Legal Document: LVNV FUNDING LLC vs. REICES, EVALLISE

On November 01, 2021 a was filed involving a dispute between Lvnv Funding Llc, and Reices, Evallise, for SMALL CLAIMS in the District Court of Osceola County.

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Service Worksheet and return of Service

PERSON TO SERVE: EVALLISE REICES (Defendant) Process No. 22-007822
Address : 2818 PAYNES PRAIRIE CIR
City, State, Zp: KISSIMMEE, FL 34743 Phone: (407) 692-2336 CELL

Name Type : Defendant Court Date : 06/29/22
Date Issued : 04/11/22 Court Code : CO Copies: 1
Date Received : 07:12:00 04/29/22
Court Number : 21SC5696SP

LVNV FUNDING LLC vs. EVALLISE REICES

Plaintiff Defendant

Service Requirements: Fri Apr 29 07:14:32 EDT 2022 ATRE

PAPERS TO SERVE: Notice, Civil Complaint

{] INDIVIDUAL SERVICE: Pursuant to F.S.S. 48.031(1)
[] SUBSTITUTE SERVICE: Pursuant to F.S.S. 48.031(1) (2) (a) (b) by serving:
[] OTHER SERVICE: Pursuant to F.S.S. 48.031(4) (a) (Designated person) by serving
[] MINOR SERVICE: Pursuant to F.S.S. 48.041 by serving:
[] INCOMPETENT SERVICE: Pursuant to F.S.S. 48.042 by serving:
[] PARTNERSHIP SERVICE: Pursuant to F.S.S. 48.061 by serving:
[] CORPORATE SERVICE: Pursuant to F.S.S. 48.081(1) (2)or(3) by serving:
[] PUBLIC AGENCY SERVICE: Pursuant to F.S.S. 48.111 by serving:
[] POSTED: Pursuant to F.S.S. 48.183 (residential-landlord/tenant):
[] POSTED: Pursuant to F.S.S. 83.22 (non-residential removal of tenant):
{] POSTED: Pursuant to F.S.S. 83.62 (Writ of Possession):
[] POSTED: Pursuant to F.S.S. 78.065(2)
(c) (replevin-order to show cause):
[] POSTED: Pursuant to F.S.S. 197.522(TAX WARRANT):
_i4 NON-SERVICE: Reason: fet
{] OTHER: Explain:
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Name:
Relationship: Title:
Corporate name: Agency:

Remarks:

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Service Attempts: Ss 3s _
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Address Served/Posted at if different from above: 2eee

Marcos Lopez, Sheriff
Osceola County, Florida
Served: Date Time:

Non-Served: Date 17 L Time: J2-e
By: ID# EYES
SHERIFF / OFFLINE 22) 0CIC GO 85443580
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MAIL TO SERVE BY 06/22/2022
Fae alae alahala ahha aaa LAST HEARING 06/29/2022
: FL Sheriff - Osceola* (MO) (FL only) :
: 2 Courthouse Square Suite 1700 :
: Kissimmee, FL 34741 :

: FILE ORIGINAL THEN
: i RETURN PROOF TO ABC
PIER UTITEOTIPITILPTT 633 Yesler Way
Seattle, WA 98104
SERVICE TO
Evallise Reices
2818 Paynes Prairie Cir
Kissimmee, FL 34743-6060

a7 COLLECTIONS - DOCUMENTS
Complaint; Exhibits; Notice To Appear For Pre-Trial Conference; Standing Order

C) SPECIAL HANDLING
Servee approx age: 47
2818 Paynes Prairie Cir, Kissimmee, FL 34743-6060
(--?) CUSTOMER RULES
DO NOT attempt another address
without authorization.
- Please add the sheriff cost and dispatch. Do not serve at subject's place of
employment. Report non-service.
Vehicles registered to defendant: 2011 Grey
MERCEDES BENZ E CLASS, FL license plate
6725UZ; 2010 White White CADILLAC ESCALADE, ~”
FL license plate 874RIV; 2006 Black HUMMER k2, om
FL license plate 2008YP O
Phone numbers for subject: 407-692-2336 and
407-201-5082
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CUSTOMER Mandarich Law Group LLP LL
REF 4461231 Need help? oO
COURT FL Small Claims Court for Osceola County 206-521-9000 a)
CASE# 2021 SC 005696 SP ; ; abclegal.com [D)
TITLE LVNV FUNDING LLC vs. Evallise Reices 04/22/2022
Court Stamp Here

AFFIDAVIT OF SERVICE

Court

Plaintiff Case #
LVNV FUNDING LLC 2021 SC 005696 SP

Defendant Hearing Date/Time
Evallise Reices

Evallise Reices

Pere
Documents

Complaint;Exhibits;Notice To Appear For Pre-Trial Conference;Standing Order

Received by , on the day of , 20 to be served upon
Evallise Reices at 2818 PAYNES CIR, KISSIMMEE, FL 34743.

