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Filing # 115667360 E-Filed 10/27/2020 11:56:25 AM
IN. THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA.
DEUTSCHE BANK NATIONAL TRUST CASE NO. CACE-19-026084.
COMPANY, AS TRUSTEE FOR AMERIQUEST
MORTGAGE SECURITIES INC., ASSET-BACKED
PASS-THROUGH CERTIFICATES, SERIES ARSI
2006-M3,
Plaintiff,
VS.
SUZANNE A. LEVENE A/K/A SUZANNE
LEVENE, et al.
Defendants
PLAINTIFF’S RENEWED MOTION FOR COURT DEFAULT
Plaintiff, WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE
LOAN TRUST, SERIES 2006-FRE] ASSET-BACKED PASS-THROUGH CERTIFICATES, by and
through its undersigned counsel, hereby moves this Court for entry of a default by the Court against
Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE, and in support thereof states:
1. On December 28, 2019, Plaintiff served Defendant, SUZANNE A. LEVENE A/K/A SUZANNE
LEVENE, with the Foreclosure Complaint.
2. On January 22, 2020, Defendant SUZANNE A. LEVENE A/K/A SUZANNE LEVENE filed a
Motion for Enlargement of Time to respond to the Plaintiff's Complaint.
3. On February 11, 2020, this Court entered an Agreed Order granting Defendant’s Motion for
Enlargement of Time, allowing ten (10) days for Defendant, SUZANNE A. LEVENE A/K/A
SUZANNE LEVENE to file a responsive pleading. A copy of the Motion for Enlargement of
Time Order is attached hereto as Exhibit “A”.
4. On or about March 19, 2020, Defendant SUZANNE A. LEVENE A/K/A SUZANNE LEVENE
filed a Motion to Dismiss Plaintiff's Mortgage Foreclosure Complaint or, in the Alternative
Motion to Stay.
5. On September 9, 2020, this Court entered an Agreed Order granting Defendant’s Motion to
Dismiss Plaintiff's Mortgage Foreclosure Complaint or, in the Alternative Motion to Stay,
directing Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE to file an Answer to
the Plaintiff's Complaint by September 29, 2020. A copy of the Order on Defendant’s Motion to
Dismiss Complaint is attached hereto as Exhibit “B”.
6. Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE has yet to file her Answer to
the Plaintiff's Complaint in violation of this Court’s order.
PHH14948-19/ase
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/27/2020 11:56:25 AM.****7. Plaintiff asks this Court to enter a default against Defendant, SUZANNE A. LEVENE A/K/A
SUZANNE LEVENE pursuant to Fla. R. Civ. P. 1.500(b), which states:
When a party against whom affirmative relief is sought has failed to plead or otherwise defend as
provided by these rules or any applicable statute or any order of court, the court may enter a
default against such party; provided that if such party has filed or served any paper in the action,
that party shall be served with notice of the application for default.
WHEREFORE, Plaintiff respectfully requests that this Court grant its Renewed Motion for
Court Default, as well as for such further relief this Court deems just and proper.
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to the parties and
attorneys of record as shown on the attached service list. The service was completed on this 27th day of
October, 2020. On the service list, if an email address is designated for a party, then that party was served
via email only. If no email address is listed for that defendant on the service list, then that party was
served via regular U.S. Mail.
VAN NESS LAW FIRM, PLC
1239 E. Newport Center Drive, Suite 110
Deerfield Beach, Florida 33442
Ph: (954) 571-2031
PRIMARY EMAIL: Pleadings@vanlawfl.com
Is) Tamme Catderoue
Tammi M. Calderone, Esq.
Bar Number: 84926
CASE NO: CACE-19-026084
SERVICE LIST
ODALYS M. IBRAHUM, ESQ.
IBRAHIM LAW P.A.
11200 PINES BLVD., SUITE 200
PEMBROKE PINES, FL 33026
ATTORNEY FOR SUZANNE A. LEVENE A/K/A SUZANNE LEVENE
Email: pleadings@ibrahimlawpa.com
ELAINE M. GATSOS, ESQ.
