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Filing # 163063203 E-Filed 12/14/2022 04:15:42 PM
IN THE CIRCUIT COURT OF THE 1st JUDICIAL CIRCUIT
IN AND FOR ESCAMBIA COUNTY, FLORIDA
TD BANK, N.A, successor by merger to
TD Banknorth, N.A.,
CASE NO. 2020-CA-002138-15-W
Plaintiff,
Vv.
JOHN LYONS, an individual,
Defendant.
ORDER GRANTING TD BANK, N.A.’S MOTION FOR SUMMARY JUDGMENT AND
FINAL JUDGMENT
Plaintiff's Motion for Summary Judgment was heard before the Court on December 6, 2022,
and the Court having reviewed the motion and submissions of the parties and having heard oral
argument, the Court finds that there are no genuine issues of material fact that the Commercial
Guaranty is a valid agreement, that John Lyons breached the Commercial Guaranty by failing to
make payments as agreed, and that TD Bank, N.A., suffered damages in the amount of
$59,192.42. For this reason, TD Bank, N.A.’s Motion for Summary Judgment is GRANTED.
1. Amount Due. Plaintiff, TD Bank, N.A., is due:
PRINCIPAL $ 42,600.00
ASSOCIATED COSTS 10.22
ACCRUED INTEREST $ 16,095.35
COURT COSTS 486.85
TOTAL $59,192.42
3. There are no equitable considerations that would prohibit the granting of Plaintiffs
motion.
IN ACCORDANCE with the findings herewith, it is:
ORDERED AND ADJUDGED as follows:
4. Judgment be, and the same is, hereby entered in favor of the Plaintiff, TD Bank, N.A.,
and against the Defendant, John Lyons.
5. The Plaintiff, TD Bank, N.A., with a principal office located at 1 Portland Sq., 3“ FLR,
Portland, ME 04101; Defendant, John Lyons, with a last known address of 4984 Genevive Ct.,
Pensacola, FL 32526, the sum of $42,600.00, together with costs in the amount of $16,592.42,
making a total of $59,192.42, and judgment interest accruing at 4.75% per annum pursuant to
Prepared: December 6, 2022
Fla. Stat. §55.03, for all of which let execution issue forthwith.
6. Itis further ORDERED and ADJUDGED that each debtor shall complete under oath
Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required
attachments, and serve it on the judgment creditor’s attorney within 45 days from the date of this
judgment, unless the final judgment is satisfied or post judgment discovery is stayed.
7. Jurisdiction of this case is retained to enter further orders that are proper to compel the
judgment debtors to complete Form 1.977, including all required attachments, and serve it on the
judgment creditor’s attorney.
DONE AND ORDERED at Escambia County, Florida.
=
\
eSignedo»clrcurt JUDGE JAN SHACKELFORD in 2020 CA 001527
on 12/14/2022 14:24:12 ro7onfSP
Copies furnished to:
David A. Wolfe, Esq.
Attomey for Plaintiff
Christopher R. Johnson, Esq.
Attomey for Defendant
WWRi# 40341233
Prepared: December 6, 2022
IN THE CIRCUIT COURT OF THE 18 JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA.
TD BANK, N.A, successor by merger to
TD Banknorth, N.A.,
CASE NO. 2020-CA-002138-15-W
Plaintiff,
Vv.
JOHN LYONS, an individual,
Defendant.
/
FORM 1.977. FACT INFORMATION
SHEET (a) For Individuals.
Full Legal Name:
Nicknames or Aliases:
Residence Address:
Mailing Address (if different):
Telephone Numbers: (Home)
(Business)
Name of Employer:
Address of Employer:
Position or Job Description:
Rate of Pay: $ per Average Paycheck: $ per
Average Commissions or Bonuses: $ per
Commissions or bonuses are based on
Other Personal Income: $ from
(Explain details on the back of this sheet or an additional sheet if necessary.)
Social Security Number: Birthdate:
Driver’s License Number:
Marital Status: Spouse’s Name:
FEES GGG GG GGG GGG GAGGIA
Spouse Related Portion
Spouse’s Address (if different):
Spouse’s Social Security Number: Birthdate:
Spouse’s Employer:
Spouse’s Average Paycheck or Income: $ per
Other Family Income: $
(Explain details on back of this sheet or an additional sheet if necessary.)
Describe all other accounts or investments you may have, including stocks, mutual funds,
savings bonds, or annuities, on the back of this sheet or on an additional sheet if necessary.
Prepared: December 6, 2022
FES GGG CSG GG GCG GGG GGG CGR IORRCEICE
Names and Ages of All Your Children (and addresses if not living with you):
Child Support or Alimony Paid: $ per
Names of Others You Live With:
Who is Head of Your Household? You Spouse Other Person
Checking Account at: Account #
Savings Account at: Account #
For Real Estate (land) You Own or Are Buying:
Address:
All Names on Title:
Mortgage Owed to:
Balance Owed:
Monthly Payment: $ (Attach
a copy of the deed or mortgage, or list the legal description of the property on the back of this
sheet or an additional sheet if necessary. Also provide the same information on any other
property you own or are buying.)
For All Motor Vehicles You Own or Are Buying:
Year/Make/Model: Color:
Vehicle ID #: Tag No: Mileage:
Names on Title: Present Value: $
Loan Owed to:
Balance on Loan: $
Monthly Payment: $
(List all other automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or
aircraft, on the back of this sheet or an additional sheet if necessary.)
Have you given, sold, loaned, or transferred any real or personal property worth more than $100
to any person in the last year? If your answer is “yes,” describe the property, market value, and
sale price, and give the name and address of the person who received the property.
Does anyone owe you money? Amount Owed: $
Name and Address of Person Owing Money:
Reason money is owed:
Please attach copies of the following:
a. Your last pay stub.
Db. Your last 3 statements for each bank, savings, credit union, or other
financial account.
c. Your motor vehicle registrations and titles.
d. Any deeds or titles to any real or personal property you own or are
buying, or leases to property you are renting.
e. Your financial statements, loan applications, or lists of assets and
liabilities submitted to any person or entity within the last 3 years.
f. Your last 2 income tax returns filed.
UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE
Prepared: December 6, 2022
FOREGOING ANSWERS ARE TRUE AND COMPLETE.
Judgment Debtor
STATE OF FLORIDA
COUNTY OF
Swom to (or affirmed) and subscribed before me this day of (year) by
(name of person making statement)
Notary Public State of Florida
My Commission expires:
Florida Rules of Civil Procedure
Personally known OR Produced Identification
Type of identification produced
YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL
ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE
JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM
WITH THE CLERK OF COURT.
Prepared: December 6, 2022
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Filing # 163063203 E-Filed 12/14/2022 04:15:42 PM IN THE CIRCUIT COURT OF THE 1st JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA TD BANK, N.A, successor by merger to TD Banknorth, N.A., CASE NO. 2020-CA-002138-15-W Plaintiff, Vv. JOHN LYONS, an individual, Defendant. ORDER GRANTING TD BANK, N.A.’S MOTION FOR SUMMARY JUDGMENT AND FINAL JUDGMENT Plaintiff's Motion for Summary Judgment was heard before the Court on December 6, 2022, and the Court having reviewed the motion and submissions of the parties and having heard oral argument, the Court finds that there are no genuine issues of material fact that the Commercial Guaranty is a valid agreement, that John Lyons breached the Commercial Guaranty by failing to make payments as agreed, and that TD Bank, N.A., suffered damages in the amount of $59,192.42. For this reason, TD Bank, N.A.’s Motion for Summary Judgment is GRANTED. 1. Amount Due. Plaintiff, TD Bank, N.A., is due: PRINCIPAL $ 42,600.00 ASSOCIATED COSTS 10.22 ACCRUED INTEREST $ 16,095.35 COURT COSTS 486.85 TOTAL $59,192.42 3. There are no equitable considerations that would prohibit the granting of Plaintiffs motion. IN ACCORDANCE with the findings herewith, it is: ORDERED AND ADJUDGED as follows: 4. Judgment be, and the same is, hereby entered in favor of the Plaintiff, TD Bank, N.A., and against the Defendant, John Lyons. 5. The Plaintiff, TD Bank, N.A., with a principal office located at 1 Portland Sq., 3“ FLR, Portland, ME 04101; Defendant, John Lyons, with a last known address of 4984 Genevive Ct., Pensacola, FL 32526, the sum of $42,600.00, together with costs in the amount of $16,592.42, making a total of $59,192.42, and judgment interest accruing at 4.75% per annum pursuant to Prepared: December 6, 2022 Fla. Stat. §55.03, for all of which let execution issue forthwith. 6. Itis further ORDERED and ADJUDGED that each debtor shall complete under oath Florida Rule of Civil Procedure Form 1.977 (Fact Information Sheet), including all required attachments, and serve it on the judgment creditor’s attorney within 45 days from the date of this judgment, unless the final judgment is satisfied or post judgment discovery is stayed. 7. Jurisdiction of this case is retained to enter further orders that are proper to compel the judgment debtors to complete Form 1.977, including all required attachments, and serve it on the judgment creditor’s attorney. DONE AND ORDERED at Escambia County, Florida. = \ eSignedo»clrcurt JUDGE JAN SHACKELFORD in 2020 CA 001527 on 12/14/2022 14:24:12 ro7onfSP Copies furnished to: David A. Wolfe, Esq. Attomey for Plaintiff Christopher R. Johnson, Esq. Attomey for Defendant WWRi# 40341233 Prepared: December 6, 2022 IN THE CIRCUIT COURT OF THE 18 JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA. TD BANK, N.A, successor by merger to TD Banknorth, N.A., CASE NO. 2020-CA-002138-15-W Plaintiff, Vv. JOHN LYONS, an individual, Defendant. / FORM 1.977. FACT INFORMATION SHEET (a) For Individuals. Full Legal Name: Nicknames or Aliases: Residence Address: Mailing Address (if different): Telephone Numbers: (Home) (Business) Name of Employer: Address of Employer: Position or Job Description: Rate of Pay: $ per Average Paycheck: $ per Average Commissions or Bonuses: $ per Commissions or bonuses are based on Other Personal Income: $ from (Explain details on the back of this sheet or an additional sheet if necessary.) Social Security Number: Birthdate: Driver’s License Number: Marital Status: Spouse’s Name: FEES GGG GG GGG GGG GAGGIA Spouse Related Portion Spouse’s Address (if different): Spouse’s Social Security Number: Birthdate: Spouse’s Employer: Spouse’s Average Paycheck or Income: $ per Other Family Income: $ (Explain details on back of this sheet or an additional sheet if necessary.) Describe all other accounts or investments you may have, including stocks, mutual funds, savings bonds, or annuities, on the back of this sheet or on an additional sheet if necessary. Prepared: December 6, 2022 FES GGG CSG GG GCG GGG GGG CGR IORRCEICE Names and Ages of All Your Children (and addresses if not living with you): Child Support or Alimony Paid: $ per Names of Others You Live With: Who is Head of Your Household? You Spouse Other Person Checking Account at: Account # Savings Account at: Account # For Real Estate (land) You Own or Are Buying: Address: All Names on Title: Mortgage Owed to: Balance Owed: Monthly Payment: $ (Attach a copy of the deed or mortgage, or list the legal description of the property on the back of this sheet or an additional sheet if necessary. Also provide the same information on any other property you own or are buying.) For All Motor Vehicles You Own or Are Buying: Year/Make/Model: Color: Vehicle ID #: Tag No: Mileage: Names on Title: Present Value: $ Loan Owed to: Balance on Loan: $ Monthly Payment: $ (List all other automobiles, as well as other vehicles, such as boats, motorcycles, bicycles, or aircraft, on the back of this sheet or an additional sheet if necessary.) Have you given, sold, loaned, or transferred any real or personal property worth more than $100 to any person in the last year? If your answer is “yes,” describe the property, market value, and sale price, and give the name and address of the person who received the property. Does anyone owe you money? Amount Owed: $ Name and Address of Person Owing Money: Reason money is owed: Please attach copies of the following: a. Your last pay stub. Db. Your last 3 statements for each bank, savings, credit union, or other financial account. c. Your motor vehicle registrations and titles. d. Any deeds or titles to any real or personal property you own or are buying, or leases to property you are renting. e. Your financial statements, loan applications, or lists of assets and liabilities submitted to any person or entity within the last 3 years. f. Your last 2 income tax returns filed. UNDER PENALTY OF PERJURY, I SWEAR OR AFFIRM THAT THE Prepared: December 6, 2022 FOREGOING ANSWERS ARE TRUE AND COMPLETE. Judgment Debtor STATE OF FLORIDA COUNTY OF Swom to (or affirmed) and subscribed before me this day of (year) by (name of person making statement) Notary Public State of Florida My Commission expires: Florida Rules of Civil Procedure Personally known OR Produced Identification Type of identification produced YOU MUST MAIL OR DELIVER THIS COMPLETED FORM, WITH ALL ATTACHMENTS, TO THE JUDGMENT CREDITOR OR THE JUDGMENT CREDITOR’S ATTORNEY, BUT DO NOT FILE THIS FORM WITH THE CLERK OF COURT. Prepared: December 6, 2022