Preview
Filing # 38690332 E-Filed 03/07/2016 02:46:55 PM
IN THE COUNTY COURT IN
AND FOR BROWARD COUNTY,
FLORIDA
EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53)
HOMEOWNERS ASSOCIATION, INC.,
a Florida corporation, ‘not-for-profit, MOTION FOR SUMMARY FINAL
JUDGMENT OF FORECLOSURE
vs.
TINA D. TURK, ET. Al,
Defendant(s).
/
MOTION FOR SUMMARY FINAL
JUDGMENT OF FORECLOSURE
Plaintiff, EAST LAKES IN PEMBROKE PINES HOMEOWNERS
ASSOCIATION, INC., a Florida corporation, not for profit, (Plaintiff “East Lake”) by
and through its undersigned attorney, hereby moves this Honorable Court to enter a
Summary Final Judgment of Foreclosure for East Lake in accordance with the
provisions of the Rule 1.510 Fla.R.Civ.P., on the following grounds:
1 The pleadings filed herein and the supporting Affidavits attached
hereto show that there is no genuine issue of any material fact.
2 The Defendant(s) have been served according to due and legal process
in this action.
3 This Court has jurisdiction over the Defendant(s) and subject matter.
4. Plaintiff East Lake is entitled to periodic payments pursuant to the that
Declaration of Covenants, Restrictions, and Easements for EAST LAKES, recorded
at Broward County Official Record Book 8456, at Page 448 of the Public Records of
Broward County, Florida.
5. The assessments sued upon by Plaintiff East Lake constitute a valid
lien on the property sought to be foreclosed and is superior to any right, title, interest
or claim of the Defendant(s) and all persons and entities claiming by, through or
under them.
6 Based upon the accompanying Affidavit of Indebtedness, Defendants
failed to pay their assessments due Plaintiff East Lake, and remain indebted to it in
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/7/2016 2:46:55 PM.****
violation of the Declaration and §§720.305 and .3085 Fla. Stat.
7. On the basis of the above grounds, Plaintiff East Lake is entitled to a
Summary Final Judgment of Foreclosure as a matter of law.
WHEREFORE Plaintiff East Lake demands judgement for foreclosure against
Defendants foreclosing the interests of all defendants and anyone claiming an interest in
the subject property from the date of Plaintiffs Lis Pendens, an award of court costs,
attorney fees, a foreclosure sale date, retain jurisdiction over the parties and subject
matter for entry of additional fees and expenses including entry of a deficiency judgment
and any other relief this Court deems just and equitable.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via US Mail to Tina Turk, 9801 NW 15¢* Court, Pembroke Pines, FL 33024 on
this 2nd day of March, 2016.
_/s/ Edward F. Holodak, Esq._
Edward F. Holodak, Esq.
Fla. Bar No.: 059234
Attorneys for Spring Valley
EDWARD F. HOLODAK, P.A.
7951 SW 6t St., Ste 210
Plantation, Fl. 33234
Telephone: (954) 927-3436
Fax: (954) 239-5786
edward@holodakpa.com
IN THE COUNTY COURT IN
AND FOR BROWARD COUNTY,
FLORIDA
EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53)
HOMEOWNERS ASSOCIATION, INC.,
a Florida corporation, not-for-profit,
Plaintiff, AFFIDAVIT OF INDEBTEDNESS
vs.
TINA D. TURK, ET. Al,
Defendant(s).
/
EAST LAKES IN PEMBROKE PINES HOMEOWNERS ASSOCIATION, INC.,
(‘EAST LAKE”) submits the following Affidavit of Indebtedness in support of its Motion
for Summary Final Judgment against Defendants TINA D. TURK, (Defendant
“OWNER(S)") herein, and says:
STATE OF FLORIDA
COUNTY OF BROWARD) '
BEFORE ME, the undersigned authority, personally appeared James Farmer, who
is personally known to me and who, after being first duly sworn, says:
1 Iam the President for Plaintiff EAST LAKE.
2. Thave personal knowledge of the following.
3. The periodic assessment charged by Plaintiff EAST LAKE was $95.00 per
month 2015 with late fees of $25.00 per month, and was $95.00 per month in 2016
with late fees of $25.00 per quarter.
