Preview
Filing #50543581 E-Filed 12/28/2016 11:07:20 AM
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
WILMINGTON SAVINGS FUND SOCIETY, FSB, DBA
CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS CASE NO.: 15-CA-010150
TRUSTEE FOR PRETIUM MORTGAGE
ACQUISITION TRUST
Plaintiff(s),
VS.
KELLY FLOYD; HERITAGE ISLES GOLF AND
COUNTRY CLUB COMMUNITY ASSOCIATION, INC.;
NASSAU POINTE AT HERITAGE ISLES
HOMEOWNERS ASSOCIATIONS, INC.;
Defendant(s).
/
PLAINTIFF'S MOTION TO SCHEDULE NON-JURY TRIAL AND
NOTICE THAT CASE IS AT ISSUE AND READY FOR NON-JURY TRIAL
COMES NOW the Plaintiff, WILMINGTON SAVINGS FUND SOCIETY, FSB,
DBA CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM
MORTGAGE ACQUISITION TRUST, by and through the undersigned legal counsel, and
pursuant to Fla. R. Civ. P. 1.440, hereby gives notice that this case is presently at issue and
hereby requests that the court schedule a Non-Jury Trial within the next ninety (90) days, and
states the following:
1 This is an original residential mortgage foreclosure proceeding between the parties that
was filed on or about November 5, 2015
As of December 26, 2015, all defendants have been served. The Unknown Spouse of
Kelly Floyd and the Unknown Tenant in Possession of 18140 Paradise Point Drive,
Tampa, FL 33647 were dropped from the action on or about April 8, 2016.
Heritage Isles Golf and Country Club Community Association, Inc. filed its Answer and
Affirmative Defenses on November 24, 2015. Plaintiff filed its Avoidance of the
Wilmington Savings Fund Society vs. Kelly Floyd
TDP File No. 15-000138-2
12/28/2016 11:07 AM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1
Affirmative Defenses filed by Heritage Isles Golf and Country Club Community
Association, Inc. on or about December 21, 2015.
Kelly Floyd filed an Answer and Affirmative Defenses on December 21, 2015. Plaintiff
filed its Avoidance of the Affirmative Defenses filed by Kelly Floyd on or about February
12, 2016.
Nassau Point at Heritage Isles Homeowner’s Association, Inc. filed its Answer and
Affirmative Defenses on November 24, 2015. Plaintiff filed its Avoidance of the
Affirmative Defenses filed by Nassau Point at Heritage Isles Homeowner’s Association,
Inc. on or about July 29, 2016.
The case is not in Loss Mitigation as of the filing of this motion.
Plaintiff's counsel is in possession of the original loan documents.
Plaintiff estimates that thirty (30) minutes will be necessary to conduct trial and Plaintiff
requests that this case be set for Non-Jury Trial within the next ninety (90) days.
WHEREFORE, Plaintiff respectfully requests that this court enter its order scheduling a
Non-Jury Trial of Foreclosure in this matter for the first available date within the next ninety (90)
days.
oe
Respectfi submited
TIMOTH
Z! =i
D GETT, P.A.
BE) AMIN A ING, ESQ.
lorida Bar # 6
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)
attorney @padgettlaw.net
Attorney for Plaintiff
Wilmington Savings Fund Society vs. Kelly Floyd
TDP File No. 15-000138-2
12/28/2016 11:07 AM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
to the parties on the attached Service List by e-service or by First Class U.S. Mail on this the
47.
23 day of December, 2016: AY
TIMOT! le PADGETT PA.
BE MINI/A. EWING, ESQ
Fi6rida Bar 62478
6267 Old Wat ak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)
attorney@padgettlaw.net
Attorney for Plaintiff
| Pursuant to the Fla. R. Jud. Admin. 2.516, the above signed counsel for Plaintiff designates :
attorney @padgettlaw.net as its primary e-mail address for service, in the above styled matter, of
all pleadings and documents required to be served on the parties.
Wilmington Savings Fund Society vs. Kelly Floyd
TDP File No. 15-000138-2
12/28/2016 11:07 AM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3
SERVICE LIST (CASE NO.: 15-CA-010150)
Merette L. Oweis, Esq (Counsel for Kelly Floyd)
3335 W. Bearss Avenue
Tampa, FL
merette.oweis@dxlegal.com
Howell Webster Melton, III, Esq. (Counsel for Heritage Isles Golf and Country Club Community
Association, Inc.)
1801 North Highland Ave
Tampa, FL 33602
wmelton@bushross.com
Eric Dickey, Esq. (Counsel for Nassau Pointe At Heritage Isles Homeowners Associations, Inc.)
