Preview
Filing # 174418162 E-Filed 06/01/2023 03:48:42 PM
IN THE COUNTY COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 2022-CC-012201
DIVISION: CC-I
LAKE MANDARIN HOMEOWNERS
ASSOCIATION, INC.,
Plaintiff,
VS.
SHERRY ABNEY, et al.,
Defendants.
/
AFFIDAVIT OF NON-COMPLIANCE
Before me, the undersigned authority appeared, Emily M. Sordian, who being duly
sworn, says that Defendant, SHERRY ABNEY, failed to timely remit monthly payment
installments as required and agreed upon pursuant to the Stipulation entered into on or about
December 21, 2022.
1 The Defendant failed to timely remit her monthly payment installments due to
Plaintiff as outlined in the Stipulation attached hereto as Exhibit A.
2. Asa result of the Defendant’s default in payment, Plaintiff requests enforcement of
the terms of the Stipulation, specifically Paragraphs eight (8) which states:
In the event of a default of this Stipulation, the Association shall be
immediately entitled to apply for entry of Final Judgment of Foreclosure
and breach of contract upon the remaining balance of the Account plus
any Additional Stipulation Charges, if not previously entered, and to
schedule or reschedule a lien foreclosure sale without the need for a
hearing. The Association shall be entitled to collect the amount of the total
balance of the Account due, including attorney fees and costs incurred or
to be incurred, less any amounts paid as of the date of default.
3. The Defendant’s first payment was due December 15, 2022, and the Defendant
agreed to make monthly payments on the 15th of each month in the amount of $149.06. The
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/01/2023 03:49:02 PM
Defendant defaulted under the terms of the agreement in April of 2023, when she failed to make
payment.
4. The Plaintiff has sent the Defendant courtesy emails regarding the outstanding
balance and default of the payment plan per the terms of the Stipulation.
5. The Plaintiff is proceeding with this action against the Defendant because the terms
of the Stipulation have not been honored and have been defaulted upon.
FURTHER AFFIANT SAYETH NOT. Gil, / / 1
Emily M. pe
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me by means of [X] physical
presence or [ ] online notarization, subscribed and acknowledged before me this 1* day of June
2023, by Emily M. Sordian who is personally known to me and who did take an oath.
.
Notary Public
RIPLEY RAMSAY
pH 948528
expires Apa29, 2027
DocuSign Envelope ID: 6C3C5789-0DAA-4C6F-8C58-7A28906EDBA2
IN THE COUNTY COURT, FOURTH
JUDICIAL DISTRICT, IN AND FOR,
DUVAL COUNTY, FLORIDA
CASE NO.: 2022-CC-012201
DIVISION: CC-I
LAKE MANDARIN HOMEOWNERS
ASSOCIATION, INC. ,
Plaintiff,
vs.
SHERRY ABNEY, et al.,
Defendants.
/
COME NOW the parties, Plaintiff Lake Mandarin Homeowners through
Association, Inc.
undersigned counsel, and Defendant, Sherry Abney, individually, and through undersigned counsel, and
agree:
STIPULATION FOR REPAYMENT OF ACCOUNT
This Stipulation for Repayment of Account is entered into by Sherry Abney, hereinafter referred
to as the “Owner” (whether singular or plural), and Lake Mandarin Homeowners Association, Inc. ,
hereinafter referred to as the “Association”.
RECITALS
A At all material times hereto, Owner has owned the real property located at 3339 Laurel Grove
North , Jacksonville, FL 32223, hereinafter referred to as the “Property” which is subject to the
governing documents of the Association.
The Association has alleged that Owner has become delinquent on their account with the
Association.
As of the date of this Stipulation, Owner is indebted to the Association for assessments, late fees,
costs and fees of collections, and other charges, hereinafter the “Account”.
Owner desires to enter into an agreement to repay this Account by making installment payments
according to the terms as set forth herein, herein referred to as this “Stipulation”.
