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Filing # 64626598 E-Filed 11/27/2017 05:10:13 PM
IN THE CIRCUIT CIVIL COURT OF THE SEVENTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR FLAGLER COUNTY
CIVIL DIVISION
FREEDOM MORTGAGE CORPORATION
Plaintiff,
vs.
Case No.: 18-2017-CA-000357
RALPH L. SEARD A/K/A RALPH
LEFORD SEARD, MARILYN A. SEARD Division: 49
A/K/A MARILYN ANN SEARD, et al.,
Defendants.
PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF
ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF’S FINAL JUDGMENT
Plaintiff, FREEDOM MORTGAGE CORPORATION, pursuant to § 90.202 and § 90.203,
Fla.Stat., requests the court take judicial notice of the following documents and facts and states:
DOCUMENTS AND FACTS:
1 That the United States Bankruptcy Court for the Middle District of Florida is a court
of record of the United States.
2 Mortgagor, RALPH L. SEARD A/K/A RALPH LEFORD SEARD and MARILYN
ANN SEARD, filed voluntary petition seeking bankruptcy protection: Case 06:14-bk-10798-KSJ.
3 Included as part of the voluntary petition, Defendant filed numerous schedules,
including a Debtor’s Statement of Intention. A true and accurate copy of the schedules and related
documents filed with the Court are attached hereto as Exhibit A and B.
PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF
ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF'S
FINAL JUDGMENT
Case Number 2017-ca-000357
Flagler County
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 11/29/2017 03:16 PM
SUPPORT FOR JUDICIAL NOTICE:
Florida statute section 90.202(6) permits the Court to take judicial notice of “records of
any court of this state or of any court of record of the United States or of any state, territory, or
jurisdiction of the United States.” Defendant’s schedules and the Order discharging her debt can
be viewed online by accessing Pacer.
WHEREFORE plaintiff requests the Court take judicial notice of the documents and facts
stated in this request for use at trial.
Nicholas J. oefazo / Flérida Bar #089217
NRoefaro@kasslaw.com
PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF
ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF'S
FINAL JUDGMENT
Case Number 2017-ca-000357
Flagler County
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing PLAINTIFF’S REQUEST FOR
JUDICIAL NOTICE AND DESIGNATION OF ADDITIONAL EVIDENCE IN SUPPORT OF
PLAINTIFF’S FINAL JUDGMENT has been furnished to each of the following named parties
by United States Mail or Email on Novewlsey 2g 2017.
Served via U.S. Mail Served via U.S. Mail
MARILYN A. SEARD A/K/A MARILYN RALPH L. SEARD A/K/A RALPH LEFORD
ANN SEARD SEARD
22 PINE TREE DR 22 PINE TREE DR
PALM COAST, FL 32164 PALM COAST, FL 32164
Served via U.S. Mail
NAVY FEDERAL CREDIT UNION
C/O REGISTERED AGENT
OR ANY AUTHORIZED OFFICER/AGENT
820 FOLLIN LN SE
VIENNA, VA 22180
itholas J. Roefaro 7Florida Bar #089217
NRoefaro@kasslaw.com
Kass Shuler, P.A., Attorneys for Plaintiff
1505 N. Florida Ave.
Tampa, FL 33602
(813) 229-0900
The Primary e-mail address for electronic
service of all pleadings in this case under Rule
2.516 is as follows:
ForeclosureService@kasslaw.com
PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF
ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF'S,
FINAL JUDGMENT
Case Number 2017-ca-000357
Flagler County
6:14-bk-10798 | Ralph L Seard and Marilyn Ann Seard | Page | of3
6:14-bk-10798 | Ralph L Seard and Marilyn Ann Seard
Date Filed # Docket Text
02/04/2015 Bankruptcy Case Closed. (ADIclerk) (Entered: 02/04/2015)
02/04/2015 15 Order Approving Chapter 7 Account, Discharging Trustee, Canceling Band and Closing
Estate . Service Instructions: Clerks Office to serve. (Vivianne) (Entered: 02/04/2015)
01/29/2015 14 Request for Notice Filed by Creditor Recovery Management Systems Corp.. (GE Money
Bank) (Entered: 61/29/2015)
01/22/2015 13 Proof of Service of Order Granting Motion for Relief from Stay. Filed by Brandi Rainey
Lesesne on behalf of Creditor FREEDOM MORTGAGE CORPORATION (related document(s)
12). (Lesesne, Brandi) (Entered: 01/22/2015)
01/20/2015 12 Order Granting Motion For Reltef From Stay re Freedom Mortgage Corporation (Related
Doc # 9) Service Instructions: Brandi Lesesne is directed to serve a copy of this order on
interested parties and file a proof of service within 3 days of entry of the order. (Kimberly
G.) (Entered: 02/20/2015)
01/01/2015 11 BNC Certificate of Mailing - Order of Discharge. (related document(s) (Related Doc # 10))
Notice Date 01/01/2015. (Admin.) (Entered: 01/02/2015)
12/30/2014 10 Discharge of Debtor . Service Instructions: Clerks Office to serve. (Vivianne) (Entered:
12/30/2014)
12/15/2014 Recelpt of Filing Fee for Motion for Relief From Stay(6:14-bk-10798-KSJ) [motion,mrifsty]
( 176.00). Receipt Number 43555021, Amount Paid $ 176.00 (U.S. Treasury) (Entered:
12/15/2014)
12/15/2014 Motion for Rellef from Stay (Fee Paid.) Re: 22 Pine Tree Drive, Palm Coast, FL 32164.
