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Filing # 168264004 E-Filed 03/08/2023 09:17:39 AM
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT,
IN AND FOR HIGHLANDS COUNTY, FLORIDA
JESSE T. SIMPSON,
Plaintiff,
vs. CASE NO.:
SHANNON E. REED
Defendant,
VERIFIED COMPLAINT FOR PARTITION OF REAL PROPERTY
COMES NOW Plaintiff, JESSE T. SIMPSON, by and through undersigned counsel and
files this his Verified Complaint for Partition of Real Property and in support hereof states as
follows:
lL. The subject matter is in controversy within the jurisdictional limits of this court.
2. This court has jurisdiction over the parties because the parties reside in Highlands
County, Florida.
3. Venue in Highlands County is proper because the real property is located in Highlands
County, Florida. Attached hereto as Exhibit “A” is a copy of the Warranty Deed.
4, This is an action for partition.
5. There exists certain real property in which one or both parties may claim an interest,
herein referred to as the “residence” located at 6506 Foster Rd., Sebring, Florida 33875, more
specifically described as follows:
LOT 4-C OF FOSTER-BEASLEY UNRECORDED SUBDIVISION, MORE
PARTICULARLY DESCRIBED AS THE NORTH 1/2 OF NORTHWEST 1/4
OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4 LESS AND EXCEPT THE WEST 25 FEET FOR ROAD EASEMENT,
SECTION 18, TOWNSHIP 35 SOUTH, RANGE 29 EAST, HIGHLANDS
COUNTY, FLORIDA.
Parcel Identification Number: C-18-35-29-020-0000-004C
6. There is one lien holder, Freedom Mortgage Services, who otherwise owns an interest in
the residence as of the date of this request for partition.
Simpson v Reed
Complaint
Page | of 3
Electronically Filed Highlands Case # 23000096GCAXMX 03/08/2023 09:17:39 AM7. The above property is not divisible and not subject to partition in kind without prejudice
to the parties.
8. The Plaintiff has employed the undersigned attorney in this action and has agreed to pay
reasonable attorney fees and costs. Plaintiff respectfully requests an award of attorneys’ fees and
costs pursuant to Fla. Stat. §64.081.
WHEREFORE, Plaintiff, JESSE T. SIMPSON, respectfully requests that this Honorable
Court:
A. Enter a Judgment of Partition pursuant to Florida Statutes Sec. 64.051 and
determine the rights and interests of the parties in the real property; appoint a special magistrate
or clerk of court to make a sale of the property, either privately or at a public auction to the
highest bidder;
B. Require Defendant to contribute to Plaintiff's attorney’s fees and related legal
expenses and costs.
Cc. And for all other relief just and proper in the premises.
VERIFICATION
STATE OF FLORIDA )
COUNTY OF HIGHLANDS )
BEFORE ME, the undersigned authority duly authorized in the State and County aforesaid
to take acknowledgments, personally appeared JESSE T. SIMPSON, who after being duly sworn
upon oath, deposes and says that he is the Plaintiff in the foregoing complaint, that he has read the
allegations or statements contained therein, that he has personal knowledge of the information
contained herein and believes same is true and correct, and that he has signed said Complaint for the
purposes herein expressed.
I understand that the punishment for knowingly making a false statement includes fines
and/or imprisonment.
QE
JESSE T. SIMPSON, Plaintiff
Simpson v Reed
Complaint
Page 2 of 3STATE OF FLORIDA )
COUNTY OF HIGHLANDS )
The foregoing instrument was acknowledged before me by JESSE T. SIMPSON personally
known to me or who has produced his driver’s license as identification and who did take an oath.
WITNESS my hand and official seal this 7" day of February, 2023.
My Commission Expires: Be a
-Commissto 880
No Eos OG ires September 21, 2026
/s/ Kevin J_D’Espies
Kevin J. D’Espies, Esq.
Florida Bar No. 0347477
D’ESPIES LAW, P.A.
246 N. Commerce
Sebring, Florida
(863) 314-6525
E-Mail: kjd@despieslaw.com
Secondary: fileddocs@despieslaw.com
Attorney for Plaintiff
Simpson v Reed
Complaint
Page 3 of 3OFFICIAL RECORDS FILE# 1779209 BK 2484 PG 651 RCD: 07/06/2015 11:33:08 AM
D.C. ERECORD REC. FEE $18.50 DEED DOC STAMPS $591.50 ROBERT W. GERMAINE
CLERK OF COURTS HIGHLANDS CO.
repar id
CLIFFORD R. RHOADES
Prosidont
CLIFFORD R, RHOADES, P.A.
