Preview
Filing # 35883846 E-Filed 12/23/2015 03:12:08 PM
IN THE CIRCUIT CQURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
LELY VILLAS | CONDOMINIUM ASSOCIATION
OF NAPLES, INC., a Florida not-for-profit Corporation,
Plaintiff,
v. CASE NO. 14-CA-2716
VINCENT PRINCIPE, JR., UNKNOWN SPOUSE OF
VINCENT PRINCIPE, JR., SUNCOAST SCHOOLS
FEDERAL CREDIT UNION, BOARD OF COUNTY
COMMISSIONERS COLLIER COUNTY, FLORIDA
And UNKNOWN TENANT(S)/OCCUPANT(S),
Defendants.
/
MOTION FOR ISSUANCE OF WRIT OF POSSESSION
Intervenor, Ted Hofferber as Trustee of the 30 Hawaii Blvd. Trust dated, 12-7-2015,
(‘Hofferber’), moves this court for entry of an Order directing the Clerk to issue a Writ of
Possession, and as grounds therefor states:
1. This Court entered a Final Judgment of Foreclosure in the instant action on
November 10, 2015.
2. On December 7, 2015, and as required by the Final Judgment, the Clerk held a
sale of property located at 30 Hawaii Boulevard, Naples, FL 34112, more particularly described
as:
Family Unit 30 of Lely Villas, a condominium, according to the Declaration
of Condominium dated October 29, 1969 recorded in Official Records
Book 333, Pages 290-345 of the Public Records of Collier County,
Florida. Together with all of its appurtenances of according to the
Declaration.
Subject to easements, restrictions and reservations of record. Parcel ID
Number: 55551200003
(the “Property’).
3. No objections to the sale were served.
FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/28/2015 10:23:55 AM4, A Certificate of Title was issued in favor of Intervenor Hofferber.
5. The time for filing objections to the Certificate of Title has expired.
6. Defendant Vincent Principe, Jr. (“Principe”), or someone claiming through him
currently wrongfully retains possession of the Property and has refused to deliver possession to
Intervenor. See Affidavit in Support of Motion for Writ of Possession attached hereto as Exhibit *
“A? .
7. Upon information and belief, there are no tenants residing on the property and
Principe, or someone claiming through Principe is the only inhabitant.
8. Principe was properly served in the instant action as set forth in paragraph
1 of the Final.Judgment of Foreclosure and a default was properly entered against him as set
forth in paragraph 4 of the Final Judgment of Foreclosure.
9. Pursuant to paragraph 11 of the Final Judgment of Foreclosure, the rights and-
claims of all defendants, including Principe, were foreclosed upon confirmation of the sale of the
Property. , ,
10. Pursuant to paragraph 14 of the Final Judgment of Foreclosure, the Court
retained jurisdiction to issue writs of possession.
11. Intervenor is entitled to recover possession of the Property.
12. A proposed Writ of Possession is attached hereto as Exhibit “B’.
GOEDE, ADAMCZYK, DEBOEST &
CROSS, PLLC
a
Stanley A. Bunner, Jr.
Florida Bar No. 0297010.
8950 Fontana Del Sol Way, Suite 100
Naples, FL 34109
239-331-5100- telephone
239-260-7677- facsimile
sbunner@gadclaw.com
mfoster@gadclaw.comCERTIFICATE OF SERVICE
| certify that on this 23rd day December, 2015, | electronically filed the foregoing with the
Florida Courts E-Filing Portal which will send notice of the electronic filing and the foregoing to:
Neil C. Spector, Esq.
Suncoast Schools Federal Credit Union
P.O. Box 800
Tampa, FL 33601
eservicespector@kasslaw.com
Kevin L. Noell, Esq.
Board of County Commissioners, Collier County
3299 E. Tamiami Trail, Suite 800
Naples, FL 34112-5749
kevinnoell@colliergov.net
thomasbaratta@colliergov.net
nancybradley@colliergov.net
Christopher B. O’Connell, Esq.
