Preview
10/10/2008 5:46 PM Lee County Clerk of Court
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
NATIONAL CITY MORTGAGE CO.,
Plaintiff,
vs. Case No. 07-CA-016822
H. CARL BUTLER, et al.,
Defendants.
/
D. PECK ROOFING, INC.’S_ANSWER AND DEFENSES
As and for an Answer and Defenses to the Complaint D. PECK ROOFING, INC. states:
ANSWER
1. Defendant admits the allegations contained in paragraphs 1, 2, 6, 16 and 18.
2. Defendant admits to paragraph 15 to the extent Defendant holds a lien; otherwise
denied.
3. Defendant is without knowledge as to all other allegations and demands strict proof
thereof.
DEFENSES
As and for Affirmative Defenses to the Complaint Defendant states:
1. Asand fora First Affirmative Defense Defendant, subject to judicial determination
Plaintiff's mortgage has priority over its lien, asserts it holds valid and enforceable lien; that its lien
relates back to the Notice of Commencement; and its lien has priority over the interests of the other
named Defendants.
2. Defendant requests this Court establish the priorities of the interests of Plaintiff and of
Defendants pursuant to Fla. Statt. 5713.07; perform an accounting of the claims of the parties to thisaction; order the sale of the subject property; and to disburse the proceeds of the sale in accordance
with the rulings of this Court. A copy of the Notice of Commencement is attached as Exhibit “A”.
I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and Defenses
were provided by regular United States mail this 10" day of October, 2008 to: SULY M.
ESPINOZA, ESQ., Law Offices of David J. Stern, PA, 801 S. University Drive, Suite 500,
Plantation, FL 33324.
FOWLER WHITE BOGGS BANKER P.A.
P.O. Box 1567
Fort Myers, FL 33902
(239) 334-7892
Fax No: (239) 334-3240
Email; michael.randolph@fowlerwhite.com
alps 7
Michael David Randolph
Florida Bar No: 119970EXHIBIT “A”INSTR # 2005000190946, Doc Type NOC, Pages 1, Recorded 12/29/2005 at 05:01 PM,
Charlie Green, Lee County Clerk of Circuit Court, Rec. Fee $10.00 Deputy
Clerk LAMBROSIO
OAS e ue Bpe
Return to: Courthouse Box #4
PREPARED BY: Richard W. Winesett
‘Avery, Whigham & Winesett, P.A.
Post Office Drawer 610
Fort Myers, FL 33902
Permit No.
STRAP #: 03-45-26-02-00015,0060
state or WV.
COUNTY OF Yann alin
NOTICE OF COMMENCEMENT
‘The undersigned hereby gives notice that improvement will be made to certain real property, and in
accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of
‘Commencement:
1, Description of Property:
Lot 6, Block 15, Unit 2, Section 3, Township 45 South, Range 26 East,
LEHIGH ACRES, Florida. According to the map or plat thereof on file in the
Office of the Clerk of the Circuit Cour, recorded in Plat Book 15, Page 95, Public
Records of Lee County, Florida,
Property Address: 4109 19" St. SW, Lehigh Acres, FL 33971
2. General description of improvement: Construction of residential family dwelling
3. Owner information:
a. Name and address: H. CARL BUTLER,
3 Mont Chateau Estates, Morgantown, WV 26508
b, Interest in property: Fee Simple,
4, Contractor: MERIT HOMES, INC.
621 Unit 2 Cape Coral Pkwy. E., Cape Coral, FL 33904
239-541-0058
5. Surety: NYA
6. POOL CONTRACTOR: NIA
7, SEAWALL/DOCK CONTRACTOR: N/A
8. LENDER: National City Bank of Indiana
222 S. Westmonte Dr., Suite 109, Altamonte Springs, FL 32714
9, Persons within the State of Florida designated by Owner upon whom notices or other documents may
be served as provided by Section 713.13(1a)7, Florida Statutes: (OWNER’S AGENT):
AVERY, WHIGHAM & WINESETT, P.A., 2248 First Street, Ft, Myers, FL. 33901
In addition to himself, Owner designates National City Bank of Indiana, 222 S, Westmonte Dr., Suite
109, Altamonte Springs, FL 32714, to receive a copy of the Lienor's Notice as provided in Section
713.13(1(b), Florida Statutes. Phone number:
10. Expiration date of notice of commencement (the expiration date is | year from the date of recording,
unless a different date is specified):
SWORN TO AND SUBSCRIBED before me this §_ day of December 2005, by H. CARL
BUTLER, who is [74 personally known to me or who [__] produced the following as identification:
and who did take an oath.