I, , being duly sworn, depose and say that on the day of
, 20 at o'clock M, | SERVED the within named defendant at 2818 Paynes
Prairie Cir, Kissimmee, Osceola County, FL 34743-6060 in the manner described below:
C7 Individual Service
by personally delivering a copy of the below-listed documents to the named Defendant.
a

Physical description

C] Substituted / Residential Service
by personally leaving a copy of the below-listed documents at his/her usual place of abode with:

Name Relationship
Person Receiving Documents and Their Relationship
a

Physical description

who is 15 years of age or older, a person residing therein of who confirmed the Defendant resides at the above address and
informed that person of the contents thereof.

COMMENTS

Ref 4461231 Tracking # 0086019096

fee oo @oociegal terme TTT MNT LM
Plaintiff Defendant Case #
LVNV FUNDING LLC Evallise Reices 2021 SC 005696 SP

| asked the indicated person whether the defendant was presently in the military service of the United States
Government or in active duty in the military service of the State of Florida, their response is circled below:

Yes No Refused (circle one)

Documents Served: Complaint; Exhibits; Notice To Appear For Pre-Trial Conference; Standing Order, with the
date and hour of service endorsed thereon by me.

| am over the age of eighteen, not a party to nor interested in the above entitled action, and have the proper authority in
the jurisdiction in which this service was made, pursuant to Chapter 48 of Florida Statutes. Under penalties of perjury, |
declare that | have read the foregoing document and that the facts stated in it are true and accurate.

NAME: ;
a

First Name Last Name Server ID # Date

Notary Public: Subscribed and sworn before me on this day of in the year of 20__.
Personally known to me or identified by the following document:
Number/Reference:
Type:
Notary Public for State of:
Notary Public (Legal Signature) Commission Expiration:

Ref 4461231 _ Tracking # 0086019096

fee @eooclegal terrors TTT TNA AT
Court Stamp Here

NON-SERVICE AFFIDAVIT

Court

Plaintiff Case #
LVNV FUNDING LLC 2021 SC 005696 SP

Defendant Hearing Date/Time
Evallise Reices

Evallise Reices

Lanai
Documents

Complaint;Exhibits;Notice To Appear For Pre-Trial Conference;Standing Order

Received by , on the day of , 20 to be served upon
Evallise Reices at 2818 PAYNES CIR, KISSIMMEE, FL 34743.

I, , being duly sworn, depose and say that on the day of
, 20 at o'clock M, | NON-SERVED the within named defendant.

After due search, careful inquiry and diligent attempts at 2818 Paynes Prairie Cir, Kissimmee, Osceola County, FL
34743-6060, | have been unable to effect process upon the person//entity being served due to the following reason(s):
Date Time Address Remarks
a

COMMENTS

Ref 4461231 _ Tracking # 0086019106

Eee GOCIegal te LAA AA
0078544600 © fore Mandarich Law Group
Plaintiff Defendant Case #

Documents Served: Complaint; Exhibits; Notice To Appear For Pre-Trial Conference; Standing Order, with the
date and hour of service endorsed thereon by me.

First Name Last Name Server ID # Date

Notary Public: Subscribed and sworn before me on this day of inthe year of 20__.
Personally known to me or identified by the following document:
Number/Reference:
Type:
Notary Public for State of:
Notary Public (Legal Signature) Commission Expiration:

Ref 4461231 _ Tracking # 0086019106

Ee Qoocegal te MM
0078544600 N\eaae Mandarich Law Group
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NOTICE TO APPEAR FOR VIRTUAL PRE-TRIAL CONFERENCE/MEDIATION
IN THE COUNTY COURT FOR THE NINTH JUDICIAL CIRCUIT
INAND FOROSCEOLACOUNTY,FLORIDA 5.
LVNV FUNDING LLC VS. EVALLISE REICES
CASENO.:2021 SC005696%y;
Wt < E
THE STATE OFFLORIDATO: ,
‘ ELECTRONICALLY eiveoe@ Ze) |

__ BVALLISEREICES
»818 PAYNES PRAIRIE CIR
KISSIMMEE, FL 34743-6060
| Wries INOSCEOLACOUNTY,
DATE: 11/01/2021FLORI ) B
|
|
a
PLEASE BEADVISED that the above-named Plaintiffhas made claim and is requestingjudgment against & i i
you inthe sum of $1,717.54 as shown by the Statement of Claim attached, together with $215.00 filing fees
plus service fees to date.

