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Filing # 66007374 E-Filed 01/02/2018 05:19:09 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
2050 CONDOTEL INN CONDOMINIUM
ASSOCIATION, INC., a Florida non-profit
corporation,
CASE NO.: 2017-CA-000260
Plaintiff,
vs.
EDUARDO I. VASQUEZ; UNKNOWN
TENANT #1; UNKNOWN TENANT #2,
Defendants.
/
NOTICE OF FILING
Plaintiff, 2050 CONDOTEL INN CONDOMINIUM ASSOCIATION, INC., by and through
the undersigned attorney, hereby files the attached:
1 Affidavit of Reasonable Attorney’s Fees; and
2 Affidavit of Indebtedness.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via eFiling, Email
and/or U.S. Mail to: George Castrataro, Esq., LAW OFFICES OF GEORGE CASTRATARO PA, 707
NE 3" Ave., Ste. 300, Ft. Lauderdale, FL 33304 — george@lawgc.com, jarad@lawge.com,
help@lawgc.com, pleadings@lawge.com, on this 2"4 day of January, 2018.
/s/ Christopher Bertels
PATRICK H. WILLIS, Esquire
Florida Bar No, 526665
Primary Email: pwillis@willisoden.com
CHRISTOPHER BERTELS, Esquire
Florida Bar No. 98267
Secondary Email: cbertels@willisoden.com
WILLIS & ODEN
2121 Hiawassee Rd., Suite 116
Orlando, FL 32835
Telephone No. 407-903-9939
Facsimile No. 407-903-9929
Counsel for Plaintiff
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
2050 CONDOTEL INN CONDOMINIUM
ASSOCIATION, INC., a Florida not for profit
corporation,
CASE NO.: 2017-CA-000260
Plaintiff,
vs.
EDUARDO I. VASQUEZ, UNKNOWN
TENANT #1, and UNKNOWN TENANT #2,
Defendants.
/
AFFIDAVIT OF REASONABLE ATTORNEY’S FEES
STATE OF FLORIDA
COUNTY OF SEMINOLE
BEFORE ME, the undersigned authority, this day personally appeared, NEIL A. SAYDAH,
ESQ., an attorney with the SAYDAH LAW FIRM, who first being duly sworn, deposes and says:
1 He is now and has been for 12 years a member of The Florida Bar and is currently a
practicing attorney in Seminole County, Florida.
2. He is aware of the history of this case and the work that has been performed on behalf
of the Plaintiff by Patrick H. Willis, Esq., and Christopher Bertels, Esq., in connection with the
above-styled cause. He is familiar with the amount of time and work reasonably required or involved
in representing the Plaintiff's interests prior to litigation as well as the preparation and prosecution of
this lawsuit.
3 Affiant is familiar with reasonable attorneys’ fees for the successful prosecution of a
foreclosure lawsuit in cases similar to this litigation. Affiant finds that the reasonable and proper
attorneys’ fees to Patrick H. Willis, Esq., and Christopher Bertels, Esq., for services rendered on
behalf of Plaintiff prior to litigation and also in prosecuting the above-styled lawsuit, taking into
consideration the time required, the amount in controversy, the problems involved and the customary
charge of members of The Florida Bar for similar services is at least $250.00 per hour for Patrick H.
Willis, Esq., and is at least $200.00 per hour for Christopher Bertels, Esq.
4. Affiant is of the opinion that the all of the time spent by Plaintiff's counsel in
pursuing the Plaintiff's interests regarding this dispute was reasonable and that the work was done in
an efficient manner. Accordingly, Affiant finds that the following attorneys’ fees are proper and
reasonable:
2.5 hours at $250.00 per hour for Patrick H. Willis, Esq.
16.9 hours at $200.00 per hour for Christopher Bertels, Esq.
Total: $3,380.00
5. Affiant is familiar with the guidelines set forth in Florida’s Patient Compensation
Fund y. Rowe, and the above opinion was calculated in conformity with that case.
FURTHER AFFIANT SAYETH NAUGHT.
iL A. SAYDAH, ESQ.
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this | 5 day of October, 2017, by
NEIL A, SAYDAH, who is personally known to me or who has produced
as identification (include driver’s license number and state
of issuance) and who did take an oath.
