EFTA01112229

IN 
THE 
CIRCUIT 
COURT 
OF 
THE 
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR 
PALM BEACH COUNTY, FLORIDA 
CASE NO: 502009CA024752XXXXMB (AW) 
NATIONAL CITY BANK, successor 
by merger to Fidelity Federal Bank & 
Trust, 
Plaintiff, 
v. 
HARDMAN DEVELOPMENT CORP., 
STEPHEN R. ALEXANDER, MICHAEL 
T. HARDMAN, JULIE C. HARDMAN, 
VILLAGE OF PALM SPRINGS, 
Defendants. 
NOTICE OF HEARING 
YOU ARE HEREBY NOTIFIED that the undersigned has called up for hearing 
the following: 
DATE: 
February 1, 2010 
TIME: 
2:00 
JUDGE: 
John J. Hoy 
PLACE: 
Palm Beach County Courthouse, 205 N. Dixie Highway, Room 4A, West 
Palm Beach, FL. 33401 
SPECIFIC MATTERS TO BE HEARD: Motion for Final Summary Judgment of 
Foreclosure 
KINDLY GOVERN YOURSELVES ACCORDINGLY. Please arrive 15 minutes 
before the start of the scheduled hearing time to view the calendar posted outside the 
courtroom. The courtroom in which your hearing will be held will be posted on the 
calendar. 
Notice to Persons with Disabilities 
EFTA01112229

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752)000(MB(AW) 
"If you are a person with a disability who needs any accommodation in order to 
participate in this proceeding, you are entitled, at no cost to you, to the provision of 
certain assistance. Please contact Krista Garber ADA Coordinator, in the Administrative 
Office of the Court, Palm Beach County Courthouse, 205 North Dixie Highway, Room 
5.2500, West Palm Beach, Florida 33401; telephone number (561)355-4380 within two 
(2) working days of your receipt of this notice; if you are hearing or voice impaired, call 
1-800-955-8770. 
The undersigned counsel hereby certifies that a good faith attempt has been made to 
resolve the matters raised in the motion. 
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to 
Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, M., 701 Northpoint Pkwy., Ste. 
209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, 
2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent 
Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this Zi day of December, 
2010. 
JONES, FOSTER, JOHNSTON & STUBBS, ■. 
Attorneys for National City Bank 
505 S. Flagler Drive, Ste. 1200 
West Palm Beach, Fl 33401 
Telephone: (561) 650-0438 
Facsimile: (561) 650-0412 
RIDOCS\11304k0010APLD119U9545.DOC 
By: 
Michael T. Kranz 
Florida Bar No: 351180 
mkranza
2 
EFTA01112230

IN 
THE 
CIRCUIT 
COURT 
OF 
THE 
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR 
PALM BEACH COUNTY, FLORIDA 
CASE NO: 502009CA024752XXXXMB (AW) 
NATIONAL CITY BANK, successor 
by merger to Fidelity Federal Bank & 
Trust, 
Plaintiff, 
v. 
HARDMAN DEVELOPMENT CORP., 
STEPHEN R. ALEXANDER, MICHAEL 
T. HARDMAN, JULIE C. HARDMAN, 
VILLAGE OF PALM SPRINGS, 
Defendants. 
MOTION FOR FINAL SUMMARY JUDGMENT OF FORECLOSURE 
Plaintiff, National City Bank, as successor by merger to Fidelity Federal Bank & 
Trust, ("Plaintiff"), by and through its undersigned attorneys and pursuant to 
1.510, moves this Court for entry of Final Summary Judgment against the Defendants, 
Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman, Julie C. 
Hardman and Village of Palm Springs, and as grounds therefore would show as follows: 
1. 
Based on the pleadings and affidavits filed in support of this motion, there 
is no genuine issue of material fact and Plaintiff is entitled, as a matter of law, to a 
judgment of foreclosure on Count I of the Complaint or a judgment for damages on 
Count II of the Complaint, including determination of principal and interest, attorney's 
fees, costs and other charges. 
2. 
The Affidavits filed in this case, show: 
EFTA01112231