YOU ARE HEREBY NOTIFIED that you are required to appear, or by an attorney via video using Microsoft
Teams, 2 Courthouse Square Kissimmee, FL 34741 on June 29, 2022 at 9:00 A.M. for a PRETRIAL
CONFERENCE.

IMPORTANT- READ CAREFULLY

THE CASE WILL NOT BE TRIED AT THE VIRTUAL PRETRIAL CONFERENCE SO DO NOT
BRING WITNESSES. YOU MUST APPEAR, OR BY AN ATTORNEY VIA VIDEO USING
MICROSOFT TEAMS. ONLY THE NAMED PARTY AND ANY NECESSARY INTERPRETER MAY
ATTEND.

Defendant(s) must appear as stated on the date specified in order to avoid a default judgment. Plaintiff(s)
must appear as stated on the date specified in order to avoid having the case dismissed for lack of
prosecution. A written MOTION or ANSWER to the Court by the plaintiff(s) or defendant(s) shall not excuse
the 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.
Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings
by any principal of the business entity who has legal authority to bind the business entity or any employee
authorized in writing by a principal of the business entity. A principal is defined as being an officer, member,
managing member, or partner of the business entity. Written authorization must be brought to the Pretrial
Conference.

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.
Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this
pretrial conference may result in the imposition of costs and attorney fees incurred by the opposing party.
Tf you admit the claim, but desire additional time to pay, you must state the circumstances to the court. The
court may or may not approve a payment plan and withhold judgment or execution or levy.
RIGHT TO VENUE: The law gives the person or company who has sued you the right to file suit 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. Ifthe suit is on unsecured promissory note, where the note is signed or where the 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 resides,
6. Any location agreed to in a contract,
7. In an action for money due, ifthere is no agreement as to where suit may be filed, where payment
is to be made.

If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must
appear in person 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 7 days prior to your first court date and send a
~ copy to the plaintiff(s) or the plaintiff(s) attorney, if any.
If the party serving summons has designated e-mail address(es) for service or is represented by an attorney, you
may designate e-mail address(es) for service by you through the Florida E-filing Portal found at
https://www.myflcourtaccess.com/ For more information about the E-Filing portal, visit
https://www, floridasupremecourt.org/Practice-Procedures/A bout-E-Filing-Portal#use
You must keep the Clerk of Court’s office notified of your current address, especially if the address for
this summons was different from where you were actually served. Future papers in this lawsuit will be
served at the address on record at the clerk’s office. The failure to update your correct address with the
Clerk of Court may result in actions taken against you without your knowledge.
A copy of the Statement of Claim shall be served with this summons.
SsOU ii « as .
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(Ceca pa out \2\
ENS iT) JE ,

Issued: April 11, 2022 publ Clerk 6
TO JOIN YOUR VIRTUAL PRE-TRIAL CONFERENCE
June 29, 2022 at_ 9:00 am
| Before the HONORABLE STEFANIA C JANCEWICZ | os

- Instructions: | :
1. Open the camera on your smart device. : oe
2. Point the camera at the QR code.
3. Position the camera so that the QR code is centered in your screen.
4. Hold the camera in front ofthe QR code for a moment so it can focus
and recognize the QR code.
5. Tap the QR code image on your screen to open the link.

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or type the following link into your browser:
https://tinyurl.com/60PTCJUNE29900

FAILURE OF EITHER PARTY TO APPEAR AT THE PRETRIAL CONFERENCE MAY RESULT IN
THE ENTRY OF A DEFAULT JUDGMENT OR A DISMISSAL OF THE ACTION BY THE COURT.
VIDEOCONFERENCE HEARING PROCEDURES |
Osceola County CIVIL Division 60-G
B ~ A a - ~ . a Soni es ~ .

REPRESENTED PARTIES: :

PLEASE CAREFULLY READ AND BE FAMILIAR WITH THESE .
PROCEDURES BEFORE YOUR SCHEDULED VIDEOCONFERENCE
. HEARING AS THERE ARE TIME SENSITIVE DEADLINES AND TASKS |
TO COMPLETE PRIOR TO YOUR HEARING.
.
A . a a . a - . . —_ :

Due to the COVID-19 pandemic and administrative orders from the Florida Supreme
Court and Ninth Judicial Circuit, there is limited court access. During Phase I, parties and :
attorneys in person appearance at the Courthouse is limited to Essential or Critical
Proceedings. During Phase II, parties, attorneys and witness in person appearance is
limited and authorized for certain proceeding types (refer to Fl. S. Ct. Admin Order
AOSC20-23 Amendment 5 and any subsequent updates) During Phase 3, in person contact is
more broadly authorized. Courts are encouraged to conduct proceedings via remote technologies
where available and appropriate. To ensure that your videoconference hearing runs smoothly, all
participants shall abide by the following procedures:

TECHNOLOGY & DEVICE REQUIREMENTS ;

PROGRAM USED. The Court will be using Microsoft Teams to conduct Court proceedings. ,
DEVICE NEEDED. A desktop computer, laptop computer, tablet, or smartphone may be used
aa for the hearing. A camera is preferred for all person participating in the Video Hearing. A ;
microphone is required for all persons participating in a Videoconference Hearing. A camera
and microphone is required for all person who will be testifying. Most devices have a built in
microphone and camera. Ifyou do not have any ofthis equipment available to you, please
immediately contact the Judicial Assistant, Olga Melendez at 60osceola@ninthcircuit.org.

Page 1 of4 )
HOW TO ACCESS MICROSOFT TEAMS.

1. Windows based device. The program can be downloaded from the Microsoft
website for free. Alternatively, the program can be accessed by clicking the link provided by the
court if the user is operating on Microsoft Edge or Google Chrome web browsers. It is preferred
to download the program which will auto-launch when the link is clicked.
. 2. Mac/Apple Based Products. The program can be downloaded from the
Microsoft website for free. Alternatively, the program can be accessed by clicking the link
provided by the court if the user is operating on Microsoft Edge or Google Chrome web
browsers. The program WILL NOT work with the Safari or Internet Explorer web browsers. It
is preferred to download the program which will auto-launch when the link is clicked.
3. Android based mobile devices and tablets. Download the free Teams
application from the Google Play Store and install it on your device. Allow camera and
microphone access. Once the link is emailed to you, clicking the link will automatically launch
the Teams program.

4, Apple/IOS based mobile devices and tablets. Download the free Teams
application from the App Store and install it on your device. Allow camera and microphone
access. Once the link is emailed to you, clicking the link will automatically launch the Teams
program.

PREPARING FOR THE VIDEOCONFERENCE

1. Upon receipt ofthese instructions, and no less than 2 business days prior to the
videoconference hearing, all participants shall download thefree Microsoft Teams App from
https://teams.microsoft.com/downloads (for a computer) or the App Store for their smart phone
or device.

2. Counsel and/or pro se parties shall provide the judicial assistant with the email
address for each hearing participant at the time of scheduling the videoconference hearing but
not later than 2 business days prior to the hearing. Participants include counsel, parties,
witnesses, interpreters, and court reporters.

3. The judicial assistant will send an invitation to the Microsoft Teams meeting to
the hearing participants based only on the emails provided by counsel or pro se parties. Counsel
and/or pro se parties may share the link with their witnesses.
4. Hearing participants will click on the meeting link invitation provided by the
judicial assistant at least five minutes prior to the scheduled time ofthe videoconference hearing.
5. All participants will be waiting in the virtual Microsoft Teams “lobby” until the
judge initiates the videoconference hearing. Witnesses will remain in the lobby until such time as
they are called to testify. DO NOT leave the waiting room unless excused.
Page 2 of 4
Preparing Evidence for the Videoconference
1. No later than 3 business days before the hearing, counsel and/or pro se parties
shall exchange any and all exhibits and have a substantive, good faith telephone conference to
address stipulations and objections to the admissibility of any exhibits.
2. After the substantive, good faith telephone conference and no Jater than 2
business days before the hearing, the parties are to pre-mark the exhibits (i.e. Defense Ex A,
Plaintiff Exhibit C, etc.) that they intend to use during the hearing, file these exhibits with the
Clerk of Court, and send opposing parties as well as the Court a copy of said exhibits. If a video
is being used, the original video shall be provided to the Judge’s chambers no later than 2
business days before the hearing. Counsel introducing the video shall have the ability to play the
video (with sound) from their electronic device and share the screen with all participants. Ifthere
are objections to the admissibility of any exhibits, the party raising the objection shall identify
the exhibit and identify the ground(s) of any objection at the appropriate time during the hearing.
After hearing argument, the court will rule on the objection(s).