WHEREAS, THE PARTIES AGREE HERETO AS FOLLOWS:
DocuSign Envelope ID: 6C3C5789-0DAA-4C6F-8C58-7A28906EDBA2
Recitals. The Recitals above are hereby re-incorporated and made a part of this Stipulation as if
fully stated below.
a Term. The term of this Stipulation shall be for 23 months, beginning the date the first payment
is due per Schedule "A" attached hereto. The Effective Date shall be the date this Stipulation is
signed by the Owner or when the first payment is received by the Association, whichever is first.
Additional Stipulation Charges. Additional charges shall accrue on the Account which shall
be added to the Account total to be repaid under this stipulation, as follows:
a) Assessments: All assessments that may accrue during the term of this Stipulation so long
as Owner is the owner of the property subject to this action.
b) Interest: Interest on all assessments due or coming due during the term of this
Stipulation, which will accrue at a rate of 18%.
°) Late Fee: A stipulation late fee in the amount of $25.00 shall be automatically incurred
on any payment that is more than five (5) days late.
da) Attorney Fee: An attorney fee of $150.00 is charged for up to each six month period of
this Stipulation, which is charged as a lump-sum total as of the effective date of this
Stipulation.
°) Costs: Costs that accrue during the term of this Stipulation, such as postage, copies,
insufficient fund costs, and clerk of court costs.
Accruing Charges: Any additional charges to the Account, such as fines, special
assessments, or corrective maintenance charges that may accrue during the term of this
Stipulation.
Repayment Balance: The Repayment Balance is the total repayment amount due under this
Stipulation in the sum of $3,577.52 as of the effective date of this Stipulation. This Repayment
Balance will include all Additional Stipulation Charges set forth in Section 3 which have
not yet been incurred or have accrued, but will become part of the Repayment Balance if
and when they are incurred or accrue.
Payment Schedule: Payments under the Stipulation on the Repayment Balance is set forth on
Schedule “A” attached hereto and made part hereof. If any Additional Stipulation Charges are
incurred or accrue during the term of this Stipulation, the last payment due under the Stipulation
will automatically adjust to cause the Repayment Balance to be paid in full at that time.
Extensions: The term of this Stipulation shall not be extended without express approval by the
Association. Missed payments or late payments will not delay future payments coming due
under the Stipulation, and the Owner must ensure that the Repayment Balance is paid in full by
the end of the Stipulation’s term.
Application of Payments: Any payments received by the Owner will be applied pursuant to
Florida Law.
DocuSign Envelope 1D: 6C3C5789-0DAA-4C6F-8C58-7A28S906EDBA2
8.
os Litigation and Release: If litigation is necessary to enforce the Owner’s Account or the terms of
this Stipulation, this Stipulation may be submitted to a court of competent jurisdiction. Owner
agrees that the terms and accounting contained herein are true and correct. Execution of this
Stipulation shall serve as consent by Owner to personal jurisdiction of a court of competent
jurisdiction to enforce the terms of this Stipulation and the Owner’s Account. Owner hereby
waives any defense and/or claim as to the acts of the Association, its agents, attorneys, and
assigns with regard to the collection of Owner's account including the receipt or sufficiency of
any notice, warning, demand, or lien concerning the Owner's account. In the event of a default of
this Stipulation, the Association shall be immediately entitled to apply for entry of Final
Judgment of foreclosure and breach of contract upon the remaining balance of the Account plus
any Additional Stipulation Charges, if not previously entered, and to schedule or reschedule a
lien foreclosure sale WITHOUT NEED FOR A HEARING. The Association shall be entitled to
collect the amount of the total balance of the Account due, including attorney fees and costs
incurred or to be incurred, less any amounts paid as of the date of default.
Upon completion of this Stipulation, this Stipulation shall serve as a full release of any and all
claims that Association and Owner may have or had against each other, their agents or attorneys
arising from collection of this Account to date, including any and all attorney fees and costs
incurred in this action.
