shows a loving
8 MR. POLLOCK: What's the date of the e-mail, 8 relationship. It shows affection between Zylo Marshall
9 sir? 9 and Lois Haymes.
10 MR. MARSHALL: E-mail in February 4, 2005. 10 MR. POLLOCK: Object to the form.
12 Q. This is after Carol Haymes passed away. What 12 Q. So it shows that there was a relationship
13 does the highlighted area say? 13 there; otherwise, these pictures would not be happening.
14 A. I ask you to make strong ties with aunt Lois 14 Do those look like an affectionate -- an affectionate
15 who is helping to keep my spirits up. 15 relationship?
16 Q. Okay. That is a statement that Allan Haymes 16 MR. POLLOCK: Object to the form.
17 himself asked Zylo Marshall to do. 17 THE WITNESS: I can't testify if it's
18 MR. POLLOCK: Objection to form. 18 affection or not. It's a picture.
19 BY MR. MARSHALL: 19 MR. MARSHALL: Right.
20 Q. Okay. And then the next page, which is page 20 THE WITNESS: The picture speaks for itself.
21 2, dated Saturday 1st -- January 1, 2005. There's a 21 BY MR. MARSHALL:
22 highlighted area there, what does that say? 22 Q. Right, but a picture that I'm hugging -- Zylo
23 MR. POLLOCK: What's the date of page 2, the 23 Marshall is hugging his grandfather, right?
24 e-mail? 24 MR. POLLOCK: Object to the form of the
25 MR. MARSHALL: The date is January 1, 2005. 25 question. Mischaracterization.
31 (Pages 121 to 124)
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125 127
1 BY MR. MARSHALL: 1 seven years. Okay. Had Zylo Marshall not been allowed
2 Q. Okay. We're going to go to the last -- we're 2 to see his grandfather, he would not be allowed to --
3 going to pass the one with Allan Haymes and Zylo 3 MR. POLLOCK: Is there a question in there,
4 Marshall and that family. 4 sir?
5 The second to last page is pictures of Lois Haymes, 5 BY MR. MARSHALL:
6 Zylo Marshall, and Rita Haymes, okay? You see the 6 Q. Does it look like a meaningful connection,
7 middle one there? Zylo Marshall is hugging his 7 relationship, correct?
8 grandmother, but there is no affection between Zylo 8 MR. POLLOCK: Object to the form. Asked and
9 Marshall and Lois Haymes. This has been going on for 9 answered.
10 years. There is no meaningful relationship. 10 BY MR. MARSHALL:
11 Does that seem like an affectionate relationship 11 Q. Okay. And then do one more thing here.
12 between Zylo Marshall and Lois Haymes? 12 MR. POLLOCK: You've been saying that for a
13 MR. POLLOCK: Object to the form. 13 half hour.
14 THE WITNESS: I can't tell from a picture what 14 BY MR. MARSHALL:
15 you just asked me, sir. 15 Q. Okay. It's going to be Exhibit 48 and it
16 BY MR. MARSHALL: 16 shows -- I'm sorry, I'm sorry. Tab 48. Tab 48. Okay.
17 Q. So it doesn't seem like there is no, with a 17 I know this is past way more than 15 years ago, but --
18 picture that I'm hugging my aunt as somebody I love? 18 MR. MARSHALL: I think that's it for the
19 This does not show -- the picture speaks for itself, 19 questions. I think that's it.
20 correct? 20 Oh, and let me do one more thing here, one
21 MR. POLLOCK: Object to the form. It's an 21 more thing. Okay. So -- okay. Here we have --
22 improper question, Mr. Marshall. 22 there is no -- we can make this like an Exhibit
23 BY MR. MARSHALL: 23 5 -- 4.
24 Q. Okay. And then the page after that, Zylo 24 (Plaintiff's Exhibit No. 4 marked for
25 Marshall went to go see his grandfather. The bottom 25 identification.)
126 128
1 page and the second to bottom page and the middle page 1 BY MR. MARSHALL:
2 shows Zylo Marshall who went to go see his grandfather 2 Q. The date -- let me look at the date. The date
3 in the retirement home, and had Zylo Marshall not been 3 is August 27, 1993. What does the bottom of -- what
4 allowed to come, this would not have happened. Does it 4 does the highlighted area say?
5 seem like Zylo Marshall was happy to see his 5 MR. POLLOCK: I'm sorry, what is this
6 grandfather? Does it seem like a meaningful 6 document?
7 relationship? 7 MR. MARSHALL: This is a letter to the court
8 MR. POLLOCK: Object to the form. I don't 8 regarding Zylo Marshall and his special needs, or
9 think the question is intelligible. Can you please 9 Brian Marshall and his special needs.
10 repeat the question or rephrase it? 10 THE WITNESS: What is your question?
12 Q. Does it look like Zylo Marshall and Allan 12 Q. What does the highlighted area say?
13 Haymes were enjoying themselves? 13 A. It says: I once again beg the court to
