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AFFIDAVIT OF NON-SERVICE
State of Florida County of Sarasota County Court
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Case Number: 2007 SC 004693 NC Court Date: 5/22/2008 9:00 am 2, Ce
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Plaintiff Rr “A Oo
THE JOHN HENRY COMPANY $ Ce oo 3
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Defendant: eae wo |
VICTORIA LYNNE ENTERPRISES INC., C/O VICTORIA WEHLAU AS 28% of <3
REGISTERED AGENT, BA Dp
Ba
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For:
Thomas Avrutis, Esquire
HODGES, AVRUTIS & FOELLER, P.A.
P.O. Box 4137
Sarasota, FL 34230
Received by GIETZEN & ASSOCIATES on the 25th day of April, 2008 at 11:04 am to be served on Victoria Lynn
Enterprises, Inc. c/o Victoria Wehlau, as Registered Agent, 4978 Ridgemoor Bivd., Palm Harbor, FL 34685.
|, Lynda S. Herbranson APS #48384, being duly sworn, depose and say that on the 19th day of May, 2008 at 9:00
am, |:
NON-SERVED.: After due search, careful inquiry and diligent attempts | was unable to serve the 2ND PLURIES
SUMMONS/NOTICE TO APPEAR FOR PRE-TRIAL CONFERENCE, & COMPLAINT WITH EXHIBITS. for the
reason that | failed to find Victoria Lynn Enterprises, Inc. or information to allow further search.
Additional Information pertaining to this Service:
SERVICE WAS ATTEMPTED AT GIVEN ADDRESS OF 4978 RIDGEMOOR BLVD PALM HARBOR FLORIDA
34685. ADDRESS IS CORK AND OLIVE SUBJECT AND BUSINESS IS UNKNOWN PER BONNIE AND SHE
ALSO STATED IT USED TO BE A FLOWER SHOP ONE YEAR AGO.
| further certify that | am over the age of 18, have no interest in the above action, and am authorized to serve
process in the circuit/county it was delivered to.
apRY Py, Notary Public 9 vw
tate
2 % RW Gieven of Florida
% & My Commission DD879914
OF Fit Expires 08/13/2014
aS. son APS #48384
Subs¢ribeWandé Sworn to before me on the 19th day Process Server
of May, 2008/bythd affiant whquepersonally known to
me. GIETZEN & ASSOCIATES
1302 North Marion Street
Tampa, FL. 33602
NOTARY PUBLIC (813) 223-3233
Our Job Serial Number: 2008001921
Ref: 07-00716-0
cre mcm aaa) \ jie
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sg. y° IN THE COUNTY COURT.FOR SARASOTA COUNTY, FLORIDA
THE JOHN HENRY CONPANY. )
HODGES AVRUTIS & FOELLER PA )
SARASOTA, FL 34230 ,
PLAINTIFF CASE NO.: 2007 SC 004693 NC
VICTORIA LYNNE ENTERPRISES INC fe ty tGCN JUDGE: EMANUEL LOGALBO JR
C/O VICTORIA WEHLAU REGISTERED AGENT (( yf)
4978 RIDGEMOOR BLVD SPAT ee be
PALM HARBOR FL 34685 JSOCHATES
vO) 2"° PLURIES SUMMONS/NOTICE TO APPEAR
Vi 8 | C tae FOR PRETRIAL CONFERENCE
DEFENDANT ki, CE UPY
STATE OF FLORIDA — NOTICE TO ABOVE PLAINTIFF(S) AND DEFENDANT(S) —
YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the JUDICIAL CENTER in Courtroom #7-B, located
at 2002 Ringling Blvd, Sarasota, Florida 34237, on Thursday, 05/22/2008, at 9:00 am at fora PRETRIAL CONFERENCE.
*IMPORTANT — READ CAREFULLY*
THE CASE WILL NOT BE TRIED AT THE PRETRIAL CONFERENCE, BUT MAY BE MEDIATED AT THAT TIME.
- DO NOT BRING WITNESSES. YOU MUST APPEAR IN PERSON OR BY ATTORNEY.
YOU MUST WEAR PROPER ATTIRE.
WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO SETTLE FOR ALL AMOUNTS FROM ZERO TO THE AMOUNT
OF THE CLAIM WITHOUT FURTHER CONSULTAION. FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF SANCTIONS,
INCLUDING COSTS, ATTORNEY FEES, ENTRY OF JUDGMENT, OR DISMISSAL.
The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The plaintiff(s) must appear to avoid having
the case dismissed for lack of prosecution. A written motion or answer to the court by the plaintiff(s) or the defendant(s) shall not excuse the
personal appearance of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION. The date and time of the pretrial conference
CANNOT be rescheduled without good cause and prior court approval.
