I

(X IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA. D IN THE COUNTY COURT IN AND FOR DADE COUNTY, FLORIDA. DIVISION *T CIVIL D FAMILY D CRIMINAL D OTHER

CASE NUMBER
SUBPOENA DUCES TECUM WITHOUT DEPOSITION (a) When Witness Has Option To Furnish Records Instead of Attending Deposition; Issuance by Clerk. VS. DEFENDANTS/RESPONDENT

1120527 CA21

PLAINTIFFS/PETITIONER

SERVICE

LTA LOGISTICS, INC., LESTER TRIMINO, LESTER TREVflNO SR., ANNETTE TRIMINO. (RESPONDENT)

ENRIQUE J VARONA, (PETITIONER)

THE STATE OF FLORIDA:

TO:

LTA LOGISTICS, INC.

ETAL,

LTA LOGISTICS, Inc., LESTER TRIMINO, ANNETTE TRIMINO, LESTER TRIMINO SR. 14331 SW 120 St Suite 202 Miami, Florida 33186 as per F.R.C.P. 1.080(b), via UJS. certified mail receipt number 70110470000074011728

YOU ARE COMMANDED to appear at MAIL DOCUMENTS TO: 14823 SW 125 Court

MIAMI, FL 33186 in Miami-Dade

F|orida. on

March 20

20 Jf

at 4:0 P .m..

and to have with you at that time and place the following :

SEE ATTACHMENT "A" FOR DOCUMENTS TO BE PRODUCED

These items will be inspected and may be copied at that time. You will not be required to surrender the original items. You may comply with this subpoena by providing legible copies of the items to be produced to the attorney whose name appears on this subpoena on or before the scheduled date of production. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of preparation. You may mail or deliver the copies to the attorney whose name appears on this subpoena and thereby eliminate your appearance at the time and place specified above. You have the right to object to the production pursuant to this subpoena at any time before production by giving written notice to the attorney whose name appears on this subpoena. THIS WILL NOT BE A DEPOSITION. NO TESTIMONY WILL BE TAKEN. If you fail to: (1) appear as specified; or (2) furnish the records instead of appearing as provided above; or (3) object to this subpoena, you may be in contempt of court. You are subpoenaed to appear by the following attorneys, and unless excused from this subpoena by this attorney or the Court, you shall respond to this subpoena as directed. DATE HARVEY RUVIN AS CLERK OF COURT

BY:
AS DEPUTY CLERK

APR 2 4 20?Si

Enrique Varona, Sui Juris acting Pro-se

Attorney for:

14823 SW 125 Cl, Miami, Florida 33186

Address:

(Court Seal)

Florida Bar No.: AMERICANS WITH DISABILITIES ACT OF 1990 In accordance with the Americans With Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the Attorney noted, no later than 7 days prior to the proceedings. CLK/CT139 REV. 12/01
Clerk's web address: www.miami-dadeclerk.com

IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 11 20527 CA 21

LTA LOGISTICS, INC. LESTER TRIMINO, etal, Plaintiff,

V.

Enrique Varona, Defendant,

SUBPOENA PUCES TECUM FOR TRIAL ATTACHMENT "A" COMES NOW, the above named Defendant, Enrique Varona who is Sui Juris, acting Pro-se, who files issuance of Subpoena

Duces Tecum for trial, In compliance with F.R.C.P., rule 1.410(a)(2)(c), rule 1.080(b), and shows; All the documents requested herein, have been previously requested with agreement form the opposing counsel who has not objected to these documents being provided to the court and the defendant.

REQUESTED DOCUMENTS SUBPOENA ATTACHMENT "A" 1. Provide a copy or any proof or record of any truck posting LTA LOGISTICS, INC., as offering 7 shipper from Philadelphia, PA or Lebanon,

board which shows owned trailers

for transport

Indiana final destination Miami, Florida scheduled for June 2010. 2. Provide a copy of any contract between the plaintiff and

UNIVERSAL FREIGHT BROKERS, INC. 3. Provide the 14 invoices for each American Express card

transaction which corresponds to a total of $11,300.00 which you claim as damages for payments made to National Positions, Inc. The

14 invoices are needed to determine the true nature of the services contracted and paid for by the Plaintiff. 4. Provide all LTA LOGISTICS, INC., tax returns, bank

statements, and certified financial statements for the years 2008, 2009, 2010, 2011. These records are needed to determine the exact amount

and nature of the alleged monetary damages suffered by the Plaintiff. 5. Provide any truck or trailer leases or sales contracts, titles,

registration, insurance policies that show that you are a motor carrier equally situated to Landstar Ranger, Inc.