Preparing Witnesses for the Videoconference
1. Pursuant to current COVID-19 CDC guidelines and orders from all levels of
government, all participants must abide by social distancing requirements and limit in-person
contact. As such, witnesses do not need to be present with the attorneys or self-represented
parties during the videoconference hearing and it is preferred that such witnesses participate in
the videoconference hearing remotely from their own home or office. ;
2. Witness must be provided copies of all pre-marked exhibits prior to the hearing.
3. The witness shall be instructed not to look or refer to any other document or
device during his or her testimony.

4, Counsel and/or self-represented party is responsible for providing these
instructions to any witnesses and ensuring their compliance.
5. Witness are discouraged from being in the same physical space as the attorney or
self-represented party. However, in the event a witness or party testifying is in the same physical
space as the attorney or self-represented party questioning the witness, the witness must be at
least 6 feet away from any other person in the room and the camera shall be directed at the
witness. The attorney or self-represented party may not assist the witness with answers in any
way, including but not limited to gestures, notes, or facial expressions, or otherwise impact or
influence the witness’ testimony “off camera.”

Page 3 of 4
Procedures During the Videoconference Hearing
1. At the beginning of the videoconference hearing, the judge will call the case and
instruct all participants when to announce themselves for purposes ofthe record.
, 2. All participants shall place their microphones on mute unless they are speaking or
wish to make an objection.

3. All efforts shall be undertaken not to interrupt other speakers during the
videoconference hearing, unless it is necessary to assert an objection.
4. If an interpreter is necessary, all participants shall be speak slowly, in short
complete sentences or questions, and allow time for translation. No one shall respond to a
question posed by another participant until the question has been translated. ,
5. Participants (other than the Court) MAY NOT use the Microsoft Teams App or
any other device to record the video conference.
6. All participants are required to ensure that no children are able hear or see the
videoconference hearings.

7. All participants are required to identify anyone that may be observing the
proceedings with them. This is essential for the rule of sequestration to be effective and ensure
the credibility of testimony.

Questions
We recognize that these are new procedures and challenging times for everyone. We are here to
help and do our best to make sure your case is timely heard. Please do not hesitate to contact the
judicial assistant at 60osceola@ninthcircuit.org if our office can assist you with any questions
about these procedures or preparations for the videoconference. With practice and patience, we
will all get more proficient with these new technologies and platforms. Thank you for your
commitment to your clients, our legal community and profession.

Page 4 of 4
IN THE COUNTY/CIRCUIT COURT OF
THE NINTH JUDICIAL CIRCUIT, IN
AND FOR ORANGE AND OSCEOLA
COUNTY, FLORIDA

IN RE: CIVIL CASE MANAGEMENT
PLAN AND ORDER

STANDING CASE MANAGEMENT PLAN/ORDER
(General Track)

PURSUANT TO /n re: Comprehensive COVID-19 Emergency Measures for
Florida Trial Courts, Fla. Admin. Order No. AOSC20-23 (Amendment 12) (April 13,
2021), and Ninth Judicial Circuit Court Administrative Order No. 2021-04 (collectively
the "Case Management Administrative Orders"), this case is before the Court for case
management. Based on the case type of the initial filing in this case, the Case
Management Administrative Orders, and pursuant to Rule 2.545, Fla. R. Gen. Prac. &
Jud. Admin., the Court hereby establishes a case management plan. Itis hereby

ORDERED that:

1. COMPLIANCE WITH THIS CASE MANAGEMENT PLAN/ORDER: The
parties shall strictly comply with the terms of this Case Management Plan/Order, unless
otherwise ordered by the Court. FAILURE TO COMPLY WITH ALL REQUIREMENTS
OF THIS ORDER WILL RESULT IN THE IMPOSITION OF SANCTIONS. If the parties
believe that an alternate plan is required or more appropriate, then the parties shall
meet, confer and agree on a plan that complies with the time standards set forth in Rule
2.250, Fla. R. Gen. Prac. & Jud. Admin. The parties may submit an agreed upon plan
to the division judge for consideration, or set the matter for a case management
conference.

