APPEARANCES

LOFARO & REISER, L.L.P.BY: MELANIE R. COSTANTINO55 Hudson StreetHackensack, New Jersey 07601Attorneys for Plaintiff

REMBERTO BAIRESBaires Pool Plastering, LLC713 North AvenuePlainfield, New Jersey 07062Defendant

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INDEX

WITNESS PAGE

REMBERTO BAIRES

Direct Examination by Ms. Costantino 3

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MELANIE COSTANTINO: This is the sub pro in the matter of CL industries, Inc. vs. Baires Pool Plastering, LLC, Judgment Number DJ-152134-11. Melanie Costantino attorney for the plaintiff, CL Industries, Inc. vs. Baires Pool Plastering. I have Remberto Baires President of Baires Pool Plastering. Mr. Baires will you please raise your right hand. Do you swear to tell the truth the whole truth and nothing but the truth?

A. Yes.

MELANIE COSTANTINO: Ok. Mr. Baires this is a deposition. Insofar as to obtain information to obtain regarding the assets of Baires Pool Plastering, LLC. There’s a judgment that has been entered on February 10, 2010 against your company in Florida. Said judgment was entered in New Jersey on May 26, 2011. The purpose of the deposition is to obtain assets about your company, and you are to answer all questions truthfully. I have administered the oath. If anything is not truthful I will come back to the Court and request contempt for untruthful answers. Answer every question with an affirmative answer with your voice. Nodding does not pick up on the record, and if there’s any questions you do not understand please feel free to ask me to clarify. Other than that you are expected to answer all the questions as truthfully and honestly as possible, and as thoroughly as possible.

Q. Ok. Mr. Baires, what is the name of your business including all of the trade names?

A. Well the name of the business was Baires Pool Plastering, LLC.

Q. What are all the trade names for this company?

A. That’s the only trade name.

Q. Only trade name. What is the addresses for all the business – what are all their business addresses -- locations?

A. Well the business address was 713 North Avenue, Plainfield, New Jersey.

Q. Ok. Any other addresses – any other locations?

A. Is your company – your company is a corporation, correct? Baires Pool Plastering was a corporation, or a limited liability corporation?

A. Yes.

Q. What are the names of all your directors?

A. It was me, Roberto Baires.

Q. And your address?

A. My current address?

Q. Yes.

A. My current 136 First Street, Dunellen, New Jersey.

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Q. What’s - where’s that?

A. Dunnellon. D-u-n-e-l-l-e-n. And my father.

Q. What’s his name?

A. Roberto Baires.

Q. Senior?

A. Uh-hum.

Q. And what’s his address?

A. Same address. 136 First Street. Current.

Q. Any other stockholders of this company? Officers?

A. Not at all

Q. Directors?

A. Not at all. Not at all.

Q. All right. This was not a partnership or a limited partnership. What other businesses do you have a business interest in?

A. Who me myself?

Q. Yes, yourself.

A. None. Zero.

Q. You don’t have an interest in any other business?

A. Not at all.

Q. You don’t have an interest in a Baires Pool Plastering Associates?

A. Not at all. Sorry. I apologize. No I don’t.

Q. Does your father have an interest in any other businesses?

A. My father. Yes.

Q. What is the interest – what business interest does he have?

A. (indiscernible). I guess he has the - - he’s in Baires Associates.

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Q. What is the name of the -- full name of the business?

A. Baires Pool Plastering & Associates.

Q. Is this a – is that a separate company?

A. Um. It’s a – it’s a - - Yeah. It’s a different - completely different company.

Q. Um. What happened to? Ok. Oh what is the address for Baires Pool Plastering & Associates?

A. The current address is 713 North Avenue Plainfield New Jersey.

Q. Um. Do you have an interest – are you a principal in this company?

A. Not at all. I’m just a simple employee.

Q. Uh. Ok. For Baires Pool Plastering, LLC. What is – what was the name of the bank that it had its accounts?

A. The bank where it had its accounts was TD Bank.

Q. TD Bank?

A. Yes maam.

Q. All of its accounts?

A. It’s just one account.

Q. One account. What was the account number?

A. Uh. The account number I don’t know off the top of my head.

Q. I’ll give you – after we finish this deposition I’ll give you like 10 minutes to determine – to figure out what the account numbers were. Because we’re going to need that. And whose name was on the account - was it the business?

