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*#* FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/15/2013 1:25:55 PM.****
Electronically Filed 10/15/2013 01:25:57 PM ET
IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY, FLORIDA
CHAPEL TRAIL ASSOCIATES, LLC., a Florida
Limited Liability Company, CASE NO. 12-22491 COCE 52
Plaintiff,
Vv.
SOUTH BEACH CONCESSIONS
INCORPORATED, a Florida Corporation; and
ERIC ADAMS, Individually.
Defendants.
/
EXPARTE MOTION FOR ORDER REGARDING LEVY
Plaintiff, CHAPEL TRAIL ASSOCIATES, LLC., by and through its undersigned
attorney, files this its ExParte Motion for Order regarding Levy, and states as follows:
1. After entry of this Court's 9/25/13 Supplemental Final Judgment for
Damages, Plaintiff issued Instructions for Levy dated 10/3/13 attached hereto as Exhibit
#1 (“Instructions for Levy”).
2. Pursuant to those Instructions for Levy, on or about 11 AM on 10/15/13, the
Metro Dade County Sheriff's office (“Sheriff's Office”) attempted Levy on the food truck (the
“Truck”) described in the Instructions for Levy. The Truck is covered in signage with the
Defendants dba. The Truck is also registered in the name of the Corporate Defendant.
3. The Sheriffs Office was able to locate the vehicle behind an unlocked
fence/gate and able verify all aspects of the Instructions for Levy, except for the vehicle
identification number (“VIN#’), which has faded over time.
4. The Sheriff's Office advises that they: 1] will require a court order authorizing
completion of the levy and execution on the Truck, notwithstanding their inability to verify
the VIN#; and 2] recommend a “Break Order’, in the event that the fence/gate is locked
upon their return.
Wherefore, Plaintiff respectfully requests this Honorable Court enter a Break Order
and further authorize and direct the Sheriff to execute and levy on the Truck, even if the
VIN# cannot be verified, and further request this Court enter such other further relief as this
Court deems just and appropriate.| HEREBY CERTIFY that a true and correct copy of the foregoing will be served
(hand delivery or posting) upon the Defendants at the time of Levy. Defendants are
believed to have the following mail and e-mail addresses: South Beach Concessions
Incorporated and Eric M. Adams, 2911 SW 187" Terr, Miramar, FL 33029 (Email:
eadams2698@gmail.com).
RUSSELL D. KAPLAN, P.A.
Attorneys for Plaintiff
750 Southeast 3rd Avenue, Suite 100
Fort Lauderdale, Florida 33316
YACHAPEL TRAIL'South Beach Concessions M40rderReVin# wpaIN THE COUNTY COURT IN AND
FOR BROWARD COUNTY, FLORIDA
CHAPEL TRAIL ASSOCIATES, LLC., a Florida
Limited Liability Company, CASE NO. 12-22491 COCE 52
Plaintiff,
v.
SOUTH BEACH CONCESSIONS
INCORPORATED, a Florida Corporation; and INSTRUCTIONS FOR LEVY
ERIC ADAMS, Individually.
Defendants.
/
TO THE SHERIFF OF MIAMI-DADE COUNTY, FLORIDA:
In the matter of an execution for money issued out of the County Court, Broward
County, Florida, in the above case, you are instructed to levy upon the following-described
property of Defendant, SOUTH BEACH CONCESSIONS, INC:
LEVY ON THE FOLLOWING VEHICLE located at 14715 SW 104™ Place, Miami,
FL 33317:
(1) 1990 White International Truck & Engine Corp, Model 1652 SC
(now a Food Truck); Tag# FL ATGL93; Vin # 1HTMGZPM2LH262069;
titleholder is SOUTH BEACH CONCESSION, INC.
The balance due on the 9/25/13 Supplemental Final Judgment for Damages Default Final
Judgment (the “Judgment”) is $19,659.20 with interest accruing at 4.75% since that date.
A certified copy of the Judgment is being recorded in the Public Records of Miami-Dade
County, Florida.
Enclosed is a $710.00 deposit to cover costs incident to this levy. If you need to contact
me (Russell Kaplan), after business hours my cell phone is 954-270-5352. See an old
photo of the residence address attached hereto as Exhibit “A”.
Itis understood and agreed that you, as Sheriff of Miami-Dade County, Florida shall
be held blameless in making a wrongful levy, when acting upon these instructions, and it
is further understood and agreed that | shall pay all cost incident to this levy, should the
property levied upon, for any reason not be sold, or if upon sale should produce sufficient
money to pay said cost, unless said cost shall have been paid by the Defendant. In
addition, any property left unsold will be the responsibility of Plaintiff alone.
wnDated this 8 day ot OC 2013.
RUSSELL D. KAPLAN, P.A.