Forbearance of Litigation during term of Stipulation. If there is ongoing litigation between
the parties as of the effective date of this Stipulation regarding the Owner’s Account, the parties
agree to suspend such litigation during the term of this Stipulation until such time as this
Stipulation is completed or there is a default hereunder. If all amounts due under this Stipulation
are timely paid and paid in full, then the Association shall cause to be dismissed any action for
collection of delinquent amounts which was secured by this Stipulation and to record a Release
of the Claim of Lien for the amounts secured by this Stipulation, if any.
10. Payments, Owner shall make all payments due herein to: Crabtree Law Group, P.A., 8777 San
Jose Blvd., Building A, Suite 200, Jacksonville, FL 32217, which shall be made by way of
cashier’s check, certified funds, money order, or cash. Wire instructions may be provided upon
request.
ll Default. Time is of the essence. Owner shall be in default of this Stipulation if any payment,
including any late fee charged thereupon, remains unpaid for more than fifteen (15) days, without
further notice. Owner is directed to ensure that all payments due under the Stipulation are
received by the Association timely. Any receipt or deposit of any late payment by the
Association, whether partial or in full, will be applied to the Owner’s Account and does not
automatically reinstate the Stipulation or cure the default thereof. Reinstatement of the
Stipulation after default is in the sole and absolute discretion of the Association and may require
additional or modified terms to this Stipulation. The initiation of mortgage foreclosure
proceedings or bankruptcy in connection with the subject property shall be considered and
construed as a default of the Owner under the Stipulation. The Association is entitled to recover
its attorneys fees and costs in the connection of enforcing this Stipulation and charge same to the
owner's Account, whether incurred pre-trial, at trial, or on appeal.
[ SIGNATURE PAGE TO FOLLOW]
3
DocuSign Envelope 1D: 6C3C5789-0DAA-4C6F-8C58-7A28906EDBA2
DATE:
Crabtree Law Group, P.A. The Law Offices of Alexander E. Borell
/s/ Emily M. Sordian /s/ Jason Palladino
Emily M. Sordian, Esquire Jason Palladino, Esquire
Florida Bar No. 1030718 Florida Bar No.: 1033831
ems@crabtreefirm.com jpalladino@borell.com
8777 San Jose Boulevard 201 E. Kennedy Boulevard, Suite 1680
Building A, Suite 200 Tampa, Florida 33602
Jacksonville, Florida 32217 Telephone: (813) 621-6221
Telephone (904) 732-9701 Attorney for Defendant Sherry Abney
Attorneys for Plaintiff/Association
S
suSigned by:
Sry Dery
eAdait Sherry Abney
DocuSign Envelope ID: 6C3C5789-0DAA-4C6F-8C58-7A28906EDBA2
CLG File # 2084.211078
Sherry Abney
3339 Laurel Grove North
Jacksonville, FL 32223
SCHEDULE "A"
Information disclosed herein is calculated only through December 5, 2022, see
accompanying correspondence for instructions to obtain updated accounting.
PAYMENT SCHEDULE*
AYMENT DATE AMOUNT
12/15/2022 $149.06
01/15/2023 $149.06
02/15/2023 $149.06
03/15/2023 $149.06
04/15/2023 $149.06
05/15/2023 $149.06
06/15/2023 $149.06
07/15/2023 $149.06
08/15/2023 $149.06
09/15/2023 $149.06
10/15/2023 $149.06
11/15/2023 $149.06
12/15/2023 $149.06
01/15/2024 $149.06
02/15/2024 $149.06
03/15/2024 $149.06
04/15/2024 $149.06
05/15/2024 $149.06
06/15/2024 $149.06
07/15/2024 $149.06
08/15/2024 $149.06
09/15/2024 $149.06
10/15/2024 $149.06
11/15/2024 $149.14
Total Balance Due*: $3,577.52
* Additional Stipulation Charges may accrue during the repayment term as identified in this
Stipulation which will need to be satisfied on or before the last payment due to fully comply with
the terms of the Stipulation.