A. On the account was Remberto Baires Sr.

Q. Was your name on the account?

A. No.

Q. Um. What accounts – where are the accounts for Baires Pool Plastering & Associates?

A. Baires Pool Plastering & Associates – is TD Bank.

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Q. Also TD Bank?

A. Yes maam.

Q. Do you know the account number?

A. Nah - I don’t have authorization. I don’t -- I’m just an employee of that business. That’s a separate business.

Q. All right. I mean I’m going to go back to the Court and - - give you a few minutes after this deposition to find these account information – to find this the account information.

A. Yes.

Q. If you’re unwilling to provide it I will alert the court to your unresponsiveness.

A. Yes.

Q. Are there any other accounts associated with either one of these companies?

A. No Maam.

Q. Ok. Um. And this is including a checking account, savings account, receivables account, everything?

A. Yes. That’s just the checking account.Q. All accounts? Just -- for both businesses?

A. Yeah. It was just a checking account for the um – I can’t answer questions about Baires Pool Plastering Associates because I’m not – I have no –

Q. Ok.

A. To the best of my ability I will give you all the information about Baires Pool Plastering LLC.

Q. Who is the person who has the um – who maintains the checkbooks and checking records for the LLC?

A. The LLC. The person that maintained uh - - would that be the - um – like a CPA or an accountant?

Q. Uh - Yeah. Whomever – yeah. Whoever - - whoever keeps the checkbooks for your company. Who is that person?

A. Peter Demian.

Q. How do you spell his last name?

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A. D-e-m-i-a-n

Q. Ok. What’s his address?

A. Um. I apologize.

Q. Ok.

A. He’s in Cranford New Jersey.

Q. Do you have his number?

A. 908-272-4452 is his office number.

Q. And he has – the um – he maintains and controls the business records?

A. He maintained and controlled - - he was our accountant for Baires Pool Plastering LLC. You know – he did all the – kept the books and everything.

Q. Ok.

A. It’s actually 340 North Avenue East, Cranford New Jersey.

Q. East Cranford?

A. Yes.

Q. North. Does anybody else have uh - - and who is the person who maintains or controls the business records for the Associates company?

A. Excuse me?

Q. Who maintains or controls the checking accounts or the business accounts for um uh - I guess uh - - Baires Pool Plastering & Associates?

A. Are we talking about Baires Pool Plastering LLC or?

Q. No. The company - - Associates.

A. Associates?

Q. Yeah

A. Yeah. I mean - - I don’t - - I wouldn’t be able to answer that - - I mean. I think the person that - - I don’t know who handles that to be honest with you. And I don’t want to give you false information. Like I said I’m just an employee. I only have so much - - you know - - knowledge on that company.

Q. Uh, Ok.

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A. We’re here today for Baires Plastering LLC not for Associates. Am I correct?

Q. Understand. Um. List - - ok, what physical assets does your business have? For Baires Pool Plastering.

A. Baires Pool Plastering LLC?

Q. Yeah.

A. Has no assets. No physical assets whatsoever.

Q. No inventory?

A. No inventory. Nothing.

Q. Did anything that um – any other assets that might be subject to a UCC security interest?

A. Not at all.

Q. No office equipment>?

A. No.

Q. No cars?

A. No.

Q. Um. Does it uh – do you have any inventory? Does it have any inventory?

A. Baires Pool Plastering LLC has no inventory.

Q. Does Baires - - um - - does the um – company I guess Baires Pool Plastering & Associates have inventory?

A. Um. Why do we keep going back to that company? I don’t understand. You’re confusing me. I thought we were talking about Baires Pool Plastering LLC? I don’t - -

Q. Uh. Well. I mean - - if in fact that we’re – our client is going to have to join Baires Pool Plastering Associates in this judgment - - um - - then we would need information about it.