MEMORANDUM OF LAW A Subpoena duces tecum issued by this court reaches all the

documents under the control of the party required to produce them, even if those documents are outside the territorial jurisdiction of the court. General Motors Corp. vs. State, 357 So.2d 1045 (Fla. 3rd DCA 1978). The law is well settled that a defendant in a lawsuit is constitutionally entitled to compulsory process to have brought into the trial court any material evidence shown to be available and capable of being used by him in aid of his defense, including the beneficial enjoyment of the compulsory process of a subpoena duces tecum for that purpose. Green vs. State 377 So.2d DCA 1981). WHEREFORE, the defendant requests from the clerk of the court to issue this subpoena duces tecum for trial to LTA LOGISTICS, INC., LESTER TRIMINO, LESTER TRIMINO SR, ANNETTE TRIMINO, for the production of the documents herewith described, jctfully submitted by, 193(Fla. 3rd DCA 1979), affirmed, 395 (Fla. 3rd

K iiq\ie Varona, Sui Juris

M823SW 125 Court Miami, Florida 33186

AFFIDAVIT IN SUPPORT OF SUBPOENA PUCES TECUM

IN WITNESS WHEREOF, I, Enrique Varona, Sui Juris, solemnly affirm and verify that I have read the foregoing, and know its contents to be true to the best of my knowledge, except as to the matters which are therein stated on my information or belief, and as to those matters, I believe them to be true. This instrument is submitted upon good faith effort that is grounded in fact, warranted by existing law for the modification or reversal of existing law and submitted for proper purposes, and not to cause harassment and unnecessary delay or costs, so help me God. See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land). ?clare under penalty of perjury, under the laws of the STATE OF FLORIDA, that \ ic foregoing is true and correct:

! Varona, Sui Juris 125 Court Miami, Florida 33 186 On this day came before me the Affiant, a living flesh and blood man to oath and attest and affirm the signature is true, complete, and correct on the foregoing affidavit. Enrique Varona, the above signed, who is personally known by me or upon proper oath and identification, personally came before me, the subscriber, a notary public in and for said Miami -Dade County and the State of Florida, and Duly Affirmed the truth of the foregoing Affidavit in my presence. The Affiant also acknowledged the signing thereof to be his own voluntary act and deed, signing the within instrument in my presence and for the purpose therein stated. Date: Identification provided: Notary Public: My commission expires on:

) r-V r/ ^

r"
NOTARY PUBLIC-STATE OF FLORIDA

..<"">- Lawrence M. Kaplan ! iSa } Commission # EE033025 '''Zfiy Expires: OCT. 19,2014
BONDED THRU ATLANTIC BONDING CO., INC

Notice to agent is notice to principal, notice to principal is notice to agent.

SENDER: COMPLETE THIS SECTION

COMPLETE THIS SECTION ON DELIVERY

Complete items 1, 2, and Z. Also complete ^ item 4 if Restricted Delivery is desired. Print your naYrie and address on the reven so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1 ? O Yes If YES, enter delivery address below: d No

3. Service Type flrcertified Mail D Registered D Insured Mail

D Express Mail D Return Receipt for Merchandise D C.O.D.

4. Restricted Delivery? (Extra Fee) 2. Article Number (Transfer from service label)

D Yes

7D11 D47D DDDD 7HD1 17S6

Domestic Return Receipt 102595-02-M-1540

PS Form 3811, February 2004

CERTIFIED MAIU RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com

r-

3Certified Fee

Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required)

3,10

iI

PS Form 3800, August 2006

See Reverse for Instructions