Goede, Adamezyk, DeBoest & Cross, PLLC
2030 McGregor Blvd.
Fort Myers, FL 33901
coconnell@gadclaw.com
And by regular U.S. Mail to:
Vincent Principe, Jr.
30 Hawaii Blvd.
Naples, FL 34112-6940
Unknown Tenant(s)/Occupant(s)
30 Hawaii Blvd.
Naples, FL 3411206940
By:
Stanley A. Bunner, Jr.IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA’
CIVIL ACTION
LELY VILLAS | CONDOMINIUM ASSOCIATION
OF NAPLES, INC., a Florida not-for-profit Corporation,
Plaintiff,
v. CASE NO. 14-CA-2716 .
VINCENT PRINCIPE, JR., UNKNOWN SPOUSE OF
VINCENT PRINCIPE, JR., SUNCOAST SCHOOLS
FEDERAL CREDIT UNION, BOARD OF COUNTY
COMMISSIONERS COLLIER COUNTY, FLORIDA
And UNKNOWN TENANT(S)/OCCUPANT(S),
Defendants.
/
AFFIDAVIT IN SUPPORT OF MOTION FOR WRIT OF POSSESSION
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, this day appeared Parker Detweiler, who being
first duly sworn, deposes and states: . ,
1. Lam over the age of 18 and have personal knowledge of all the facts stated
herein and their truth and accuracy are correct.
2. On behalf of and at the direction of Ted Hofferber, as Trustee of the 30 Hawaii
Blvd Trust dated 12-7-2015, | inspected the property at 30 Hawaii Boulevard, Naples, FL 34112.
3. As recently as December 23, 2015, Mr. Principe, or his family members, continue
to live in the property and have refused to surrender possession to the Trustee. They have
even torn down the “No Trespassing” signs that | posted on the property on behalf of the
Trustee.
FURTHER AFFIANT SAYETH NAUGHT.
Parker Detweiler
—S=XHIBIT
A
red)
‘tabbles*
}
i\
SWORN TO AND SUBSCRIBED before me in the above county this AQ°“day of
December, 2015 by Parker Detweiler, who [ ] is personally known to me or [,/ produced
Daivers Kicense _ asidentitication and who took an oath.
(SEAL)
““~ LAURAC. STEADMAN
. « MY COMMISSION FF 145897
3 EXPIRES: July 28,2018
*reegat Banded Tau Buget Notary Serves
s
C
lotary Public
Printed Name. \ uch ( SteadmanIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
LELY VILLAS | CONDOMINIUM ASSOCIATION
OF NAPLES, INC., a Florida not-for-profit Corporation,
Plaintiff,
v. : CASE NO. 14-CA-2716
VINCENT PRINCIPE, JR.; UNKNOWN SPOUSE OF
VINCENT PRINCIPE, JR., SUNCOAST SCHOOLS
FEDERAL CREDIT UNION, BOARD OF COUNTY’
COMMISSIONERS COLLIER COUNTY, FLORIDA
And UNKNOWN'TENANT(S)/OCCUPANT(S),
Defendants.
/
WRIT OF POSSESSION
THE STATE OF FLORIDA
To the Sheriff of Collier County, Florida:
YOU ARE COMMANDED to remove Defendant, Vincent Principe, Jr., Unknown
Tenant(s)/Occupant(s) in Possession and all other person(s) from the following described
property in Collier County, Florida:
30 Hawaii Boulevard, Naples, FL 34112
Family Unit 30 of Lely Villas; a condominium, according to the Declaration
of Condominium dated October 29, 1969 recorded in Official Records
Book 333, Pages 290-345 of the Public Records of Collier County,
Florida. Together with all of its appurtenances of according to the
Declaration.
Subject to easements, restrictions and reservations of record. Parcel ID
Number: 55551200003
and to put Intervenor, Ted Hofferber as Trustee of the 30 Hawaii Blvd. Trust dated, 12-7-2015,
in possession of said property. .