14 MR. POLLOCK: Object to the form. 14 confirm the above in protecting my grandson and his
15 THE WITNESS: Yes. 15 future.
16 BY MR. MARSHALL: 16 Q. Yes. If Allan Haymes didn't protect his
17 Q. Okay. So it was a meaningful relationship? 17 grand -- didn't love his grandson, would he have written
18 MR. POLLOCK: Object to the form. 18 that statement?
19 THE WITNESS: It's a picture that shows your 19 MR. POLLOCK: Object to the form.
20 arm around your grandfather. 20 THE WITNESS: I don't know the answer to that
21 MR. MARSHALL: Correct, correct. 21 question. I don't think I can answer that.
22 THE WITNESS: That's all it shows. 22 BY MR. MARSHALL:
23 BY MR. MARSHALL: 23 Q. Well, the letter speaks for itself that he
24 Q. And this is back in 2007, when Zylo Marshall 24 cared about his son's future.
25 went to go see his grandfather for the first time in 25 A. Grandson.
32 (Pages 125 to 128)
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1 Q. Grandson's future. Zylo Marshall had special 1 equal, okay? So I want to go through it
2 needs and was disinherited from the estate. 2 individually and make sure that we have every
3 MR. POLLOCK: Mr. Marshall, you're showing my 3 section the same and I know if there's something
4 client a document dated 1993. 4 the judge doesn't have.
5 MR. MARSHALL: I know that. 5 MR. POLLOCK: Okay. Off the record for a
6 BY MR. MARSHALL: 6 second.
7 Q. But as far back as '93, pictures in 2007, 7 (Off-the-record discussion held.)
8 letters in 2001, letters in '96, all those facts show 8 (Pause in proceedings 2:38 p.m. - 2:48 p.m.)
9 Zylo had -- there is a fuck you letter that Zylo 9 MR. POLLOCK: Okay. At this time I don't have
10 Marshall wrote to his grandfather in '98, but that's the 10 any questions for Mr. Donoff. Mr. Donoff will read
11 extent of Zylo's immature behavior. Zylo Marshall had 11 his transcript. Are you going to order a copy of
12 issues as a child and Zylo Marshall is trying to make it 12 the transcript?
13 out there. And if Allan Haymes didn't love his 13 MR. MARSHALL: I is.
14 grandson, do you think he would have written this 14 MR. POLLOCK: Then I will take a copy.
15 statement as far back as '93? 15 (Off-the-record discussion held.)
16 MR. POLLOCK: Object to the form. 16 MR. MARSHALL: Exhibits --
17 THE WITNESS: I can't tell you if you loved 17 MR. POLLOCK: Mr. Marshall, do you agree that
18 him or not. From that, I can't tell you if he 18 as the person taking the deposition today, Exhibits
19 loved you. He was concerned about you. You were 19 1-4 of Mr. Donoff's deposition will be held in your
20 his grandson. But I hoped he loved you. I mean, 20 possession, custody and control?
21 most grandfathers love their grandsons, so I hoped 21 MR. MARSHALL: Yes.
22 he loved you. 22 MR. POLLOCK: Will you provide a copy of those
23 BY MR. MARSHALL: 23 documents to the court reporter so she will have it
24 Q. Zylo Marshall was a difficult person as a 24 for the deposition transcript?
25 younger kid. Zylo Marshall had many issues as a younger 25 MR. MARSHALL: I can do that. I'm waiting for
130 132
1 kid. Zylo Marshall had a brain injury. Zylo Marshall 1 a copy from documents you produced on the Zylo
2 had challenges. Zylo Marshall didn't do anything 2 Marshall deposition.
3 malicious, harsh, vindicative, threatening or mean to be 3 MR. POLLOCK: Okay. So do you agree, will you
4 disinherited from an estate. Zylo Marshall struggled 4 stipulate that upon receiving the deposition
5 and Zylo Marshall -- 5 exhibits of your deposition, you will make a copy
6 MR. POLLOCK: Mr. Marshall, you're giving a 6 and provide a copy of today's Exhibits 1 through 4
7 narrative. You're not asking any questions of my 7 to me from Mr. Donoff's deposition?
8 client. This is not -- this is not the time for 8 MR. MARSHALL: Yes. You already have a copy
9 you to give an opening statement. 9 of Exhibit 2.
10 BY MR. MARSHALL: 10 MR. POLLOCK: But I believe you said you added
11 Q. Do you think Zylo Marshall being disinherited 11 certain documents, therefore our Exhibit 2 is not
12 was a fair thing? 12 identical.
13 MR. POLLOCK: Object to the form. 13 MR. MARSHALL: Right. I want to go through
14 THE WITNESS: That's what your grandfather 14 that with you before I leave to make sure we've got
15 wanted. That's not my opinion. 15 the same copies for this.
16 BY MR. MARSHALL: 16 MR. POLLOCK: Okay.
17 Q. Do you think Zylo Marshall should have been 17 MR. MARSHALL: Okay. So we'll go through that
18 disinherited? 18 together before we depart.