A. Yeah. Wouldn’t that be done in another matter? I mean – - we’re talking about just one company right now. Like I just want to give you information as accurate as possible about Baires Pool Plastering LLC. And - - I don’t - - I can’t give you information on Associates cause I’ll be lying to you – I just swore under oath.

Q. Does your business own any real - - does Baires –the LLC does it own any real estate?

A. No.

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Q. Does it have a mortgage – so there’s no real estate, no mortgage?

A. No mortgage. No real estate.

Q. Any rental income?

A. No rental income.

Q. Any vehicles?

A. Not at all. I just answered that question.

Q. Any - - uh - -

A. The only thing that’s open for Baires Pool Plastering LLC is a judgment – is a money that’s owed to them that’s still in court – it’s about $40,000.

Q. Ok.

A. Baires Pools – that’s about the only thing still in dispute.

Q. Ok. Who is it against?

A. It’s Baires Pools Nursery.

Q. Baires Pool Plastering LLC?

A. Yeah. Baires Pools LLC?

Q. Versus who? Who is the defendant?

A. (indiscernible) is the defendant actually?

Q. So you’re suing yourself?

A. No, no, no. Bahrs. Bahrs. Barhs. Like b-a-h-r-s.

Q. Oh.

A. That’s about the only thing.

Q. B-a-h-r-e

A. That company – yeah that company owes Baires Pool Plastering LLC.

Q. Can you spell that again?

A. Bahrs. B-a-h-r-s.

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Q. Uh huh. And what’s their – what’s the full company name?

A. Bahrs. Yeah just like Bahrs, and then Pools LLC.

Q. So it’s Bahrs. Baires.

A. No. Bahrs.

Q. Ok. So it’s your company . . .

A. You want me to write it down for you

Q. Baires Pool Plastering LLC versus Bahrs Pools LLC?

A. Yes.

Q. What’s the docket number for that case

A. Uh. The docket number. I don’t have it. But I – um - -

Q. What county?

A. Uh. That’s in Cherry Hill.

Q. Cherry Hill. So that’s uh - - I guess that’s Camden County.

A. Yes.

Q. Do you have any papers uh – regarding that – uh judgment?

A. Not on me right now.

Q. Did you - so you did obtain a judgment against – you got that judgment?

A. Yeah. That was - that was the last thing that was done. And – cause the thing that happened with Baires Plastering LLC is that too many people owe that company money, and pretty much you know it went downhill – you know with the economy and everything. So it’s like the only thing that’s actually open right now that can you know be in connection – you know – is just that.

Q. This judgment. Have you collected upon this judgment?

A. Not at all. The person apparently says - has no money. And that’s – that’s been going on since 2008 as well.

Q. And there was already given a judgment number – like a J number?

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A. Yeah. Yeah. It’s been - - I mean I can - I probably can’t give you that information today. But I can have that attorney fax you over any documents you need from his office.

Q. What’s the name of the attorney on that case?

A. It’s um – Lloyd S. Markind.

Q. Lloyd – L-l?

A. Let me get you the correct spelling because I don’t want to – Just bear with me.

Q. Sure.

A. Actually I’m looking it up on my (indiscernible). All right there. Lloyd S. Markind Law Office.

Q. L-l - how do you spell it?

A. L-l-o-y-d.

Q. Uh huh.

A. And then it’s S period. Markind.

Q. How do you spell his last name?

A. M-a-r-k-i-n-d. Law Office.

Q. Ok. And what’s their address?

A. They’re located in Cherry Hill, New Jersey.

Q. What’s their address?

A. Uh. Their number is 8 - - I’m sorry. I can give you their telephone number. 856-616-8710.

Q. Can you give that to me again? 856 - - what?

A. 856-616-8710.

Q. Um. 856 – what’s the other numbers?

A. 616

Q. 616

A. 8706

Q. Ok.

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A. 102 Browning Lane. That’s the physical address.