LAW OFFICE OF ELAINE M. GATSOS
5541 N. UNIVERSITY DRIVE, SUITE 102
CORAL SPRINGS, FL 33067
ATTORNEY FOR OAKBROOK CONDOMINIUM ASSOCIATION, INC.
Email: emgatsos@aol.com, realestategatsos@aol.com
SYNCHRONY BANK
F/K/A GE MONEY BANK, A CORPORATION
F/K/A GE CAPITAL CONSUMER CARD CO.
140 WEKIVA SPRINGS RD
LONGWOOD, FL 32779
PHH14948-19/aseFiling # 103157475 E-Filed 02/12/2020 02:30:45 AM
Exhibit "A"
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. CACE19026084 DIVISION 11 JUDGE Andrea Gundersen
Deutsche Bank National Trust Company
Plaintiff(s) / Petitioner(s)
v.
Suzanne A. Leven, et al
Defendant(s) / Respondent(s)
/
AGREED ORDER ON DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME
THIS CAUSE came on to be heard on Defendant’s Motion for Enlargement of Time to file a response to
Complaint and the court being fully advised on the premises and the partied having agreed to the terms
of this order, it is
ORDERED AND ADJUDGED as follows:
1. Defendant shall have ten (10) days from the date of this order to file a responsive pleading
to the complaint filed in this action.
DONE and ORDERED in Chambers, at Broward County, Florida on 02-11-2020.
pep ss ue +r 2020 6:02 PM.
CACE19026084 02-11-2020 6:02 PM
Hon. Andrea Gundersen
CIRCUIT JUDGE
Electronically Signed by Andrea Gundersen
Copies Furnished To:
Elaine M Gatsos , E-mail : lauraphillipsemg@aol.com
Elaine M Gatsos , E-mail : emgatsos@aol.com
Elaine M Gatsos , E-mail : realestategatsos@aol.com
John Anthony Van Ness , E-mail : E-Filing@vanlawfl.com
Maya Rubinov , E-mail : pleadings@vanlawfl.com
Odalys M. Ibrahim , E-mail : oibrahim@ibrahimlawpa.com
Odalys M. Ibrahim , E-mail : kathy@ibrahimlawpa.comFiling # 113114461 E-Filed 09/09/2020 09:23:51 PM
Exhibit "B"
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO. CACE19026084 DIVISION 11 JUDGE Andrea Gundersen
Deutsche Bank National Trust Company
Plaintiff(s) / Petitioner(s)
v.
Suzanne A. Leven, et al
Defendant(s) / Respondent(s)
/
AGREED ORDER ON DEFENDANT, SUZANNE A. LEVENE’S MOTION TO
DISMISS COMPLAINT, OR IN THE ALTERNATIVE, MOTION FOR STAY
THIS CAUSE, having come before me upon Defendant, Suzanne A. Levene’s Motion To Dismiss
Complaint, or in the alternative, Motion for Stay,and agreement of the parties and the same having
been considered, and the Court being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED as follows:
1. Defendant's Motion to Dismiss Complaint, or in the alternative, Motion for Stay, is hereby,
DENIED.
2. Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE, shall file her answer to the
Plaintiff's Complaint by September 29, 2020.
DONE and ORDERED in Chambers, at Broward County, Florida on 09-09-2020.