DATED on December , 2015.
Dwight E. Brock, Clerk of Courts
By.
Deputy Clerk
(FEET
EXHIBIT
Contact Person:
. Parker Detweiler
(717)449-9508
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Filing # 35883846 E-Filed 12/23/2015 03:12:08 PM IN THE CIRCUIT CQURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION LELY VILLAS | CONDOMINIUM ASSOCIATION OF NAPLES, INC., a Florida not-for-profit Corporation, Plaintiff, v. CASE NO. 14-CA-2716 VINCENT PRINCIPE, JR., UNKNOWN SPOUSE OF VINCENT PRINCIPE, JR., SUNCOAST SCHOOLS FEDERAL CREDIT UNION, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA And UNKNOWN TENANT(S)/OCCUPANT(S), Defendants. / MOTION FOR ISSUANCE OF WRIT OF POSSESSION Intervenor, Ted Hofferber as Trustee of the 30 Hawaii Blvd. Trust dated, 12-7-2015, (‘Hofferber’), moves this court for entry of an Order directing the Clerk to issue a Writ of Possession, and as grounds therefor states: 1. This Court entered a Final Judgment of Foreclosure in the instant action on November 10, 2015. 2. On December 7, 2015, and as required by the Final Judgment, the Clerk held a sale of property located at 30 Hawaii Boulevard, Naples, FL 34112, more particularly described as: Family Unit 30 of Lely Villas, a condominium, according to the Declaration of Condominium dated October 29, 1969 recorded in Official Records Book 333, Pages 290-345 of the Public Records of Collier County, Florida. Together with all of its appurtenances of according to the Declaration. Subject to easements, restrictions and reservations of record. Parcel ID Number: 55551200003 (the “Property’). 3. No objections to the sale were served. FILED: COLLIER COUNTY, DWIGHT E. BROCK, CLERK, 12/28/2015 10:23:55 AM4, A Certificate of Title was issued in favor of Intervenor Hofferber. 5. The time for filing objections to the Certificate of Title has expired. 6. Defendant Vincent Principe, Jr. (“Principe”), or someone claiming through him currently wrongfully retains possession of the Property and has refused to deliver possession to Intervenor. See Affidavit in Support of Motion for Writ of Possession attached hereto as Exhibit * “A? . 7. Upon information and belief, there are no tenants residing on the property and Principe, or someone claiming through Principe is the only inhabitant. 8. Principe was properly served in the instant action as set forth in paragraph 1 of the Final.Judgment of Foreclosure and a default was properly entered against him as set forth in paragraph 4 of the Final Judgment of Foreclosure. 9. Pursuant to paragraph 11 of the Final Judgment of Foreclosure, the rights and- claims of all defendants, including Principe, were foreclosed upon confirmation of the sale of the Property. , , 10. Pursuant to paragraph 14 of the Final Judgment of Foreclosure, the Court retained jurisdiction to issue writs of possession. 11. Intervenor is entitled to recover possession of the Property. 12. A proposed Writ of Possession is attached hereto as Exhibit “B’. GOEDE, ADAMCZYK, DEBOEST & CROSS, PLLC a Stanley A. Bunner, Jr. Florida Bar No. 0297010. 