Q. Ok.

A. And that’s basically it. That’s about it. That’s the only thing that can still - -

Q. Ok. Um. So are there any other accounts receivable for the LLC?

A. Not at all.

Q. No other - - so everything was paid off?

A. Everything is – well when you say paid off by the way - -

Q. You mean you’re not expecting any money from any prior (indiscernible)

A. No. I wish. Not at all. That- -

Q. Ok. Was there - - were there any transfers of business assets from Baires Pool Plastering LLC to anybody?

A. No.

Q. No - - so what happened to all the assets?

A. Not to my knowledge, no.

Q. Where did the assets go- - if it’s out of business now?

A. Well everything was – was sold. Everything was like – like it doesn’t exist – you know - - it was sold to somebody else.

Q. Like who?

A. Well the -- the -– the new person that owns Baires & Associates.

Q. Who’s the person who owns Baires & Associates, your dad?

A. David Eghelshi. Eghelshi.

Q. How do you spell his name, last name?

A. David. E-g-h-e-l-s-h-i

Q. E-g-h-e-l-s-h-i?

A. Yes maam.

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Q. What’s his address?

A. I don’t have his address on me. I mean, you can – 713 North Avenue is where he does business so - -

Q. So all the – and how much was there in assets that were sold to the other company?

A. I – I don’t know.

Q. So you don’t know how much assets were sold from your former company to this other company?

A. No. I was not involved in that transaction.

Q. How were you not involved? Wasn’t it your – wasn’t Baires Pool Plastering your company?

A. My father was the main person in charge of all that.

Q. So what type of assets were sold?

A. Well there – I mean – obviously I guess the trucks.

Q. For how much?

A. I wouldn’t know how much maam.

Q. And what other assets?

A. Like uh - I guess the trucks, and van.

Q. What about receivables?

A. Receivables um - -

Q. Like what about any - - ?

A. Any receivables - - nothing was not - nothing was done. Basically the company was in shambles. I mean – it was just a large amount of money. Nobody paid money. Companies went bankrupt that owed us – that owed Baires Pool Plastering LLC money.

Q. Ok. What about any inventory? Did you have any inventory?

A. Inventory was – not at all. Nothing. No inventory.

Q. You don’t know the approximate value of the stuff that was sold?

A. Um. I mean, if you want I can give a rough figure. But I don’t know exactly – I mean are you’re looking for exact numbers?

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Q. Approximate. Give me approximate for now. How much?

A. I mean approximately - - um – looking at about like $80,000.

Q. And when did this sale take place?

A. Uh this sale uh – took place uh I believe in two – last year maam.

Q. 2010? A. Yes.

Q. You don’t remember what month?

A. I don’t remember what month. That’s cause it’s out of my reach. I was – I was like I said I wasn’t involved with that.

Q. And so it was sold to – you’re saying to Baires Pool Plastering & Associates, 713 North Avenue in Plainfield, New Jersey?

A. Yes.

Q. And how was it paid for?

A. I don’t – I don’t know – check form. I don’t know.

Q. A check?

A. I don’t – I guess.

Q. Was it a check for how much?

A. Um – I’m just – uh – I’m just – I just said it. I don’t know how it was sold and I don’t know what amount was written on there.

Q. What happened to – so for the money you got from the sale what happened to all the um - - ?

A. I didn’t get no money from the sale.

Q. So - - how did not the LLC –you sold assets from the LLC to the Associates.

A. My father.

Q. Your father. And so what happened to all the money?

A. I don’t know. I wouldn’t know.

Q. There’s no way you can find out today? Because that information is important. You’re showing – you’re telling me there was a transfer of assets from your company to – your company to

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Assoc- - to uh to a sister – sort of -- what seems like it’s another company that happens to be owned by the same principal and you don’t know what happened to the cash that came in for the sale?

A. Yes.

Q. It’s problematic.

A. I apologize. I’m trying to cooperate.

Q. No, I understand you’re trying to cooperate. But, I mean, I’m going – have to bring that up to the judge’s attention.

A. Yes.

Q. Um, because – um – So what is the date that the company ended?

A. The date that the company ended. The date that the company ended. I would say – um – I guess the end of 2010. I mean - - I don’t know the exact date.

Q. Ok. And you’re saying at the end – when it ended at that time you had approximately $80,000 of trucks and other assets to - - to the LLC?

