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FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
EXHIBIT 9
FILED: NEW YORK COUNTY CLERKCase12/16/2022
Number: 12:00
COCE-16-017553 PM Division:
INDEX
55
NO. 952002/2022
NYSCEF DOC.#
Filing
NO. 21
45304363 E-Filed 08/16/2016 05:01:03 PM RECEIVED NYSCEF: 12/16/2022
IN THE COUNTY COURT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.
MARK WYSOCKI
Plaintiff,
vs.
CHERI ANN PIERSON,
Defendant.
COMPLAINT
COUNT I - EVICTION
Plaintiff, MARK WYSOCKI, sues the Defendant, CHERI ANN PIERSON, and alleges:
1. This is an action for removal of tenant from real property in Broward County, Florida
authorized by Section 83.59, Florida Statutes.
2. Plaintiff is a resident of Broward County, Florida.
3. Defendant, CHERI ANN PIERSON, is suijuris and a resident of Broward County,
Florida.
9*
4. Defendant leases from Plaintiff a studio apartment at 2255 NE Street, Pompano
Beach, Florida, pursuant to a written Lease dated July 3, 2013 (the "Lease"). Defendant is in
possession of a fully executed copy of the Lease.
5. Defendant breached the Lease by failing to make the rental installments due on
August 1, 2016.
6. Plaintiff has made a written demand for payment of the rent or possession of the
premises in accordance with Section 83.56, Florida Statutes. A copy of the notice is attached hereto
as Exhibit "A".
*** BROWARD FL HOWARD CLERK 8/16/2016 5:01:01 PM.****
FILED: COUNTY, FORMAN,
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
7. Plaintiff has complied with allconditions precedent or same have been waived or
excused by the Defendant.
8. Defendant has failed to pay the delinquent rentinstallment due on August 1, 2016 and
has failed to deliver possession of the premises.
WHEREFORE, Plaintiff requests:
a. This Court take jurisdiction of this action under summary procedure provided in
Section 51.011, Florida Statutes, and advance the cause on the calendar in accordance
with Section 83.59, Florida Statutes.
b. Plaintiff be awarded judgment for possession of the leased premises and that
Defendant, CHERI ANN PIERSON, and any and all others in possession, be
removed from the premises.
c. That the Court grant such further relief as is proper.
COUNT II -DAMAGES
8. This is an action for damages not exceeding Five Thousand Dollars ($5,000.00).
Plaintiff realleges and incorporates paragraphs 2, 3, 4, 5, and 6 of Count I.
9. Defendant, CHERI ANN PIERSON, owes Plaintiff forpast due rent in the amount of
Six Hundred Seventy-Five Dollars ($675.00), which was due on August 1, 2016.
WHEREFORE, Plaintiff demands:
a. Judgment entered in favor of Plaintiff, MARK WYSOCKI, and against Defendant,
CHERI ANN PIERSON, for damages, costs of this lawsuit, attorney's fees and
prejudgment interest, and for all additional sums due under the Lease.
b. For such other relief as is just and proper.
DATED this f (a day of August, 2016.
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
MOMBACH, BOYLE HARDIN &
SIMMONS, P.A.
Attorneys for Plaintiff MARK WYSOCKI
100 N.E. Third Avenue, Suite 1000
Ft.Lauderdale, Florida 33301
Telephone: 954) 467-2200
Facsimile; 9 ) 467-2 1
By:
MARK R. WYSOCKI, ESQUIRE
Florida Bar No. 940232
mwysocki@mbhlawyer.com
3
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
THREE (3) DAY NOTICE
DATE: August 10, 2016
TO: Cheri Ann Pierson
And All Others in Possession of
Unit 1A, 2255 N.E. 9 Street
Pompano Beach, Florida 33062
You are hereby notified that you are indebted to Landlord, Mark Wysocki, in the sum of
9"'
$675.00 for the rent and use of the Premises located at 2255 N.E. Street, Pompano Beach,
Broward County, now occupied by you and that demand is hereby made for payment of the rent
or possession of the Premises within three (3) days (excluding Saturdays, Sundays and legal
holidays) from the date of delivery of this Notice, to wit: on or before the 15th day of August,
2016.
Mark Wysocki
3209 Norfolk Street
Pompano Beach, Florida 33062
(954) 5 9 57 7
Mark Wysocki
I HEREBY CERTIFY THAT A COPY OF THIS NOTICE WAS SERVED AS INDICATED
BELOW:
( ) By personally servicing same upon said Tenant.
( ) By posting a copy at the above-described Premises in the absence of said
Tenant.