410 S Ware Blvd, Ste 606
Tampa, FL 33619
edickey@dickeywhittle.com
Wilmington Savings Fund Society vs. Kelly Floyd
TDP File No. 15-000138-2
12/28/2016 11:07 AM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 4
Preview
Filing #50543581 E-Filed 12/28/2016 11:07:20 AM IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA WILMINGTON SAVINGS FUND SOCIETY, FSB, DBA CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS CASE NO.: 15-CA-010150 TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST Plaintiff(s), VS. KELLY FLOYD; HERITAGE ISLES GOLF AND COUNTRY CLUB COMMUNITY ASSOCIATION, INC.; NASSAU POINTE AT HERITAGE ISLES HOMEOWNERS ASSOCIATIONS, INC.; Defendant(s). / PLAINTIFF'S MOTION TO SCHEDULE NON-JURY TRIAL AND NOTICE THAT CASE IS AT ISSUE AND READY FOR NON-JURY TRIAL COMES NOW the Plaintiff, WILMINGTON SAVINGS FUND SOCIETY, FSB, DBA CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, by and through the undersigned legal counsel, and pursuant to Fla. R. Civ. P. 1.440, hereby gives notice that this case is presently at issue and hereby requests that the court schedule a Non-Jury Trial within the next ninety (90) days, and states the following: 1 This is an original residential mortgage foreclosure proceeding between the parties that was filed on or about November 5, 2015 As of December 26, 2015, all defendants have been served. The Unknown Spouse of Kelly Floyd and the Unknown Tenant in Possession of 18140 Paradise Point Drive, Tampa, FL 33647 were dropped from the action on or about April 8, 2016. Heritage Isles Golf and Country Club Community Association, Inc. filed its Answer and Affirmative Defenses on November 24, 2015. Plaintiff filed its Avoidance of the Wilmington Savings Fund Society vs. Kelly Floyd TDP File No. 15-000138-2 12/28/2016 11:07 AM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1 Affirmative Defenses filed by Heritage Isles Golf and Country Club Community Association, Inc. on or about December 21, 2015. Kelly Floyd filed an Answer and Affirmative Defenses on December 21, 2015. Plaintiff filed its Avoidance of the Affirmative Defenses filed by Kelly Floyd on or about February 12, 2016. Nassau Point at Heritage Isles Homeowner’s Association, Inc. filed its Answer and Affirmative Defenses on November 24, 2015. Plaintiff filed its Avoidance of the Affirmative Defenses filed by Nassau Point at Heritage Isles Homeowner’s Association, Inc. on or about July 29, 2016. The case is not in Loss Mitigation as of the filing of this motion. Plaintiff's counsel is in possession of the original loan documents. Plaintiff estimates that thirty (30) minutes will be necessary to conduct trial and Plaintiff requests that this case be set for Non-Jury Trial within the next ninety (90) days. WHEREFORE, Plaintiff respectfully requests that this court enter its order scheduling a Non-Jury Trial of Foreclosure in this matter for the first available date within the next ninety (90) days. oe Respectfi submited TIMOTH Z! =i D GETT, P.A. BE) AMIN A ING, ESQ. lorida Bar # 6 6267 Old Water Oak Road, Suite 203 Tallahassee, FL 32312 (850) 422-2520 (telephone) (850) 422-2567 (facsimile) attorney @padgettlaw.net Attorney for Plaintiff Wilmington Savings Fund Society vs. Kelly Floyd TDP File No. 15-000138-2 12/28/2016 11:07 AM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the parties on the attached Service List by e-service or by First Class U.S. Mail on this the 47. 23 day of December, 2016: AY TIMOT! le PADGETT PA. BE MINI/A. EWING, ESQ Fi6rida Bar 62478 6267 Old Wat ak Road, Suite 203 Tallahassee, FL 32312 (850) 422-2520 (telephone) (850) 422-2567 (facsimile) attorney@padgettlaw.net Attorney for Plaintiff | Pursuant to the Fla. R. Jud. Admin. 2.516, the above signed counsel for Plaintiff designates : attorney @padgettlaw.net as its primary e-mail address for service, in the above styled matter, of all pleadings and documents required to be served on the parties. Wilmington Savings Fund Society vs. Kelly Floyd TDP File No. 15-000138-2 12/28/2016 11:07 AM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3 SERVICE LIST (CASE NO.: 15-CA-010150) Merette L. Oweis, Esq (Counsel for Kelly Floyd) 3335 W. Bearss Avenue Tampa, FL merette.oweis@dxlegal.com Howell Webster Melton, III, Esq. (Counsel for Heritage Isles Golf and Country Club Community Association, Inc.) 1801 North Highland Ave Tampa, FL 33602 wmelton@bushross.com Eric Dickey, Esq. (Counsel for Nassau Pointe At Heritage Isles Homeowners Associations, Inc.) 410 S Ware Blvd, Ste 606 Tampa, FL 33619 edickey@dickeywhittle.com Wilmington Savings Fund Society vs. Kelly Floyd TDP File No. 15-000138-2 12/28/2016 11:07 AM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 4