4. The amount due from Defendant OWNER(S), for assessments due through
and including 2016, is $745.00.
5 This debt initially became due from Defendant OWNER(S) in September
2015.
6. Pursuant to the Declaration of Covenants, Restrictions, and Easements for
EAST LAKE, Defendant OWNER(S) additionally owes Plaintiff EAST LAKE its
reasonable attorney's fees and court costs.
7 Plaintiff EAST LAKE retained the law firm of EDWARD F. HOLODAK, P.A.
herein and has agreed to pay them a reasonable fee for their services.
Mn
EAST COMMUN! ASSOCIATION, INC.
BY. Mi ttm
James Farmer, President
SUBSCRIBED AND SWORN to before me, this 2 day of Ma rah2o16.
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this A_ day of March 2016, by
James Farmer, president of East Lake, who is personally know to me or produced
as identification.
—Whartew Onc
NOTARY PUBLIC
My Commission Expires:
aby
MY COMMISSION ¢ FF 246884
EXPIAES: November 1, 2019
Bonded Thru Notary Pubée Underwriters
IN THE COUNTY COURT IN
AND FOR BROWARD COUNTY,
FLORIDA
EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53)
HOMEOWNERS ASSOCIATION, INC.,
a Florida corporation, not-for-profit,
Plaintiff, COST AFFIDAVIT
vs.
TINA D. TURK, et al,
Defendant(s).
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority, personally appeared EDWARD F. HOLODAK,
ESQ., who, being first duly sworn, deposes and states:
1 That the undersigned is the attorney for the Plaintiff in the above-styled cause.
2 That the costs incurred by the Plaintiff in this cause are as follows:
Recording fee: 48.32
Title search: 275.00
Copies: 22.50
Postage: 28.92
Filing fee 319.30
Summons fee 10.00
Service of Process 41.60
Total: $745.64
le
FURTHER AFFIANT SAYETH NAUGHT.
WARD FHOLODAK, Esq.
SWORN TO AND ACKNOWLEDGED BEFORE ME, the undersigned authority, the
foregoing instrument, this_7\_ day of March, 2016, by EDWARD F. HOLODAK, ESQ., who is
personally known to me and who did take an oath.
My commissign expires,
TAMMY POMARANSKI
YY PUBLIC
Notary Public - State of Florida
My Comm. Expires Oct 10, 2017
% Commission # FF 062168
IN THE COUNTY COURT IN
AND FOR BROWARD COUNTY,
FLORIDA
EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53)
HOMEOWNERS ASSOCIATION, INC.,
a Florida corporation, not-for-profit,
Plaintiff, ATTORNEY FEE AFFIDAVIT
vs.
TINA D. TURK, et al,
Defendant(s).
STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, the undersigned authority personally appeared EDWARD F. HOLODAK, Esq.,
who, after being first duly cautioned and sworn, deposes and says:
1 That I am a member of the firm of EDWARD F. HOLODAK, P.A., attorneys of record
for the Plaintiff.
2. That the following is the services performed by my law firm on behalf of the Plaintiff
in the within action:
Preparation of collection correspondence, Claim of Lien, Crossclaim; Summons,
Preparation of Motion for Default, Notice of Hearing on Motion, attendance at
hearing on Motion for Default, Prepare Default, Motion for Summary Final
Judgment of Foreclosure; Notice of Hearing on Motion for Summary Final
Judgment, attendance at hearing on Motion for Summary Final Judgment, Prepare
Summary Final Judgment an Possession, Writ of Possession; Affidavit of
Attorney's Fees, Reasonable Attorney's Fees Affidavit and, Affidavit of Costs and
anticipates expending an additional 2 hours to finalize this file and attend the
foreclosure sale.
11.0 Hours @ $350.00: $3,850.00
Lil
FURTHER AFFIANT SAYETH NAUGHT.
‘ARD ODAK, Esq.
