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IN THE COUNTY COURTIN AND ~
FOR LAKE COUNTY, FLORIDA"
COUNTY CIVIL DIVISION=;* 3B
Case No.: 12CC3819 . S
SUMMER BAY PARTNERSHIP,
a Florida general partnership,
Plaintiff,
vs.
KIMBERLY JOHNSON et al
Defendant(s).
/ a
MOTION FOR FINAL JUDGMENT OF FORECLOSURE
Plaintiff, by and through its undersigned attorney, respectfully moves the Court for the entry of a
Final Judgment of Foreclosure in this cause as to the Counts of the Complaint listed in paragraph 2 below,
and as grounds therefore states as follows:
1. This is an action seeking to foreclose mortgages on real property located in Lake County,
Florida, wherein multiple defendant obligors of separate timeshare estates are joined, in accordance with
Section 721.83 (1), F.S.
2. As to the following Counts of the Complaint, there is no genuine issue of material fact or
law in this cause and Plaintiff is entitled to entry of a Final Judgment of Foreclosure with respect to such
Counts in its favor as a matter of law:
Count 1
Count 2
Count 3
Count 4
Count 5
Count 6
Count 7
Count 9
Count 10
Count 11
Count 12
Count 13
Count 14
Count 15
KIMBERLY JOHNSON
STEPHEN P. KINNEY and GENEVIEVE R. KINNEY
JEANNETTE LORRAINE KNIGHT
LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI III
IVAN LEON and MISLEIDY IBARRA
MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES
CHARLES EDWARD MARTIN JR. and JANMARIE NOLEN MARTIN
THOMAS JOHN MC CAFFREY and BETH J. MC CAFFREY
PETER D. MELENDEZ and CASSANDRA L. MELENDEZ
DANIELLE L. MYERS
JOSE GUILLERMO NATIVI and MARITZA I. TORRES
CECILIO NUNEZ and VICTORIA NUNEZ
JOSE NUNEZ and SOFIA E. NUNEZ
MAYRA OCON
3. Service of process has been properly perfected upon the Defendants named in paragraph
2 above.
4, Defaults have been duly and regularly entered against the Defendants named in paragraph
2 above.
Cygne ee5. Plaintiff has an interest superior to any interest of the Defendants named in paragraph 2
above in and to the real property described in the mortgages executed by such Defendants, which
mortgages are referenced in paragraph 7 of the Complaint.
6. Plaintiff attaches hereto and incorporates herein the following Affidavits in support of
this Motion:
e Affidavits of Indebtedness (separate Affidavit as to each Count referenced in paragraph 2
above)
e Affidavit of Costs (one Affidavit covering all Counts referenced in paragraph 2 above)
e Affidavit of Non-Military Service (one Affidavit covering all Counts referenced in paragraph
2 above)
e Affidavit as to Record Title (one Affidavit covering all Counts referenced in paragraph 2
above) .
WHEREFORE, Plaintiff respectfully requests the entry of a Final Judgment of Foreclosure in
this cause as to the Counts of the Complaint enumerated in paragraph 2 above with respect to the
Defendants named in paragraph 2 above.
PAUL M. CALDWELL
Florida Bar No.: 971502
Caldwell & Payne, P.A.
Post Office Box 120069
Clermont, FL 34712-0069
Telephone (352) 242-2670
Facsimile (352) 242-0342
pcaldwell@caldwellpayne.com
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Final Judgment of
Foreclosure, together with true and correct copies of the Affidavits referred to therein, have been
furnished to the Defendants named in paragraph 2 of such Motion dated this 7S~““day of January, 2013,
to the respective addresses of such Defendants as more particularly set forth in the Affidavit of Service by
Certified Mail Pursuant to Sec. 48.194 (2), F.S., such Affidavit havin; n filed with the Court.
PAUL M. CALDWELL
Florida Bar No.: 971502
Caldwell & Payne, P.A.
Post Office Box 120069
Clermont, FL 34712-0069
Telephone (352) 242-2670
Facsimile (352) 242-0342
pealdwell@caldwellpayne.com
Attorney for PlaintiffIN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP,
a Florida general partnership,
Plaintiff,
vs.