2. ADDITIONAL NINTH CIRCUIT AND DIVISION SPECIFIC GUIDELINES:
All counsel and unrepresented parties shall familiarize themselves and comply with the
requirements of the following: (i) Amended Administrative Order Establishing the
Ninth Judicial Circuit Court Circuit Civil Court Guidelines 2012-03-01);
(AQ (ii)
Amended Administrative Order Establishing the Ninth Judicial Circuit Courtroom
Decorum Policy 2003-07-02)
{AQ (iii) Amended Administrative Order Establishing
the Ninth Judicial Circuit Court County Civil Court Guidelines, Orange County
(AQ2017-04-01) and (iv) division-specific
any guidelines that may be applicable.
3. MODIFICATION OF THIS ORDER: The parties may not, individually or
by agreement, alter or extend the deadlines in this Order, or waive any of the provisions
of this Order. The provisions of this Order may be modified only upon motion/stipulation
and Court order in accordance with applicable law.

4. SERVICE OF THIS ORDER WITH INITIAL PROCESS: Pursuant to the
Case Management Orders, the Plaintiff shall file a copy of this Order in the case. Any
party serving an initial pleading (complaint, third-party complaint, etc.) in this case shall
serve a copy of this Order together with initial service of process.

CASE MANAGEMENT PLAN - GENERAL TRACK
Note: All dates are to be calculated from the date of filing of the initial complaint unless
otherwise noted.

120 days
Deadline for Service of Process extended 150 days, failing same, all unserved
if not accomplished within 120 days: defendants are dismissed without
prejudice
Deadline for Leave to Add Parties and Motions must be set for hearing and
Amend Pleadings: heard within 90 days from service on the
last defendant, or deemed abandoned
and denied

Motions to Dismiss, Motions for More Must be set for hearing and heard within
Definite Statement, Motions to Strike and 60 days from filing of the
any objections to the pleadings: motion/objection, or deemed abandoned
and denied. Non-movant shail timely
submit a proposed order in the event the
motion/objection is deemed abandoned
and denied

Deadline for Completion of Fact and 450 days
Expert Discovery: (additional disclosure and discovery
deadlines will be established by the
Uniform Order Setting Pre-Trial and Trial
in the case)
Pre-trial Motions, including Dispositive Must be filed no later than 15 days after
and Daubert Motions completion of discovery and heard no
later than 7 days prior to the pre-trial
conference, or deemed abandoned and
denied
Mediation/Alternative Dispute Resolution Within 30 days after completion of the
depositions of all parties, counsel shall
meet and confer regarding whether an
early mediation would be productive to
resolution of certain issues or the entire
case. A final mediation shall occur no
later than 30 days after completion of all
discovery
Approximate Pre-Trial Conference: 17 months
Actual Date to be set by Trial Order
Approximate Trial Date: 18 months
Actual date to be set by Trial Order

5. NOTICES FOR TRIAL: Within ten (10) days of the case being at issue as defined
by Rule 1.440, Fla. R. Civ. P., the Plaintiff shall confer with opposing counsel/party
regarding the anticipated length of trial and file a Notice for Trial. The Plaintiff shall
forward a copy of the Notice for Trial to the Judicial Assistant at the Division email
address noted on the Ninth Circuit website.

6. DISCOVERY: All counsel and unrepresented parties shall familiarize themselves
with the current edition of the Florida Handbook on Civil Discovery Practice and seek
to resolve discovery issues without court intervention whenever possible.

7. SETTLEMENT: The case will not be removed from the docket until all documents
necessary for closure of the case are filed with the Clerk and notification has been
provided to the judicial assistant. A notice of settlement is not sufficient to remove
the case from the trial docket.

DONE AND ORDERED in Orange/Osceola County, Florida.

ChiefJudge |
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 ADA
Coordinator in your county at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than 7 days. If you are hearing or
voice impaired, call 711.