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752XXXXMB(AW) 
(a) 
The genuineness of the Loan Documents attached to the Complaint 
(hereinafter "Loan Documents") 
(b) 
Plaintiffs ownership of the Loan Documents and its right to pursue the 
remedies sought in this case under them; 
(c) 
The default of the Defendants under the Loan Documents referred to 
above; 
(d) 
The amounts owed by the Defendants under the Loan Documents 
referred to above; 
(e) 
Plaintiffs reasonable attorney's fees and costs incurred in connection with 
this case. 
(f) 
That Plaintiffs lien is superior to the lien of the other Defendants. 
3. 
Pursuant to the terms of the Loan Documents, Plaintiff is entitled to a 
judgment of foreclosure on the Mortgage attached to the Complaint as Exhibit "B" or a 
judgment for damages against, Hardman Development Corp., Stephen R. Alexander, 
Michael T. Hardman and Julie C. Hardman pursuant to the Promissory Note attached to 
the Complaint as Exhibit "A" and the Guaranties attached to the Complaint as Exhibits 
"D", "E" and "F". 
4. 
Count I seeks to foreclose a Mortgage and seeks for the Court to retain 
jurisdiction to enter a deficiency judgment against the makers of the Note and the 
Guarantors of the Note. Count II is an action for damages based upon the breach of the 
Promissory Note and the Guaranties of the Promissory Note. 
5. 
All conditions precedent to the claims made by Plaintiff in this case have 
been performed or have occurred, and all of the material elements of the causes of 
action claimed by Plaintiff in this case have been established by the record in support of 
this Motion. 
8 
EFTA01112232

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752XXXXMB(AW) 
6. 
Plaintiff reserves its right to seek a deficiency judgment against the 
Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman 
and Julie C. Hardman pursuant to Count I of the Complaint. 
7. 
In reply to the First Affirmative Defense of the Defendant, Stephen R. 
Alexander, said Defendant has waived his right to assert any defenses afforded him by 
Fla.Stat. §673.491 and §673.6051. The Guaranty signed by Stephen Alexander waives 
his right to assert the defenses available under Florida Statute §673.4191 and 
§673.6051. 
The waiver language appears at page 2 of the Guaranty under 
"GUARANTOR'S WAIVERS." Furthermore, Defendant, Stephen Alexander, authorized 
National City Bank to take all actions which it has taken with respect to the Loan. This 
authorization is set forth in the Guaranty under the paragraph captioned 
"GUARANTOR'S AUTHORIZATION TO LENDER." 
8. 
In reply to the Second Affirmative Defense of the Defendant, Stephen R. 
Alexander, the facts alleged in the defense fail to assert an affirmative defense. 
Furthermore, Plaintiff did accept the Guaranty. 
9. 
In reply to the Third Affirmative Defense of the Defendant, Stephen R. 
Alexander, said Defendant waived his right to assert that: "the Plaintiff agreed to an 
extension of the due date of the obligation being sued upon which caused loss to the 
Defendant." Defendant, Stephen Alexander, specifically authorized Plaintiff to extend 
the due date of the obligation being sued upon under the Guaranty at the section at 
page 1, captioned "GUARANTOR'S AUTHORIZATION TO LENDER." Furthermore, 
Defendant, Stephen Alexander waived his right to assert this as a defense under the 
8 
EFTA01112233

National City Bank v. Hardman Development Corp.. et al 
Case No: 502009CA024752XXXXMB(AW) 
language at page 2 of the Guaranty at the paragraph captioned "GUARANTOR'S 
WAIVERS." 
10. 
In reply to the Fourth Affirmative Defense of the Defendant, Stephen R. 
Alexander, said Defendant has waived his right to assert that Plaintiff agreed to material 
modifications of the obligation being sued upon which caused a loss to the Defendant. 
Defendant, Stephen Alexander, specifically agreed that the Plaintiff could modify the 
obligation being sued upon and further waived his right to assert the Fourth Affirmative 
Defense. The authorization is set forth at page 1 of the Guaranty under the section 
captioned "GUARANTOR'S AUTHORIZATION TO LENDER." 
Defendant, Stephen 
Alexander's waiver of the affirmative defense appears at page 2 of the Guaranty under 
the paragraph captioned: "GUARANTOR'S WAIVERS." 
11. 
In reply to the Fifth Affirmative Defense of the Defendant, Stephen R. 
Alexander, said Defendant has waived his right to assert this Fifth Defense in the 
Guaranty. 
Specifically, Stephen Alexander at page 2 of the Guaranty under the 
paragraph captioned: "GUARANTOR'S WAIVERS" specifically waived any and all rights 
of defenses based on suretyship or impairment of the collateral. 
12. 
In reply to the Sixth Affirmative Defense of the Defendant, Stephen R. 
Alexander, said Defendant has waived his right to assert this Sixth Defense at page 2 of 
the 
Guaranty 
under 
the language 
captioned: 
"GUARANTOR'S WAIVERS." 
Furthermore, there is no law which entitles the Defendant to a right of set off for monies 
owed by the Defendant, Michael Hardman, to the Plaintiff on Defendant's behalf as a 
result of a Promissory Note signed by the Defendant, Michael Hardman, in the amount 
8 
EFTA01112234