SWORN TO and subscribed before me on hi: \ g day of October, 2017,
.
oa
ie ROSEMARY ZEIGER:
Nofary Public QCD’
.¢ MY COMMISSION #66 032105 My Commission Expires:
Brae September 20, 2020
12/18/2817 2:36 8132883939 OmMP PAGE 41/83
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
2050 CONDOTEL INN CONDOMINIUM
ASSOCIATION, INC., a Florida not for profit
corporation,
CASE NO.: 2017-CA-000260
Plaintiff,
vs.
EDUARDO I. VASQUEZ, UNKNOWN
TENANT #1, and UNKNOWN TENANT #2,
Defendants.
/
AFFIDAVIT OF INDEBTEDNESS
STATE OF F. LORIDA.
COUNTY OP scoala
BEFORE ME, the undersigned authority, this day personally appeared,
Bow Hwy ; as Agent for Plaintiff, 2050 CONDOTEL INN
CONDOMINIUM ASSOCIATION, INC. (“Associations”), who first being duly sworn, deposes
and says:
1 Affiant is over the age of 18 years, is sui juris, and is otherwise competent to
swear to the facts in this Affidavit.
2 Affiant has personal knowledge of the facts referenced in this Affidavit,
3 Affiant, by nature of his/her position with the Plaintiff's Property Management
Company, has personal knowledge that Defendant(s) is/are delinquent in the payment of
assessments and fees in the following amounts:
Maintenance Fees/Late Fees/Interest/Admin. Fees: $50,547.16
(not including attomeys’ fees or legal costs)
(113304-0092) - 00240434 v1
12/18/2817 62:36 8132883933 OMP. PAGE 82/3
and will incur additional assessments of $500.00, late fees and interest accrued thereon through
the entry of final judgment of foreclosure.
4, In addition to the amounts indicated above, additional assessments, late fees,
interest charges, and attorneys’ fees and costs may come due.
5 Each and every allegation contained in the Complaint is true.
6 Atticle 10 of the Declaration of Condominium provides that the Association is
entitled to file a Claim of Lien and pursue a foreclosure action against the Defendant(s) in the
event the assessments are not timely paid,
7
Defendant(s), EDUARDO I. VASQUEZ, UNKNOWN TENANT #1, and
UNKNOWN TENANT #2, is/are the fee simple owner(s) of the following described real estate:
Unit 173, of 2050 Condotel Inn, A Condominium, according to the Declaration
of Condominium thereof recorded in Official Records Book 2785, page 2890, of
the public Records of Osceola County, Florida, and all amendments thereto,
together with in undivided share in the common elements.
Said property has the following street address: 2050 E. Irlo Bronson Memorial
Hwy., Unit 173, Kissimmee, FL 34744.
8 As a result of Defendant’s failure to timely pay the assessments, Plaintiff,
pursuant fo the governing documents of the Associations, recorded a Lien against the
Defendant’s property. A true and correct copy of the subject Lien is attached to the Motion for
Summary Judgment.
9 Defendant(s) is/are delinquent in the payment of the assessments and Plaintiff is
entitled to foreclose upon its Claim of Lien for said assessments. Plaintiff has repeatedly advised
Defendant(s) that a foreclosure action would proceed unless the assessments were paid in a
timely fashion.
(113304-0092) - 00240434 v1
12/18/2817 @2:36 8132083933 OMP PAGE 83/83
10. Defendant(s) is/are delinquent in the payment of assessments and, therefore.
pursuant to Article 10 of the Declaration of Condominium, the Association is entitled to
foreclose upon Defendant’s property.
ii Article 10 of the Declaration of Condominium expressly provide that the
Association’s Claim of Lien shall secure all assessments, interest, costs, late charges and also
attorneys’ fees. The Association has had to retain the undersigned counsel and is obligated to
pay said counsel a reasonable fee for services rendered.
FURTHER AFFIANT SAYETH NAUGHT.
2050 CONDOTEL INN CONDOMINIUM ASSOCIATION, INC.
pA As-
Name:
Title: LC ANA
The fore; a ani hin wwiedged before me this \%
WN aka day of December,
2017, by as Agent for Plaintiff, who is personally known
to me or who has produced as identification (include
driver’s license number and state of issuance) and who did take an oath.
SWORN TO and subscribed before me on this | & day of December, 2017.
