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Filing # 137666046 E-Filed 11/01/2021 04:16:34 PM
IN THE CIRCUIT COURT OF THE 12" JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVEL DEVISION
ARCPE 1, LLC
Plaintiff
VS.
Case No. 2021CA003637AX
JULIE SMITH, et al
Defendants
STIPULATION FOR SETTLEMENT
COMES NOW Plaintiff, ARCPE 1, LLC and Defendant, JULIE SMITH
(“DEFENDANT”), by and through their undersigned attorneys, and stipulate and agree as follows:
1 Plaintiff instituted a foreclosure action against Defendant which was commenced
on or about September 7, 2021.
2 The parties have agreed to a settlement of this action, to effectively end any more
litigation. Specifically, Defendant has until November 8, 2021, at 5:00 PM to tender the funds
pursuant to the Parties Settlement Agreement and Release of Claims (the “Agreement”).
3 if Defendant wires transfers the aforementioned settlement funds by November 8,
2021, by 5:00 P.M., Plaintiff will dismiss this action, release its Lis Pendens and issue a satisfaction
of mortgage within the time frames contemplated by Florida Statute $704.01. Further, Defendant
agrees that she will bear her own attorneys fees and cost.
4. If, however, Defendant fails to tender payment in full and on time, Plaintiff is
entitled to an uncontested Judgment of Foreclosure as follows:
A. Defendants answer and affirmative defenses shall be withdrawn with prejudice.
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"2021CA003637AX" 137666046 Filed at Manatee County Clerk 11/01/2021 04:16:34 PM EDT
B. If Defendant fails to pay the required sum on time and in full, Defendant consents
to the withdrawal of their pleadings with prejudice, the Court will entered a final judgment
of foreclosure without the need for further hearing and for the court may set a judicial sale
within thirty-five (35) days.
Cc If Defendant fails to pay the required sum on time and in full, and a Final Judgment
is entered, Defendant agrees to not cause any waste to the parcel and will not remove
any fixtures or appliance and said parcel will be vacant and broom swept clean five
(5) days on or before the scheduled sale date. Any personal property left on the
premises after Defendant vacates the property shall be considered trash and
Defendant relinquishes all rights and claims to said property and surrenders it for
immediate disposal by Plaintiff or its agents. Further, Defendant consents to an in-
house inspection of the premises and will provide a contact number so Plaintiff can
arrange the aforementioned inspection.
If Defendant defaults and a Final Judgment is entered, Defendant agrees Defendant
waives their right to appeal in this matter, file an objection to the sale, move to
delay the sale or delay the issuance of certificate of title or a writ of possession in
any manner whatsoever.
5 Plaintiff and Defendant have entered into a contemporaneous Settlement and
Release Agreement, the terms of which are consideration and material inducement for the
provisions of this Stipulation, which shall control over the provisions of this stipulation.
6 The parties stipulate and agree that a signed facsimile, or scanned and emailed copy
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"2021CA003637AX" 137666046 Filed at Manatee County Clerk 11/01/2021 04:16:34 PM EDT
of this Stipulation shall have the same force as the original.
Mush
WILLIAM NUSSBAUM IHL, ESQUIRE
A_&
RONALD J/MARLOWEDESQUIRE
2191 Ringling Boulevard 2202 N Westshore Blvd., Suite 200
Sarasota, Florida 34237 Tampa, Florida 33607
Attorney for Plaintiff Attomey for Defendant
Florida Bar No. 066479 Florida Bar No. 435971
ie oT
JU Lie SMITH
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a truc and correct copy of the foregoing has been duly
furnished First Class U.S. Mail, Facsimile and/or email to:
Julie Smith Tenant Unknown Tenant
C/o Ronald J. Marlowe, Esq. n/k/a Caden Moore
2202 N. West Shore Blvd, Ste 200 2115 37th Avenue East
Tampa, FL 33607 Bradenton, FL 34208
‘on@marlowe.law
ervice@marlowe.law
Tenant II/Unknown Tenant Tenant I1/Unknown Tenant
n/k/a June Moore n/k/a Raymond Moore
2115 37th Avenue East 2115 37th Avenue East
Bradenton, FL 34208 Bradenton, FL 34208
this is day of November, 2021
By: Z,
Rpm Ne Ee
William Nussbaum II], Esq.