SWORN TO AND ACKNOWLEDG. , the undersigned authority, the foregoing
instrument, this 244 day of March, 2 , by EDWARD F. HOLODAK, ESQ., who is personally
nown to me and who did take an oath.
My, Qi an irs
sittin, OTARY IC
3ss TAMMY POMARANSKI
3Y Notary Public - State of Florida
ty Comm. Expires Oct 10, 2017
Commission # FF 062168
IN THE COUNTY COURT IN
AND FOR BROWARD COUNTY,
FLORIDA
EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53)
HOMEOWNERS ASSOCIATION, INC.,
a Florida corporation, not-for-profit,
Plaintiff, AFFIDVAIT OF REASONABLE
ATTORNEY FEES
vs.
TINA D. TURK, et al,
Defendant(s).
STATE OF FLORIDA )
COUNTY OF BROWARD )
On this day personally appeared before me, the undersigned authority, JOSEPH
P. KLAPHOLZ, who being by me first duly sworn upon his oath according to the law
deposes and says:
1 Affiant is a practicing attorney in Broward County, Florida, having been
admitted to the Florida Bar in the year 1984. In his capacity as an attorney having
practiced in the courts in Broward County, Florida, he has had experience in the types of
claims and actions which are the subject of this proceeding.
2. Affiant is familiar with the amount customarily charged by attorneys in
Broward County, Florida, for the services rendered by the attorneys herein and allowed
by this Court for Attorneys’ fees in such cases. Affiant knows the reasonable value of
those services and has been advised concerning the services rendered by the attorney
herein and has arrived at an opinion concerning what would be a reasonable fee for the
services rendered after considering the following facts.
A) The time and labor required, the novelty and difficulty of the questions
involved, and the skill requisite to perform the legal service properly.
B) The likelihood, if apparent to the client, that the acceptance of the
particular employment will preclude other employment by the lawyer.
C) The fee customarily charged in the locality for similar legal services.
D) The amount involved and the results obtained.
E) The time limitations imposed by the client or by the circumstances.
F) The nature and length of the professional relationship with the client.
G) The experience, reputation and ability of the lawyer or lawyers
performing the services.
H) Whether the fee is fixed or contingent.
In the opinion of Affiant, the sum ,of $ 12 0. ge would be a
reasonable attorneys’ fee to be allowed EDWARD i. HOLODAK, P.A., for their services
rendered in this proceeding.
, JOSEPH 1 PHOLZ, ESQ:
SWORN TO AND SUBSCRIBED BEFORE ME JOSEPH KLAPHOLZ, ESQ., who
is personally known to me and did take an oath this DY day of March, 2016.
NOTARY P, IC
My Commission Expires:
Preview
Filing # 38690332 E-Filed 03/07/2016 02:46:55 PM IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53) HOMEOWNERS ASSOCIATION, INC., a Florida corporation, ‘not-for-profit, MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE vs. TINA D. TURK, ET. Al, Defendant(s). / MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE Plaintiff, EAST LAKES IN PEMBROKE PINES HOMEOWNERS ASSOCIATION, INC., a Florida corporation, not for profit, (Plaintiff “East Lake”) by and through its undersigned attorney, hereby moves this Honorable Court to enter a Summary Final Judgment of Foreclosure for East Lake in accordance with the provisions of the Rule 1.510 Fla.R.Civ.P., on the following grounds: 1 The pleadings filed herein and the supporting Affidavits attached hereto show that there is no genuine issue of any material fact. 2 The Defendant(s) have been served according to due and legal process in this action. 3 This Court has jurisdiction over the Defendant(s) and subject matter. 4. Plaintiff East Lake is entitled to periodic payments pursuant to the that Declaration of Covenants, Restrictions, and Easements for EAST LAKES, recorded at Broward County Official Record Book 8456, at Page 448 of the Public Records of Broward County, Florida. 