Preview
Filing # 174418162 E-Filed 06/01/2023 03:48:42 PM IN THE COUNTY COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: 2022-CC-012201 DIVISION: CC-I LAKE MANDARIN HOMEOWNERS ASSOCIATION, INC., Plaintiff, VS. SHERRY ABNEY, et al., Defendants. / AFFIDAVIT OF NON-COMPLIANCE Before me, the undersigned authority appeared, Emily M. Sordian, who being duly sworn, says that Defendant, SHERRY ABNEY, failed to timely remit monthly payment installments as required and agreed upon pursuant to the Stipulation entered into on or about December 21, 2022. 1 The Defendant failed to timely remit her monthly payment installments due to Plaintiff as outlined in the Stipulation attached hereto as Exhibit A. 2. Asa result of the Defendant’s default in payment, Plaintiff requests enforcement of the terms of the Stipulation, specifically Paragraphs eight (8) which states: In the event of a default of this Stipulation, the Association shall be immediately entitled to apply for entry of Final Judgment of Foreclosure and breach of contract upon the remaining balance of the Account plus any Additional Stipulation Charges, if not previously entered, and to schedule or reschedule a lien foreclosure sale without the need for a hearing. The Association shall be entitled to collect the amount of the total balance of the Account due, including attorney fees and costs incurred or to be incurred, less any amounts paid as of the date of default. 3. The Defendant’s first payment was due December 15, 2022, and the Defendant agreed to make monthly payments on the 15th of each month in the amount of $149.06. The ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 06/01/2023 03:49:02 PM Defendant defaulted under the terms of the agreement in April of 2023, when she failed to make payment. 4. The Plaintiff has sent the Defendant courtesy emails regarding the outstanding balance and default of the payment plan per the terms of the Stipulation. 5. The Plaintiff is proceeding with this action against the Defendant because the terms of the Stipulation have not been honored and have been defaulted upon. FURTHER AFFIANT SAYETH NOT. Gil, / / 1 Emily M. pe STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, subscribed and acknowledged before me this 1* day of June 2023, by Emily M. Sordian who is personally known to me and who did take an oath. . Notary Public RIPLEY RAMSAY pH 948528 expires Apa29, 2027 DocuSign Envelope ID: 6C3C5789-0DAA-4C6F-8C58-7A28906EDBA2 IN THE COUNTY COURT, FOURTH JUDICIAL DISTRICT, IN AND FOR, DUVAL COUNTY, FLORIDA CASE NO.: 2022-CC-012201 DIVISION: CC-I LAKE MANDARIN HOMEOWNERS ASSOCIATION, INC. , Plaintiff, vs. SHERRY ABNEY, et al., Defendants. / COME NOW the parties, Plaintiff Lake Mandarin Homeowners through Association, Inc. undersigned counsel, and Defendant, Sherry Abney, individually, and through undersigned counsel, and agree: STIPULATION FOR REPAYMENT OF ACCOUNT This Stipulation for Repayment of Account is entered into by Sherry Abney, hereinafter referred to as the “Owner” (whether singular or plural), and Lake Mandarin Homeowners Association, Inc. , hereinafter referred to as the “Association”. RECITALS A At all material times hereto, Owner has owned the real property located at 3339 Laurel Grove North , Jacksonville, FL 32223, hereinafter referred to as the “Property” which is subject to the governing documents of the Association. The Association has alleged that Owner has become delinquent on their account with the Association. As of the date of this Stipulation, Owner is indebted to the Association for assessments, late fees, costs and fees of collections, and other charges, hereinafter the “Account”. Owner desires to enter into an agreement to repay this Account by making installment payments according to the terms as set forth herein, herein referred to as this “Stipulation”. WHEREAS, THE PARTIES AGREE HERETO AS FOLLOWS: DocuSign Envelope ID: 6C3C5789-0DAA-4C6F-8C58-7A28906EDBA2 Recitals. The Recitals above are hereby re-incorporated and made a part of this Stipulation as if fully stated below. a Term. The term of this Stipulation shall be for 23 months, beginning the date the first payment is due per Schedule "A" attached hereto. The Effective Date shall be the date this Stipulation is signed by the Owner or when the first payment is received by the Association, whichever is first. Additional Stipulation Charges. Additional charges shall accrue on the Account which shall be added to the Account total to be repaid under this stipulation, as follows: a) Assessments: All assessments that may accrue during the term of this Stipulation so long as Owner is the owner of the property subject to this action. b) Interest: Interest on all assessments due or coming due during the term of this Stipulation, which will accrue at a rate of 18%. °) Late Fee: A stipulation late fee in the amount of $25.00 shall be automatically incurred on any payment that is more than five (5) days late. da) Attorney Fee: An attorney fee of $150.00 is charged for up to each six month period of this Stipulation, which is charged as a lump-sum total as of the effective date of this Stipulation. °) Costs: Costs that accrue during the term of this Stipulation, such as postage, copies, insufficient fund costs, and clerk of court costs. Accruing Charges: Any additional charges to the Account, such as fines, special assessments, or corrective maintenance charges that may accrue during the term of this Stipulation. Repayment Balance: The Repayment Balance is the total repayment amount due under this Stipulation in the sum of $3,577.52 as of the effective date of this Stipulation. This Repayment Balance will include all Additional Stipulation Charges set forth in Section 3 which have not yet been incurred or have accrued, but will become part of the Repayment Balance if and when they are incurred or accrue. Payment Schedule: Payments under the Stipulation on the Repayment Balance is set forth on Schedule “A” attached hereto and made part hereof. If any Additional Stipulation Charges are incurred or accrue during the term of this Stipulation, the last payment due under the Stipulation will automatically adjust to cause the Repayment Balance to be paid in full at that time. Extensions: The term of this Stipulation shall not be extended without express approval by the Association. Missed payments or late payments will not delay future payments coming due under the Stipulation, and the Owner must ensure that the Repayment Balance is paid in full by the end of the Stipulation’s term. Application of Payments: Any payments received by the Owner will be applied pursuant to Florida Law. DocuSign Envelope 1D: 6C3C5789-0DAA-4C6F-8C58-7A28S906EDBA2 8. os Litigation and Release: If litigation is necessary to enforce the Owner’s Account or the terms of this Stipulation, this Stipulation may be submitted to a court of competent jurisdiction. Owner agrees that the terms and accounting contained herein are true and correct. Execution of this Stipulation shall serve as consent by Owner to personal jurisdiction of a court of competent jurisdiction to enforce the terms of this Stipulation and the Owner’s Account. Owner hereby waives any defense and/or claim as to the acts of the Association, its agents, attorneys, and assigns with regard to the collection of Owner's account including the receipt or sufficiency of any notice, warning, demand, or lien concerning the Owner's account. In the event of a default of this Stipulation, the Association shall be immediately entitled to apply for entry of Final Judgment of foreclosure and breach of contract upon the remaining balance of the Account plus any Additional Stipulation Charges, if not previously entered, and to schedule or reschedule a lien foreclosure sale WITHOUT NEED FOR A HEARING. The Association shall be entitled to collect the amount of the total balance of the Account due, including attorney fees and costs incurred or to be incurred, less any amounts paid as of the date of default. Upon completion of this Stipulation, this Stipulation shall serve as a full release of any and all claims that Association and Owner may have or had against each other, their agents or attorneys arising from collection of this Account to date, including any and all attorney fees and costs incurred in this action. Forbearance of Litigation during term of Stipulation. If there is ongoing litigation between the parties as of the effective date of this Stipulation regarding the Owner’s Account, the parties agree to suspend such litigation during the term of this Stipulation until such time as this Stipulation is completed or there is a default hereunder. If all amounts due under this Stipulation are timely paid and paid in full, then the Association shall cause to be dismissed any action for collection of delinquent amounts which was secured by this Stipulation and to record a Release of the Claim of Lien for the amounts secured by this Stipulation, if any. 10. Payments, Owner shall make all payments due herein to: Crabtree Law Group, P.A., 8777 San Jose Blvd., Building A, Suite 200, Jacksonville, FL 32217, which shall be made by way of cashier’s check, certified funds, money order, or cash. Wire instructions may be provided upon request. ll Default. Time is of the essence. Owner shall be in default of this Stipulation if any payment, including any late fee charged thereupon, remains unpaid for more than fifteen (15) days, without further notice. Owner is directed to ensure that all payments due under the Stipulation are received by the Association timely. Any receipt or deposit of any late payment by the Association, whether partial or in full, will be applied to the Owner’s Account and does not automatically reinstate the Stipulation or cure the default thereof. Reinstatement of the Stipulation after default is in the sole and absolute discretion of the Association and may require additional or modified terms to this Stipulation. The initiation of mortgage foreclosure proceedings or bankruptcy in connection with the subject property shall be considered and construed as a default of the Owner under the Stipulation. The Association is entitled to recover its attorneys fees and costs in the connection of enforcing this Stipulation and charge same to the owner's Account, whether incurred pre-trial, at trial, or on appeal. [ SIGNATURE PAGE TO FOLLOW] 3 DocuSign Envelope 1D: 6C3C5789-0DAA-4C6F-8C58-7A28906EDBA2 DATE: Crabtree Law Group, P.A. The Law Offices of Alexander E. Borell /s/ Emily M. Sordian /s/ Jason Palladino Emily M. Sordian, Esquire Jason Palladino, Esquire Florida Bar No. 1030718 Florida Bar No.: 1033831 ems@crabtreefirm.com jpalladino@borell.com 8777 San Jose Boulevard 201 E. Kennedy Boulevard, Suite 1680 Building A, Suite 200 Tampa, Florida 33602 Jacksonville, Florida 32217 Telephone: (813) 621-6221 Telephone (904) 732-9701 Attorney for Defendant Sherry Abney Attorneys for Plaintiff/Association S suSigned by: Sry Dery eAdait Sherry Abney DocuSign Envelope ID: 6C3C5789-0DAA-4C6F-8C58-7A28906EDBA2 CLG File # 2084.211078 Sherry Abney 3339 Laurel Grove North Jacksonville, FL 32223 SCHEDULE "A" Information disclosed herein is calculated only through December 5, 2022, see accompanying correspondence for instructions to obtain updated accounting. PAYMENT SCHEDULE* AYMENT DATE AMOUNT 12/15/2022 $149.06 01/15/2023 $149.06 02/15/2023 $149.06 03/15/2023 $149.06 04/15/2023 $149.06 05/15/2023 $149.06 06/15/2023 $149.06 07/15/2023 $149.06 08/15/2023 $149.06 09/15/2023 $149.06 10/15/2023 $149.06 11/15/2023 $149.06 12/15/2023 $149.06 01/15/2024 $149.06 02/15/2024 $149.06 03/15/2024 $149.06 04/15/2024 $149.06 05/15/2024 $149.06 06/15/2024 $149.06 07/15/2024 $149.06 08/15/2024 $149.06 09/15/2024 $149.06 10/15/2024 $149.06 11/15/2024 $149.14 Total Balance Due*: $3,577.52 * Additional Stipulation Charges may accrue during the repayment term as identified in this Stipulation which will need to be satisfied on or before the last payment due to fully comply with the terms of the Stipulation.