8950 Fontana Del Sol Way, Suite 100 Naples, FL 34109 239-331-5100- telephone 239-260-7677- facsimile sbunner@gadclaw.com mfoster@gadclaw.comCERTIFICATE OF SERVICE | certify that on this 23rd day December, 2015, | electronically filed the foregoing with the Florida Courts E-Filing Portal which will send notice of the electronic filing and the foregoing to: Neil C. Spector, Esq. Suncoast Schools Federal Credit Union P.O. Box 800 Tampa, FL 33601 eservicespector@kasslaw.com Kevin L. Noell, Esq. Board of County Commissioners, Collier County 3299 E. Tamiami Trail, Suite 800 Naples, FL 34112-5749 kevinnoell@colliergov.net thomasbaratta@colliergov.net nancybradley@colliergov.net Christopher B. O’Connell, Esq. Goede, Adamezyk, DeBoest & Cross, PLLC 2030 McGregor Blvd. Fort Myers, FL 33901 coconnell@gadclaw.com And by regular U.S. Mail to: Vincent Principe, Jr. 30 Hawaii Blvd. Naples, FL 34112-6940 Unknown Tenant(s)/Occupant(s) 30 Hawaii Blvd. Naples, FL 3411206940 By: Stanley A. Bunner, Jr.IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA’ CIVIL ACTION LELY VILLAS | CONDOMINIUM ASSOCIATION OF NAPLES, INC., a Florida not-for-profit Corporation, Plaintiff, v. CASE NO. 14-CA-2716 . VINCENT PRINCIPE, JR., UNKNOWN SPOUSE OF VINCENT PRINCIPE, JR., SUNCOAST SCHOOLS FEDERAL CREDIT UNION, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA And UNKNOWN TENANT(S)/OCCUPANT(S), Defendants. / AFFIDAVIT IN SUPPORT OF MOTION FOR WRIT OF POSSESSION STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, this day appeared Parker Detweiler, who being first duly sworn, deposes and states: . , 1. Lam over the age of 18 and have personal knowledge of all the facts stated herein and their truth and accuracy are correct. 2. On behalf of and at the direction of Ted Hofferber, as Trustee of the 30 Hawaii Blvd Trust dated 12-7-2015, | inspected the property at 30 Hawaii Boulevard, Naples, FL 34112. 3. As recently as December 23, 2015, Mr. Principe, or his family members, continue to live in the property and have refused to surrender possession to the Trustee. They have even torn down the “No Trespassing” signs that | posted on the property on behalf of the Trustee. FURTHER AFFIANT SAYETH NAUGHT. Parker Detweiler —S=XHIBIT A red) ‘tabbles* } i\ SWORN TO AND SUBSCRIBED before me in the above county this AQ°“day of December, 2015 by Parker Detweiler, who [ ] is personally known to me or [,/ produced Daivers Kicense _ asidentitication and who took an oath. (SEAL) ““~ LAURAC. STEADMAN . « MY COMMISSION FF 145897 3 EXPIRES: July 28,2018 *reegat Banded Tau Buget Notary Serves s C lotary Public Printed Name. \ uch ( SteadmanIN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION LELY VILLAS | CONDOMINIUM ASSOCIATION OF NAPLES, INC., a Florida not-for-profit Corporation, Plaintiff, v. : CASE NO. 14-CA-2716 VINCENT PRINCIPE, JR.; UNKNOWN SPOUSE OF VINCENT PRINCIPE, JR., SUNCOAST SCHOOLS FEDERAL CREDIT UNION, BOARD OF COUNTY’ COMMISSIONERS COLLIER COUNTY, FLORIDA And UNKNOWN'TENANT(S)/OCCUPANT(S), Defendants. / WRIT OF POSSESSION THE STATE OF FLORIDA To the Sheriff of Collier County, Florida: YOU ARE COMMANDED to remove Defendant, Vincent Principe, Jr., Unknown Tenant(s)/Occupant(s) in Possession and all other person(s) from the following described property in Collier County, Florida: 30 Hawaii Boulevard, Naples, FL 34112 Family Unit 30 of Lely Villas; a condominium, according to the Declaration of Condominium dated October 29, 1969 recorded in Official Records Book 333, Pages 290-345 of the Public Records of Collier County, Florida. Together with all of its appurtenances of according to the Declaration. Subject to easements, restrictions and reservations of record. Parcel ID Number: 55551200003 and to put Intervenor, Ted Hofferber as Trustee of the 30 Hawaii Blvd. Trust dated, 12-7-2015, in possession of said property. . DATED on December , 2015. Dwight E. Brock, Clerk of Courts By. Deputy Clerk (FEET EXHIBIT Contact Person: . Parker Detweiler (717)449-9508