A. Yes. That’s what I was getting at.

Q. And where are the assets now?A. Well, what assets?

Q. The trucks, the things that you – the – the LLC sold to Associates?

A. Well yeah - - they’re sold to that individual David Eghelshi.

Q. They’re not sold to him personally but sold to the business?A. Yeah, yeah, sold to the business. Yeah.

Q. And you’re saying that the nature of those assets were trucks?

A. Yes maam.

Q. Vans, anything else?

A. That’s it. It was just vehicles.

Q. Vehicles.

A. Because basically Baires Plastering LLC was - didn’t have anything. I mean the plastering business consists more of just vehicles and just – you know – and product. Plastering company –

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they don’t carry heavy machinery or anything. It’s just – everything is done by hand. Pretty much like an art.

Q. How was the - - how was the – how were the assets transferred? Like, what, who – what form of – what was the form of payment?

A. The form of payment like?

Q For the $80,000 in assets that you’re telling me the LLC owned that transferred over to – um – to Associates?

A. You mean the buyer?

Q. Yeah. So how did Mr. Eghelshi pay for it?

A. Well, I - - I don’t -- I assume he paid with a check. I mean, I don’t - - Like I wasn’t involved in that transaction.

Q. All right. I’ll give you - - after we finish I’m going to give you some - - a few minutes to figure out- -

A. Yeah, yeah.

Q. -- some of this information.

A. Yes, I can give it to tomorrow.

Q. -- so you can give it to me. I’ll give you 10 minutes afterwards.

A. Ok.

Q. And then if you can’t provide it then, you know - - um

A. Basically, you just want to know he paid for it, correct?

Q. I want to know how he paid for it and – um – you know what happened to that money?

A. Ok.

Q. What happened to that $80,000 that came in?

A. Ok.

Q. You don’t know?

A. Well, I mean - - it was – there was a lot of - there was a lot of debt that had to be paid.

Q. Yeah, including this one.

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A. You know. Yeah, but – but that that was not something that was owed by us. You know – it was – but that’s another - - I guess we’ll get into that one.

Q. Well, that’s something that you’re - -

A. Yeah. Correct.

Q. Any other judgments that you’re aware aside from the one you told me about – the $40,000 judgment?

A. That’s the only one I’m aware of.

Q. Ok. And that was in – a judgment was in 2008 you’re saying?

A. Yes.

Q. 2008 judgment.

A. Yeah

Q. About $40,000 plus?

A. Yeah. No, no actually $40,000.

Q. $40,000?

A. Yes.

Q. And that was in and – Mr. Markind is the attorney. Ok. When did that litigation actually commence? Do you remember when you – when – what – do you remember when you actually started that litigation?

A. The depositions - -

Q. Yeah, and all that – you know –

A. I believe was done in um - - it was done in 2009, and uh –

Q. You said that was a 2008 judgment.

A. Well, yeah well it was entered – that’s when everything happened you know – when we contracted. It’s just been prolonging because first you know - -

Q. So do you actually have a judgment in that case?

A. Yes we have.

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Q. But how can you tell me the judgment was entered in 2008 when you’re telling me that you began all the process of this in 2009?

A. Well I mean that’s when everything started coming into frutation [sic] – you know we started going to court – started going to - -

Q. So you filed it in 2008?

A. Yes.

Q. And then did you actually get – did you actually get a judgment? Like a court saying – you know – I hereby – a judge Baires Pool Plastering LLC to get the sum of $40,000?

A. Yes. Correct.Q. And when did that happen?

A. It happened in 2009.

Q. 2009?

A. Yes maam.

Q. And you have not collected on that yet?

A. Not at all.

Q. What is the status of Bahrs?

A. Well basically the status of Bahrs is he claims has no business, going through a divorce, and apparently can’t even make his own payroll. So that’s where we lie with that. I guess just like every other company out there struggling.