19 A. Do I? I can't answer that. I don't have -- I 19 MR. POLLOCK: Actually, I don't know that I
20 don't have an opinion. 20 can do that today, but we can do it shortly.
21 MR. MARSHALL: That's all. 21 MR. MARSHALL: Okay. I mean, I want to be
22 MR. POLLOCK: I'm going to take a few minutes. 22 able to be with you and say, listen --
23 I might have a couple of questions. 23 MR. POLLOCK: That's fine. But I don't need
24 MR. MARSHALL: And we should go through the 24 to have my clients there while we do that.
25 binder together to make sure we have everything 25 MR. MARSHALL: Do you want me to go to your
33 (Pages 129 to 132)
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1 office, or how does that work? 1 CERTIFICATE OF REPORTER
2 MR. POLLOCK: We'll work something out. 2 STATE OF FLORIDA
3 MR. MARSHALL: Great. 3 COUNTY OF PALM BEACH
4 MR. POLLOCK: So we'll read it and just let us 4 I, Deborah H. Rodgers, CSR, FPR, Florida
5 Professional Reporter, certify that I was authorized to
5 know.
6 and did stenographically report the deposition of CRAIG
6 (The deposition concluded at 2:51 p.m.)
7 DONOFF, ESQ., pages 1 through 133; that a review of the
7 (Reading and signing of the deposition was not 8 transcript was requested; and that the transcript is a
8 waived by the witness and all parties.) 9 true record of my stenographic notes.
9 10
10 11 I further certify that I am not a relative,
11 12 employee, attorney, or counsel of any of the parties,
12 13 nor am I a relative or employee of any of the parties'
13 14 attorneys or counsel connected with the action, nor am I
14 15 financially interested in the action.
15 16
16 DATED this 6th day of May, 2013.
17
17
18
18
19
19 20
20 21 _______________________________________
21 DEBORAH H. RODGERS, CSR, FPR
22 22 Florida Professional Reporter
23 23
24 24
25 25
134 136
1 CERTIFICATE OF OATH 1 ERRATA SHEET
2 2 DO NOT WRITE ON THE TRANSCRIPT
3 STATE OF FLORIDA 3 ENTER CHANGES ON THIS PAGE
4 COUNTY OF PALM BEACH 4 Zylo Marshall vs. Lois M. Haymes, etc., et al.
5 I, Deborah H. Rodgers, CSR, FPR, Florida Witness: Craig Donoff, Esq.
6 Professional Reporter, Notary Public, State of Florida, 5 Date: April 29, 2013
7 certify that CRAIG DONOFF, ESQ. personally appeared 6
8 before me on the 29th day of April, 2013. 7 Page No. Line No. Change Reason
9 8 ____________________________________________________
10 9 ____________________________________________________
Signed this 6th day of May, 2013.
11 10 ____________________________________________________
11 ____________________________________________________
12
12 ____________________________________________________
13
13 ____________________________________________________
14 _______________________________________
14 ____________________________________________________
DEBORAH H. RODGERS, CSR, FPR
15 ____________________________________________________
15 Notary Public, State of Florida
16 ____________________________________________________
My Commission No.: DD945472 17 ____________________________________________________
16 Expires: 1/22/14 18 ____________________________________________________
17 19 ____________________________________________________
18 20 ____________________________________________________
19 21 Under penalties of perjury, I declare that I have read
20 the foregoing document and that the facts stated herein
21 22 are true.
22 23 _____________________ _____________________________
23 Date Craig Donoff, Esq.
24 24
25 25
34 (Pages 133 to 136)
561-835-0220 4088
137
1 WITNESS NOTIFICATION LETTER
2
3 May 6, 2013
4 Craig Donoff, Esq.
c/o Kenneth S. Pollock, Esq.
5 Shendell & Pollock, P.L.
2700 North Military Trail, Suite 150
6 Boca Raton, Florida 33431
7 Re: Zylo Marshall vs. Lois M. Haymes, etc., et al.
Deposition Date: April 29, 2013
8 U.S. Legal Support Job No.: 1019451
9 The transcript of the above proceedings is now available
for your review.
10
Please call to schedule an appointment between the hours
11 of 9:00 a.m. and 4:00 p.m., Monday through Friday, at a
U.S. Legal Support office located nearest you.
12 Please conclude your review within 30 days.
13 Sincerely,
14
15
Deborah H. Rodgers, CSR, FPR
16 U.S. Legal Support, Inc.
444 West Railroad Avenue
17 West Palm Beach, Florida 33401
561.835.0220
18
19 cc via transcript:
20 Zylo Marshall, Pro se
21
22
23
24
25
35 (Page 137)
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A advertising 12:10,11 126:12 128:16 129:13 appeared 89:14 134:7

abandon 49:24 advice 120:4 Allan's 21:8 49:23 application 104:23
ability 9:4,9,14 80:25 advise 95:7 50:24 85:25 120:9 105:15 112:20 113:5
able 6:2,8 18:14 19:12 advised 43:20 allegation 91:10 appointment 137:10
22:19 27:25 56:7,12 adviser 60:10 allegations 63:18 64:7 appoints 45:24 56:8
57:21 59:21 69:12 advocate 14:9,12,13 alleged 52:20,22 81:6 appropriate 89:6
89:14 90:2 93:21 affairs 56:4 105:19 allow 9:14 97:13 117:19 appropriately 89:20
108:13 111:2 132:22 affect 9:4,9 121:16 approximate 20:16
absolute 45:17 affection 124:8,18 allowed 126:4 127:1,2 approximately 20:18
absolutely 27:2 28:5 125:8 allowing 96:10 22:16 26:13 32:22,22
45:16 89:5 affectionate 124:14,14 allows 97:12 April 1:17 69:11 134:8
abuse 91:10 125:11 amended 45:20 88:7 136:5 137:7
acceptance 70:4 affidavit 117:14,19 amendment 87:2 area 23:22 24:8 37:5
access 30:5 affirm 4:8 amount 28:14 45:7,22 50:16,23 56:5
account 23:1 28:6 affirmative 7:1 63:24 analogy 99:5 62:19 68:21 71:16
60:10 78:8 115:18 agent 70:5 Andrew 74:11 109:2 89:10 100:7 104:25
accumulated 86:14 agitated 58:11,16 79:7 and/or 86:1 110:1 122:13,22
accurate 62:6 79:12 angry 19:23 20:3,4 123:2 128:4,12
Aces 82:20,22 83:3,15 ago 127:17 anguish 62:25 63:2 areas 37:4
83:17 101:24 105:12 agree 55:19 131:17 answer 5:6,7,8 6:15,17 argue 62:4 81:5 92:24
105:23 106:1,8,16 132:3 6:21,23,25 7:1,22 8:3 argument 81:3
107:8,9,12,16 108:22 agreement 88:10 8:10 9:15,19 10:5 argumentative 109:9
108:24 111:7 113:12 ahead 6:17 40:4 43:8 15:22 16:17 17:6 18:7 109:10
113:13 114:4 51:11 54:8 57:2 65:14 20:2 22:9 24:12 35:24 arguments 38:13 53:19
acquired 78:7 71:12 79:15 83:7 89:3 37:19 41:4,5 46:18,18 55:2
act 46:2,3 56:7,8,12 89:8 90:3 91:23 96:22 46:19 49:3,14 51:7 arm 126:20
acted 57:18,19 al 136:4 137:7 54:23 55:3 58:14 arrested 7:20 8:18
action 12:1,9 19:24 alcohol 9:25 59:21 61:9,11 63:8,11 arrived 49:18
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561-835-0220 4107

4055-4107 Craig Donoff 042913 MINI Deposition

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4055-4107 Craig Donoff 042913 MINI Deposition

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3

IN THE CIRCUIT COURT OF THE 1 INDEX OF PROCEEDINGS

26 (Pages 101 to 104)

29 (Pages 113 to 116)

30 (Pages 117 to 120)

31 (Pages 121 to 124)

32 (Pages 125 to 128)

34 (Pages 133 to 136)

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item 45:18 62:12,17 51:19 53:4,9,19 60:21 132:14 list 28:8

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