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752XXXXMB(AW) 
of $550,000.00. The Guaranty being referred to in the Reply to these Affirmative 
Defenses is attached to the Complaint as Exhibit "D". 
13. 
In reply to the First Affirmative Defense of the Defendants, Hardman 
Development Corp., Michael T. Hardman and Julie C. Hardman, the Plaintiff has 
standing to pursue this action as the successor by merger to Fidelity Federal Bank & 
Trust. 
12 U.S.C. § 215a, et seq. addresses the merger of national banks or State banks 
into national banks. Specifically, 12 U.S.C. § 215a(e) addresses the effect of merger on 
the resulting financial entity. 12 U.S.C. § 215a(e) states, 
The corporate existence of each of the merging banks or banking 
associations participating in such merger shall be merged into and 
continued in the receiving association and such receiving association shall 
be deemed to be the same corporation as each bank or banking 
association participating in the merger. All rights, franchises, and interests 
of the individual merging banks or banking associations in and to every 
type of property (real, personal, and mixed) and choses in action shall be 
transferred to and vested in the receiving association by virtue of such 
merger without any deed or other transfer. The receiving association, 
upon the merger and without any order or other action of the part of the 
court or otherwise, shall hold and enjoy all rights of property, franchises, 
and interests, including appointments, designations, and nominations, and 
all other rights and interests as trustee, executor, administrator, registrar 
of stocks and bonds, guardian of estates, assignee, receiver, and 
committee of estates of lunatics, and in every other fiduciary capacity, in 
the same manner and to the same extent as such rights, franchises, and 
interests were held or enjoyed by any one of the merging banks or 
banking associations at the time of the merger. (Emphasis supplied). 
Therefore, on the date of the abovementioned merger, all property of Fidelity 
Federal, including all rights, franchises, and interests it had in and to every type of 
property (real, personal, and mixed) and choses in action, were immediately vested in 
and continued to be the property of National City Bank, by virtue of the merger and 
without any deed or transfer or any order or other action on the part of the court. 
8 
EFTA01112235

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752J<XXXMB(AW) 
14. 
In reply to the Second Affirmative Defense of the Defendants, Hardman 
Development Corp., Michael T. Hardman and Julie C. Hardman, the Defendants waived 
their right to assert any discharge pursuant to Fla.Stat. §673.4191 or 673.6051. The 
Guaranties signed by Defendants, Michael T. Hardman and Julie C. Hardman waived 
their right to assert the defenses available under Fla.Stat. §673.4191 and 673.6051. 
The waiver language appears at page 2 of the Guaranties under "GUARANTOR'S 
WAIVERS." Furthermore, Defendants, Michael T. Hardman and Julie C. Hardman, 
authorized National City Bank to take all actions which it has taken with respect to the 
Loan. This authorization is set forth in the Guaranty under the paragraph captioned 
"GUARANTOR'S AUTHORIZATION TO LENDER." 
The defenses in Fla.Stat. 
§673.4191 and 673.6051 do not apply to the Promissory Note and Mortgage executed 
by Hardman Development Corp. The Note and Mortgage were not signed as an 
accommodation but are the primary obligations. Furthermore, Hardman Development 
Corp. is not an endorser or accommodation party as defined in Fla.Stat. §673.6051. 
15. 
The lien of the Village of Palm Springs is subordinate to Plaintiff's interest 
in the property as Plaintiffs Mortgage was recorded before the Final Consolidation 
Order Assessing Fines and Claims of Lien recorded by the Village of Palm Springs 
Code Enforcement on October 3, 2008. 
WHEREFORE, Plaintiff prays that this Court enter a Final Judgment of 
Foreclosure under Count I against Defendants, Hardman Development Corp., Stephen 
R. Alexander, Michael T. Hardman, and Julie C. Hardman for all sums due, including 
interest, and that this Court further award attorney's fees and costs, and that this Court 
reserve jurisdiction to enter further orders as are proper, including without limitation 
8 
EFTA01112236