By: Date:
" "
EXHIBIT
**** FILED: BROWARDCLERK FL Howard C. CLERK 9/7/2016 4:30:00 PM.****
INDEX NO. 952002/2022
FILED: NEW YORK COUNTY COUNTY, 12/16/2022 12:00
Forman, PM
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
* Removal ofTenant + Central
Ann Pierson Defendant
S O C ( M.ru wy...ki vs.
plaintiff Cheri
Wysockl, Mark Ronald
ysWoki,Mark
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022
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Preview
FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 EXHIBIT 9 FILED: NEW YORK COUNTY CLERKCase12/16/2022 Number: 12:00 COCE-16-017553 PM Division: INDEX 55 NO. 952002/2022 NYSCEF DOC.# Filing NO. 21 45304363 E-Filed 08/16/2016 05:01:03 PM RECEIVED NYSCEF: 12/16/2022 IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO. MARK WYSOCKI Plaintiff, vs. CHERI ANN PIERSON, Defendant. COMPLAINT COUNT I - EVICTION Plaintiff, MARK WYSOCKI, sues the Defendant, CHERI ANN PIERSON, and alleges: 1. This is an action for removal of tenant from real property in Broward County, Florida authorized by Section 83.59, Florida Statutes. 2. Plaintiff is a resident of Broward County, Florida. 3. Defendant, CHERI ANN PIERSON, is suijuris and a resident of Broward County, Florida. 9* 4. Defendant leases from Plaintiff a studio apartment at 2255 NE Street, Pompano Beach, Florida, pursuant to a written Lease dated July 3, 2013 (the "Lease"). Defendant is in possession of a fully executed copy of the Lease. 5. Defendant breached the Lease by failing to make the rental installments due on August 1, 2016. 6. Plaintiff has made a written demand for payment of the rent or possession of the premises in accordance with Section 83.56, Florida Statutes. A copy of the notice is attached hereto as Exhibit "A". *** BROWARD FL HOWARD CLERK 8/16/2016 5:01:01 PM.**** FILED: COUNTY, FORMAN, FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 7. Plaintiff has complied with allconditions precedent or same have been waived or excused by the Defendant. 8. Defendant has failed to pay the delinquent rentinstallment due on August 1, 2016 and has failed to deliver possession of the premises. WHEREFORE, Plaintiff requests: a. This Court take jurisdiction of this action under summary procedure provided in Section 51.011, Florida Statutes, and advance the cause on the calendar in accordance with Section 83.59, Florida Statutes. b. Plaintiff be awarded judgment for possession of the leased premises and that Defendant, CHERI ANN PIERSON, and any and all others in possession, be removed from the premises. c. That the Court grant such further relief as is proper. COUNT II -DAMAGES 8. This is an action for damages not exceeding Five Thousand Dollars ($5,000.00). Plaintiff realleges and incorporates paragraphs 2, 3, 4, 5, and 6 of Count I. 9. Defendant, CHERI ANN PIERSON, owes Plaintiff forpast due rent in the amount of Six Hundred Seventy-Five Dollars ($675.00), which was due on August 1, 2016. WHEREFORE, Plaintiff demands: a. Judgment entered in favor of Plaintiff, MARK WYSOCKI, and against Defendant, CHERI ANN PIERSON, for damages, costs of this lawsuit, attorney's fees and prejudgment interest, and for all additional sums due under the Lease. b. For such other relief as is just and proper. DATED this f (a day of August, 2016. FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 MOMBACH, BOYLE HARDIN & SIMMONS, P.A. Attorneys for Plaintiff MARK WYSOCKI 100 N.E. Third Avenue, Suite 1000 Ft.Lauderdale, Florida 33301 Telephone: 954) 467-2200 Facsimile; 9 ) 467-2 1 By: MARK R. WYSOCKI, ESQUIRE Florida Bar No. 940232 mwysocki@mbhlawyer.com 3 FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 THREE (3) DAY NOTICE DATE: August 10, 2016 TO: Cheri Ann Pierson And All Others in Possession of Unit 1A, 2255 N.E. 9 Street Pompano Beach, Florida 33062 You are hereby notified that you are indebted to Landlord, Mark Wysocki, in the sum of 9"' $675.00 for the rent and use of the Premises located at 2255 N.E. Street, Pompano Beach, Broward County, now occupied by you and that demand is hereby made for payment of the rent or possession of the Premises within three (3) days (excluding Saturdays, Sundays and legal holidays) from the date of delivery of this Notice, to wit: on or before the 15th day of August, 2016. Mark Wysocki 3209 Norfolk Street Pompano Beach, Florida 33062 (954) 5 9 57 7 Mark Wysocki I HEREBY CERTIFY THAT A COPY OF THIS NOTICE WAS SERVED AS INDICATED BELOW: ( ) By personally servicing same upon said Tenant. ( ) By posting a copy at the above-described Premises in the absence of said Tenant. By: Date: " " EXHIBIT **** FILED: BROWARDCLERK FL Howard C. CLERK 9/7/2016 4:30:00 PM.**** INDEX NO. 952002/2022 FILED: NEW YORK COUNTY COUNTY, 12/16/2022 12:00 Forman, PM NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 * Removal ofTenant + Central Ann Pierson Defendant S O C ( M.ru wy...ki vs. plaintiff Cheri Wysockl, Mark Ronald ysWoki,Mark FILED: NEW YORK COUNTY CLERK 12/16/2022 12:00 PM INDEX NO. 952002/2022 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 12/16/2022 P c·h ad p e c;eA T L0 ³ b>eD A , bor k