5. The assessments sued upon by Plaintiff East Lake constitute a valid lien on the property sought to be foreclosed and is superior to any right, title, interest or claim of the Defendant(s) and all persons and entities claiming by, through or under them. 6 Based upon the accompanying Affidavit of Indebtedness, Defendants failed to pay their assessments due Plaintiff East Lake, and remain indebted to it in *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 3/7/2016 2:46:55 PM.**** violation of the Declaration and §§720.305 and .3085 Fla. Stat. 7. On the basis of the above grounds, Plaintiff East Lake is entitled to a Summary Final Judgment of Foreclosure as a matter of law. WHEREFORE Plaintiff East Lake demands judgement for foreclosure against Defendants foreclosing the interests of all defendants and anyone claiming an interest in the subject property from the date of Plaintiffs Lis Pendens, an award of court costs, attorney fees, a foreclosure sale date, retain jurisdiction over the parties and subject matter for entry of additional fees and expenses including entry of a deficiency judgment and any other relief this Court deems just and equitable. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via US Mail to Tina Turk, 9801 NW 15¢* Court, Pembroke Pines, FL 33024 on this 2nd day of March, 2016. _/s/ Edward F. Holodak, Esq._ Edward F. Holodak, Esq. Fla. Bar No.: 059234 Attorneys for Spring Valley EDWARD F. HOLODAK, P.A. 7951 SW 6t St., Ste 210 Plantation, Fl. 33234 Telephone: (954) 927-3436 Fax: (954) 239-5786 edward@holodakpa.com IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53) HOMEOWNERS ASSOCIATION, INC., a Florida corporation, not-for-profit, Plaintiff, AFFIDAVIT OF INDEBTEDNESS vs. TINA D. TURK, ET. Al, Defendant(s). / EAST LAKES IN PEMBROKE PINES HOMEOWNERS ASSOCIATION, INC., (‘EAST LAKE”) submits the following Affidavit of Indebtedness in support of its Motion for Summary Final Judgment against Defendants TINA D. TURK, (Defendant “OWNER(S)") herein, and says: STATE OF FLORIDA COUNTY OF BROWARD) ' BEFORE ME, the undersigned authority, personally appeared James Farmer, who is personally known to me and who, after being first duly sworn, says: 1 Iam the President for Plaintiff EAST LAKE. 2. Thave personal knowledge of the following. 3. The periodic assessment charged by Plaintiff EAST LAKE was $95.00 per month 2015 with late fees of $25.00 per month, and was $95.00 per month in 2016 with late fees of $25.00 per quarter. 4. The amount due from Defendant OWNER(S), for assessments due through and including 2016, is $745.00. 5 This debt initially became due from Defendant OWNER(S) in September 2015. 6. Pursuant to the Declaration of Covenants, Restrictions, and Easements for EAST LAKE, Defendant OWNER(S) additionally owes Plaintiff EAST LAKE its reasonable attorney's fees and court costs. 7 Plaintiff EAST LAKE retained the law firm of EDWARD F. HOLODAK, P.A. herein and has agreed to pay them a reasonable fee for their services. Mn EAST COMMUN! ASSOCIATION, INC. BY. Mi ttm James Farmer, President SUBSCRIBED AND SWORN to before me, this 2 day of Ma rah2o16. STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this A_ day of March 2016, by James Farmer, president of East Lake, who is personally know to me or produced as identification. —Whartew Onc NOTARY PUBLIC My Commission Expires: aby MY COMMISSION ¢ FF 246884 EXPIAES: November 1, 2019 Bonded Thru Notary Pubée Underwriters IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53) HOMEOWNERS ASSOCIATION, INC., a Florida corporation, not-for-profit, Plaintiff, COST AFFIDAVIT vs. TINA D. TURK, et al, Defendant(s). STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned authority, personally appeared EDWARD F. HOLODAK, ESQ., who, being first duly sworn, deposes and states: 1 That the undersigned is the attorney for the Plaintiff in the above-styled cause. 