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Filing # 137311019 E-Filed 10/26/2021 03:49:02 PM
IN THE COUNTY COURT FOR THE 6TH JUDICIAL
CIRCUIT IN AND FOR PINELLAS COUNTY,
FLORIDA
CASE NUMBER:
TD BANK USA, N.A.,
Plaintiff,
vs.
MARILYN J LUTHER,
Defendant.
_________________________/
SUMMONS / NOTICE TO APPEAR FOR PRETRIAL CONFERENCE
STATE OF FLORIDA – NOTICE TO DEFENDANT(S):
MARILYN J LUTHER
APT 825 115 112TH AVE NE
SAINT PETERSBURG FL 33716-3262
YOU ARE HEREBY notified that you are required to appear in person or by attorney at the PINELLAS
COUNTY COURTHOUSE, 315 COURT STREET , ROOM 170, CLEARWATER FL 33756 on the ________ day
of ______________________, 20_____ at __________.m. for a PRETRIAL CONFERENCE before a judge of this
court.
IMPORTANT - READ CAREFULLY
THE CASE WILL NOT BE TRIED AT THAT TIME. DO NOT BRING WITNESSES.
APPEAR IN PERSON OR BY ATTORNEY
The Defendant(s) must appear in court on the date specified in order to avoid a default judgment. The
Plaintiff must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to
the court by the Plaintiff or the Defendant(s) shall not excuse the personal appearance of a party or its attorney in the
PRETRIAL CONFERENCE. The date and time of the pretrial conference CANNOT be rescheduled without good
cause and prior court approval.
Any business entity recognized under Florida law may be represented at any stage of the trial court
proceedings by any principal of the business entity who has legal authority to bind the business entity or any employee
authorized in writing by a principal of the business entity. A principal is defined as being an officer, member,
managing member, or partner of the business entity. Written authorization must be bought to the PreTrial Conference.
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of
the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be
resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain
briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents
necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no
proof and will expedite the trial, and estimate how long it will take to try the case.
Mediation may take place at the pretrial conference. Whoever appears for a party must have full authority to
settle. Failure to have full authority to settle at this pretrial conference may result in the imposition of costs and
attorneys fees incurred by the opposing party.
If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the
court. The court may or may not approve a payment plan and may withhold judgment or execution or levy.
RIGHT TO VENUE. The law gives the person or company who has sued you the right to file suit in any one of
several places listed below. However, if you have been sued in any place other than one of these places, you, as
the Defendant(s), have the right to request that the case be moved to a proper location or venue. A proper
location or venue may be one of the following: (1) where the contract was entered into; (2) if the suit is on an
unsecured Promissory Note, where the note is signed or where the maker resides; (3) if the suit is to recover
property or to foreclose a lien, where the property is located; (4) where the event giving rise to the suit
occurred; (5) where any one or more of the Defendants sued reside; (6) any location agreed to in a contract; (7)
in an action for money due, if there is no agreement as to where suit may be filed, where payment is to be
made.
If you, as the Defendant(s), believe the Plaintiff has not sued in one of these correct places, you must
appear on your court date and orally request a transfer, or you must file a WRITTEN request for transfer in
affidavit form (sworn to under oath) with the court seven days prior to your first court date and send a copy to the
Plaintiff or Plaintiff's attorney, if any.
DATED at PINELLAS County, Florida, on ___________________________________.
NOT USED BY THE CLERK
By: KEN BURKE
as Deputy Clerk
FILED BY:
RAS LaVrar, LLC
ATTORNEYS FOR PLAINTIFF
1133 S. University Drive, 2nd Floor
Plantation, FL 33324
954-735-4455 or 800-531-5490
954-735-0227 (fax)
844-384-6768 (TTY)
service@raslavrar.com
AMERICANS WITH DISABILITIES ACT:
Special accommodations for court proceedings
The Americans with Disabilities act of 1990, prohibits discrimination on the basis
of disability in state and local government services. This includes participation in
court proceedings. Pursuant to Title II of the ADA the Florida State Court System
will make reasonable modifications in policies, practices and procedures; furnish
auxiliary aids and services; and afford program accessibility.
Parties, witnesses, lawyers, jurors and other court participants can request
assistance with things such as large print documents, American Sign Language
interpreters, assignment to wheelchair accessible court rooms, and the like.