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752XXXXMB(AW) 
Writs of Possession and a Deficiency Judgment against the Defendants, Hardman 
Development Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman, 
that the Court adjudicate Plaintiff's interest in the Mortgaged Property as superior to any 
right, title or interests claimed by any Defendants, and for such other further relief as 
this court may deem just and proper. 
Alternatively, Plaintiff requests that this Court enter under Count II of the 
Complaint a Judgment for Damages against the Defendants, Hardman Development 
Corp., Stephen R. Alexander, Michael T. Hardman and Julie C. Hardman, for all sums 
due and owing under the Loan Documents, including interest, attorney fees and costs 
and such other further relief as this Court may deem just and proper. 
In the alternative to the foregoing, Plaintiff requests that this Court enter an order 
specifying the facts that appear without substantial controversy, and that the facts so 
specified shall be deemed established, and the trial or final hearing shall be conducted 
accordingly. 
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to 
Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, ■, 701 Northpoint Pkwy., Ste. 
209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, 
2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent 
Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this 
day of 
8 
EFTA01112237

National City Bank v. Hardman Development Corp.. et at 
Case No: 502009CA024752XXXXMB(AW) 
December, 2010. 
JONES, FOSTER, JOHNSTON & STUBBS, in 
Attorneys for National City Bank 
505 S. Flagler Drive, Ste. 1200 
West Palm Beach, Fl 33401 
Telephone: (561) 650-0438 
Facsimile: (561) 650-0412 
By: 
P:DOCS\113041001021PLO‘1776777.DOC 
-Sl
Michael T. Kranz 
Florida Bar No: 351180 
mkranz
EFTA01112238

IN 
THE 
CIRCUIT 
COURT 
OF 
THE 
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR 
PALM BEACH COUNTY, FLORIDA 
CASE NO: 502009CA024752XXXXMB (AW) 
NATIONAL CITY BANK, successor 
by merger to Fidelity Federal Bank & 
Trust, 
Plaintiff, 
v. 
HARDMAN DEVELOPMENT CORP., 
STEPHEN R. ALEXANDER, MICHAEL 
T. HARDMAN, JULIE C. HARDMAN, 
VILLAGE OF PALM SPRINGS, 
Defendants. 
AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT 
BEFORE ME, the undersigned authority, personally appeared Shawn Khol, who 
first being duly sworn and deposed, states as follows: 
1. 
My name is Shawn Khol and I am employed as an Assistant Vice 
President of PNC Bank, National Association, successor by merger to National City 
Bank successor by merger to Fidelity Federal Bank & Trust ("National City"). I am one 
of the persons who has monitored the collections of the amounts due and owing Plaintiff 
from Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. 
Hardman, Julie C. Hardman and Village of Palm Springs. 
2. 
I make this Affidavit from my own personal knowledge or that knowledge 
gained from reviewing the business records of the Plaintiff, which records I know to be 
kept in the ordinary course and scope of business of the Plaintiff for the business 
EFTA01112239

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752XXXXMB(AVV) 
purposes of the Plaintiff and to be made by a person with personal knowledge as 
information is transmitted to him or her. 
3. 
I have supervision over this account. 
4. 
Plaintiff, National City Bank ("National City") is the successor by merger to 
Fidelity Federal Bank & Trust and is a national bank authorized to do business in Palm 
Beach County, Florida. 
5. 
Defendant, Hardman Development Corp. is a Florida corporation 
authorized to do business in Palm Beach County. 
6. 
Defendant, Stephen R. Alexander, is a resident of Palm Beach County, 
Florida and is over 18 years of age. 
7. 
Defendant, Michael T. Hardman, is a resident of Palm Beach County, 
Florida and is over 18 years of age. 
8. 
Defendant, Julie E. Hardman, is a resident of Palm Beach County, Florida 
and is over 18 years of age. 
9. 
On or about September 1, 2007, Defendant, Hardman Development 
Corp., executed and delivered to Plaintiff a Promissory Note in the principal amount of 
$1,462,500.00. A copy of the Promissory Note is attached to the Complaint as Exhibit 
10. 
To secure payment of the Promissory Note, on or about September 1, 
2006, Defendant, Hardman Development Corp., executed and delivered to Plaintiff a 
Mortgage which mortgaged the real property described therein which was then owned 
by Defendant, Hardman Development Corp. 
The Mortgage was duly recorded in 
6 
EFTA01112240