Q. Sounds like it. Any other actions?

A. Not at all.

Q. Do you know the attorney who is - - that represented Bahrs (B-a-h-r-s) Pools?

A. I don’t recall his name.

Q. All right. That’s another thing I’m going to ask you to get.

Q. Do you remember the date of the trial?

A. The date of the trial?

Q. Yeah, when the - -

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A. Like the last time - -

Q. Yeah, the last time you were in court.A. August - - Let me look at my calendar. Bear with me a second.

Q. (indiscernible)

A. August 29

Q. August 29, 2011?

A. Yes.

Q. And what was that for?

A. That was um - basically uh – they tried – they tried you know to make an offer – you know what he can pay.

Q. Uh hum.

A. And I believe his attorney was like something like $100 a month.

Q. $100 a month?

A. Yes.

Q. Was it – and it was - - was it declined?

A. Yeah. You know. I mean – it was ridiculous you know.

Q. Ok.

A. I mean - - I just don’t know how that can even be possible. So now you know I guess we’re scheduled for another - -

Q. Ok, um. And is - you are the person who has been (indiscernible). All right. Let it – just for the record um the following information is still outstanding from and that I’m going to be seeking from Mr. Baires.

A. Can you give me - -

Q. I’ll give you a list.

A. Ok. Yeah.

Q. The account information for the checking account or any accounts from Baires Pool Plastering, LLC.

A. Uh hum.

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Q. Any information regarding the asset transfer between the LLC and Associates, and how it was paid and how much?

A. Ok.

Q. What happened to the money that paid to Baires Pool Plastering, LLC.

A. I know - I know it was used to pay debt.

Q. Ok.

A. So, I mean - -

Q. Yeah we’re going to need a detailed account of that when - - And when was that paid again you said? Was that money – was that payment for the assets – for the inventory made?

A. For the inventory?

Q. In 2010 you’re saying?

A. Yes.

Q. When in 2010.

A. Um, probably I think it was uh somewhere down in the wintertime – at the end of the year as well.

Q. And the name of the attorney that represents Bahrs Pools.

A. Ok.

Q. And also the judgment number and docket number of that case that you’re saying you brought to judgment.

A. I will try to get all this information.

Q. Well I’m going to need it today so - -

A. I mean what if I can’t get in contact with the other attorneys?

(OFF THE RECORD)

MELANIE COSTANTINO: Ok Mr. Baires. We are back on the record with your deposition. After you expressed to me that you needed additional – that you need to make a phone call for additional information as I had requested, and that the oath still applies as we had given you before.

A. Yes.

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Q. Ok. What is the checking account information for the LLC?

A. The number is 786-93-52737.

Q. Ok. Any other account numbers?

A. No, that’s the only one.

Q. That’s the checking account?

A. Yes.

Q. Where’s your branch?

A. TD Bank as I stated before.

Q. Where – where did you go, in Union County?

A. Oh.

Q. Where was the location of your branch?

A. Oh. Scotch Plains, New Jersey.

Q. Scotch Plains. Ok. You don’t have the account information from the uh – the Associates account?

A. I do not. I can’t. I don’t - I don’t.

Q. All right.

A. You didn’t tell me to give you that. (Indiscernible)

Q. Ok. So the asset transfer from the LLC to Associates? Ok.

A. 5 vehicles.

Q. 5 vehicles. What type of vehicles?

A. One was an Isuzu 2012 truck FVR.

Q. 2012 truck?

A. No. 2002.

Q. Oh, I’m sorry.

A. Sorry, sorry. I apologize.

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Q. 2002 truck.

A. Yeah. FVR Isuzu.

Q. Oh you have the vehicle number? Ok.

A. Yeah. It’s Isuzu. I-s-u-z-u. 2012 truck FVR.

Q. FVR. Ok.

A. The second vehicle was Isuzu - -

Q. Well I probably needed a uh - I should have probably told you to get the VIN numbers for these cars. Can you get that? Can you produce that?