Be
Notary Public
My Commission Expires: 4 [oof Bo
Notary Publo State of Florida
© Addanne Castano
Wie My Gonteniasion
GG 048099,
(113304-0092) ~ 00240434 vi
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Filing # 66007374 E-Filed 01/02/2018 05:19:09 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA 2050 CONDOTEL INN CONDOMINIUM ASSOCIATION, INC., a Florida non-profit corporation, CASE NO.: 2017-CA-000260 Plaintiff, vs. EDUARDO I. VASQUEZ; UNKNOWN TENANT #1; UNKNOWN TENANT #2, Defendants. / NOTICE OF FILING Plaintiff, 2050 CONDOTEL INN CONDOMINIUM ASSOCIATION, INC., by and through the undersigned attorney, hereby files the attached: 1 Affidavit of Reasonable Attorney’s Fees; and 2 Affidavit of Indebtedness. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via eFiling, Email and/or U.S. Mail to: George Castrataro, Esq., LAW OFFICES OF GEORGE CASTRATARO PA, 707 NE 3" Ave., Ste. 300, Ft. Lauderdale, FL 33304 — george@lawgc.com, jarad@lawge.com, help@lawgc.com, pleadings@lawge.com, on this 2"4 day of January, 2018. /s/ Christopher Bertels PATRICK H. WILLIS, Esquire Florida Bar No, 526665 Primary Email: pwillis@willisoden.com CHRISTOPHER BERTELS, Esquire Florida Bar No. 98267 Secondary Email: cbertels@willisoden.com WILLIS & ODEN 2121 Hiawassee Rd., Suite 116 Orlando, FL 32835 Telephone No. 407-903-9939 Facsimile No. 407-903-9929 Counsel for Plaintiff IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA 2050 CONDOTEL INN CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, CASE NO.: 2017-CA-000260 Plaintiff, vs. EDUARDO I. VASQUEZ, UNKNOWN TENANT #1, and UNKNOWN TENANT #2, Defendants. / AFFIDAVIT OF REASONABLE ATTORNEY’S FEES STATE OF FLORIDA COUNTY OF SEMINOLE BEFORE ME, the undersigned authority, this day personally appeared, NEIL A. SAYDAH, ESQ., an attorney with the SAYDAH LAW FIRM, who first being duly sworn, deposes and says: 1 He is now and has been for 12 years a member of The Florida Bar and is currently a practicing attorney in Seminole County, Florida. 2. He is aware of the history of this case and the work that has been performed on behalf of the Plaintiff by Patrick H. Willis, Esq., and Christopher Bertels, Esq., in connection with the above-styled cause. He is familiar with the amount of time and work reasonably required or involved in representing the Plaintiff's interests prior to litigation as well as the preparation and prosecution of this lawsuit. 3 Affiant is familiar with reasonable attorneys’ fees for the successful prosecution of a foreclosure lawsuit in cases similar to this litigation. Affiant finds that the reasonable and proper attorneys’ fees to Patrick H. Willis, Esq., and Christopher Bertels, Esq., for services rendered on behalf of Plaintiff prior to litigation and also in prosecuting the above-styled lawsuit, taking into consideration the time required, the amount in controversy, the problems involved and the customary charge of members of The Florida Bar for similar services is at least $250.00 per hour for Patrick H. Willis, Esq., and is at least $200.00 per hour for Christopher Bertels, Esq. 4. Affiant is of the opinion that the all of the time spent by Plaintiff's counsel in pursuing the Plaintiff's interests regarding this dispute was reasonable and that the work was done in an efficient manner. Accordingly, Affiant finds that the following attorneys’ fees are proper and reasonable: 2.5 hours at $250.00 per hour for Patrick H. Willis, Esq. 16.9 hours at $200.00 per hour for Christopher Bertels, Esq. Total: $3,380.00 5. Affiant is familiar with the guidelines set forth in Florida’s Patient Compensation Fund y. Rowe, and the above opinion was calculated in conformity with that case. FURTHER AFFIANT SAYETH NAUGHT. iL A. SAYDAH, ESQ. STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged before me this | 5 day of October, 2017, by NEIL A, SAYDAH, who is personally known to me or who has produced as identification (include driver’s license number and state of issuance) and who did take an oath. SWORN TO and subscribed before me on hi: \ g day of October, 2017, . oa ie ROSEMARY ZEIGER: Nofary Public QCD’ .