If you are a person with a disability who needs an accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact: Human Rights Office400 S. Ft. Harrison Ave.,
Ste. 500 Clearwater, FL 33756 Phone: 727.464.4062 V/TDD Or 711 for the
hearing impaired
Contact should be initiated at least seven days before the scheduled court
appearance, or immediately upon receiving this notification if the time before the
scheduled appearance is less than seven days.
Preview
Filing # 137311019 E-Filed 10/26/2021 03:49:02 PM IN THE COUNTY COURT FOR THE 6TH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CASE NUMBER: TD BANK USA, N.A., Plaintiff, vs. MARILYN J LUTHER, Defendant. _________________________/ SUMMONS / NOTICE TO APPEAR FOR PRETRIAL CONFERENCE STATE OF FLORIDA – NOTICE TO DEFENDANT(S): MARILYN J LUTHER APT 825 115 112TH AVE NE SAINT PETERSBURG FL 33716-3262 YOU ARE HEREBY notified that you are required to appear in person or by attorney at the PINELLAS COUNTY COURTHOUSE, 315 COURT STREET , ROOM 170, CLEARWATER FL 33756 on the ________ day of ______________________, 20_____ at __________.m. for a PRETRIAL CONFERENCE before a judge of this court. IMPORTANT - READ CAREFULLY THE CASE WILL NOT BE TRIED AT THAT TIME. DO NOT BRING WITNESSES. APPEAR IN PERSON OR BY ATTORNEY The Defendant(s) must appear in court on the date specified in order to avoid a default judgment. The Plaintiff must appear to avoid having the case dismissed for lack of prosecution. A written MOTION or ANSWER to the court by the Plaintiff or the Defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval. Any business entity recognized under Florida law may be represented at any stage of the trial court proceedings by any principal of the business entity who has legal authority to bind the business entity or any employee authorized in writing by a principal of the business entity. A principal is defined as being an officer, member, managing member, or partner of the business entity. Written authorization must be bought to the PreTrial Conference. The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require no proof and will expedite the trial, and estimate how long it will take to try the case. Mediation may take place at the pretrial conference. Whoever appears for a party must have full authority to settle. Failure to have full authority to settle at this pretrial conference may result in the imposition of costs and attorneys fees incurred by the opposing party. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the court. The court may or may not approve a payment plan and may withhold judgment or execution or levy. RIGHT TO VENUE. The law gives the person or company who has sued you the right to file suit in any one of several places listed below. However, if you have been sued in any place other than one of these places, you, as the Defendant(s), have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: (1) where the contract was entered into; (2) if the suit is on an unsecured Promissory Note, where the note is signed or where the maker resides; (3) if the suit is to recover property or to foreclose a lien, where the property is located; (4) where the event giving rise to the suit occurred; (5) where any one or more of the Defendants sued reside; (6) any location agreed to in a contract; (7) in an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made. If you, as the Defendant(s), believe the Plaintiff has not sued in one of these correct places, you must appear on your court date and orally request a transfer, or you must file a WRITTEN request for transfer in affidavit form (sworn to under oath) with the court seven days prior to your first court date and send a copy to the Plaintiff or Plaintiff's attorney, if any. DATED at PINELLAS County, Florida, on ___________________________________. NOT USED BY THE CLERK By: KEN BURKE as Deputy Clerk FILED BY: RAS LaVrar, LLC ATTORNEYS FOR PLAINTIFF 1133 S. University Drive, 2nd Floor Plantation, FL 33324 954-735-4455 or 800-531-5490 954-735-0227 (fax) 844-384-6768 (TTY) service@raslavrar.com AMERICANS WITH DISABILITIES ACT: Special accommodations for court proceedings The Americans with Disabilities act of 1990, prohibits discrimination on the basis of disability in state and local government services. This includes participation in court proceedings. Pursuant to Title II of the ADA the Florida State Court System will make reasonable modifications in policies, practices and procedures; furnish auxiliary aids and services; and afford program accessibility. Parties, witnesses, lawyers, jurors and other court participants can request assistance with things such as large print documents, American Sign Language interpreters, assignment to wheelchair accessible court rooms, and the like. If you are a person with a disability who needs an accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: Human Rights Office400 S. Ft. Harrison Ave., Ste. 500 Clearwater, FL 33756 Phone: 727.464.4062 V/TDD Or 711 for the hearing impaired Contact should be initiated at least seven days before the scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven days.