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752XXXXMB(AVV) 
Official Record Book 20827, Page 1818, Public Records of Palm Beach County, Florida. 
A copy of the Mortgage is attached to the Complaint as Exhibit "B". 
11. 
On or about September 1, 2006, Defendant, Hardman Development 
Corp., to secure payment of the Promissory Note, executed an Assignment of Rents in 
favor of Plaintiff. A copy of the Assignment of Rents is attached to the Complaint as 
Exhibit "C". The Assignment of Rents was duly recorded at Official Record Book 20827, 
Page 1826, Public Records of Palm Beach County, Florida. 
12. 
On or about September 1, 2006, Defendant Stephen R. Alexander, 
executed a Commercial Guaranty which guaranteed payment of the Promissory Note 
and Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as 
Exhibit "0". 
13. 
On or about September 1, 2006, Defendant Michael T. Hardman, 
executed a Commercial Guaranty which guaranteed payment of the Promissory Note 
and Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as 
Exhibit "E". 
14. 
On or about September 1, 2006, Defendant Julie E. Hardman, executed a 
Commercial Guaranty which guaranteed payment of the Promissory Note and 
Mortgage. A copy of the Commercial Guaranty is attached to the Complaint as Exhibit 
15. 
Defendants, Hardman Development Corp., Stephen R. Alexander, 
Michael T. Hardman and Julie C. Hardman are in default under the terms of the 
Promissory Note, Mortgage and Guaranties as a result of the Defendants failure to pay 
the entire amount due under the Loan Documents on September 1, 2008. 
6 
EFTA01112241

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752)0O0(MB(AW) 
16. 
On November 18, 2008, Plaintiff demanded full payment of the amounts 
due under the Promissory Note and Mortgage and Commercial Guaranties be paid by 
Defendants, Hardman Development Corp., Stephen R. Alexander, Michael T. Hardman 
and Julie C. Hardman. 
17. 
Despite demand, Defendants, Hardman Development Corp., Stephen R. 
Alexander, Michael T. Hardman and Julie C. Hardman have failed to make any 
payments to Plaintiff. 
18. 
Defendant, Hardman Development Corp., is in default under the terms of 
the Promissory Note, Mortgage and Assignment of Rents. 
19. 
Defendants, Stephen R. Alexander, Michael T. Hardman and Julie C. 
Hardman are in default under the terms of their Commercial Guaranties. 
20. 
All sums due and owing under the Promissory Note, Mortgage and 
Commercial Guaranties are due and payable. 
21. 
Defendants, Hardman Development Corp., Stephen R. Alexander, 
Michael T. Hardman and Julie C. Hardman owe Plaintiff the principal sum of 
$1,420,487.33 plus interest in the amount of $49,874.28 through November 19, 2008, 
with interest thereafter at the default rate of 16% per annum ($631.22 per day), attorney 
fees, court costs, title search expenses and such other charges and expenses which 
may be incurred incident to the enforcement of the obligations under the Promissory 
Note, Mortgage, Assignment of Rents and Commercial Guaranties. 
22. 
The Mortgaged Property is now owned by Defendant, Hardman 
Development Corp. 
6 
EFTA01112242

National City Bank v. Hardman Development Corp.. et al 
Case No: 502009CA024752XXXXMB(AVV) 
23. 
Plaintiff owns and holds the Promissory Note, Mortgage, Assignment of 
Rents and Commercial Guaranties. 
24. 
All conditions precedent to bring this cause of action have been performed 
or have occurred. 
25. 
Plaintiff is obligated to pay its undersigned attorneys a reasonable fee for 
their services. 
26. 
Defendant, Village of Palm Springs, may claim some right, title or interest 
in the Mortgaged Property for reasons including but not limited to that certain Final 
Consolidated Order Assessing Fines and Claims of Lien entered by the Village of Palm 
Springs Code Enforcement on October 3, 2008 which was recorded in Official Record 
Book 22915 at Page 1753 of the Public Records of Palm Beach County, Florida. A 
copy of the Final Consolidated Order Assessing Fines and Claims of Lien is attached to 
the Complaint as Exhibit "F". Any right, title or interest of Village of Palm Springs in the 
Mortgaged Property is inferior to that of Plaintiff. 
FURTHER AFFIANT SAYETH NAUGHT. 
Shawn Khol, Assistant Vice President 
STATE OF FLORIDA 
COUNTY OF ORANGE 
Before me, the undersigned authority, personally appeared Shawn Khol as a 
Assistant Vice President of PNC Bank, National Association, successor by merger to 
National City Bank, to me well known and known to me to be the person described in 
and who executed the foregoing instrument, and acknowledged to and before me that 
he executed said instrument for the purposes therein expressed. 
WITNESS my hand and official seal this  1(i  day of December, 2010. 
6 
EFTA01112243