A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in
writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference/Mediation.
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to
determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney
should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the
dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will
require no proof and will expedite the trial, and estimate how long it will take to try the case.
Mediation
Mediation may take place during the time scheduled for the pretrial conference. Mediation is a process whereby an impartial and neutral third
person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties, without prescribing what the
resolution should be. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually
acceptable and voluntary agreement.
In mediation, decision making rests with the parties. Negotiations in county court mediation are primarily conducted by the parties. Counsel for
each party may participate. However, presence of counsel is not required. If a full agreement is not reached at mediation, the remaining
issues of the case will be set for trial. Mediation communications are confidential and privileged except where disclosures are required or
permitted by law.
lf you admit the claim, but desire additional time to pay, you must come and state the circumstances. The court may or may not approve a
payment plan and may withhold judgment or execution or levy.
RIGHT TO VENUE: The law gives the person or company who has sued you the right to file in any one of several places as listed
below. However, if you have been sued in any place other than one of these places, you, as the defendant(s), have the right to
request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: 1) Where the
contract was entered into; 2) if suit is on an unsecured promissory note, where note is signed or where maker resides; 3) If the suit is
to recover property or to foreclose a lien, where the property is located; 4)‘Where the event giving rise to the suit occurred; 5) Where
any one or more of the defendant(s) sued reside; 6) Any location agreed to in a contract; 7) In an action for money due, if there is no
agreement as to where suit may be filed, where payment is to be made.
If you, as a defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date
and orally request a transfer, or you may file a WRITTEN request for transfer, in affidavit form (sworn to under oath) with the court
seven days prior to your first court date and send a copy to the plaintiff(s) or plaintiff(s’) attorney, if any.
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 the Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida
34230, (941) 861-5879, within two (2) working days of your receipt of this document; if you are hearing or voice impaired, call 1-800-
955-8771.
A copy of the statement of claim shall be served with this summons. Dated at Sarasota, Florida on April 22, 2008.
is Sates KAREN E. RUSHING
re wag tt et! +, CLERK OF THE CIRCUIT COURT
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7,2 5 . tts if f Ce
4 CRED. if S mh | ;
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De py eee
(Rebun oN Solin Overnort, Deputy clerk Served:
DATE: April 22, 2008
*}
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IN THE‘COUNTY . URT IN AND FOR SARASOTA COUL../Y, FLORIDA
. * CIVIL DIVISION
SE >=FE ee
THE JOHN HENRY COMPANY, a Corporation,
Plaintiff
vs. CASE NO.::
VICTORIA LYNNE ENTERPRISES, INC., a
Florida Corporation,
c/o Victoria Wehlau, as Registered Agent,
4978 Ridgemoor Blvd.
Palm Harbor, FL 34685
Defendant.
COMPLAINT co fee
COMES NOW the Plaintiff, THE JOHN HENRY COMPANY, a Corporation, ‘by
and through its undersigned attorneys and sues the Defendant, VICTORIA LYNNE
ENTERPRISES, INC., ‘a'Florida Corporation, herein and alleges:
1. This is an action for damages which do not exceed $5,000.00 exclusive of
interest and costs of this action.
2. At all material times hereto, the Defendant, VICTORIA LYNNE
ENTERPRISES, INC., was a corporation duly registered with the Florida Secretary of
State.
3. The Defendant, VICTORIA LYNNE ENTERPRISES, INC., a Florida
Corporation, owes the Plaintiff, THE JOHN HENRY COMPANY, a Corporation, the sum
of $1,426.57, that is due with interest since January 31, 2007, according to the
statement and/or invoice(s) attached hereto and marked as Exhibit "A" consisting of 1
page(s).
WHEREFORE Plaintiff requests Judgment against the Defendant in the sum of
$1,426.57, together with interest and costs of this action. ewiFia a FOE!
UTIS & FOELLER, P.A.