¢ MY COMMISSION #66 032105 My Commission Expires: Brae September 20, 2020 12/18/2817 2:36 8132883939 OmMP PAGE 41/83 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA 2050 CONDOTEL INN CONDOMINIUM ASSOCIATION, INC., a Florida not for profit corporation, CASE NO.: 2017-CA-000260 Plaintiff, vs. EDUARDO I. VASQUEZ, UNKNOWN TENANT #1, and UNKNOWN TENANT #2, Defendants. / AFFIDAVIT OF INDEBTEDNESS STATE OF F. LORIDA. COUNTY OP scoala BEFORE ME, the undersigned authority, this day personally appeared, Bow Hwy ; as Agent for Plaintiff, 2050 CONDOTEL INN CONDOMINIUM ASSOCIATION, INC. (“Associations”), who first being duly sworn, deposes and says: 1 Affiant is over the age of 18 years, is sui juris, and is otherwise competent to swear to the facts in this Affidavit. 2 Affiant has personal knowledge of the facts referenced in this Affidavit, 3 Affiant, by nature of his/her position with the Plaintiff's Property Management Company, has personal knowledge that Defendant(s) is/are delinquent in the payment of assessments and fees in the following amounts: Maintenance Fees/Late Fees/Interest/Admin. Fees: $50,547.16 (not including attomeys’ fees or legal costs) (113304-0092) - 00240434 v1 12/18/2817 62:36 8132883933 OMP. PAGE 82/3 and will incur additional assessments of $500.00, late fees and interest accrued thereon through the entry of final judgment of foreclosure. 4, In addition to the amounts indicated above, additional assessments, late fees, interest charges, and attorneys’ fees and costs may come due. 5 Each and every allegation contained in the Complaint is true. 6 Atticle 10 of the Declaration of Condominium provides that the Association is entitled to file a Claim of Lien and pursue a foreclosure action against the Defendant(s) in the event the assessments are not timely paid, 7 Defendant(s), EDUARDO I. VASQUEZ, UNKNOWN TENANT #1, and UNKNOWN TENANT #2, is/are the fee simple owner(s) of the following described real estate: Unit 173, of 2050 Condotel Inn, A Condominium, according to the Declaration of Condominium thereof recorded in Official Records Book 2785, page 2890, of the public Records of Osceola County, Florida, and all amendments thereto, together with in undivided share in the common elements. Said property has the following street address: 2050 E. Irlo Bronson Memorial Hwy., Unit 173, Kissimmee, FL 34744. 8 As a result of Defendant’s failure to timely pay the assessments, Plaintiff, pursuant fo the governing documents of the Associations, recorded a Lien against the Defendant’s property. A true and correct copy of the subject Lien is attached to the Motion for Summary Judgment. 9 Defendant(s) is/are delinquent in the payment of the assessments and Plaintiff is entitled to foreclose upon its Claim of Lien for said assessments. Plaintiff has repeatedly advised Defendant(s) that a foreclosure action would proceed unless the assessments were paid in a timely fashion. (113304-0092) - 00240434 v1 12/18/2817 @2:36 8132083933 OMP PAGE 83/83 10. Defendant(s) is/are delinquent in the payment of assessments and, therefore. pursuant to Article 10 of the Declaration of Condominium, the Association is entitled to foreclose upon Defendant’s property. ii Article 10 of the Declaration of Condominium expressly provide that the Association’s Claim of Lien shall secure all assessments, interest, costs, late charges and also attorneys’ fees. The Association has had to retain the undersigned counsel and is obligated to pay said counsel a reasonable fee for services rendered. FURTHER AFFIANT SAYETH NAUGHT. 2050 CONDOTEL INN CONDOMINIUM ASSOCIATION, INC. pA As- Name: Title: LC ANA The fore; a ani hin wwiedged before me this \% WN aka day of December, 2017, by as Agent for Plaintiff, who is personally known to me or who has produced as identification (include driver’s license number and state of issuance) and who did take an oath. SWORN TO and subscribed before me on this | & day of December, 2017. Be Notary Public My Commission Expires: 4 [oof Bo Notary Publo State of Florida © Addanne Castano Wie My Gonteniasion GG 048099, (113304-0092) ~ 00240434 vi