On May 03, 2023 a
Answer
was filed
involving a dispute between
Centra Ncfl Properties Llc,
and
Bailey, James R,
Mason, Victor W,
S And S Senior Housing Of Burn,
S And S Senior Housing Of Loui,
S And S Senior Housing Of Madi,
Simmons, Kenneth Mark,
State Of Florida Department Of,
Steve Hall Carpet And Tile Llc,
Troy And Jenny Enterprises Inc,
United States Of America Depar,
Unknown Tenant 1,
Unknown Tenant 2,
for Circuit Civil 3-C
in the District Court of Madison County.
Preview
Filing # 178786369 E-Filed 08/02/2023 03:21:44 PM
IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT
IN AND FOR MADISON COUNTY, FLORIDA
CIVIL DIVISION
CENTRA NCFL PROPERTIES, LLC, CASE NO.: 2023000071CAAXMX
Plaintiff,
Division No.
vs.
S&S SENIOR HOUSING OF MADISON,
LLC, et al,
Defendants/
/
RESPONSE TO DEFENDANT’S ANSWER TO COMPLAINT FOR FORECLOSURE
Plaintiff, CENTRA NCFL PROPERTIES, LLC, by and through its undersigned counsel,
hereby files its Reply to the Answer to Complaint for Foreclosure filed by Defendant, TROY &
JENNY ENTERPRISES, INC. (“Answer”) (“Defendant”), on July 1, 2023, and as grounds states:
1 This is a residential mortgage foreclosure action filed on May 8, 2023, in Madison
County, Florida. The loan is in default for the payment due and owing on August
1, 2022, and all subsequent payments. ({ 5 of the Complaint).
On May 8, 2023, Defendant, Troy & Jenny Enterprises, Inc., filed an Answer to the
Complaint, which consists of admission and denials with no affirmative defenses.
Plaintiff will prove the elements of its foreclosure action through an affidavit or
testimony.
The Answer raises no affirmative defenses. Pursuant to Fla. R. Civ. P. §§ 1.110 and
1.140, in order to avoid a claim, a party must file a reply containing any defenses
avoiding of the adversarial party’s claims.
Based on the foregoing, the Answer filed asserts no affirmative defenses and should
not prevent a Final Judgment in favor of Plaintiff.
WHEREFORE, the Plaintiff prays this Honorable Court to find the defenses as pled
insufficient to prevent a Final Judgment in favor of Plaintiff.
CERTIFICATE OF SERVICE
Elgetronically Filed Madison Case # 2023000071CAAXMX 08/02/2023 03:21:44 PM
I HEREBY CERTIFY that on August 2, 2023, a true and correct copy of the foregoing
pleading was served on each party of record listed on the attached Service List by means of U.S.
Postal Service or by Electronic Mail:
GILBERT GARCIA GROUP, P.A.
Attorney for Plaintiff
2313 W. Violet St.
Tampa, Florida 33603
Telephone: (813) 443-5087
Fax: (813) 443-5089
emailservice@gilbertgrouplaw.com
By: /s/ Joseph N. Daya
Joseph N. Dayan, Esq.
FL Bar No.: 0125660
Service List
ANDREW J. DECKER, III, ESQ.
ATTORNEY FOR TROY & JENNY ENTERPRISES, INC.
ANDY @DECKER.LAW
ANDY.AJDITIPLLC@GMAIL.COM
KATHERINE C. KERWIN, ESQ.
ATTORNEY FOR UNITED STATES OF AMERICA DEPARTMENT OF TREASURY
USAFLN.STATE.COURT@USDOJ.GOV
KATHERINE.KERWIN@USDOJ.GOV
CARY A. HARDEE, ESQ.
ATTORNEY FOR STEVE HALL CARPET & TILE, LLC
BOHARDEE@AOL.COM
HARDEELA WFIRM@GMAIL.COM
HARDEELAWFIRM2@GMAIL.COM
BYRON WRIGHT III, ESQ.