KIMBERLY JOHNSON et al
Defendant(s).
/
AFFIDAVIT OF INDEBTEDNESS
Count 1-KIMBERLY JOHNSON
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on August 6, 2005 the Defendant(s) KIMBERLY JOHNSON (named in Count 1 of the
Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the
“Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been
attached to the Complaint as Exhibits Count 1-A and Count 1-B, respectively.
4, That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5. That the property described in the Mortgage is now owned by the Defendant(s) KIMBERLY
JOHNSON (named in Count 1 of the Complaint) who hold possession.
6. That the Defendant(s) KIMBERLY JOHNSON (named in Count 1 of the Complaint) have
defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the
payment due on July 27, 2012 and all subsequent payments.
7. That the Defendant(s) KIMBERLY JOHNSON (named in Count 1 of the Complaint) owe
Plaintiff the following amounts:
A. Principal Balance Outstanding: 1,412.90
B. Interest on Principal Balance Outstanding from July 27, 2012
to January 23, 2013 at 15.9% per annum at $ .62 interest per day (180 days): 111.60C. Costs of this action, including title search expense: 66.12
D. Attomey’s Fees: Waived
TOTAL SUM DUE PLAINTIFF: 1,590.62
DATED this a day of January, 2013
eg iOpus
STEPHANIE O’BRESLY
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this as%, G> _ day of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
Notary Public, State of FloridaIN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP,
a Florida general partnership,
Plaintiff,
vs.
KIMBERLY JOHNSON et al
Defendant(s).
/
AFFIDAVIT OF INDEBTEDNESS
Count 2-STEPHEN P. KINNEY and GENEVIEVE R. KINNEY
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on September 10, 2003 the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R.
KINNEY (named in Count 2 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”)
and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and
Mortgage having been attached to the Complaint as Exhibits Count 2-A and Count 2-B, respectively.
4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5. That the property described in the Mortgage is now owned by the Defendant(s) STEPHEN P.
KINNEY and GENEVIEVE R. KINNEY (named in Count 2 of the Complaint) who hold possession.
6. That the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R. KINNEY (named in Count
2 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable),
by failing to make the payment due on August 6, 2008 and all subsequent payments.
7. That the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R. KINNEY (named in Count
2 of the Complaint) owe Plaintiff the following amounts:
A. Principal Balance Outstanding: 4,202.42
B. Interest on Principal Balance Outstanding from August 6, 2008
to January 23, 2013 at 15.9% per annum at $ 1,86 interest per day (1631 days): 3,033.66C. Costs of this action, including title search expense: 107.24
D. Attorney’s Fees: Waived
TOTAL SUM DUE PLAINTIFF: 7,343.32
DATED this IS ony of January, 2013
llephbese Obs
PHANIE O’BRESLY
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this 2tay of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
NOTARY PUBLIC-STATE OF FLORIDA
Barbara G. Plumley g
‘ommission #DD973703
spires: MAR. 22, 2014 Notary Public, State of Florida
BONDED THRU ATLANTIC BONDING CO, ISCIN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP,
a Florida general partnership,
Plaintiff,
vs.
KIMBERLY JOHNSON et al
Defendant(s).
/
AFFIDAVIT OF INDEBTEDNESS
Count 3-JEANNETTE LORRAINE KNIGHT Fhe
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
1, That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on August 2, 2009 the Defendant(s) JEANNETTE LORRAINE KNIGHT (named in
Count 3 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed
(the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been
attached to the Complaint as Exhibits Count 3-A and Count 3-B, respectively.
4, That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5. That the property described in the Mortgage is now owned by the Defendant(s) JEANNETTE
LORRAINE KNIGHT (named in Count 3 of the Complaint) who hold possession.
6. That the Defendant(s) JEANNETTE LORRAINE KNIGHT (named in Count 3 of the
Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by
failing to make the payment due on January 13, 2010 and all subsequent payments.
7. That the Defendant(s) JEANNETTE LORRAINE KNIGHT (named in Count 3 of the
Complaint) owe Plaintiff the following amounts:
A. Principal Balance Outstanding: 8,313.21
B. Interest on Principal Balance Outstanding from January 13, 2010
to January 23, 2013 at 16.9% per annum at $ 3.90 interest per day (1106 days): 4,313.40C. Costs of this action, including title search expense: 66.12
D. Attorney’s Fees: Waived
TOTAL SUM DUE PLAINTIFF: 12,692.73
DATED this ny of January, 2013
haur~ _(fou~
STEPHANIE O’BRESLY Ba
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this_ 2S~ day of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
NOTARY PUBLIC-STATE OF FLORIDA
Barbara G. Plumley a
Commission #DD973703 4
Expires: MAR. 22, 2014 Notary Public, State of Florida
BONDED THRU ATLANTIC BONDING CO, INC.IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP,
/ :
s
5, “_
a Florida general partnership, S
Plaintiff, =z
vs. 2
KIMBERLY JOHNSON et al =
Defendant(s). =
an
-
AFFIDAVIT OF INDEBTEDNESS
Count 4-LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI III
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on October 15, 2006 the Defendant(s) LESLIE MAGNER KOWALSKI and JEROME
HARRY KOWALSKI III (named in Count 4 of the Complaint) made, executed, and delivered a Promissory
Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of
the Note and Mortgage having been attached to the Complaint as Exhibits Count 4-A and Count 4-B,
respectively.
4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5, That the property described in the Mortgage is now owned by the Defendant(s) LESLIE
MAGNER KO’
WALSKI and JEROME HARRY KOWALSKI III (named in Count 4 of the Complaint) who
hold possession.
6. That the Defendant(s) LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI
Il (named in Count 4 of the Complaint) have defaulted under the Note and the Mortgage (as. renewed and
modified, if applicable), by failing to make the payment due on May 5, 2008 and all subsequent payments.
7. That the Defendant(s) LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI
III (named in Count 4 of the Complaint) owe Plaintiff the following amounts:
A. Principal Balance Outstanding: 7,769.90B. Interest on Principal Balance Outstanding from May 5, 2008
to January 23, 2013 at 16.9% per annum at $ 3.65 interest per day (1724 days): 6,292.60
C. Costs of this action, including title search expense: 107.24
Attorney’s Fees: Waived
TOTAL SUM DUE PLAINTIFF: 14,169.74
oa
DATED this 22 day of January, 2013
. Dhophaw. Obs \
STEPHANIE O’BRESLY oe
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this A day of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
bf
Notary Public, State of Florida
PUBLIC-STATE OF FLORIDA
Barbara G. Plumley
fommission #DD973703
Expires: MAR. 22, 2014
ATLANTIC BONDING CO., ENC.IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
_SUMMER BAY PARTNERSHIP, ~
a Florida general partnership, >
Plaintiff, zoom.
Vs.
aso
KIMBERLY JOHNSON et al
Defendant(s). Sens
eTendant(s).
/ DAGSe
HS HIHY 82 nv e102
AFFIDAVIT OF INDEBTEDNESS
Count 5-IVAN LEON and MISLEIDY IBARRA
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on October 20, 2007 the Defendant(s) IVAN LEON and MISLEIDY IBARRA (named in
Count 5 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed
(the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been
attached to the Complaint as Exhibits Count 5-A and Count 5-B, respectively.
4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5. That the property described in the Mortgage is now owned by the Defendant(s) IVAN LEON
and MISLEIDY IBARRA (named in Count 5 of the Complaint) who hold possession.
6. That the Defendant(s) IVAN LEON and MISLEIDY IBARRA (named in Count 5 of the
Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by
failing to make the payment due on October 22, 2009 and all subsequent payments.
7. That the Defendant(s) IVAN LEON and MISLEIDY IBARRA (named in Count 5 of the
Complaint) owe Plaintiff the following amounts:
A. Principal Balance Outstanding: 9,354.92
B. _ Interest on Principal Balance Outstanding from October 22, 2009
to January 23, 2013 at 16.9% per annum at $ 4.39 interest per day (1189 days): 5,219.71C. Costs of this action, including title search expense: 107.24
D. Attorney’s Fees: Waived
TOTAL SUM DUE PLAINTIFF: 14,681.87
wv
DATED this A _ day of January, 2013
irra we Ofus
PHANIE O’BRESLY
ee
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this_ 2% __ day of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
NOTARY PUBLIC-STATE OF FLORIDA
Barbara G. Plumley,
ission #D: 4 a
Expires: “MAR. 22,2014 Notary Public, State of Florida
SD THRU ATLANTIC BONDING CO,, INC.IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP, oo sg”
a Florida general partnership, 3S
Plaintiff, co
vs. =
KIMBERLY JOHNSON et al BS
Defendant(s). =
! =
an
AFFIDAVIT OF INDEBTEDNESS oe
Count 6-MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES. .
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
lL. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on January 19, 2007 the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL
MORALES (named in Count 6 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”)
and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and
Mortgage having been attached to the Complaint as Exhibits Count 6-A and Count 6-B, respectively.
4, That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5. That the property described in the Mortgage is now owned by the Defendant(s) MAYTEE
LOIS-MORALES and ELVIS DANIEL MORALES (named in Count 6 of the Complaint) who hold possession.
6. That the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES (named
in Count 6 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if
applicable), by failing to make the payment due on April 19, 2010 and all subsequent payments.
7. That the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES (named
in Count 6 of the Complaint) owe Plaintiff the following amounts:
A. Principal Balance Outstanding:
5,207.15
B.
Interest on Principal Balance Outstanding from April 19, 2010 2464.40
to January 23, 2013 at 16.9% per annum at $ 2.44 interest per day (1010 days): aoC. Costs of this action, including title search expense: 107.24
D. Attorney’s Fees: Waived
TOTAL SUM DUE PLAINTIFF: 7,718.79
DATED this ae ay of January, 2013
Ss Me O’BRESLY N
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this BS tay of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
NOTARY PUBLIC-STATE OF FLORIDA
Barbara G. Plumley,
ission # DD: =
fae AR. 22, 2014 Notary Public, State of Florida
THRU ATLANTIC BONDING CO., INC.IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION °
Case No.: 12CC3819 poze oS
»
a Florida general partnership, >. Ze s
Plaintiff, zt wn
AFFIDAVIT OF INDEBTEDNESS =
Count 12-JOSE GUILLERMO NATIVI and MARITZA I. TORRES
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on March 15, 2007 the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I.
TORRES (named in Count 12 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”)
and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and
Mortgage having been attached to the Complaint as Exhibits Count 12-A and Count 12-B, respectively.
4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5. That the property described in the Mortgage is now owned by the Defendant(s) JOSE
GUILLERMO NATIVI and MARITZA I. TORRES (named in Count 12 of the Complaint) who hold
possession.
6. That the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I. TORRES (named in
Count 12 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if
applicable), by failing to make the payment due on May 15, 2009 and all subsequent payments.
7. That the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I. TORRES (named in
Count 12 of the Complaint) owe Plaintiff the following amounts:
A. Principal Balance Outstanding: 8,610.68
B. Interest on Principal Balance Outstanding from May 15, 2009 5,449.96
to January 23, 2013 at 16.9% per annum at $ 4.04 interest per day (1349 days): _C. Costs of this action, including title search expense: 107.24
D. Attorney’s Fees:
TOTAL SUM DUE PLAINTIFF:
DATED this oS Gay of January, 2013
Waived
14,167.88
Ss eH AGE O’BRESLY
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this 2 aay of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
NOTARY PUBLIC-STATE OF FLORIDA
Barbara G. Plumley
Commission #DD973703
Expires: MAR. 22, 2014
RU ATLANTIC BONDING CO, INC.
Notary Public, State of FloridaIN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP, be
a Florida general partnership, -t, po
Plaintiff, Roe a
Plaintiff, Seas S
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vs. zmeX AS,
Deze . @
KIMBERLY JOHNSON et al nota
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AFFIDAVIT OF INDEBTEDNESS
Count 13-CECILIO NUNEZ and VICTORIA NUNEZ
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on August 25, 2007 the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ (named
in Count 13 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage
Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having
been attached to the Complaint as Exhibits Count 13-A and Count 13-B, respectively.