Contains negative notice. Filed by Brandi Rainey Lesesne on behalf of Creditor FREEDOM
MORTGAGE CORPORATION (Lesesne, Brandi) (Entered: 12/15/2014)
12/03/2014 Request for Notice Filed by Alice A Blanco on behalf of Creditor OCWEN LOAN SERVICING,
LLC, (Blanco, Alice) (Entered: 12/03/2014)
10/30/2014 Meeting of Creditors Heid and Concluded on 10/28/2014. Chapter 7 Trustee's Report of
No Distribution: I, Dennis D Kennedy, having been appointed trustee of the estate of the
above-named debtor(s), report thatI have neither received any property nor paid any
money on account of this estate; that I have made a diligent inquiry into the financial
affairs of the debtor(s) and the location of the property belonging to the estate; and that
there is no property available for distribution from the estate over and above that
exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that thg
above-named debtor(s) has been fully administered. T request thatI be qd EXHIBIT
https://app.courtdrive.com/filings/flmbke_1 158093-6-14-bk-10798-ralph-l-seard-and-m
6:14-bk-10798 | Ralph L Seard and Marilyn Ann Seard | Page 2 of 3
Date Filed # Docket Text
any further duties as trustee. Key information about this case as reported In schedules
filed by the debtor(s) or otherwise found in the case record: This case was pending for 1
months. Assets Abandoned (without deducting any secured claims); $ 108128.00, Assets
Exempt: $ 6503.62, Claims Scheduled: $ 166564.00, Claims Asserted: Not Applicable,
Claims scheduled to be discharged without payment (without deducting the value of
collateral or debts excepted from discharge): $ 166564.00. (Kennedy, Dennis) (Entered:
10/30/2014)
09/30/2014 Notice of Limited Appearance of Isabel Freeman for the purpose of attending the Section
341 Meeting of Creditors on behalf of the attorney for debtor. Filed by Avie Meshbesher
Croce on behalf of Joint Debtor Marilyn Ann Seard, Debtor Ralph L Seard. (Croce, Avie)
(Entered: 09/30/2014)
00/27/2014 BNC Certificate of Mailing - Notice of Meeting of Creditors. (related document(s) (Related
Doc # 5)). Notice Date 09/27/2014. (Admin.) (Entered: 09/28/2014)
09/25/2034 The Clerk's Office has reviewed this case and it appears that the requirements of 11
U.S.C, Section 5214(a) have been met. (ADIclerk) (Entered: 09/25/2014)
09/25/2014 Notice of Commencement of Case, Section 341 Meeting of Creditors, and Fixing
Deadlines . Section 341{a) meeting to be held on 10/28/2014 at 10:30 AM at Orlando, FL
(687) Suite 1203B, George C. Young Courthouse, 400 West Washington Street. Last day
ta oppose discharge or dischargeability is 12/29/2014 , (Heather B.) (Entered:
09/25/2014)
-
09/24/2014 Certificate of Debtor Education Concerning Personal Financial Management Received from
Agency of Joint Debtors, Date Course was Completed: 09/24/14 . Filed by Avie
Meshbesher Croce on behalf of Joint Debtor Marilyn Ann Seard, Debtor Ralph L Seard.
(Croce, Avie) (Entered: 09/24/2014)
09/24/2014 Assignment of the Honorable Karen S. Jennemann, Bankruptcy Judge to this case. The
Trustee appointed to this case is Dennis D Kennedy . (autojtr-orl, orl) (Entered:
09/24/2014)
09/23/2014 Receipt of Filing Fee for Voluntary Petition (Chapter 7)(6:14-bk-10798) [misc,valp7a2]
{ 335.00). Receipt Number 42465809, Amount Paid $ 335.00 (U.S. Treasury) (Entered:
09/23/2014)
09/23/2014 Certificate of Credit Counseling. Date Course was Completed: 05/30/2014. Filed by Avie
Meshbesher Croce on behalf of Joint Debtor Marilyn Ann Seard, Debtor Ralph L Seard.
(Croce, Avie) (Entered: 09/23/2014)
09/23/2014
https://app.courtdrive.com/filings/flmbke_1158093-6-14-bk-10798-ralph-l-seard-and-mar... 11/27/2017
6:14-bk-10798 | Ralph L Seard and Marilyn Ann Seard| Page 3 of 3
Date Filed # Docket Text
Statement of Debtors Social Security Numbers Filed by Avie Meshbesher Croce on behalf
of Joint Debtor Marilyn Ann Seard, Debtor Ralph L Seard. (Croce, Avie) (Entered:
09/23/2014)
09/23/2014 1 Voluntary Petition under Chapter 7, (Fee Paid.). Schedules A-] and Summary of
Schedules. Statement of Financial Affairs. Statement of Intentions. Disclosure of
Compensation, Statement of Income and Means Test Calculation. Filed by Avie
Meshbesher Croce on behalf of Ralph £ Seard, Marilyn Ann Seard. (Croce, Avie) (Entered:
09/23/2014)
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Case 6:14-bk-10798-KSJ Doci1 Filed 09/23/14 Page 1 of 55
1 (Official Form 04/13)
United States Bankruptcy Court
Middle District of Florida Voluntary Petition
Name of Debtor
(if individual, enter Last, First, Middle): Name of Joint Deblar (Spouse) (Last, Fist, Middle):
Seard, Ralph L Seard, Marilyn Ann
[All Other Names used by the Deblor in the Tast 8 years [ATI Other Names used by the Joint Debtor in the Tast & years
(include married, maiden, and trade names): (include married, maiden, end trade names);
AKA Ralph Leford Seard
ast four digits of Soc. Sec. or Individual-Taxpayer LD, (ITINYComptete EIN {ast four digits of Soc. Sec. or Individual-Taxpayer LD. (7TIN) No/Compleie EIN
(more tha one, (if more than ans
— —
Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Deblor (No, and Street, City, and Siate):
22 Pine Tree Drive 22 Pine Tree Drive
Paim Coast, FL Paim Coast, FL
ZAP Code ZIP Code
32164 32164
County of Residence or of the Principal Place af Business: County of Residence or of the Principal Place of Business:
Flagler Flagler
Muiling Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from strect address):
ZIP Code ZIP Code
Location of Principal Assels of Business Debtor
{i difterent fram street address above):
Type of Debtor Nature of Business Chnpter of Bankruptcy Code Under Which
(Fort of Organization) (Check one box) (Check one box) the Petition is Filed (Check one box)
Bl Individual (includes Joint Debtors)
See Exhibte D on poge 2 uf dis form.
O Heshh Care Business MH Chopter 7
O Corparation (includes LLC and LLP)
O Single Asset Real Estate as defined
in 11 U.S.C. § 101 (51B) OF Chapter 9 O Chapter 15 Petition for Recognition
1 Chapter 11 ofa Foreign Main Proce ing.
O Partnership O Railroad
Other (if debtor is not one of the above entities, G Stockbroker O Chapter 12 C1 Chapter 15 Petition for Recognition
check this box and state ype of entity below.) O Commodity Broker O Chapter 13 of 6 Foreign Nonmain Proceeding
0 Clearing Bank
Chapter 15 Debtors O Other Nature of Debis
Country of debtor's center of main interests: Tax-Exempt Entlty (Check one box)
{Cheek box, if npplicatile) Bi Debts ore primarily consumer debts, O Debts ate primarily
Encl country in whieh » foreign proceeding CO Debtor is a tax-exempt organization fined in WU USC. 04(8)as business debs,
by, ceyarding, oF agaist debtor is peading: under Title 26 of th ‘United States ‘incurred by an indivi ual primarily for
Code (the ternal Revenue Code). ‘personal, fimily, or household purpose.
Filing Fee (Check one box) Check one box: Chapter 11 Debtors
BS Full Filing Fee anached O Deboris a small business debior as defined in 11 U.S.C. § 101(51D),
Debtor is not a small busi debtorus defined in 11 U.S.C. § 101(54D),
O Filing (o be paid in installments (applicable to individuals only). Must Check if:
attach signed applicarian for the coun's consideration certifying that the Gi Debtor's aggregate noncomingent fiquidnted debts (excluding debts owed to insiders or affiliates)
debtor unable to pay fee except in installments, Rule 1006(b). See Official
Form 3A, ace less than $2,490,925 (amaunt subject ta adjustment an 401/16 and every three years thervafier)
Check nll applicable boxes
O Filing Fee waiver requested (applicable to chapter 7 idtuals only), Must OA planis being filed with this pet jon.
atocht signed application for the cour's consideration, See Official Form 3B. OF Acceptances of the plan were solicited prepetition frons one ar more classes of creditors,
in accardance with 11 U.S.C. § 1126(b).