ORANGE COUNTY: Human Resources, Orange County Courthouse, 425
N. Orange Avenue, Suite 510, Orlando, Florida, (407) 836-2303

OSCEOLA COUNTY: Court Administration, Osceola County
Courthouse, 2 Courthouse Square, Suite 6300, Kissimmee, Florida,
(407) 742-2417
REV 04/29/2021
MLG - 4461231 IN THE COUNTY COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA

SMALL CLAIMS DIVISION
CASENO. —‘“CSCsSSCSC
LVNV FUNDING LLC
Plaintiff,

vs.

EVALLISE REICES
Defendant.
/

STATEMENT OF CLAIM

COMES NOW the Plaintiff, LVNV FUNDING LLC, by and through its undersigned

attorney, sues Defendant EVALLISE REICES, and alleges:
GENERAL ALLEGATIONS

1. This is an action for damages in an amount less than or equal to $8,000.00, exclusive of

interest, costs and attorney fees, and comes within the jurisdiction of this Court.

2. Plaintiff is a foreign corporation authorized to bring this action pursuant to Fla. Stat. §

607.1501 (2)(a).

3. Defendant is a resident of OSCEOLA County, Florida.

4. All conditions precedent to the bringing of this action has been performed, have

occurred or have been waived.

COUNT I

(ACCOUNT STATED)

5. Plaintiff incorporates and realleges paragraphs 1-4.
6. | Defendant made purchases and/or received cash advances utilizing credit extended by

CREDIT ONE BANK, N.A. (the 'Creditor') , account number

XXXXKXXXXKKXXX3118.

7. In accordance with the transactions made by Defendant on the account (the 'Account’)

heretofore mentioned, Creditor and Defendant agreed to the resulting balance.

8. Creditor rendered statement(s) of the Account to Defendant, copies of which are

attached hereto and incorporated herein as Exhibit 'A', and Defendant did not object to

the statement(s).

9. | Defendant failed and/or refused to pay for said purchases or cash advances as agreed,

or otherwise.

10. Plaintiff has purchased the debt incurred by Defendant and now owns and holds all

rights relative thereto, as evidenced by a copy of the ownership transfer documents

attached hereto and incorporated herein as Exhibit 'B'.

11. Defendant owes Plaintiff $1,717.54.

WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $1,717.54 plus

costs, and such other and further relief as the Court may deem just and proper.

COUNT
II

(UNJUST ENRICHMENT)

12. Plaintiff incorporates and realleges paragraphs 1-4 and paragraph 10.

13. The Creditor has conferred a benefit on Defendant by providing credit for cash

advances, products and/or goods and services.

14. Defendant has knowledge of the benefit and the use thereof by Defendant constitutes

an unjust enrichment of Defendant at Plaintiff's expense.
15. Defendant has accepted or retained the benefit conferred and the circumstances are

such that it would be inequitable for the Defendant to retain the benefit without paying

fair value for it. Defendant has failed to pay for said benefit and Defendant has

therefore been unjustly enriched.

16. Asaresult of the unjust enrichment of Defendant, Plaintiff has been damaged in an

amount in equal to $1,717.54.

WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $1,717.54

plus costs, and such other and further relief as the Court may deem just and proper.

Mandarich Law Group, LLP

/s/ Michelle K. Hines, Esq.
Harold E. Scherr, Esq. FBN 240486
Michelle K. Hines, Esq. FBN 85092
Andrea M. Roebuck, Esq. FBN 89386
P.O. Box 952289
Lake Mary, FL 32795
Phone: 407-995-3004
Facsimile: 407-583-4964
florida@mandarichlaw.com
Attorneys for Plaintiff

DESIGNATION OF EMAIL ADDRESS

Pursuant to Fla. R. Jud. Admin. 2.516 Plaintiff's Counsel hereby designates
florida@mandarichlaw.com
as its primary email address for the receipt of pleadings.
EXHIBIT A
. . ; CREDIT ONE BANK GREDIT CARD STATEMENT
. Account Number iM 3.1.18
September 26, 2019 to October 25, 2019

SUMMARY OF ACCOUNT ACTIVITY PAYMENT INFORMATION
Previous Batance $1,643.12 New Balance $1,717.54
Payments - $0.00 Past Due Amount $488.00
Other Credits - $0.00 Amount Due This Period $1,264.54
Purchases + $0.00 Minimum Payment Due $1,717.54
Cash Advances + $0.00 Payment Due Date 44/21/19
Fees Charged * $43.25
L

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JANCEWICZ, STEFANIA C Track Judge’s New Case

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November 16, 2054

Case Filing Date

November 01, 2021

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