National City Bank v. Hardman Development Corp.. et al 
Case No: 502009CA024752)00(XMB(AVV) 
Not. ry Public Male of Mode 
tidttCal R Dyczek 
•:, Commission EE001664 
07/17/2014 
&Pie%
Notary Pudic S:ete of Floods 
Nicole 
Dyczek 
My Commission EE001664 
IF Expires 07/17f2014 
Print Name: 
NICO 
Notary Public, State of Florida 
My commission expires: 
IFY that a true and correct copy of the foregoing was mailed to 
Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, E., 701 Northpoint Pkwy., Ste. 
209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, E., 
2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent 
Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this 
day of December, 
2010. 
PADOCSV113O45OO1O21PLCM776779.DOC 
JONES, FOSTER, JOHNSTON & STUBBS, E. 
Attorneys for National City Bank 
505 S. Flagler Drive, Ste. 1200 
West Palm Beach, Fl 33401 
Telephone: (561) 650-0438 
Facsimile: (561) 650-0412 
By: 
() 1
Michael T. Kranz 
Florida Bar No: 351180 
mI
sa 
6 
EFTA01112244

IN 
THE 
CIRCUIT 
COURT 
OF 
THE 
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR 
PALM BEACH COUNTY, FLORIDA 
CASE NO: 502009CA024752XXXXMB (AW) 
NATIONAL CITY BANK, successor 
by merger to Fidelity Federal Bank & 
Trust, 
Plaintiff, 
v. 
HARDMAN DEVELOPMENT CORP., 
STEPHEN R. ALEXANDER, MICHAEL 
T. HARDMAN, JULIE C. HARDMAN, 
VILLAGE OF PALM SPRINGS, 
Defendants. 
AFFIDAVIT IN SUPPORT OF AN AWARD 
OF ATTORNEY'S FEES 
BEFORE ME, the undersigned authority, personally appeared MICHAEL T. 
KRANZ, who, first being duly sworn, deposes and says: 
1. 
My name is Michael T. Kranz. I am employed with the law firm of Jones, 
Foster, Johnston & Stubbs, 
505 South Flagler Drive, Suite 1200, West Palm 
Beach, Florida 33401, representing the Plaintiff in this action; and I have personal 
knowledge of the facts contained in this Affidavit. 
2. 
I am the attorney of record representing the Plaintiff in this action, and I 
have prosecuted this cause on behalf of said Plaintiff. 
3. 
As shown in the itemization below, the firm has expended approximately 
65.0 hours of attorney time and 13.0 hours of paralegal time in the preparation and 
prosecution of this case to date at the following hourly rates: 
EFTA01112245

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752XXXXMB(AW) 
ATTORNEY 
RATE PER HOUR 
HOURS 
TOTAL 
Michael T. Kranz (MTK) 
$300.00 
32.2 
$9,660.00 
Christopher B. Cortez (CBC) 
$200.00 
32.3 
$6,460.00 
Christopher B. Cortez (CBC) 
$225.00 
.5 
$112.50 
PARALEGAL 
Laura L. McNeill (LKM) 
$140.00 
10.0 
$1,369.50 
Mindy S. Halley (MSH) 
$140.00 
3.0 
$420.00 
and based on my experience in, and knowledge of mortgage foreclosure and collection 
matters, anticipates spending an additional 3.0 hours of attorney time at $300.00 per 
hour through entry of Final Judgment of Foreclosure against the Defendants herein, for 
a total of 68.0 attorney hours, which represents a total of $17,132.50 of attorney's fees 
and $1,789.50 of paralegal's fees. The hourly rates reflected above are 76% of Michael 
Kranz' standard hourly rates, 93% of Christopher B. Cortez' standard hourly rates and 
100% of paralegal's standard hourly rates. A copy of the billing records reflecting the 
time spent in representing the Plaintiff in this action is attached hereto. 
4. 
Plaintiff has agreed to pay the firm of Jones, Foster, Johnston & Stubbs, 
E. the hourly rates shown above for attorney time and paralegal time. 
Michael T. Kranz 
Florida Bar No. 351180 
STATE OF FLORIDA 
COUNTY OF PALM BEACH 
The foregoin Affidavt was sworn to, subscribed, and acknowledged before me 
this Al  day of 
 , 2010, by Michael T. Kranz. 
He is personally known 
to me. 
Notary Public 
Print Name: Donna 
o 
DONNA STUMM 
Cernittit:o, OD 822S64 
tee:. Oacoer 
2t1t2 
3 
•••••D, 
EFTA01112246

National City Bank v. Hardman Development Corp., et al 
Case No: 502009CA024752XXXXMB(AW) 
My commission expires: 
I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to 
Christy L. Goddeau, Esq., Glen J. Torcivia and Assoc, ■., 701 Northpoint Pkwy., Ste. 
209, West Palm Beach, FL 33407, Mark A. Cullen, Esq., The Cullen Law Firm, ■., 
2090 Palm Beach Lakes Blvd., Ste. 500, West Palm Beach, FL 33409 and W. Trent 
Steele, Esq., 8902 SE Bridge Road, Hobe Sound, FL 33455, this fday of December, 
2010. 
JONES, FOSTER, JOHNSTON & STUBBS, ■. 
Attorneys for National City Bank 
505 S. Flagler Drive, Ste. 1200 
West Palm Beach, Fl 33401 
Telephone: (561) 650-0438 
Facsimile: (561) 650-0412 
By: 
7 16
-
Michael T. Kranz 
Florida Bar No: 35118 
mkranz 
P:IDOCS V1130410010ZPLD11776785.DOC 
3 
EFTA01112247

Jones. Foster. Johnston & Stubbs.k. 
Run: 12/10/2010 11:13:00 AM 
Matter Ledger Report 
1/1/1970 to 12/10/2010 
Page 1 
File: MLDGR 
Code 
Name 
Inll Atty 
MTK 
MICHAEL T. KRANZ 
Client 11304 
PNC Bankit. fka National City Bank fka Fidelity 
Bill Atty 
MTK 
MICHAEL T. KRANZ 
Matter 00102 
National City v. Hardman Development Corp. 
Resp Atty MTK 
MICHAEL T. KRANZ 
Unbilled Time 
Code 
Name 
Date 
Code 
Hours 
$ Value Task 
Ref # 
Text 
t4TK 
MICHAEL T. KRANZ 
10/07/10 
B 
0.10 
30.00 
19C0078 
RECEIVE AND REVIEW EMAIL FROM SHAWN KOHL 
AND PREPARE EMAIL TOP SHAWN KOHL. 
MTK 
MICHAEL T. KRANZ 
11/10/10 
B 
0.20 
60.00 
19L5299 
TELEPHONE CONFERENCE WITH SHAWN KOHL. 
MTK 
MICHAEL T. KRANZ 
12/08/10 
B 
0.50 
150.00 
19R8093 
PREPARE AND REVIEW MOTION FOR FINAL 
JUDGMENT OF FORECLOSURE. 
MTK 
MICHAEL T. KRANZ 
12/08/10 
B 
0.30 
90.00 
19R8095 
PREPARE AND REVIEW AFFIDAVIT OF SHAWN KOHL. 
MTK 
MICHAEL T. KRANZ 
12/08/10 
B 
0.20 
60.00 
19R8097 
CORRESPONDENCE TO SHAWN KOHL. 
MTK 
MICHAEL T. KRANZ 
12/08/10 
B 
0.10 
30.00 
19R8100 
PREPARE AND REVIEW ATTORNEY FEE AFFIDAVIT. 
MTK 
MICHAEL T. KRANZ 
12/08/10 
B 
0.10 
30.00 
19R8101 PREPARE AND REVIEW AFFIDAVIT OF PETER 
BERNHARDT. 
MTK 
MICHAEL T. KRANZ 
12/08/10 
B 
0.50 
150.00 
19R8105 
PREPARE AND REVIEW FINAL JUDGMENT. 
MTK 
MICHAEL T. KRANZ 
12/08/10 
B 
0.20 
60.00 
19R8106 
PREPARE AND REVIEW NOTICE TO SET CASE FOR 
TRIAL. 
Billable 
2.20 
660.00 
Non-Billable 
0.00 
0.00 
Suppressable 
0.00 
0.00 
Total 
2.20 
660.00 
Billed Time 
Code 
Name 
Date 
Code 
Hours 
$ Value Task 
Ref # 
Text 
MTK 
MICHAEL T. KRANZ 
10/09/08 
B 
0.40 
120.00 
1440885 
INITIAL REVIEW & SETUP 
MTK 
MICHAEL T. KRANZ 
10/16/08 
B 
0.10 
30.00 
1448113 
TELEPHONE CONFERENCE WITH BRANDT HARDY 
MTK 
MICHAEL T. KRANZ 
10/30/08 
8 
0.10 
30.00 
1477811 
REVIEW FILE 
MTK 
MICHAEL T. KRANZ 
10/30/08 
B 
0.10 
30.00 
1477845 
RECEIVE AND REVIEW E-MAIL FROM CLAUDIA 
MURPHY 
MTK 
MICHAEL T. KRANZ 
11/17/08 
B 
1.20 
360.00 
14D4529 
REVIEW LOAN DOCUMENTS: TELEPHONE 
CONFERENCE WITH CLAUDIA MURPHY; 
CORRESPONDENCE TO BORROWER AND 
GUARANTORS: CORRESPONDENCE TO CLAUDIA 
MURPHY: CORRESPONDENCE TO LAURA MCNEIL. 
MTK 
MICHAEL T. KRANZ 
11/17/08 
B 
0.10 
30.00 
14D4677 
RECEIVE AND REVIEW EMAIL FROM CLAUDIA 
MURPHY. 
MTK 
MICHAEL T. KRANZ 
11/18/08 
B 
0.20 
60.00 
14D7549 
RECEIVE AND REVIEW EMAIL FROM CLAUDIA 
MURPHY; CORRESPONDENCE TO HARDMAN 
DEVELOPMENT. 
MTK 
MICHAEL T. KRANZ 
11/18/08 
B 
0.10 
30.00 
14D7567 
RECEIVE AND REVIEW EMAILS FROM CLAUDIA 
MURPHY AND PREPARE EMAILS TO CLAUDIA 
MURPHY. 
LKM 
LAURA MCNEILL-PARA 11/19108 
B 
0.80 
108.00 
14E7819 
RECEIVE AND REVIEW EMAIL FROM M. KRANZ; 
PREPARE AND REVIEW TAX SEARCHES 
LKM 
LAURA MCNEILL-PARA 11/25/08 
B 
0.40 
54.00 
14F5195 
PREPARE AND REVIEW TITLE SEARCH 
MTK 
MICHAEL T. KRANZ 
12/01/08 
B 
0.10 
30.00 
1461623 RECEIVE AND REVIEW LETTER FROM TRENT STEELE 
MTK 
MICHAEL T. KRANZ 
12/04/08 
B 
0.10 
30.00 
1466597 RECEIVE AND REVIEW E-MAIL FROM CLAUDIA 
MURPHY AND PREPARE E-MAIL TO CLAUDIA MURPHY 
MTK 
MICHAEL T. KRANZ 
12/04/08 
B 
0.20 
60.00 
1466601 TELEPHONE CONFERENCE WITH CLAUDIA MURPHY 
MTK 
MICHAEL T. KRANZ 
12/05/08 
B 
0.10 
30.00 
1467241 PREPARE AND REVIEW STATUS REPORT 
MTK 
MICHAEL T. KRANZ 
12/05/08 
B 
0.10 
30.00 
14H0787 
TELEPHONE CONFERENCE WITH TRENT STEELE 
MTK 
MICHAEL T. KRANZ 
12/05/08 
B 
0.10 
30.00 
14H0928 
PREPARE MEMO 
MTK 
MICHAEL T. KRANZ 
12/05/08 
B 
0.10 
30.00 
14H1034 
TELEPHONE CONFERENCE WITH TRENT STEELE 
MTK 
MICHAEL T. KRANZ 
12/08/08 
B 
0.20 
so.00 
14H4791 RECEIVE AND REVIEW LETTER FROM MICHAEL 
HARDMAN; CORRESPONDENCE TO CLAUDIA 
MURPHY. 
MTK 
MICHAEL T. KRANZ 
12/10/08 
B 
0.10 
30.00 
14148798 
PREPARE MEMO TO CLAUDIA MURPHY.
MTK 
MICHAEL T. KRANZ 
12/10/08 
B 
0.10 
30.00 
14H8858 
OFFICE CONFERENCE WITH CLAUDIA MURPHY. 
EFTA01112248