Statistical/Administrative Information THIS SPACE IS FOR COURT USE ONLY
i Debtor estimates that funds will be uvailable for distribution to unsecured creditors,
Hi Debior estimates that, after any exempt property is excluded and administrative expenses paid,
there will be no funds available for distribution to unsecured creditors,
Estimated Number of Creditors
1
a o Oo
50. 100. 200 #,000- 5,001- 10,001 25,001- 50,001- OVER
49 539 199 99 5,000 16,000 25,000 50,000 100,000 100,000,
Estimated Assets
Sd10 0 to ‘$100,001 to $500,001 1,000,001 10,000,001 ‘$50,000,001 '$100,000,001 $00,000,001 More than
550,000 100,000. $10 fo $100 wo $300 a1 billion $1 hilicn
million rrlion rillion tsilion rion
Estimated Liabilities
010 $50, $100,001 to ‘$500,001 51,000,001 Sio.g00.001 $50,000,001 Sio0.000,001 $Sv0.0u0,008 Mex EXHIBIT
0,000 on,000 Sia 10 $100 to $500 fo St billion SUbillion
cailion riltion million million milion
Case 6:14-bk-10798-KSJ Doci Filed 09/23/14 Page 2 of 55
BI (Officin! Form 1(04/13) Page 2
Voluntary Petition Name of Debtor(s):
Seard, Ralph L
(This page must be completed and filed in every case) Seard, Marilyn Ann
All Prior Bankruptey Cases Filed Within Last 8 Years (1fmore than two, attach additional shect)
Location Case Number: Date Filed:
Where Filed: > None -
Locstion Case Number: Date Filed:
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (I{'more than one, atlach additional sheet)
Nome of Debtor: Case Number: Date Filed:
- None-
District: Relationship: Judge:
Exhibit A Exhibit B
(To be completed if debtor is an individual whose debts are primarily consumer debts.)
{To be completed if debtor is required to file periodic reports (c. 1, the attorney for the petitioner named in the foregoing petition, declare that 1
forms 10K and 10Q) with the Securities and Exchange Commission fave informed the petitioner that [he or she] may proceed under chapter 7, 11,
pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 12, or 13 of title 11, United States Code, and have explained the relief available
and is requesting relief under chapter 11.) under cach such chapter, I further certify that | delivered to the debtor the notice
required by 11 U.S.C. §342(b).
C2 Exhibit A is attached and made a part of this petition. X_/s/ Avie Meshbesher Croce September 23, 2014
Signature of Attorney fur Debtor(s) (Date)
Avie Meshbesher Croce 0020619
Exh itC
Does the debtor own or have possession of uny property that poses or is alleged to pose o threat of imminent and identifiable harm to public health or safety’?
OO Yes, and Exhibit C is ainched and made a part of this petition,
No
Exhibit D
(To be completed by every individual debtor, Ifa joint petition is filed, each spouse must complete and attach a separate Exhibil D.)
Mi Exhibit D completed and signed by the debtor is attached and made a part of this petition.
Tfthis joint petition:
B Exhibit D also completed and signed by the joint debtor is attuched and made a part of this petition.
Information Regarding the Debtor - Venue
(Check uny applicable box)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180
days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in
this District, or has no principal place of business or assets in the United States but is a defendant in on action or
proceeding [in a federal ar state court] in this District, or the interests of the parties will be scrved in regard to the relief
sought in this District.
Certification by a Debtor Who Resides as a Tenunt of Residential Property
(Check all applicable boxes)
Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
Debtor claims that under applicable nonbankruptey faw, there ure circumstances under which the debtor would be permitied to cure
the entire monetary default that gave rise to the judgment for possession, afer the judgment for possession was entered, an
Debtor hus included with this petition the deposit with the court
of any rent that would become due during the 30-day period
afler the filing of the petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362().
Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 3 of 55
BI (Official Form 1)(04/13) Page 3
Voluntary Petition Name of Debior(s):
Seard, Ralph L
(This page must be completed and filed in every case) Seard, Marilyn Ann
Signatures
Signature(s) of Debtor(s) (Individuat/doint) Signature ofa Foreign Representatiy
1 declore under penalty of perjury that the information provided in this I declare under penalty of perjury that the information provided in this petition
petition is true and correct, is true and correct, that | am the Foreign representative of a debtor in » foreign
[Uf petitioner is an individual whose debis are primarily consumer debts and proceedit and that [ sm authorized to file this petition,
has chosen to file under chapter 7] I am aware that I may proceed under (Check only ane box.)
chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief
available under each such chapter, and choose to proceed under chapter 7. 17 L request relief in accordance with chapter 15 of title 11. United States Code.
[Hoo attorney represents me and ho bankruptcy petition preparer signs the Centified copies of the documents required by I1 U.S.C. §1515 are attached.
petition) | have obtained and tead she notice required by 11 U.S.C, §342(b). 0 Parsuant to 11 U.S.C. $1511, L request relief in accordance with the chapter
1 request relief in accordance with the chapter of title [1, United States Code, of title 11 specified in this petition, A certified copy of the order granting
specified in this petition Tecognition of the foreign main proceeding is attached.
X_!s/ Ralph L Seard x
ignature of ‘oreign Representative
Signature of Debtor Ralph L Seard
X _/s/ Marilyn Ann Seard Printed Name of Foreign Representative
Signature of Joint Debtor Marilyn Ann Seard
Date
Telephone Number (If not represented by altorney) Signature of Non-Attorney Bankruptcy Pet jou Preparer
September 23, 2014
I declare under penalty of perjury shat: (1) 1am a bankruptcy petition
Date preparer as defined in If U.S.C. 110; (2) 1 prepared this document for
Signature of Attorney*
compensation and have provided the debtor with a copy of this document
and the notices and information required under 11 U.S.C. §§ 110(b),
10(h), and 342(b); and, (3) if rules or guidelines have been promulgated
X __/s! Avie Meshbesher Croce pursuant to 1] U.S.C. § 110(h) setting a maximum fee for services
Signature of Attorney for Debtor(s)
chargeable by bunkrupley petilion preparers, I have en the debtor notice
of the maximum amount before preparing any document for filing for a
ie Meshbesher Croce 0020519 debtor or accepting any fee from the debtor, as required in that section.
inted Name of Attorney for Debtor(s)
Official Form 19 is attached.
Avie Meshbesher Croce
Firm Name Printed Name and title, funy, of Bankruptcy Pe jon Preparer
1301 Beville Road
Suite & Social: ‘ecurily number (Ifthe bankrutpey petition preparer is not
Daytona Beach, FL 32119 an individual, state the Social Security number of the officer,
principal, responsible person or partner of the bankruptcy petition
Address. preparer.)(Required by 11 U.S.C. § 110.)
Email: croceparalegal@cfl.rr.com
386-304-2821 Fax: 386-304-2338
Telephone Number
_September 23, 2014
Address
Date
*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a
cetlificutiun that the attorney hus nu knowledge afier an inquiry that the x
information in the schedules is incorrect.
Date
Signature of Debtor (Corporation/Partnership)
Signature of bankruptcy petition preparer or offi . principal, responsible
I declare under penolty of perjury that the information provided in this person,or partner whose Social Security number is provided abave,
petition is true and correct, and that I have been authorized to file this petition
on behalf of the debtor. Names and Social-Security numbers of all other individuals who prepared or
assisted in preparing this document unless the bankruptcy petition preparer is
The debtor requests relief in accordance with the chapter of title 11, United not an individual;
States Code, specified in this petition,
Signature of Authorized Individual
if more than one person prepared this document, attach additional sheets,
Printed Name of Authorized Individual conforming to the appropriate official form for each person.
A bankruptcy petition preparer's foilure to comply with the provisions of
Title of Authorized Individual title 11 and the Federal Rules of Bankruptcy Procedure may result in
Jines ar imprisonment or both. 11 USC. $110; 18 USC. §156.
Date
Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 4 of 55
B 1D (Official Form 1, Exhibit D) (12/09)
United States Bankruptcy Court
Middle District of Florida
Ralph L Seard
Inre Marilyn Ann Seard Case No.
Debior(s) Chapter Z
EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH
CREDIT COUNSELING REQUIREMENT
‘Warning: You must be able to check truthfully one of the five statements regarding credit
counseling listed below. If you cannot do so, you are not cligible to file a bankruptcy case, and the court
can dismiss any case you do file, If that happens, you will lose whatever filing fee you paid, and your
creditors will be able to resume collection acti ties against you. If your case is dismissed and you file
another bankruptcy case later, you may be required to pay a second filing fee and you may have to take
extra steps to stop creditors’ collection activities.
Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete
and file a separate Exhibit D, Check one of the five statements below and attach any documents as directed.
@ 1, Within the 180 days before the filing of my bankruptcy case, | received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the
opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have
a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy
of any debt repayment plan developed through the agency.
O 2. Within the 180 days before the filing of my bankruptey case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the
opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do
not have a certificate from the agency describing the services provided to me. You must file a copy ofa
certificate from the agency describing the services provided to you and a copy of any debt repayment plan
developed through the agency no later than 14 days after your bankruptcy case is filed.
0 3. I certify that I requested credit counseling services from an approved agency but was unable to
obtain the services during the seven days from the time I made my request, and the following exigent
circumstances merit a temporary waiver of the credit counseling requirement so | can file my bankruptcy case
now. {Summarize exigent circumstances here]
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing
within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the
agency that provided the counseling, together with a copy of any debt management plan developed
through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any
extension of the 30-day deadline can be granted only for cause and is limited toa maximum of 15 days.
Your case may alse be dismissed if the court is not satisfied with your reasons for filing your bankruptcy
case without first receiving a eredit counseling briefing.
‘Software Copysigh! (c) 1996-2014 Best Case, LLC -wwws.testcase.com Best Case Bankruptcy
Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 5 of 55
B 1D (Official Form 1, Exhibit D) (12/09)- Cont. Page 2
O04, 1 am not required to receive a credit counseling briefing because of: [Check the applicable
statement.] [Must be accompanied by a motion for determination by the court,]
O Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or
mental deficiency so as to be incapable of realizing and making rational decisions with respect to
financial responsibilities.);
O Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being
unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or
through the Internet.);
O Active military duty in a military combat zone.
115. The United States trustee or bankruptcy administrator has determined that the credit counseling
requirement of 11 U.S.C. § 109(h) does not apply in this district.
I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor: {s/ Ralph L Seard
Ralph L Seard
Date: September 23, 2014
Sofisvare Copyrift (¢) 1996-2014 Best Case, LLC - wows hestease com Best Case Bankrupicy
Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 6 of 55
B 1D (Official Form f, Exhibit D) (12/09)
United States Bankruptcy Court
Middle District
of Florida
Ralph L Seard
Inte Marilyn Ann Seard Case No.
Debtor(s) Chapter 7
EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH
CREDIT COUNSELING REQUIREMENT
Warning: You must be able to check truthfully one of the five statements regarding credit
counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court
can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your
creditors will be able to resume collection activities against you. If your case is dismissed and you file
another bankruptcy case later, you may be required to pay a second filing fee and you may have to take
extra steps to stop creditors’ collection activities.
Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete
and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed.
@ |. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the
opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have
a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy
of any debt repayment plan developed through the agency.
2. Within the 180 days before the filing of my bankruptcy case, | received a briefing from a credit
counseling agency approved by the United States trustee or bankruptcy administrator that outlined the
opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do
not have a certificate from the agency describing the services provided to me. You must file a copy ofa
ertificate from the agency describing the services provided to you and a copy of any debt repayment plan
developed through the agency no later than 14 days after your bankruptcy case is filed.
03. I certify that I requested credit counseling services from an approved agency but was unable to
obtain the services during the seven days from the time I made my request, and the following exigent
circumstances merit a temporary waiver of the credit counseling requirement so | can file my bankruptcy case
now. /Stmmarize exigent circumstances here.]
If your certification is satisfactory to the court, you must still obtain the credit counseling briefing
within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the
agency that provided the counseling, together with a copy of any debt management plan developed
through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any
extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days.
Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy
case without first receiving a credit counseling briefing.
‘Software Copyright!{c) 1996-2014 Best Case, LLC - www.tesicase.com Best Case Bankruptcy
Case 6:14-bk-10798-KSJ Doci1 Filed 09/23/14 Page 7 of 55
B 1D (Official Form 1, Exhibit D) (12/09)
- Cont Page 2
04. 1am not required to receive a credit counseling briefing because of: [Check the applicable
statement] [Must be accompanied by a motion for determination by the court.)
O Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or
mental deficiency so as to be incapable of realizing and making rational decisions with respect to
financial responsibilities.);
O Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being
unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or
through the Internet);
C Active military duty in a military combat zone.
O15. The United States trustee or bankruptcy administrator has determined that the credit counseling
requirement of 11 U.S.C. § 109(h) does not apply in this district.
I certify under penalty of perjury that the information provided above is true and correct.
Signature of Debtor: /s/ Marilyn Ann Seard
Marilyn Ann Seard
Date: September 23, 2014
‘Software Copyright (c) 1996-2014 Best Case, LLC- wew:bestease com Best Case Bankruptcy
Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 8 of 55
B 6 Summary (Official Farin 6 - Sumenary) (12/13)
United States Bankruptcy Court
Middle District of Florida
In re Ralph L Seard, Case No,
Marilyn Ann Seard
Debtors Chapter.
SUMMARY OF SCHEDULES
Indicate as to cach schedule whether that schedule is attached and stute the number of pages in cach, Report the totals from Schedules A,
B, D, E, F, 1, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor’s assets,
Add the amounts of all claims from Schedules D, E, and F to determine the total umount of the debtor's liabilities. Individual debtors must
also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13.
NAME OF SCHEDULE ATTACHED NO. OF ASSETS LIABILITIES OTHER
(YES/NO) SHEETS
4 108,128.00
A - Real Property Yes
B - Pe
Preview
Filing # 64626598 E-Filed 11/27/2017 05:10:13 PM IN THE CIRCUIT CIVIL COURT OF THE SEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR FLAGLER COUNTY CIVIL DIVISION FREEDOM MORTGAGE CORPORATION Plaintiff, vs. Case No.: 18-2017-CA-000357 RALPH L. SEARD A/K/A RALPH LEFORD SEARD, MARILYN A. SEARD Division: 49 A/K/A MARILYN ANN SEARD, et al., Defendants. PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF’S FINAL JUDGMENT Plaintiff, FREEDOM MORTGAGE CORPORATION, pursuant to § 90.202 and § 90.203, Fla.Stat., requests the court take judicial notice of the following documents and facts and states: DOCUMENTS AND FACTS: 1 That the United States Bankruptcy Court for the Middle District of Florida is a court of record of the United States. 2 Mortgagor, RALPH L. SEARD A/K/A RALPH LEFORD SEARD and MARILYN ANN SEARD, filed voluntary petition seeking bankruptcy protection: Case 06:14-bk-10798-KSJ. 3 Included as part of the voluntary petition, Defendant filed numerous schedules, including a Debtor’s Statement of Intention. A true and accurate copy of the schedules and related documents filed with the Court are attached hereto as Exhibit A and B. PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF'S FINAL JUDGMENT Case Number 2017-ca-000357 Flagler County Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 11/29/2017 03:16 PM SUPPORT FOR JUDICIAL NOTICE: Florida statute section 90.202(6) permits the Court to take judicial notice of “records of any court of this state or of any court of record of the United States or of any state, territory, or jurisdiction of the United States.” Defendant’s schedules and the Order discharging her debt can be viewed online by accessing Pacer. WHEREFORE plaintiff requests the Court take judicial notice of the documents and facts stated in this request for use at trial. Nicholas J. oefazo / Flérida Bar #089217 NRoefaro@kasslaw.com PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF'S FINAL JUDGMENT Case Number 2017-ca-000357 Flagler County CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF’S FINAL JUDGMENT has been furnished to each of the following named parties by United States Mail or Email on Novewlsey 2g 2017. Served via U.S. Mail Served via U.S. Mail MARILYN A. SEARD A/K/A MARILYN RALPH L. SEARD A/K/A RALPH LEFORD ANN SEARD SEARD 22 PINE TREE DR 22 PINE TREE DR PALM COAST, FL 32164 PALM COAST, FL 32164 Served via U.S. Mail NAVY FEDERAL CREDIT UNION C/O REGISTERED AGENT OR ANY AUTHORIZED OFFICER/AGENT 820 FOLLIN LN SE VIENNA, VA 22180 itholas J. Roefaro 7Florida Bar #089217 NRoefaro@kasslaw.com Kass Shuler, P.A., Attorneys for Plaintiff 1505 N. Florida Ave. Tampa, FL 33602 (813) 229-0900 The Primary e-mail address for electronic service of all pleadings in this case under Rule 2.516 is as follows: ForeclosureService@kasslaw.com PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE AND DESIGNATION OF ADDITIONAL EVIDENCE IN SUPPORT OF PLAINTIFF'S, FINAL JUDGMENT Case Number 2017-ca-000357 Flagler County 6:14-bk-10798 | Ralph L Seard and Marilyn Ann Seard | Page | of3 6:14-bk-10798 | Ralph L Seard and Marilyn Ann Seard Date Filed # Docket Text 02/04/2015 Bankruptcy Case Closed. (ADIclerk) (Entered: 02/04/2015) 02/04/2015 15 Order Approving Chapter 7 Account, Discharging Trustee, Canceling Band and Closing Estate . Service Instructions: Clerks Office to serve. (Vivianne) (Entered: 02/04/2015) 01/29/2015 14 Request for Notice Filed by Creditor Recovery Management Systems Corp.. (GE Money Bank) (Entered: 61/29/2015) 01/22/2015 13 Proof of Service of Order Granting Motion for Relief from Stay. Filed by Brandi Rainey Lesesne on behalf of Creditor FREEDOM MORTGAGE CORPORATION (related document(s) 12). (Lesesne, Brandi) (Entered: 01/22/2015) 01/20/2015 12 Order Granting Motion For Reltef From Stay re Freedom Mortgage Corporation (Related Doc # 9) Service Instructions: Brandi Lesesne is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Kimberly G.) (Entered: 02/20/2015) 01/01/2015 11 BNC Certificate of Mailing - Order of Discharge. (related document(s) (Related Doc # 10)) Notice Date 01/01/2015. (Admin.) (Entered: 01/02/2015) 12/30/2014 10 Discharge of Debtor . Service Instructions: Clerks Office to serve. (Vivianne) (Entered: 12/30/2014) 12/15/2014 Recelpt of Filing Fee for Motion for Relief From Stay(6:14-bk-10798-KSJ) [motion,mrifsty] ( 176.00). Receipt Number 43555021, Amount Paid $ 176.00 (U.S. Treasury) (Entered: 12/15/2014) 12/15/2014 Motion for Rellef from Stay (Fee Paid.) Re: 22 Pine Tree Drive, Palm Coast, FL 32164. Contains negative notice. Filed by Brandi Rainey Lesesne on behalf of Creditor FREEDOM MORTGAGE CORPORATION (Lesesne, Brandi) (Entered: 12/15/2014) 12/03/2014 Request for Notice Filed by Alice A Blanco on behalf of Creditor OCWEN LOAN SERVICING, LLC, (Blanco, Alice) (Entered: 12/03/2014) 10/30/2014 Meeting of Creditors Heid and Concluded on 10/28/2014. Chapter 7 Trustee's Report of No Distribution: I, Dennis D Kennedy, having been appointed trustee of the estate of the above-named debtor(s), report thatI have neither received any property nor paid any money on account of this estate; that I have made a diligent inquiry into the financial affairs of the debtor(s) and the location of the property belonging to the estate; and that there is no property available for distribution from the estate over and above that exempted by law. Pursuant to Fed R Bank P 5009, I hereby certify that thg above-named debtor(s) has been fully administered. T request thatI be qd EXHIBIT https://app.courtdrive.com/filings/flmbke_1 158093-6-14-bk-10798-ralph-l-seard-and-m 6:14-bk-10798 | Ralph L Seard and Marilyn Ann Seard | Page 2 of 3 Date Filed # Docket Text any further duties as trustee. Key information about this case as reported In schedules filed by the debtor(s) or otherwise found in the case record: This case was pending for 1 months. Assets Abandoned (without deducting any secured claims); $ 108128.00, Assets Exempt: $ 6503.62, Claims Scheduled: $ 166564.00, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment (without deducting the value of collateral or debts excepted from discharge): $ 166564.00. (Kennedy, Dennis) (Entered: 10/30/2014) 09/30/2014 Notice of Limited Appearance of Isabel Freeman for the purpose of attending the Section 341 Meeting of Creditors on behalf of the attorney for debtor. Filed by Avie Meshbesher Croce on behalf of Joint Debtor Marilyn Ann Seard, Debtor Ralph L Seard. (Croce, Avie) (Entered: 09/30/2014) 00/27/2014 BNC Certificate of Mailing - Notice of Meeting of Creditors. (related document(s) (Related Doc # 5)). Notice Date 09/27/2014. (Admin.) (Entered: 09/28/2014) 09/25/2034 The Clerk's Office has reviewed this case and it appears that the requirements of 11 U.S.C, Section 5214(a) have been met. (ADIclerk) (Entered: 09/25/2014) 09/25/2014 Notice of Commencement of Case, Section 341 Meeting of Creditors, and Fixing Deadlines . Section 341{a) meeting to be held on 10/28/2014 at 10:30 AM at Orlando, FL (687) Suite 1203B, George C. Young Courthouse, 400 West Washington Street. Last day ta oppose discharge or dischargeability is 12/29/2014 , (Heather B.) (Entered: 09/25/2014) - 09/24/2014 Certificate of Debtor Education Concerning Personal Financial Management Received from Agency of Joint Debtors, Date Course was Completed: 09/24/14 . Filed by Avie Meshbesher Croce on behalf of Joint Debtor Marilyn Ann Seard, Debtor Ralph L Seard. (Croce, Avie) (Entered: 09/24/2014) 09/24/2014 Assignment of the Honorable Karen S. Jennemann, Bankruptcy Judge to this case. The Trustee appointed to this case is Dennis D Kennedy . (autojtr-orl, orl) (Entered: 09/24/2014) 09/23/2014 Receipt of Filing Fee for Voluntary Petition (Chapter 7)(6:14-bk-10798) [misc,valp7a2] { 335.00). Receipt Number 42465809, Amount Paid $ 335.00 (U.S. Treasury) (Entered: 09/23/2014) 09/23/2014 Certificate of Credit Counseling. Date Course was Completed: 05/30/2014. Filed by Avie Meshbesher Croce on behalf of Joint Debtor Marilyn Ann Seard, Debtor Ralph L Seard. (Croce, Avie) (Entered: 09/23/2014) 09/23/2014 https://app.courtdrive.com/filings/flmbke_1158093-6-14-bk-10798-ralph-l-seard-and-mar... 11/27/2017 6:14-bk-10798 | Ralph L Seard and Marilyn Ann Seard| Page 3 of 3 Date Filed # Docket Text Statement of Debtors Social Security Numbers Filed by Avie Meshbesher Croce on behalf of Joint Debtor Marilyn Ann Seard, Debtor Ralph L Seard. (Croce, Avie) (Entered: 09/23/2014) 09/23/2014 1 Voluntary Petition under Chapter 7, (Fee Paid.). Schedules A-] and Summary of Schedules. Statement of Financial Affairs. Statement of Intentions. Disclosure of Compensation, Statement of Income and Means Test Calculation. Filed by Avie Meshbesher Croce on behalf of Ralph £ Seard, Marilyn Ann Seard. (Croce, Avie) (Entered: 09/23/2014) hitps://app.courtdrive.com/filings/flmbke_1158093-6-14-bk-10798-ralph-l-seard-and-mar... 11/27/2017 Case 6:14-bk-10798-KSJ Doci1 Filed 09/23/14 Page 1 of 55 1 (Official Form 04/13) United States Bankruptcy Court Middle District of Florida Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Deblar (Spouse) (Last, Fist, Middle): Seard, Ralph L Seard, Marilyn Ann [All Other Names used by the Deblor in the Tast 8 years [ATI Other Names used by the Joint Debtor in the Tast & years (include married, maiden, and trade names): (include married, maiden, end trade names); AKA Ralph Leford Seard ast four digits of Soc. Sec. or Individual-Taxpayer LD, (ITINYComptete EIN {ast four digits of Soc. Sec. or Individual-Taxpayer LD. (7TIN) No/Compleie EIN (more tha one, (if more than ans — — Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Deblor (No, and Street, City, and Siate): 22 Pine Tree Drive 22 Pine Tree Drive Paim Coast, FL Paim Coast, FL ZAP Code ZIP Code 32164 32164 County of Residence or of the Principal Place af Business: County of Residence or of the Principal Place of Business: Flagler Flagler Muiling Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from strect address): ZIP Code ZIP Code Location of Principal Assels of Business Debtor {i difterent fram street address above): Type of Debtor Nature of Business Chnpter of Bankruptcy Code Under Which (Fort of Organization) (Check one box) (Check one box) the Petition is Filed (Check one box) Bl Individual (includes Joint Debtors) See Exhibte D on poge 2 uf dis form. O Heshh Care Business MH Chopter 7 O Corparation (includes LLC and LLP) O Single Asset Real Estate as defined in 11 U.S.C. § 101 (51B) OF Chapter 9 O Chapter 15 Petition for Recognition 1 Chapter 11 ofa Foreign Main Proce ing. O Partnership O Railroad Other (if debtor is not one of the above entities, G Stockbroker O Chapter 12 C1 Chapter 15 Petition for Recognition check this box and state ype of entity below.) O Commodity Broker O Chapter 13 of 6 Foreign Nonmain Proceeding 0 Clearing Bank Chapter 15 Debtors O Other Nature of Debis Country of debtor's center of main interests: Tax-Exempt Entlty (Check one box) {Cheek box, if npplicatile) Bi Debts ore primarily consumer debts, O Debts ate primarily Encl country in whieh » foreign proceeding CO Debtor is a tax-exempt organization fined in WU USC. 04(8)as business debs, by, ceyarding, oF agaist debtor is peading: under Title 26 of th ‘United States ‘incurred by an indivi ual primarily for Code (the ternal Revenue Code). ‘personal, fimily, or household purpose. Filing Fee (Check one box) Check one box: Chapter 11 Debtors BS Full Filing Fee anached O Deboris a small business debior as defined in 11 U.S.C. § 101(51D), Debtor is not a small busi debtorus defined in 11 U.S.C. § 101(54D), O Filing (o be paid in installments (applicable to individuals only). Must Check if: attach signed applicarian for the coun's consideration certifying that the Gi Debtor's aggregate noncomingent fiquidnted debts (excluding debts owed to insiders or affiliates) debtor unable to pay fee except in installments, Rule 1006(b). See Official Form 3A, ace less than $2,490,925 (amaunt subject ta adjustment an 401/16 and every three years thervafier) Check nll applicable boxes O Filing Fee waiver requested (applicable to chapter 7 idtuals only), Must OA planis being filed with this pet jon. atocht signed application for the cour's consideration, See Official Form 3B. OF Acceptances of the plan were solicited prepetition frons one ar more classes of creditors, in accardance with 11 U.S.C. § 1126(b). Statistical/Administrative Information THIS SPACE IS FOR COURT USE ONLY i Debtor estimates that funds will be uvailable for distribution to unsecured creditors, Hi Debior estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors, Estimated Number of Creditors 1 a o Oo 50. 100. 200 #,000- 5,001- 10,001 25,001- 50,001- OVER 49 539 199 99 5,000 16,000 25,000 50,000 100,000 100,000, Estimated Assets Sd10 0 to ‘$100,001 to $500,001 1,000,001 10,000,001 ‘$50,000,001 '$100,000,001 $00,000,001 More than 550,000 100,000. $10 fo $100 wo $300 a1 billion $1 hilicn million rrlion rillion tsilion rion Estimated Liabilities 010 $50, $100,001 to ‘$500,001 51,000,001 Sio.g00.001 $50,000,001 Sio0.000,001 $Sv0.0u0,008 Mex EXHIBIT 0,000 on,000 Sia 10 $100 to $500 fo St billion SUbillion cailion riltion million million milion Case 6:14-bk-10798-KSJ Doci Filed 09/23/14 Page 2 of 55 BI (Officin! Form 1(04/13) Page 2 Voluntary Petition Name of Debtor(s): Seard, Ralph L (This page must be completed and filed in every case) Seard, Marilyn Ann All Prior Bankruptey Cases Filed Within Last 8 Years (1fmore than two, attach additional shect) Location Case Number: Date Filed: Where Filed: > None - Locstion Case Number: Date Filed: Where Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (I{'more than one, atlach additional sheet) Nome of Debtor: Case Number: Date Filed: - None- District: Relationship: Judge: Exhibit A Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) {To be completed if debtor is required to file periodic reports (c. 1, the attorney for the petitioner named in the foregoing petition, declare that 1 forms 10K and 10Q) with the Securities and Exchange Commission fave informed the petitioner that [he or she] may proceed under chapter 7, 11, pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 12, or 13 of title 11, United States Code, and have explained the relief available and is requesting relief under chapter 11.) under cach such chapter, I further certify that | delivered to the debtor the notice required by 11 U.S.C. §342(b). C2 Exhibit A is attached and made a part of this petition. X_/s/ Avie Meshbesher Croce September 23, 2014 Signature of Attorney fur Debtor(s) (Date) Avie Meshbesher Croce 0020619 Exh itC Does the debtor own or have possession of uny property that poses or is alleged to pose o threat of imminent and identifiable harm to public health or safety’? OO Yes, and Exhibit C is ainched and made a part of this petition, No Exhibit D (To be completed by every individual debtor, Ifa joint petition is filed, each spouse must complete and attach a separate Exhibil D.) Mi Exhibit D completed and signed by the debtor is attached and made a part of this petition. Tfthis joint petition: B Exhibit D also completed and signed by the joint debtor is attuched and made a part of this petition. Information Regarding the Debtor - Venue (Check uny applicable box) Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in on action or proceeding [in a federal ar state court] in this District, or the interests of the parties will be scrved in regard to the relief sought in this District. Certification by a Debtor Who Resides as a Tenunt of Residential Property (Check all applicable boxes) Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) Debtor claims that under applicable nonbankruptey faw, there ure circumstances under which the debtor would be permitied to cure the entire monetary default that gave rise to the judgment for possession, afer the judgment for possession was entered, an Debtor hus included with this petition the deposit with the court of any rent that would become due during the 30-day period afler the filing of the petition. Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(). Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 3 of 55 BI (Official Form 1)(04/13) Page 3 Voluntary Petition Name of Debior(s): Seard, Ralph L (This page must be completed and filed in every case) Seard, Marilyn Ann Signatures Signature(s) of Debtor(s) (Individuat/doint) Signature ofa Foreign Representatiy 1 declore under penalty of perjury that the information provided in this I declare under penalty of perjury that the information provided in this petition petition is true and correct, is true and correct, that | am the Foreign representative of a debtor in » foreign [Uf petitioner is an individual whose debis are primarily consumer debts and proceedit and that [ sm authorized to file this petition, has chosen to file under chapter 7] I am aware that I may proceed under (Check only ane box.) chapter 7, 11, 12, or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. 17 L request relief in accordance with chapter 15 of title 11. United States Code. [Hoo attorney represents me and ho bankruptcy petition preparer signs the Centified copies of the documents required by I1 U.S.C. §1515 are attached. petition) | have obtained and tead she notice required by 11 U.S.C, §342(b). 0 Parsuant to 11 U.S.C. $1511, L request relief in accordance with the chapter 1 request relief in accordance with the chapter of title [1, United States Code, of title 11 specified in this petition, A certified copy of the order granting specified in this petition Tecognition of the foreign main proceeding is attached. X_!s/ Ralph L Seard x ignature of ‘oreign Representative Signature of Debtor Ralph L Seard X _/s/ Marilyn Ann Seard Printed Name of Foreign Representative Signature of Joint Debtor Marilyn Ann Seard Date Telephone Number (If not represented by altorney) Signature of Non-Attorney Bankruptcy Pet jou Preparer September 23, 2014 I declare under penalty of perjury shat: (1) 1am a bankruptcy petition Date preparer as defined in If U.S.C. 110; (2) 1 prepared this document for Signature of Attorney* compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. §§ 110(b), 10(h), and 342(b); and, (3) if rules or guidelines have been promulgated X __/s! Avie Meshbesher Croce pursuant to 1] U.S.C. § 110(h) setting a maximum fee for services Signature of Attorney for Debtor(s) chargeable by bunkrupley petilion preparers, I have en the debtor notice of the maximum amount before preparing any document for filing for a ie Meshbesher Croce 0020519 debtor or accepting any fee from the debtor, as required in that section. inted Name of Attorney for Debtor(s) Official Form 19 is attached. Avie Meshbesher Croce Firm Name Printed Name and title, funy, of Bankruptcy Pe jon Preparer 1301 Beville Road Suite & Social: ‘ecurily number (Ifthe bankrutpey petition preparer is not Daytona Beach, FL 32119 an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition Address. preparer.)(Required by 11 U.S.C. § 110.) Email: croceparalegal@cfl.rr.com 386-304-2821 Fax: 386-304-2338 Telephone Number _September 23, 2014 Address Date *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a cetlificutiun that the attorney hus nu knowledge afier an inquiry that the x information in the schedules is incorrect. Date Signature of Debtor (Corporation/Partnership) Signature of bankruptcy petition preparer or offi . principal, responsible I declare under penolty of perjury that the information provided in this person,or partner whose Social Security number is provided abave, petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is The debtor requests relief in accordance with the chapter of title 11, United not an individual; States Code, specified in this petition, Signature of Authorized Individual if more than one person prepared this document, attach additional sheets, Printed Name of Authorized Individual conforming to the appropriate official form for each person. A bankruptcy petition preparer's foilure to comply with the provisions of Title of Authorized Individual title 11 and the Federal Rules of Bankruptcy Procedure may result in Jines ar imprisonment or both. 11 USC. $110; 18 USC. §156. Date Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 4 of 55 B 1D (Official Form 1, Exhibit D) (12/09) United States Bankruptcy Court Middle District of Florida Ralph L Seard Inre Marilyn Ann Seard Case No. Debior(s) Chapter Z EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT ‘Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not cligible to file a bankruptcy case, and the court can dismiss any case you do file, If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection acti ties against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors’ collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D, Check one of the five statements below and attach any documents as directed. @ 1, Within the 180 days before the filing of my bankruptcy case, | received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency. O 2. Within the 180 days before the filing of my bankruptey case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy ofa certificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. 