Counsel for Plaintiff
750 Southeast 3rd Avenue, Suite 100
Fort Lauderdale, Florida 33316
Tel: (954)-763-7777
Fax: (954) 763-2929
YW Kaplan, Esquire
Bar No. 5008951., Miami, FL
3176
*
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*#* FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/15/2013 1:25:55 PM.**** Electronically Filed 10/15/2013 01:25:57 PM ET IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CHAPEL TRAIL ASSOCIATES, LLC., a Florida Limited Liability Company, CASE NO. 12-22491 COCE 52 Plaintiff, Vv. SOUTH BEACH CONCESSIONS INCORPORATED, a Florida Corporation; and ERIC ADAMS, Individually. Defendants. / EXPARTE MOTION FOR ORDER REGARDING LEVY Plaintiff, CHAPEL TRAIL ASSOCIATES, LLC., by and through its undersigned attorney, files this its ExParte Motion for Order regarding Levy, and states as follows: 1. After entry of this Court's 9/25/13 Supplemental Final Judgment for Damages, Plaintiff issued Instructions for Levy dated 10/3/13 attached hereto as Exhibit #1 (“Instructions for Levy”). 2. Pursuant to those Instructions for Levy, on or about 11 AM on 10/15/13, the Metro Dade County Sheriff's office (“Sheriff's Office”) attempted Levy on the food truck (the “Truck”) described in the Instructions for Levy. The Truck is covered in signage with the Defendants dba. The Truck is also registered in the name of the Corporate Defendant. 3. The Sheriffs Office was able to locate the vehicle behind an unlocked fence/gate and able verify all aspects of the Instructions for Levy, except for the vehicle identification number (“VIN#’), which has faded over time. 4. The Sheriff's Office advises that they: 1] will require a court order authorizing completion of the levy and execution on the Truck, notwithstanding their inability to verify the VIN#; and 2] recommend a “Break Order’, in the event that the fence/gate is locked upon their return. Wherefore, Plaintiff respectfully requests this Honorable Court enter a Break Order and further authorize and direct the Sheriff to execute and levy on the Truck, even if the VIN# cannot be verified, and further request this Court enter such other further relief as this Court deems just and appropriate.| HEREBY CERTIFY that a true and correct copy of the foregoing will be served (hand delivery or posting) upon the Defendants at the time of Levy. Defendants are believed to have the following mail and e-mail addresses: South Beach Concessions Incorporated and Eric M. Adams, 2911 SW 187" Terr, Miramar, FL 33029 (Email: eadams2698@gmail.com). RUSSELL D. KAPLAN, P.A. Attorneys for Plaintiff 750 Southeast 3rd Avenue, Suite 100 Fort Lauderdale, Florida 33316 YACHAPEL TRAIL'South Beach Concessions M40rderReVin# wpaIN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA CHAPEL TRAIL ASSOCIATES, LLC., a Florida Limited Liability Company, CASE NO. 12-22491 COCE 52 Plaintiff, v. SOUTH BEACH CONCESSIONS INCORPORATED, a Florida Corporation; and INSTRUCTIONS FOR LEVY ERIC ADAMS, Individually. Defendants. / TO THE SHERIFF OF MIAMI-DADE COUNTY, FLORIDA: In the matter of an execution for money issued out of the County Court, Broward County, Florida, in the above case, you are instructed to levy upon the following-described property of Defendant, SOUTH BEACH CONCESSIONS, INC: LEVY ON THE FOLLOWING VEHICLE located at 14715 SW 104™ Place, Miami, FL 33317: (1) 1990 White International Truck & Engine Corp, Model 1652 SC (now a Food Truck); Tag# FL ATGL93; Vin # 1HTMGZPM2LH262069; titleholder is SOUTH BEACH CONCESSION, INC. The balance due on the 9/25/13 Supplemental Final Judgment for Damages Default Final Judgment (the “Judgment”) is $19,659.20 with interest accruing at 4.75% since that date. A certified copy of the Judgment is being recorded in the Public Records of Miami-Dade County, Florida. Enclosed is a $710.00 deposit to cover costs incident to this levy. If you need to contact me (Russell Kaplan), after business hours my cell phone is 954-270-5352. See an old photo of the residence address attached hereto as Exhibit “A”. Itis understood and agreed that you, as Sheriff of Miami-Dade County, Florida shall be held blameless in making a wrongful levy, when acting upon these instructions, and it is further understood and agreed that | shall pay all cost incident to this levy, should the property levied upon, for any reason not be sold, or if upon sale should produce sufficient money to pay said cost, unless said cost shall have been paid by the Defendant. In addition, any property left unsold will be the responsibility of Plaintiff alone. wnDated this 8 day ot OC 2013. RUSSELL D. KAPLAN, P.A. Counsel for Plaintiff 750 Southeast 3rd Avenue, Suite 100 Fort Lauderdale, Florida 33316 Tel: (954)-763-7777 Fax: (954) 763-2929 YW Kaplan, Esquire Bar No. 5008951., Miami, FL 3176 * Google Google earth _,{