ATTORNEY FOR S&S SENIOR HOUSING OF MADISON, LLC
TWRIGHT@BRUNER WRIGHT.COM
MELANIE@BRUNER WRIGHT.COM
LAURA@BRUNERWRIGHT.COM
S & S SENIOR HOUSING OF LOUISBURG, LLC
111 GILLIAM STREET
OXFORD, NC 27565
S & S SENIOR HOUSING OF BURNSVILLE, LLC
Page |2
302 W.I. PARKWAY
DALLAS, GA 30132
STATE OF FLORIDA DEPARTMENT OF REVENUE
2450 SHUMARD OAK BLVD
TALLAHASSEE, FL 32399
VICTOR W MASON
765 DELPHINIUM DRIVE
MADISON, FL 32340
JAMES R BAILEY
765 DELPHINIUM DRIVE
MADISON, FL 32340
KENNETH MARK SIMONS
765 DELPHINIUM DRIVE
MADISON, FL 32340
UNKNOWN TENANT 1
765 DELPHINIUM DRIVE
MADISON, FL 32340
UNKNOWN TENANT 2
765 DELPHINIUM DRIVE
MADISON, FL 32340
Page | 3
Preview
Filing # 178786369 E-Filed 08/02/2023 03:21:44 PM IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT IN AND FOR MADISON COUNTY, FLORIDA CIVIL DIVISION CENTRA NCFL PROPERTIES, LLC, CASE NO.: 2023000071CAAXMX Plaintiff, Division No. vs. S&S SENIOR HOUSING OF MADISON, LLC, et al, Defendants/ / RESPONSE TO DEFENDANT’S ANSWER TO COMPLAINT FOR FORECLOSURE Plaintiff, CENTRA NCFL PROPERTIES, LLC, by and through its undersigned counsel, hereby files its Reply to the Answer to Complaint for Foreclosure filed by Defendant, TROY & JENNY ENTERPRISES, INC. (“Answer”) (“Defendant”), on July 1, 2023, and as grounds states: 1 This is a residential mortgage foreclosure action filed on May 8, 2023, in Madison County, Florida. The loan is in default for the payment due and owing on August 1, 2022, and all subsequent payments. ({ 5 of the Complaint). On May 8, 2023, Defendant, Troy & Jenny Enterprises, Inc., filed an Answer to the Complaint, which consists of admission and denials with no affirmative defenses. Plaintiff will prove the elements of its foreclosure action through an affidavit or testimony. The Answer raises no affirmative defenses. Pursuant to Fla. R. Civ. P. §§ 1.110 and 1.140, in order to avoid a claim, a party must file a reply containing any defenses avoiding of the adversarial party’s claims. Based on the foregoing, the Answer filed asserts no affirmative defenses and should not prevent a Final Judgment in favor of Plaintiff. WHEREFORE, the Plaintiff prays this Honorable Court to find the defenses as pled insufficient to prevent a Final Judgment in favor of Plaintiff. CERTIFICATE OF SERVICE Elgetronically Filed Madison Case # 2023000071CAAXMX 08/02/2023 03:21:44 PM I HEREBY CERTIFY that on August 2, 2023, a true and correct copy of the foregoing pleading was served on each party of record listed on the attached Service List by means of U.S. Postal Service or by Electronic Mail: GILBERT GARCIA GROUP, P.A. Attorney for Plaintiff 2313 W. Violet St. Tampa, Florida 33603 Telephone: (813) 443-5087 Fax: (813) 443-5089 emailservice@gilbertgrouplaw.com By: /s/ Joseph N. Daya Joseph N. Dayan, Esq. FL Bar No.: 0125660 Service List ANDREW J. DECKER, III, ESQ. ATTORNEY FOR TROY & JENNY ENTERPRISES, INC. ANDY @DECKER.LAW ANDY.AJDITIPLLC@GMAIL.COM KATHERINE C. KERWIN, ESQ. ATTORNEY FOR UNITED STATES OF AMERICA DEPARTMENT OF TREASURY USAFLN.STATE.COURT@USDOJ.GOV KATHERINE.KERWIN@USDOJ.GOV CARY A. HARDEE, ESQ. ATTORNEY FOR STEVE HALL CARPET & TILE, LLC BOHARDEE@AOL.COM HARDEELA WFIRM@GMAIL.COM HARDEELAWFIRM2@GMAIL.COM BYRON WRIGHT III, ESQ. ATTORNEY FOR S&S SENIOR HOUSING OF MADISON, LLC TWRIGHT@BRUNER WRIGHT.COM MELANIE@BRUNER WRIGHT.COM LAURA@BRUNERWRIGHT.COM S & S SENIOR HOUSING OF LOUISBURG, LLC 111 GILLIAM STREET OXFORD, NC 27565 S & S SENIOR HOUSING OF BURNSVILLE, LLC Page |2 302 W.I. PARKWAY DALLAS, GA 30132 STATE OF FLORIDA DEPARTMENT OF REVENUE 2450 SHUMARD OAK BLVD TALLAHASSEE, FL 32399 VICTOR W MASON 765 DELPHINIUM DRIVE MADISON, FL 32340 JAMES R BAILEY 765 DELPHINIUM DRIVE MADISON, FL 32340 KENNETH MARK SIMONS 765 DELPHINIUM DRIVE MADISON, FL 32340 UNKNOWN TENANT 1 765 DELPHINIUM DRIVE MADISON, FL 32340 UNKNOWN TENANT 2 765 DELPHINIUM DRIVE MADISON, FL 32340 Page | 3