2141 Lakeview Drive
Sebring, FL 33870
863-385-0346
File Number; 10515
[Spuco Aboyo This Line For Recording Data].
Warranty Deed
This Warranty Deed made this 2nd day of July, 2015 botwoon William Jason Tomlinson, conveying non-
homestend property, and Joe Baker, conveying nou-homestead property, whose post office address Is 212, SW 3rd
Avenue, Okeechobee, FL 34974, grantor, and Jesse T. Simpson and Shannon Reed Simpson, husband and wife whose
post office address is 6506 Foster Road, Sebring, FL 33875, grantee:
(Whenever used herein the terms “grantor” and "grantee" inolido ail the parties to this {nstrument and the helt, logal representatives, and assigns of
individuals, and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the aum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to sald grantor In hand paid by said gtanteo, tho receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantoo, and grantoe’s hoirs and assigns forever, the following described Jand,
situate, lying and being in Highlands County, Florlda to-wit:
LOT 4-C OF FOSTER-BEASLEY UNRECORDED SUBDIVISION, MORE PARTICULARLY
DESCRIBED AS THE NORTH 1/2 OF NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 LESS AND EXCEPT THE WEST 25 FEET FOR
ROAD EASEMENT, SECTION 18, TOWNSHIP 35 SOUTH, RANGE 29 LAST, HIGHLANDS
COUNTY FLORIDA,
Parcel Identification Number: C-18-35-29-020-0000-004C
‘This conveyance is subject to the following:
1, Ad valorem taxes and solid waste charges subsequent to 2014;
2. Zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
3, Restrictions and matters appearing on the plat or otherwise common to the subdivision;
4, Public utility easements of record.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining,
To Have and to Hold, the same in fee simplo forever,
And the grantor hereby covenants with said granteo that the grantor is lawfully seized of said land in feo simple; that the
grantor has good right and lawéul authority to sell and couvey said Jand; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2015,
Jn Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.
EXHIBIT A
DoubleTimesOFFICIAL RECORDS BOOK 2484 PAGE 652
Signed, sealed and delivered Jn our presence:
yt
Joe Baker
State of Florida
County of Highlands
‘The foregolng instrument was acknowledged before me this 2nd day of July, 2015 by William Jason Tomlinson and Joe
Baker, who [_] are personally known or [X] have produced a ivey's-ficonse qs Identification,
Dmrren
[Notary Seal] fotary Public
Printed Name:
My Commission Expires:
Warranty Deed - Page 2 DoublaTimes
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Filing # 168264004 E-Filed 03/08/2023 09:17:39 AM IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT, IN AND FOR HIGHLANDS COUNTY, FLORIDA JESSE T. SIMPSON, Plaintiff, vs. CASE NO.: SHANNON E. REED Defendant, VERIFIED COMPLAINT FOR PARTITION OF REAL PROPERTY COMES NOW Plaintiff, JESSE T. SIMPSON, by and through undersigned counsel and files this his Verified Complaint for Partition of Real Property and in support hereof states as follows: lL. The subject matter is in controversy within the jurisdictional limits of this court. 2. This court has jurisdiction over the parties because the parties reside in Highlands County, Florida. 3. Venue in Highlands County is proper because the real property is located in Highlands County, Florida. Attached hereto as Exhibit “A” is a copy of the Warranty Deed. 4, This is an action for partition. 5. There exists certain real property in which one or both parties may claim an interest, herein referred to as the “residence” located at 6506 Foster Rd., Sebring, Florida 33875, more specifically described as follows: LOT 4-C OF FOSTER-BEASLEY UNRECORDED SUBDIVISION, MORE PARTICULARLY DESCRIBED AS THE NORTH 1/2 OF NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 LESS AND EXCEPT THE WEST 25 FEET FOR ROAD EASEMENT, SECTION 18, TOWNSHIP 35 SOUTH, RANGE 29 EAST, HIGHLANDS COUNTY, FLORIDA. Parcel Identification Number: C-18-35-29-020-0000-004C 6. There is one lien holder, Freedom Mortgage Services, who otherwise owns an interest in the residence as of the date of this request for partition. Simpson v Reed Complaint Page | of 3 Electronically Filed Highlands Case # 23000096GCAXMX 03/08/2023 09:17:39 AM7. The above property is not divisible and not subject to partition in kind without prejudice to the parties. 