Tam a Notary Public in and for the State of iuwk Wnginis and my commission expires ('tAdan't, 21S
v
SEAL 5
NOTARY PUBLIC
Saanes te we
i Seas et Laweeve 9 Tayo
Pelee RS Printed Name
Preview
10/10/2008 5:46 PM Lee County Clerk of Court IN THE CIRCUIT COURT OF THE 20™ JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA NATIONAL CITY MORTGAGE CO., Plaintiff, vs. Case No. 07-CA-016822 H. CARL BUTLER, et al., Defendants. / D. PECK ROOFING, INC.’S_ANSWER AND DEFENSES As and for an Answer and Defenses to the Complaint D. PECK ROOFING, INC. states: ANSWER 1. Defendant admits the allegations contained in paragraphs 1, 2, 6, 16 and 18. 2. Defendant admits to paragraph 15 to the extent Defendant holds a lien; otherwise denied. 3. Defendant is without knowledge as to all other allegations and demands strict proof thereof. DEFENSES As and for Affirmative Defenses to the Complaint Defendant states: 1. Asand fora First Affirmative Defense Defendant, subject to judicial determination Plaintiff's mortgage has priority over its lien, asserts it holds valid and enforceable lien; that its lien relates back to the Notice of Commencement; and its lien has priority over the interests of the other named Defendants. 2. Defendant requests this Court establish the priorities of the interests of Plaintiff and of Defendants pursuant to Fla. Statt. 5713.07; perform an accounting of the claims of the parties to thisaction; order the sale of the subject property; and to disburse the proceeds of the sale in accordance with the rulings of this Court. A copy of the Notice of Commencement is attached as Exhibit “A”. I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and Defenses were provided by regular United States mail this 10" day of October, 2008 to: SULY M. ESPINOZA, ESQ., Law Offices of David J. Stern, PA, 801 S. University Drive, Suite 500, Plantation, FL 33324. FOWLER WHITE BOGGS BANKER P.A. P.O. Box 1567 Fort Myers, FL 33902 (239) 334-7892 Fax No: (239) 334-3240 Email; michael.randolph@fowlerwhite.com alps 7 Michael David Randolph Florida Bar No: 119970EXHIBIT “A”INSTR # 2005000190946, Doc Type NOC, Pages 1, Recorded 12/29/2005 at 05:01 PM, Charlie Green, Lee County Clerk of Circuit Court, Rec. Fee $10.00 Deputy Clerk LAMBROSIO OAS e ue Bpe Return to: Courthouse Box #4 PREPARED BY: Richard W. Winesett ‘Avery, Whigham & Winesett, P.A. Post Office Drawer 610 Fort Myers, FL 33902 Permit No. STRAP #: 03-45-26-02-00015,0060 state or WV. COUNTY OF Yann alin NOTICE OF COMMENCEMENT ‘The undersigned hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of ‘Commencement: 1, Description of Property: Lot 6, Block 15, Unit 2, Section 3, Township 45 South, Range 26 East, LEHIGH ACRES, Florida. According to the map or plat thereof on file in the Office of the Clerk of the Circuit Cour, recorded in Plat Book 15, Page 95, Public Records of Lee County, Florida, Property Address: 4109 19" St. SW, Lehigh Acres, FL 33971 2. General description of improvement: Construction of residential family dwelling 3. Owner information: a. Name and address: H. CARL BUTLER, 3 Mont Chateau Estates, Morgantown, WV 26508 b, Interest in property: Fee Simple, 4, Contractor: MERIT HOMES, INC. 621 Unit 2 Cape Coral Pkwy. E., Cape Coral, FL 33904 239-541-0058 5. Surety: NYA 6. POOL CONTRACTOR: NIA 7, SEAWALL/DOCK CONTRACTOR: N/A 8. LENDER: National City Bank of Indiana 222 S. Westmonte Dr., Suite 109, Altamonte Springs, FL 32714 9, Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1a)7, Florida Statutes: (OWNER’S AGENT): AVERY, WHIGHAM & WINESETT, P.A., 2248 First Street, Ft, Myers, FL. 33901 In addition to himself, Owner designates National City Bank of Indiana, 222 S, Westmonte Dr., Suite 109, Altamonte Springs, FL 32714, to receive a copy of the Lienor's Notice as provided in Section 713.13(1(b), Florida Statutes. Phone number: 10. Expiration date of notice of commencement (the expiration date is | year from the date of recording, unless a different date is specified): SWORN TO AND SUBSCRIBED before me this §_ day of December 2005, by H. CARL BUTLER, who is [74 personally known to me or who [__] produced the following as identification: and who did take an oath. Tam a Notary Public in and for the State of iuwk Wnginis and my commission expires ('tAdan't, 21S v SEAL 5 NOTARY PUBLIC Saanes te we i Seas et Laweeve 9 Tayo Pelee RS Printed Name