2 That the costs incurred by the Plaintiff in this cause are as follows: Recording fee: 48.32 Title search: 275.00 Copies: 22.50 Postage: 28.92 Filing fee 319.30 Summons fee 10.00 Service of Process 41.60 Total: $745.64 le FURTHER AFFIANT SAYETH NAUGHT. WARD FHOLODAK, Esq. SWORN TO AND ACKNOWLEDGED BEFORE ME, the undersigned authority, the foregoing instrument, this_7\_ day of March, 2016, by EDWARD F. HOLODAK, ESQ., who is personally known to me and who did take an oath. My commissign expires, TAMMY POMARANSKI YY PUBLIC Notary Public - State of Florida My Comm. Expires Oct 10, 2017 % Commission # FF 062168 IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53) HOMEOWNERS ASSOCIATION, INC., a Florida corporation, not-for-profit, Plaintiff, ATTORNEY FEE AFFIDAVIT vs. TINA D. TURK, et al, Defendant(s). STATE OF FLORIDA ) COUNTY OF BROWARD ) BEFORE ME, the undersigned authority personally appeared EDWARD F. HOLODAK, Esq., who, after being first duly cautioned and sworn, deposes and says: 1 That I am a member of the firm of EDWARD F. HOLODAK, P.A., attorneys of record for the Plaintiff. 2. That the following is the services performed by my law firm on behalf of the Plaintiff in the within action: Preparation of collection correspondence, Claim of Lien, Crossclaim; Summons, Preparation of Motion for Default, Notice of Hearing on Motion, attendance at hearing on Motion for Default, Prepare Default, Motion for Summary Final Judgment of Foreclosure; Notice of Hearing on Motion for Summary Final Judgment, attendance at hearing on Motion for Summary Final Judgment, Prepare Summary Final Judgment an Possession, Writ of Possession; Affidavit of Attorney's Fees, Reasonable Attorney's Fees Affidavit and, Affidavit of Costs and anticipates expending an additional 2 hours to finalize this file and attend the foreclosure sale. 11.0 Hours @ $350.00: $3,850.00 Lil FURTHER AFFIANT SAYETH NAUGHT. ‘ARD ODAK, Esq. SWORN TO AND ACKNOWLEDG. , the undersigned authority, the foregoing instrument, this 244 day of March, 2 , by EDWARD F. HOLODAK, ESQ., who is personally nown to me and who did take an oath. My, Qi an irs sittin, OTARY IC 3ss TAMMY POMARANSKI 3Y Notary Public - State of Florida ty Comm. Expires Oct 10, 2017 Commission # FF 062168 IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA EAST LAKES IN PEMBROKE PINES CASE NO: COCE-15-026969 (53) HOMEOWNERS ASSOCIATION, INC., a Florida corporation, not-for-profit, Plaintiff, AFFIDVAIT OF REASONABLE ATTORNEY FEES vs. TINA D. TURK, et al, Defendant(s). STATE OF FLORIDA ) COUNTY OF BROWARD ) On this day personally appeared before me, the undersigned authority, JOSEPH P. KLAPHOLZ, who being by me first duly sworn upon his oath according to the law deposes and says: 1 Affiant is a practicing attorney in Broward County, Florida, having been admitted to the Florida Bar in the year 1984. In his capacity as an attorney having practiced in the courts in Broward County, Florida, he has had experience in the types of claims and actions which are the subject of this proceeding. 2. Affiant is familiar with the amount customarily charged by attorneys in Broward County, Florida, for the services rendered by the attorneys herein and allowed by this Court for Attorneys’ fees in such cases. Affiant knows the reasonable value of those services and has been advised concerning the services rendered by the attorney herein and has arrived at an opinion concerning what would be a reasonable fee for the services rendered after considering the following facts. A) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. B) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer. C) The fee customarily charged in the locality for similar legal services. D) The amount involved and the results obtained. E) The time limitations imposed by the client or by the circumstances. F) The nature and length of the professional relationship with the client. G) The experience, reputation and ability of the lawyer or lawyers performing the services. H) Whether the fee is fixed or contingent. In the opinion of Affiant, the sum ,of $ 12 0. ge would be a reasonable attorneys’ fee to be allowed EDWARD i. HOLODAK, P.A., for their services rendered in this proceeding. , JOSEPH 1 PHOLZ, ESQ: SWORN TO AND SUBSCRIBED BEFORE ME JOSEPH KLAPHOLZ, ESQ., who is personally known to me and did take an oath this DY day of March, 2016. NOTARY P, IC My Commission Expires: