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Filing # 77858198 E-Filed 09/13/2018 02:45:33 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CYPRESS TREE CONDOMINIUM
ASSOCIATION, INC., CASE NO.: CACE18002011
Plaintiff, DIVISION: 02
v.
THE SENIOR IRREVOCABLE FAMILY
TRUST, UNKNOWN TENANT _ IN
POSSESSION #1, UNKNOWN TENANT
IN POSSESSION #2,
Defendants.
/
MOTION TO QUASH SERVICE OF PROCESS
AND ISSUE ALIAS SUMMONS
Plaintiff, CYPRESS TREE CONDOMINIUM ASSOCIATION, INC., (“Association”),
through its undersigned counsel, moves to quash service on Defendants, UNKNOWN TENANT
IN POSSESSION #1 and UNKNOWN TENANT IN POSSESSION #2, and issue Alias Summons,
and states:
1. Plaintiff filed this foreclosure action in January 2018.
2. Service of process on Defendants, UNKNOWN TENANT IN POSSESSION #1
and UNKNOWN TENANT IN POSSESSION #2 was effectuated on February 2, 2018 at 4770
NW 10" Court, #108, Plantation, FL 33313. True and correct copies of the Returns of Service are
attached hereto as composite Exhibit “A.”
3. Subsequently, Plaintiff discovered that said service of process on said Defendants
was obtained in error at an incorrect property address and upon individuals which are not parties
to the instant case.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 9/13/2018 2:45:33 PM.****4. Accordingly, Plaintiff seeks the entry of an Order quashing service of process upon
Defendants, UNKNOWN TENANT IN POSSESSION #1 and UNKNOWN TENANT IN
POSSESSION #2, and directing the Clerk of Court to issue alias summons for Defendants,
UNKNOWN TENANT IN POSSESSION #1 and UNKNOWN TENANT IN POSSESSION #2,
as Plaintiff wishes to property effectuate service on said Defendants.
WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an order
granting the relief sought herein as well as any such other relief as this Court may deem just and
proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via US
Mail to The Senior Irrevocable Family Trust c/o Marcia Senior, 4770 NW 10" Court, #108,
Plantation, FL 33313 on this 13" day of September, 2018.
WASSERSTEIN, P.A.
301 Yamato Road
Suite 2199
Boca Raton, Florida 33431
Tel.: (561) 288-3999
Primary E-Mail: danw@wassersteinpa.com
Secondary E-Mail: reneer@wassersteinpa.com
By: /s Renee Renuart
RENEE RENUART, ESQ.
Florida Bar No. 863971EXHIBIT “A”RETURN OF SERVICE
State of Florida County of Broward Circuit Court
Case Number: CACE-18-002011
Plaintiff:
CYPRESS TREE CONDOMINIUM ASSOCIATION, INC.
vs.
Defendant:
THE SENIOR IRREVOCABLE FAMILY TRUST, UNKNOWN TENANT IN POSSESSION #1,
UNKNOWN TENANT IN POSSESSION #2
For:
Renee M. Renuart, Esq.
WASSERSTEIN, P.A.
301 Yamato Road
Suite 2199
Boca Raton, FL 33431
Received by LEGAL ADVOCATE SERVICES, INC. on the 26th day of January, 2018 at 3:33 pm to be served on UNKNOWN TENANT
IN POSSESSION #1, 4770 Nw 10th Court, #108, Plantation, FL 33313.
1, Abiola Cohen, do hereby affirm that on the 2nd day of February, 2018 at 6:00 pm, |:
INDIVIDUALLY/PERSONALLY served by delivering a true copy of the SUMMONS, COMPLAINT FOR FORECLOSURE, NOTICE OF
DESIGNATION OF PRIMARY E-MAIL ADDRESSES and NOTICE OF LIS-PENDENS with the date and hour of service endorsed
thereon by me, to: UNKNOWN TENANT IN POSSESSION #1 A/K/A BEN MORRIS SENIOR at the address of: 4770 Nw 10th Court,
#108, Plantation, FL 33313, and informed said person of the contents therein, in compliance with state statutes.
Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United States of America.
Marital Status: Based upon inquiry of party served, Defendant is not married.
Additional Information pertaining to this Service:
2/2/2018 6:00 pm SERVER ADVISES THAT MALE THAT WAS SERVED REFUSED TO PROVIDE THE NAMES OF THE OTHER
OCCUPANTS OF THE UNIT - JUST TO SAY THAT HE DiD RESIDE THERE WITH HIS TWO SISTERS - HE DID STATE THAT HE
WAS A RESIDENT AT THIS LOCATION
Description of Person Served: Age: 60, Sex: M, Race/Skin Color: BLACK, Height: 5'7", Weight: 114, Hair: GRAY, Glasses: N
| certify that | am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial
circuit in which the process was served. Pursuant to Florida Statutes 92.525, and under the penalty of perjury, | declare that the facts.
set forth in the foregoing affidavit are true and correct.
a
Abiola Cohen
Process Server # 1446
LEGAL ADVOCATE SERVICES, INC.
2465 Mercer Avenue
Suite 305
West Palm Beach, FL 33401
(561) 686-8828
Our Job Serial Number: LAS-2018001429
Copyright © 1992-2048 Database Services, Inc. - Process Server's Toolbox V7.1iRETURN OF SERVICE
State of Florida County of Broward Circuit Court
Case Number: CACE-18-002011
Plaintiff:
CYPRESS TREE CONDOMINIUM ASSOCIATION, INC.
vs.
Defendant:
THE SENIOR IRREVOCABLE FAMILY TRUST, UNKNOWN TENANT IN POSSESSION #1,
UNKNOWN TENANT IN POSSESSION #2
For:
Renee M. Renuart, Esq.
WASSERSTEIN, P.A.
301 Yamato Road
Suite 2199
Boca Raton, FL 33431
Received by LEGAL ADVOCATE SERVICES, INC. on the 26th day of January, 2018 at 3:33 pm to be served on UNKNOWN TENANT
IN POSSESSION #2, 4770 Nw 10th Court, #108, Plantation, FL 33313.
1, Abiola Cohen, do hereby affirm that on the 6th day of February, 2018 at 6:00 pm, I:
SUBSTITUTE served by delivering a true copy of the SUMMONS, COMPLAINT FOR FORECLOSURE, NOTICE OF DESIGNATION
OF PRIMARY E-MAIL ADDRESSES and NOTICE OF LIS-PENDENS with the date and hour of service endorsed thereon by me, to:
UNOWN TENANT IN POSSESSION #2 A/K/A JANE DOE TO BEN MORRIS SENIOR as CO-RESIDENT at the address of: 4770 Nw
10th Court, #108, Plantation, FL 33313, the within named person's usual place of Abode, who resides therein, who is fifteen (15)
years of age or older and informed said person of the contents therein, in compliance with state statutes.
Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United States of America.
Marital Status: Based upon inquiry of party served, Defendant is not married.
Additional Information pertaining to this Service:
2/2/2018 6:00 pm SERVER ADVISES THAT MALE THAT WAS SERVED REFUSED TO PROVIDE THE NAMES OF THE OTHER
OCCUPANTS OF THE UNIT - JUST TO SAY THAT HE DID RESIDE THERE WITH HIS TWO SISTERS - HE DID STATE THAT HE
WAS A RESIDENT AT THIS LOCATION
Description of Person Served: Age: 60, Sex: M, Race/Skin Color: BLACK, Height: 5'7, Weight: 140, Hair: GRAY, Glasses: N
| certify that | am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial
circuit in which the process was served. Pursuant to Florida Statutes 92.525, and under the penalty of perjury, | declare that the facts
set forth in the foregoing affidavit are true and correct.
iola Cohen
Process Server # 1446
LEGAL ADVOCATE SERVICES, INC.
