C¡.usn No. PR-II -3238-l

IN RE: ESTATE OF MAX D. HOPPER, DECEASED

IN THE PROBATE COURT

$ $ $ $

JO N. HOPPER

$

Pløintffi

NO.1

$

v.

$ $

JPMORGAN CHASE BANK, N.A. STEPHEN B. HOPPER, LAURA S. \ryASSMER, AND QUAGMIRE, LLC,

$ $ $

Defendønts.

AFFIDAVIT OF ALAN STATE OF

TEXAS

couNTY oF

DALLAS

DALLAS COUNTY, TEXAS

$

S.

LOE\ilINSOHN

S

$ $

BEFORE ME, the undersigned notary public, on this day personally appeared Alan

S.

Loewinsohn, who, after being by me duly sworn, did depose on his oath and state:

1.

My name is Alan S. Loewinsohn. I am overthe age of eighteen (18) years, of sound

mind, have never been convicted of a felony, and am fully competent to testify to the facts contained herein. I have personal knowledge of the facts contained herein, all of which are true and correct.

2.

I am an attorney with Loewinsohn

represents Plaintiff Jo N. Hopper

3.

Flegle Deary Simon LLP ("LFDS"). LFDS

("Plaintiff') in the above-styled action.

Attached to this Affidavit as Exhibit 1 are true and correct copies of select pages

from the Oral and Videotaped Deposition of Tom Cantrill ("Cantrill Deposition"), conducted in the above-styled action on May 25,2016, and the court reporter's certificate.

4.

I attended the Cantrill Deposition.

FURTHER AFFIANT SAYETH NOT.   1

EXHIBIT A

ALAN

S.

LOEWINSOHN

Subscribed and sworn to before me, the undersigned notary public, on September 30, 2016

Public in The State of Texas

DEEOßAH JEATI HARRIS

My Commlsrlon Er9lr¡¡ Junc 22, 2018

My commission

2

for

expir.r,\bùl$

THOT"ÍAS

H.

CANTRTT,L

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CAUSE NO. PR-LL-03238-1

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IN RE:

ESTATE OF MA:T D. HOPPER, DECEASEÐ,

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,JO

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HOPPER,

Plaintiff,

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N.

v {IPMORGAI{ CHASE BAI{K, N.4., STEPTIEN B. HOPPER ANd TJAURA

S.

WASSIVIER,

Defendants.

s

s s s s s s s s s s s s s s

IN THE PROBATE

NO

COURT

L

DALLAS COI'NTY, TEXAS

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ORAI,

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VTDEOTÀPED DEPOSITION TITOI'ÍAS H. CAI{¡:TRII,L ilf,AY 25, 2016

OF'

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H' CAI\ÏÏRILL, produced as a wítness at the instance of the Plaíntiff, and duly Eworn, was taken ín the above-styled and numbered cauEe on May 25, 20L6, from 9207 a.m. to 5:56 p.m., before ilames M. Shaw, RMR, CSR No. L694, ín and for Ehe State of Texas, reported by computerízed stenotlpe machíne at Hunton e WillíamE, L445 Ross Avenue, Suite 3700, Dal,Las, Texas 75202, purEuant to ito N. HopperrE Amended Notíce of Intent to Take OraL Deposåtíon, the Texas RuLes of CívíI Procedure and the provísíons sÈated on the record or attached hereto.   EXHIBIT ORÀL & VIDEOTAPED DEPOSITION OF TIIOMAS

& DIGITAI, VTDEO SERVTCES 1 * 972.263 .4353 [email protected] * FAI(: 972.642.9L67 SHAW REPORTING

THOMAS

H.

CAI{TRTLL

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Okay. ffty, íf the bankrs position was that MrE. Hopper owed any or some of these handwritten aLLocated items in Exhibit 132, did the bank take aLL of the money to pay the entirety of these exhibits from the estaÈe account and none from Mrs. Hopperts sub account? The fee açtreement with the heirs starts off by A. sayíng aJ,J. of the e:æenses are to be charged to the estate, which is what we did. And we are attempting to recover from Mrs. Hopper her allocabLe share of those expenses, which she through her counseL has said that she will contest. If we do recover, they will be credited back to the estate, but the fee agreement is the basis for charging them to the estate initial.J.y. WeLL, did you beJ.ieve the fee agreement A. prevented you from taking the money from Mrs. Hopper's sub account, ttysutr being the bank?

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SHAW REPORTING

E DIGITAI, VIDEO SERVICES

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THOMAS

Ìr.

C"AI{TRTLL

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A. I donrt believe the fee agreement speaks to that subject, and, therefore, the fee agreement obviously not addressing it, ín my opiníon, doeE not prevent uE from doíng so. Then why dídn't, the bank do Eo? O. 4,. Mrs. Hopper objected to any allocatíon of fees or expenEeE to her account, her sub account, or her personally in any form, and we dÍdn't take the money from her account untiL ít became cLear that we were entitled to do Eo. lilhen díd that become cl,ear? Q. A. It hasn't become cLear aE we sít here today. And why do you Eay Ít haEn't become clear as A. you sit here today? A. She contínueE to contest it. It'E in the pleadings of the case t,hat wílL get resolved ín tríal. And untíL we geL a ruling on whether any portíon of the fees can be recovered from MrE. Ilopper and Íf so what & DIGITAL VIDEO SERVICES * * FAX t 972.642.9L67 [email protected] 972.263 .4353 SIIAW REPORTING

THOTUAS

rr.

C.ANTRTT,L

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portíon, not neceEsarily what,'s wrítten on the sheets, itts uncLear. REDACTED

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SHAW REPORTING

& DTGTTAI, VIDEO

SERVICES

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THOIdAS

H.

Cå¡{TRTLL - 5/25/20L6 287

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I further certify that I am neither counseL for, related to, nor employed by any of the parties in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of this actíon. Further certification requirements pursuant fo RuLe 203 of the Texas Code of Civil Procedure wilL be complied with after they have occurred. Certified to by me on this 31st day of May, 20L6.

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M. Shaw, RMR, Texas C Erçiration date : L2 / 3L / 2Ot6 Firm Registration No. 348 ilames

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SHAW REPORTING

E DIGITAI, VIDEO

SERVTCES

444L Carolina Street Grand Prairie, Texas 75052 TolL Free : 877 .223.2997 972.263.4353 Metro: Fax: 972.642.9L67 jmshawGsbcglobaL.net E-mail:

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SIIAVÍ REPORTING

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FA:(

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