opp nossa 2020 3:55 PM
CACE19026084 09-09-2020 3:55 PM
Hon. Andrea Gundersen
CIRCUIT JUDGE
Electronically Signed by Andrea Gundersen
Copies Furnished To:
Elaine M Gatsos , E-mail : lauraphillipsemg@aol.com
Elaine M Gatsos , E-mail : emgatsos@aol.comCaseNo: CACE19026084
Page 2 of 2
Elaine M Gatsos , E-mail : realestategatsos@aol.com
John Anthony Van Ness , E-mail : E-Filing@vanlawfl.com
John Anthony Van Ness , E-mail : pleadings@vanlawfl.com
LAW OFFICE , E-mail : pleadings@ibrahimlawpa.com
Maya Rubinov , E-mail : pleadings@vanlawfl.com
Odalys M. Ibrahim , E-mail : oibrahim@ibrahimlawpa.com
Odalys M. Ibrahim , E-mail : kathy@ibrahimlawpa.com
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Filing # 115667360 E-Filed 10/27/2020 11:56:25 AM IN. THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. DEUTSCHE BANK NATIONAL TRUST CASE NO. CACE-19-026084. COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES ARSI 2006-M3, Plaintiff, VS. SUZANNE A. LEVENE A/K/A SUZANNE LEVENE, et al. Defendants PLAINTIFF’S RENEWED MOTION FOR COURT DEFAULT Plaintiff, WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-FRE] ASSET-BACKED PASS-THROUGH CERTIFICATES, by and through its undersigned counsel, hereby moves this Court for entry of a default by the Court against Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE, and in support thereof states: 1. On December 28, 2019, Plaintiff served Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE, with the Foreclosure Complaint. 2. On January 22, 2020, Defendant SUZANNE A. LEVENE A/K/A SUZANNE LEVENE filed a Motion for Enlargement of Time to respond to the Plaintiff's Complaint. 3. On February 11, 2020, this Court entered an Agreed Order granting Defendant’s Motion for Enlargement of Time, allowing ten (10) days for Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE to file a responsive pleading. A copy of the Motion for Enlargement of Time Order is attached hereto as Exhibit “A”. 4. On or about March 19, 2020, Defendant SUZANNE A. LEVENE A/K/A SUZANNE LEVENE filed a Motion to Dismiss Plaintiff's Mortgage Foreclosure Complaint or, in the Alternative Motion to Stay. 5. On September 9, 2020, this Court entered an Agreed Order granting Defendant’s Motion to Dismiss Plaintiff's Mortgage Foreclosure Complaint or, in the Alternative Motion to Stay, directing Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE to file an Answer to the Plaintiff's Complaint by September 29, 2020. A copy of the Order on Defendant’s Motion to Dismiss Complaint is attached hereto as Exhibit “B”. 6. Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE has yet to file her Answer to the Plaintiff's Complaint in violation of this Court’s order. PHH14948-19/ase *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/27/2020 11:56:25 AM.****7. Plaintiff asks this Court to enter a default against Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE pursuant to Fla. R. Civ. P. 1.500(b), which states: When a party against whom affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or any applicable statute or any order of court, the court may enter a default against such party; provided that if such party has filed or served any paper in the action, that party shall be served with notice of the application for default. WHEREFORE, Plaintiff respectfully requests that this Court grant its Renewed Motion for Court Default, as well as for such further relief this Court deems just and proper. I HEREBY CERTIFY that a true and correct copy of the foregoing was sent to the parties and attorneys of record as shown on the attached service list. The service was completed on this 27th day of October, 2020. On the service list, if an email address is designated for a party, then that party was served via email only. If no email address is listed for that defendant on the service list, then that party was served via regular U.S. Mail. VAN NESS LAW FIRM, PLC 1239 E. Newport Center Drive, Suite 110 Deerfield Beach, Florida 33442 Ph: (954) 571-2031 PRIMARY EMAIL: Pleadings@vanlawfl.com Is) Tamme Catderoue Tammi M. Calderone, Esq. Bar Number: 84926 CASE NO: CACE-19-026084 SERVICE LIST ODALYS M. IBRAHUM, ESQ. IBRAHIM LAW P.A. 11200 PINES BLVD., SUITE 200 PEMBROKE PINES, FL 33026 ATTORNEY FOR SUZANNE A. LEVENE A/K/A SUZANNE LEVENE Email: pleadings@ibrahimlawpa.com ELAINE M. GATSOS, ESQ. LAW OFFICE OF ELAINE M. GATSOS 5541 N. UNIVERSITY DRIVE, SUITE 102 CORAL SPRINGS, FL 33067 ATTORNEY FOR OAKBROOK CONDOMINIUM ASSOCIATION, INC. Email: emgatsos@aol.com, realestategatsos@aol.com SYNCHRONY BANK F/K/A GE MONEY BANK, A CORPORATION F/K/A GE CAPITAL CONSUMER CARD CO. 140 WEKIVA SPRINGS RD LONGWOOD, FL 32779 PHH14948-19/aseFiling # 103157475 E-Filed 02/12/2020 02:30:45 AM Exhibit "A" IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE19026084 DIVISION 11 JUDGE Andrea Gundersen Deutsche Bank National Trust Company Plaintiff(s) / Petitioner(s) v. Suzanne A. Leven, et al Defendant(s) / Respondent(s) / AGREED ORDER ON DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME THIS CAUSE came on to be heard on Defendant’s Motion for Enlargement of Time to file a response to Complaint and the court being fully advised on the premises and the partied having agreed to the terms of this order, it is ORDERED AND ADJUDGED as follows: 1. Defendant shall have ten (10) days from the date of this order to file a responsive pleading to the complaint filed in this action. DONE and ORDERED in Chambers, at Broward County, Florida on 02-11-2020. pep ss ue +r 2020 6:02 PM. CACE19026084 02-11-2020 6:02 PM Hon. Andrea Gundersen CIRCUIT JUDGE Electronically Signed by Andrea Gundersen Copies Furnished To: Elaine M Gatsos , E-mail : lauraphillipsemg@aol.com Elaine M Gatsos , E-mail : emgatsos@aol.com Elaine M Gatsos , E-mail : realestategatsos@aol.com John Anthony Van Ness , E-mail : E-Filing@vanlawfl.com Maya Rubinov , E-mail : pleadings@vanlawfl.com Odalys M. Ibrahim , E-mail : oibrahim@ibrahimlawpa.com Odalys M. Ibrahim , E-mail : kathy@ibrahimlawpa.comFiling # 113114461 E-Filed 09/09/2020 09:23:51 PM Exhibit "B" IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. CACE19026084 DIVISION 11 JUDGE Andrea Gundersen Deutsche Bank National Trust Company Plaintiff(s) / Petitioner(s) v. Suzanne A. Leven, et al Defendant(s) / Respondent(s) / AGREED ORDER ON DEFENDANT, SUZANNE A. LEVENE’S MOTION TO DISMISS COMPLAINT, OR IN THE ALTERNATIVE, MOTION FOR STAY THIS CAUSE, having come before me upon Defendant, Suzanne A. Levene’s Motion To Dismiss Complaint, or in the alternative, Motion for Stay,and agreement of the parties and the same having been considered, and the Court being otherwise fully advised in the premises, it is hereby: ORDERED AND ADJUDGED as follows: 1. Defendant's Motion to Dismiss Complaint, or in the alternative, Motion for Stay, is hereby, DENIED. 2. Defendant, SUZANNE A. LEVENE A/K/A SUZANNE LEVENE, shall file her answer to the Plaintiff's Complaint by September 29, 2020. DONE and ORDERED in Chambers, at Broward County, Florida on 09-09-2020. opp nossa 2020 3:55 PM CACE19026084 09-09-2020 3:55 PM Hon. Andrea Gundersen CIRCUIT JUDGE Electronically Signed by Andrea Gundersen Copies Furnished To: Elaine M Gatsos , E-mail : lauraphillipsemg@aol.com Elaine M Gatsos , E-mail : emgatsos@aol.comCaseNo: CACE19026084 Page 2 of 2 Elaine M Gatsos , E-mail : realestategatsos@aol.com John Anthony Van Ness , E-mail : E-Filing@vanlawfl.com John Anthony Van Ness , E-mail : pleadings@vanlawfl.com LAW OFFICE , E-mail : pleadings@ibrahimlawpa.com Maya Rubinov , E-mail : pleadings@vanlawfl.com Odalys M. Ibrahim , E-mail : oibrahim@ibrahimlawpa.com Odalys M. Ibrahim , E-mail : kathy@ibrahimlawpa.com