2465 Mercer Avenue
Suite 305
West Palm Beach, FL 33401
(561) 686-8828
Our Job Serial Number: LAS-2018001430
‘Copyright © 1992-2018 Database Services, Inc. - Procass Server's Toolbox V7.1i
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Filing # 77858198 E-Filed 09/13/2018 02:45:33 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CYPRESS TREE CONDOMINIUM ASSOCIATION, INC., CASE NO.: CACE18002011 Plaintiff, DIVISION: 02 v. THE SENIOR IRREVOCABLE FAMILY TRUST, UNKNOWN TENANT _ IN POSSESSION #1, UNKNOWN TENANT IN POSSESSION #2, Defendants. / MOTION TO QUASH SERVICE OF PROCESS AND ISSUE ALIAS SUMMONS Plaintiff, CYPRESS TREE CONDOMINIUM ASSOCIATION, INC., (“Association”), through its undersigned counsel, moves to quash service on Defendants, UNKNOWN TENANT IN POSSESSION #1 and UNKNOWN TENANT IN POSSESSION #2, and issue Alias Summons, and states: 1. Plaintiff filed this foreclosure action in January 2018. 2. Service of process on Defendants, UNKNOWN TENANT IN POSSESSION #1 and UNKNOWN TENANT IN POSSESSION #2 was effectuated on February 2, 2018 at 4770 NW 10" Court, #108, Plantation, FL 33313. True and correct copies of the Returns of Service are attached hereto as composite Exhibit “A.” 3. Subsequently, Plaintiff discovered that said service of process on said Defendants was obtained in error at an incorrect property address and upon individuals which are not parties to the instant case. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 9/13/2018 2:45:33 PM.****4. Accordingly, Plaintiff seeks the entry of an Order quashing service of process upon Defendants, UNKNOWN TENANT IN POSSESSION #1 and UNKNOWN TENANT IN POSSESSION #2, and directing the Clerk of Court to issue alias summons for Defendants, UNKNOWN TENANT IN POSSESSION #1 and UNKNOWN TENANT IN POSSESSION #2, as Plaintiff wishes to property effectuate service on said Defendants. WHEREFORE, Plaintiff respectfully requests that this honorable Court enter an order granting the relief sought herein as well as any such other relief as this Court may deem just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via US Mail to The Senior Irrevocable Family Trust c/o Marcia Senior, 4770 NW 10" Court, #108, Plantation, FL 33313 on this 13" day of September, 2018. WASSERSTEIN, P.A. 301 Yamato Road Suite 2199 Boca Raton, Florida 33431 Tel.: (561) 288-3999 Primary E-Mail: danw@wassersteinpa.com Secondary E-Mail: reneer@wassersteinpa.com By: /s Renee Renuart RENEE RENUART, ESQ. Florida Bar No. 863971EXHIBIT “A”RETURN OF SERVICE State of Florida County of Broward Circuit Court Case Number: CACE-18-002011 Plaintiff: CYPRESS TREE CONDOMINIUM ASSOCIATION, INC. vs. Defendant: THE SENIOR IRREVOCABLE FAMILY TRUST, UNKNOWN TENANT IN POSSESSION #1, UNKNOWN TENANT IN POSSESSION #2 For: Renee M. Renuart, Esq. WASSERSTEIN, P.A. 301 Yamato Road Suite 2199 Boca Raton, FL 33431 Received by LEGAL ADVOCATE SERVICES, INC. on the 26th day of January, 2018 at 3:33 pm to be served on UNKNOWN TENANT IN POSSESSION #1, 4770 Nw 10th Court, #108, Plantation, FL 33313. 1, Abiola Cohen, do hereby affirm that on the 2nd day of February, 2018 at 6:00 pm, |: INDIVIDUALLY/PERSONALLY served by delivering a true copy of the SUMMONS, COMPLAINT FOR FORECLOSURE, NOTICE OF DESIGNATION OF PRIMARY E-MAIL ADDRESSES and NOTICE OF LIS-PENDENS with the date and hour of service endorsed thereon by me, to: UNKNOWN TENANT IN POSSESSION #1 A/K/A BEN MORRIS SENIOR at the address of: 4770 Nw 10th Court, #108, Plantation, FL 33313, and informed said person of the contents therein, in compliance with state statutes. Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United States of America. Marital Status: Based upon inquiry of party served, Defendant is not married. Additional Information pertaining to this Service: 2/2/2018 6:00 pm SERVER ADVISES THAT MALE THAT WAS SERVED REFUSED TO PROVIDE THE NAMES OF THE OTHER OCCUPANTS OF THE UNIT - JUST TO SAY THAT HE DiD RESIDE THERE WITH HIS TWO SISTERS - HE DID STATE THAT HE WAS A RESIDENT AT THIS LOCATION Description of Person Served: Age: 60, Sex: M, Race/Skin Color: BLACK, Height: 5'7", Weight: 114, Hair: GRAY, Glasses: N | certify that | am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Pursuant to Florida Statutes 92.525, and under the penalty of perjury, | declare that the facts. set forth in the foregoing affidavit are true and correct. a Abiola Cohen Process Server # 1446 LEGAL ADVOCATE SERVICES, INC. 2465 Mercer Avenue Suite 305 West Palm Beach, FL 33401 (561) 686-8828 Our Job Serial Number: LAS-2018001429 Copyright © 1992-2048 Database Services, Inc. - Process Server's Toolbox V7.1iRETURN OF SERVICE State of Florida County of Broward Circuit Court Case Number: CACE-18-002011 Plaintiff: CYPRESS TREE CONDOMINIUM ASSOCIATION, INC. vs. Defendant: THE SENIOR IRREVOCABLE FAMILY TRUST, UNKNOWN TENANT IN POSSESSION #1, UNKNOWN TENANT IN POSSESSION #2 For: Renee M. Renuart, Esq. WASSERSTEIN, P.A. 301 Yamato Road Suite 2199 Boca Raton, FL 33431 Received by LEGAL ADVOCATE SERVICES, INC. on the 26th day of January, 2018 at 3:33 pm to be served on UNKNOWN TENANT IN POSSESSION #2, 4770 Nw 10th Court, #108, Plantation, FL 33313. 1, Abiola Cohen, do hereby affirm that on the 6th day of February, 2018 at 6:00 pm, I: SUBSTITUTE served by delivering a true copy of the SUMMONS, COMPLAINT FOR FORECLOSURE, NOTICE OF DESIGNATION OF PRIMARY E-MAIL ADDRESSES and NOTICE OF LIS-PENDENS with the date and hour of service endorsed thereon by me, to: UNOWN TENANT IN POSSESSION #2 A/K/A JANE DOE TO BEN MORRIS SENIOR as CO-RESIDENT at the address of: 4770 Nw 10th Court, #108, Plantation, FL 33313, the within named person's usual place of Abode, who resides therein, who is fifteen (15) years of age or older and informed said person of the contents therein, in compliance with state statutes. Military Status: Based upon inquiry of party served, Defendant is not in the military service of the United States of America. Marital Status: Based upon inquiry of party served, Defendant is not married. Additional Information pertaining to this Service: 2/2/2018 6:00 pm SERVER ADVISES THAT MALE THAT WAS SERVED REFUSED TO PROVIDE THE NAMES OF THE OTHER OCCUPANTS OF THE UNIT - JUST TO SAY THAT HE DID RESIDE THERE WITH HIS TWO SISTERS - HE DID STATE THAT HE WAS A RESIDENT AT THIS LOCATION Description of Person Served: Age: 60, Sex: M, Race/Skin Color: BLACK, Height: 5'7, Weight: 140, Hair: GRAY, Glasses: N | certify that | am over the age of 18, have no interest in the above action, and am a Process Server, in good standing, in the judicial circuit in which the process was served. Pursuant to Florida Statutes 92.525, and under the penalty of perjury, | declare that the facts set forth in the foregoing affidavit are true and correct. iola Cohen Process Server # 1446 LEGAL ADVOCATE SERVICES, INC. 2465 Mercer Avenue Suite 305 West Palm Beach, FL 33401 (561) 686-8828 Our Job Serial Number: LAS-2018001430 ‘Copyright © 1992-2018 Database Services, Inc. - Procass Server's Toolbox V7.1i