A. Oh. I can’t. I don’t have the means to do that right now.

Q. Well, I mean you might need to call back and get the VIN number, but anyway what’s the second truck?

A. Isuzu 2005 truck FVR.

Q. Ok.

A. And the other one’s an Isuzu 1999 dump truck. Another one is a Dodge Ram 2001. 2500 that’s the - -

Q. Ok.

A. And the last one is a Dodge Ram 1999 Sport. Now those vehicles totaled up to $80,000 in value.

Q. $80,000?

A. Yes. The Isuzu 2002 and 2005 truck (indiscernible) are big tandem trucks.

Q. Ok. So the total of all these trucks was $80,000– all cars $80,000?

A. Yes.

Q. And, um. What – and when was the money – how was the money paid?

A. The money was paid in check form. And the money was used to pay and clear balances on supplier.

Q. Two other – two other debts?

A. Yes maam.

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Q. Ok. And when was the check? When was the actual transfer? When was the check made out – what day?

A. The exact day?

Q. Uh huh.

A. Sorry. Bear with me. (Indiscernible) The check was issued on December 2010.

Q. What check number?

A. The check number?

Q. Yeah. Do you have it?

A. No I don’t have the check number.

Q. December what 2010?

A. On the 13th.

Q. Ok. And you used that money for the balance - - what other – so you used that to pay other debts?

A. Yeah. Yes. Just to pay the debt.

Q. Did you get a listing of those debts or you don’t - -?

A. Excuse me?

Q. Do you have any listing of those debts?

A. No I don’t maam.

Q. So you – do you know what other debts you paid with them like approximately?

A. There was just made to suppliers.

Q. Suppliers?

A. Yes.

Q. Would you be able to produce receipts – um - the actual – would you be able to produce the check – the actual copy of the cancelled check and also - -

A. Cancelled?

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Q. Yeah. Like you – oh I guess the check would be - - don’t you have bank records with the – the LLC? Didn’t you have bank records like you’d be able to produce a cancelled check – you know show like show the check being paid?

A. Not today.

Q. Well ok. On another day I’m going to ask you to show that.

A. Yes. Yes.

Q. And then also – and also to send me a list of the suppliers you paid off.

A. Yes. I paid for. Yes.

Q. And um. Do you have the name of the attorney who represented Bahrs?

A. Yes maam. It’s Mark Steinberg Law Office.

Q. Ok. Uh huh. And what’s his address?

A. Bear with me, I’m just -- my nerves are going crazy right now. I should have asked for it but they just gave me his name. I’m actually looking him up right now.

Q. What town is he in?

A. He’s in uh - Neptune, New Jersey. (Indiscernible). It’s 2300 State Route 66, number 203, Neptune, New Jersey.

Q. Ok. And what’s the docket number for that other case?

A. The docket number for that case – for the Baires vs. Bahrs – is L-7144-09.

Q. And that’s in Camden County?

A. Yes.

Q. And what’s the judgment number? Did you have a judgment number?

A. What’s - -

Q. A J number.

A. No I just got the docket number maam.

Q. Oh. I asked you for the judgment number. Is there an actual – there isn’t an actual judgment they’ve just been trying to settle the case. Did you have a trial?

A. It went to deposition to hearing.

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Q. But no - - but there’s no trial like with a jury, or no jury no trial?

A. No Jury. Oh no no jury. No. No jury. No. Nothing. No.

Q. Ok just depositions. So there is no judgment?

A. No jury. I mean no trial with juries or anything.

Q. I’ll call the attorneys. A. Yes.

Q. So there does not appear to be a judgment. Ok. I’m going to basically make a request to go onto the record to indicate that you know you had answered the questions to the best of my ability. I’m going to also indicate that there is – that we do question an asset sale between Baires Pool Plastering LLC to Baires Pool Plastering & Associates, which also happens to be your father owns it and now you’re reportedly an employee no longer – and uh – you know – um and that’s what I’m going to express to the judge right now. And I’ll let him know.

A. Yes.

Q. I want that to be on the judgment. I want that to be on the record. So, ok. That – this concludes the deposition, and you know I’m going off the record.

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CERTIFICATE

I certify that the foregoing is a true and accurate transcript of the testimony of the digital recording of the deposition of Remberto Baires taken on October 31, 2011, as herein above set forth, to the best of my ability.

____________________________________GLENN R. REISERATTORNEY-AT-LAW, STATE OF NEW JERSEY

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