/
TLA/C62
07-007 16-0
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SERVICE CHARGE ' 00866815 (05/31/06: 24.82 24.8
SERVICE CHARGE ' 00868681 06/30/06 ; 24.82 24.8
SERVICE CHARGE - 00870389 (07/31/06, 24.82. 24.8
SERVICE CHARGE | 00871885 (08/31/06 ' 24.82 | 24.8
SERVICE CHARGE ' 00873432 i09/30/06 : 24.82 | 24.8
SERVICE CHARGE i 00874978 '10/31/06 i 21.82 | 21.8
SERVICE CHARGE / 00876721 (11/30/06 : 21.82 21.8
SERVICE CHARGE ' 00878686 (12/31/06 | 17.32 | 17.3
SERVICE CHARGE / 00880425 (01/31/07. 17.32, 17.3
SERVICE CHARGE ' 00882295 102/28/07 | 17.32 | 17.3
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vy. IN THE COUNTY. COURT FOR SARASOTA COUNTY, FLORIDA
THE JOHN HENRY CONPANY : «) - 2
HODGES AVRUTIS & FOELLER PA )
P O BOX 4137 a
Cr:
SARASOTA, FL 34230 O ev >
PLAINTI? ir C_ pin CASE NO.: 2007 SC 004693 NC
VICTORIA LYNNE ENTERPRISES INC Lr JUDGE: EMANUEL LOGALBO JR
C/O VICTORIA WEHLAU REGISTERED AGENT {pi 2
4978 RIDGEMOOR BLVD Pr ig
PALM HARBOR FL 34685
O 28° PLURIES SUMMONS/NOTICE TO APPEAR
Ce p FOR PRETRIAL CONFERENCE
STATE OF FLORIDA — NOTICE TO ABOVE PLAINTIFF(S) AND DEFENDANT(S) —
YOU ARE HEREBY NOTIFIED that you are required to appear in person or by attorney at the JUDICIAL CENTER in Courtroom #7-B, located
at 2002 Ringling Blvd, Sarasota, Florida 34237, on Thursday, 05/22/2008, at 9:00 am at for a PRETRIAL CONFERENCE.
)
)
DEFENDANT )
*IMPORTANT — READ CAREFULLY*™*
THE CASE WILL NOT BE TRIED AT THE PRETRIAL CONFERENCE, BUT MAY BE MEDIATED AT THAT TIME.
DO NOT BRING WITNESSES. YOU MUST APPEAR IN PERSON OR BY ATTORNEY.
YOU MUST WEAR PROPER ATTIRE.
WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO SETTLE FOR ALL AMOUNTS FROM ZERO TO THE AMOUNT
OF THE CLAIM WITHOUT FURTHER CONSULTAION. FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF SANCTIONS,
INCLUDING COSTS, ATTORNEY FEES, ENTRY OF JUDGMENT, OR DISMISSAL.
The defendant(s) must appear in court on the date specified in order to avoid a default judgment. The plaintiff(s) must appear to avoid having
the case dismissed for lack of prosecution. A written motion or answer to the court by the plaintiff(s) or the defendant(s) shall not excuse the
personal appearance of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION. The date and time of the pretrial conference
CANNOT be rescheduled without good cause and prior court approval.
A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in
writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference/Mediation.
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to
determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney
should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the
dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will
require no proof and will expedite the trial, and estimate how long it will take to try the case.
Mediation
Mediation may take place during the time scheduled for the pretrial conference. Mediation is a process whereby an impartial and neutral third
person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties, without prescribing what the
resolution should be. It is an informal and nonadversarial process with the objective of helping the disputing parties reach a mutually
acceptable and voluntary agreement.
in mediation, decision making rests with the parties. Negotiations i in county court mediation are primarily conducted by the parties. Counsel for
each party may participate. However, presence of counsel is not required. Ifa full agreement is not reached at mediation, the remaining
issues of the case will be set for trial. Mediation communications are confidential and privileged except where disclosures are required or
permitted by law.
If you admit the claim, but desire additional time to pay, you must come and state the circumstances. The court may or may not approve a
payment plan and may withhold judgment or execution or levy.
RIGHT TO VENUE: The law gives the person or company who has sued you the right to file in any one of several places as listed
below. However, if you have been sued in any place other than one of these places, you, as the defendant(s), have the right to
request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: 1) Where the
contract was entered into; 2) If suit is on an unsecured promissory note, where note is signed or where maker resides; 3) If the suit is
to recover property or to foreclose a lien, where the property is located; 4) Where the event giving rise to the suit occurred; 5) Where
any one or more of the defendant(s) sued reside; 6) Any location agreed to in a contract; 7) In an action for money due, if there is no
agreement as to where suit may be filed, where payment is to be made.
If you, as a defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date
and orally request a transfer, or you may file a WRITTEN request for transfer, in affidavit form (sworn to under oath) with the court
seven days prior to your first court date and send a copy to the plaintiff(s) or plaintiff(s’) attorney, if any.
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 the Sarasota County Jury Office, P.O. Box 3079, Sarasota, Florida
34230, (941) 861-5879, within two (2) working days of your receipt of this document; if you are hearing or voice impaired, call 1-800-
955-8771.
A copy of the statement of claim shall be served with this summons. Dated at Sarasota, Florida on April 22, 2008.
KAREN E. RUSHING
CLERK OF THE ChCUIT COURT
DATE: April 22, 2008