8. The Plaintiff has employed the undersigned attorney in this action and has agreed to pay reasonable attorney fees and costs. Plaintiff respectfully requests an award of attorneys’ fees and costs pursuant to Fla. Stat. §64.081. WHEREFORE, Plaintiff, JESSE T. SIMPSON, respectfully requests that this Honorable Court: A. Enter a Judgment of Partition pursuant to Florida Statutes Sec. 64.051 and determine the rights and interests of the parties in the real property; appoint a special magistrate or clerk of court to make a sale of the property, either privately or at a public auction to the highest bidder; B. Require Defendant to contribute to Plaintiff's attorney’s fees and related legal expenses and costs. Cc. And for all other relief just and proper in the premises. VERIFICATION STATE OF FLORIDA ) COUNTY OF HIGHLANDS ) BEFORE ME, the undersigned authority duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JESSE T. SIMPSON, who after being duly sworn upon oath, deposes and says that he is the Plaintiff in the foregoing complaint, that he has read the allegations or statements contained therein, that he has personal knowledge of the information contained herein and believes same is true and correct, and that he has signed said Complaint for the purposes herein expressed. I understand that the punishment for knowingly making a false statement includes fines and/or imprisonment. QE JESSE T. SIMPSON, Plaintiff Simpson v Reed Complaint Page 2 of 3STATE OF FLORIDA ) COUNTY OF HIGHLANDS ) The foregoing instrument was acknowledged before me by JESSE T. SIMPSON personally known to me or who has produced his driver’s license as identification and who did take an oath. WITNESS my hand and official seal this 7" day of February, 2023. My Commission Expires: Be a -Commissto 880 No Eos OG ires September 21, 2026 /s/ Kevin J_D’Espies Kevin J. D’Espies, Esq. Florida Bar No. 0347477 D’ESPIES LAW, P.A. 246 N. Commerce Sebring, Florida (863) 314-6525 E-Mail: kjd@despieslaw.com Secondary: fileddocs@despieslaw.com Attorney for Plaintiff Simpson v Reed Complaint Page 3 of 3OFFICIAL RECORDS FILE# 1779209 BK 2484 PG 651 RCD: 07/06/2015 11:33:08 AM D.C. ERECORD REC. FEE $18.50 DEED DOC STAMPS $591.50 ROBERT W. GERMAINE CLERK OF COURTS HIGHLANDS CO. repar id CLIFFORD R. RHOADES Prosidont CLIFFORD R, RHOADES, P.A. 2141 Lakeview Drive Sebring, FL 33870 863-385-0346 File Number; 10515 [Spuco Aboyo This Line For Recording Data]. Warranty Deed This Warranty Deed made this 2nd day of July, 2015 botwoon William Jason Tomlinson, conveying non- homestend property, and Joe Baker, conveying nou-homestead property, whose post office address Is 212, SW 3rd Avenue, Okeechobee, FL 34974, grantor, and Jesse T. Simpson and Shannon Reed Simpson, husband and wife whose post office address is 6506 Foster Road, Sebring, FL 33875, grantee: (Whenever used herein the terms “grantor” and "grantee" inolido ail the parties to this {nstrument and the helt, logal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the aum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to sald grantor In hand paid by said gtanteo, tho receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantoo, and grantoe’s hoirs and assigns forever, the following described Jand, situate, lying and being in Highlands County, Florlda to-wit: LOT 4-C OF FOSTER-BEASLEY UNRECORDED SUBDIVISION, MORE PARTICULARLY DESCRIBED AS THE NORTH 1/2 OF NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 LESS AND EXCEPT THE WEST 25 FEET FOR ROAD EASEMENT, SECTION 18, TOWNSHIP 35 SOUTH, RANGE 29 LAST, HIGHLANDS COUNTY FLORIDA, Parcel Identification Number: C-18-35-29-020-0000-004C ‘This conveyance is subject to the following: 1, Ad valorem taxes and solid waste charges subsequent to 2014; 2. Zoning, restrictions, prohibitions and other requirements imposed by governmental authority; 3, Restrictions and matters appearing on the plat or otherwise common to the subdivision; 4, Public utility easements of record. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same in fee simplo forever, And the grantor hereby covenants with said granteo that the grantor is lawfully seized of said land in feo simple; that the grantor has good right and lawéul authority to sell and couvey said Jand; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2015, Jn Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written. EXHIBIT A DoubleTimesOFFICIAL RECORDS BOOK 2484 PAGE 652 Signed, sealed and delivered Jn our presence: yt Joe Baker State of Florida County of Highlands ‘The foregolng instrument was acknowledged before me this 2nd day of July, 2015 by William Jason Tomlinson and Joe Baker, who [_] are personally known or [X] have produced a ivey's-ficonse qs Identification, Dmrren [Notary Seal] fotary Public Printed Name: My Commission Expires: Warranty Deed - Page 2 DoublaTimes