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"2021CA003637AX" 137666046 Filed at Manatee County Clerk 11/01/2021 04:16:34 PM EDT
Preview
Filing # 137666046 E-Filed 11/01/2021 04:16:34 PM IN THE CIRCUIT COURT OF THE 12" JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA CIVEL DEVISION ARCPE 1, LLC Plaintiff VS. Case No. 2021CA003637AX JULIE SMITH, et al Defendants STIPULATION FOR SETTLEMENT COMES NOW Plaintiff, ARCPE 1, LLC and Defendant, JULIE SMITH (“DEFENDANT”), by and through their undersigned attorneys, and stipulate and agree as follows: 1 Plaintiff instituted a foreclosure action against Defendant which was commenced on or about September 7, 2021. 2 The parties have agreed to a settlement of this action, to effectively end any more litigation. Specifically, Defendant has until November 8, 2021, at 5:00 PM to tender the funds pursuant to the Parties Settlement Agreement and Release of Claims (the “Agreement”). 3 if Defendant wires transfers the aforementioned settlement funds by November 8, 2021, by 5:00 P.M., Plaintiff will dismiss this action, release its Lis Pendens and issue a satisfaction of mortgage within the time frames contemplated by Florida Statute $704.01. Further, Defendant agrees that she will bear her own attorneys fees and cost. 4. If, however, Defendant fails to tender payment in full and on time, Plaintiff is entitled to an uncontested Judgment of Foreclosure as follows: A. Defendants answer and affirmative defenses shall be withdrawn with prejudice. Page i of 3 "2021CA003637AX" 137666046 Filed at Manatee County Clerk 11/01/2021 04:16:34 PM EDT B. If Defendant fails to pay the required sum on time and in full, Defendant consents to the withdrawal of their pleadings with prejudice, the Court will entered a final judgment of foreclosure without the need for further hearing and for the court may set a judicial sale within thirty-five (35) days. Cc If Defendant fails to pay the required sum on time and in full, and a Final Judgment is entered, Defendant agrees to not cause any waste to the parcel and will not remove any fixtures or appliance and said parcel will be vacant and broom swept clean five (5) days on or before the scheduled sale date. Any personal property left on the premises after Defendant vacates the property shall be considered trash and Defendant relinquishes all rights and claims to said property and surrenders it for immediate disposal by Plaintiff or its agents. Further, Defendant consents to an in- house inspection of the premises and will provide a contact number so Plaintiff can arrange the aforementioned inspection. If Defendant defaults and a Final Judgment is entered, Defendant agrees Defendant waives their right to appeal in this matter, file an objection to the sale, move to delay the sale or delay the issuance of certificate of title or a writ of possession in any manner whatsoever. 5 Plaintiff and Defendant have entered into a contemporaneous Settlement and Release Agreement, the terms of which are consideration and material inducement for the provisions of this Stipulation, which shall control over the provisions of this stipulation. 6 The parties stipulate and agree that a signed facsimile, or scanned and emailed copy Page 2 of 3 "2021CA003637AX" 137666046 Filed at Manatee County Clerk 11/01/2021 04:16:34 PM EDT of this Stipulation shall have the same force as the original. Mush WILLIAM NUSSBAUM IHL, ESQUIRE A_& RONALD J/MARLOWEDESQUIRE 2191 Ringling Boulevard 2202 N Westshore Blvd., Suite 200 Sarasota, Florida 34237 Tampa, Florida 33607 Attorney for Plaintiff Attomey for Defendant Florida Bar No. 066479 Florida Bar No. 435971 ie oT JU Lie SMITH CERTIFICATE OF SERVICE THEREBY CERTIFY that a truc and correct copy of the foregoing has been duly furnished First Class U.S. Mail, Facsimile and/or email to: Julie Smith Tenant Unknown Tenant C/o Ronald J. Marlowe, Esq. n/k/a Caden Moore 2202 N. West Shore Blvd, Ste 200 2115 37th Avenue East Tampa, FL 33607 Bradenton, FL 34208 ‘on@marlowe.law ervice@marlowe.law Tenant II/Unknown Tenant Tenant I1/Unknown Tenant n/k/a June Moore n/k/a Raymond Moore 2115 37th Avenue East 2115 37th Avenue East Bradenton, FL 34208 Bradenton, FL 34208 this is day of November, 2021 By: Z, Rpm Ne Ee William Nussbaum II], Esq. Page 3 of 3 "2021CA003637AX" 137666046 Filed at Manatee County Clerk 11/01/2021 04:16:34 PM EDT