0 3. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so | can file my bankruptcy case now. {Summarize exigent circumstances here] If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited toa maximum of 15 days. Your case may alse be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a eredit counseling briefing. ‘Software Copysigh! (c) 1996-2014 Best Case, LLC -wwws.testcase.com Best Case Bankruptcy Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 5 of 55 B 1D (Official Form 1, Exhibit D) (12/09)- Cont. Page 2 O04, 1 am not required to receive a credit counseling briefing because of: [Check the applicable statement.] [Must be accompanied by a motion for determination by the court,] O Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.); O Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet.); O Active military duty in a military combat zone. 115. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. § 109(h) does not apply in this district. I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: {s/ Ralph L Seard Ralph L Seard Date: September 23, 2014 Sofisvare Copyrift (¢) 1996-2014 Best Case, LLC - wows hestease com Best Case Bankrupicy Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 6 of 55 B 1D (Official Form f, Exhibit D) (12/09) United States Bankruptcy Court Middle District of Florida Ralph L Seard Inte Marilyn Ann Seard Case No. Debtor(s) Chapter 7 EXHIBIT D - INDIVIDUAL DEBTOR'S STATEMENT OF COMPLIANCE WITH CREDIT COUNSELING REQUIREMENT Warning: You must be able to check truthfully one of the five statements regarding credit counseling listed below. If you cannot do so, you are not eligible to file a bankruptcy case, and the court can dismiss any case you do file. If that happens, you will lose whatever filing fee you paid, and your creditors will be able to resume collection activities against you. If your case is dismissed and you file another bankruptcy case later, you may be required to pay a second filing fee and you may have to take extra steps to stop creditors’ collection activities. Every individual debtor must file this Exhibit D. If a joint petition is filed, each spouse must complete and file a separate Exhibit D. Check one of the five statements below and attach any documents as directed. @ |. Within the 180 days before the filing of my bankruptcy case, I received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, and I have a certificate from the agency describing the services provided to me. Attach a copy of the certificate and a copy of any debt repayment plan developed through the agency. 2. Within the 180 days before the filing of my bankruptcy case, | received a briefing from a credit counseling agency approved by the United States trustee or bankruptcy administrator that outlined the opportunities for available credit counseling and assisted me in performing a related budget analysis, but I do not have a certificate from the agency describing the services provided to me. You must file a copy ofa ertificate from the agency describing the services provided to you and a copy of any debt repayment plan developed through the agency no later than 14 days after your bankruptcy case is filed. 03. I certify that I requested credit counseling services from an approved agency but was unable to obtain the services during the seven days from the time I made my request, and the following exigent circumstances merit a temporary waiver of the credit counseling requirement so | can file my bankruptcy case now. /Stmmarize exigent circumstances here.] If your certification is satisfactory to the court, you must still obtain the credit counseling briefing within the first 30 days after you file your bankruptcy petition and promptly file a certificate from the agency that provided the counseling, together with a copy of any debt management plan developed through the agency. Failure to fulfill these requirements may result in dismissal of your case. Any extension of the 30-day deadline can be granted only for cause and is limited to a maximum of 15 days. Your case may also be dismissed if the court is not satisfied with your reasons for filing your bankruptcy case without first receiving a credit counseling briefing. ‘Software Copyright!{c) 1996-2014 Best Case, LLC - www.tesicase.com Best Case Bankruptcy Case 6:14-bk-10798-KSJ Doci1 Filed 09/23/14 Page 7 of 55 B 1D (Official Form 1, Exhibit D) (12/09) - Cont Page 2 04. 1am not required to receive a credit counseling briefing because of: [Check the applicable statement] [Must be accompanied by a motion for determination by the court.) O Incapacity. (Defined in 11 U.S.C. § 109(h)(4) as impaired by reason of mental illness or mental deficiency so as to be incapable of realizing and making rational decisions with respect to financial responsibilities.); O Disability. (Defined in 11 U.S.C. § 109(h)(4) as physically impaired to the extent of being unable, after reasonable effort, to participate in a credit counseling briefing in person, by telephone, or through the Internet); C Active military duty in a military combat zone. O15. The United States trustee or bankruptcy administrator has determined that the credit counseling requirement of 11 U.S.C. § 109(h) does not apply in this district. I certify under penalty of perjury that the information provided above is true and correct. Signature of Debtor: /s/ Marilyn Ann Seard Marilyn Ann Seard Date: September 23, 2014 ‘Software Copyright (c) 1996-2014 Best Case, LLC- wew:bestease com Best Case Bankruptcy Case 6:14-bk-10798-KSJ Doc1 Filed 09/23/14 Page 8 of 55 B 6 Summary (Official Farin 6 - Sumenary) (12/13) United States Bankruptcy Court Middle District of Florida In re Ralph L Seard, Case No, Marilyn Ann Seard Debtors Chapter. SUMMARY OF SCHEDULES Indicate as to cach schedule whether that schedule is attached and stute the number of pages in cach, Report the totals from Schedules A, B, D, E, F, 1, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor’s assets, Add the amounts of all claims from Schedules D, E, and F to determine the total umount of the debtor's liabilities. Individual debtors must also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13. NAME OF SCHEDULE ATTACHED NO. OF ASSETS LIABILITIES OTHER (YES/NO) SHEETS 4 108,128.00 A - Real Property Yes B - Pe