4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5. That the property described in the Mortgage is now owned by the Defendant(s) CECILIO
NUNEZ and VICTORIA NUNEZ (named in Count 13 of the Complaint) who hold possession.
6. That the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ (named in Count 13 of the
Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by
failing to make the payment due on September 22, 2009 and all subsequent payments.
7. That the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ (named in Count 13 of the
Complaint) owe Plaintiff the following amounts:
A. Principal Balance Outstanding: 8,800.63
B. Interest on Principal Balance Outstanding from September 22, 2009 5,034.47
to January 23, 2013 at 16.9% per annum at $ 4.13 interest per day (1219 days): _—C. Costs of this action, including title search expense: 107.24
D. Attorney’s Fees: Waived
TOTAL SUM DUE PLAINTIFF: 13,942.34
DATED this 2S tay of January, 2013
STEPHANIE O’BRESLY ach,
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this day of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
NOTARY PUBLIC-STATE OF FLORIDA Bz f 2 ou
““, Barbara G. Plumley
‘commission # DD973703 Notary Public, State of Florida
ires: MAR. 22, 2014
ATLANTIC BONDING CO, INC.IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA COUNTY CIVIL
DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP, 4 Be se
a Florida general partnership, BeBe . ee
Plaintiff, S202 3
vs. acy
Of
KIMBERLY JOHNSON et al melo
. Sean Fe
Defendant(s). / 2282 . =
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AFFIDAVIT OF INDEBTEDNESS ~
Count 15-MAYRA OCON
STATE OF FLORIDA
COUNTY OF FLORIDA
The undersigned, after being first duly sworn according to law, deposes and says:
1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf
of the Plaintiff.
3. That on August 13, 2007 the Defendant(s) MAYRA OCON (named in Count 15 of the
Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the
“Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been
attached to the Complaint as Exhibits Count 15-A and Count 15-B, respectively.
4, That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable).
5. That the property described in the Mortgage is now owned by the Defendant(s) MAYRA
OCON (named in Count 15 of the Complaint) who hold possession.
6. That the Defendant(s) MAYRA OCON (named in Count 15 of the Complaint) have defaulted
under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due
on November 14, 2008 and all subsequent payments.
7. That the Defendant(s) MAYRA OCON (named in Count 15 of the Complaint) owe Plaintiff the
following amounts:
A. Principal Balance Outstanding: 6,922.69
B. Interest on Principal Balance Outstanding from November 14, 2008 4,975.75
to January 23, 2013 at 16.9% per annum at $ 3.25 interest per day (1531 days): _—C. Costs of this action, including title search expense:
66.12
D. Attorney’s Fees: Waived
TOTAL SUM DUE PLAINTIFF: 11,964.56
is FO
DATED this day of January, 2013
MaQuaacs C4u™
SPEPHANIE O’BRESLY
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this Io nay of
January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me.
NOTARY Publ STA ie oF FLORIDA é A,
Barbara le - =
ion *0D973703 Notary Public, State of Florida
MAR. 22, 2014
1¢ BONDING CO,, INC.IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA
COUNTY CIVIL DIVISION
Case No.: 12CC3819 ”
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AFFIDAVIT OF COSTS
STATE OF FLORIDA
COUNTY OF LAKE
The undersigned, after being first duly sworn according to law, deposes and says:
1,
That he is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2.
That he is the attorney for the Plaintiff in this action is familiar with the costs expended
by (or on behalf of) the Plaintiff.
3.
The costs expended by or on behalf of the Plaintiff in prosecuting this action as to each of
the following Defendants:
a.
As to the Defendant(s) KIMBERLY JOHNSON, (named in Count 1 of the Complaint):
Filing Fee, Clerk of Court, $ 34.52
Service of Process, $ 6.60
Title Information, $ 25.00
As to the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R. KINNEY, (named
in Count 2 of the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00
As to the Defendant(s) JEANNETTE LORRAINE KNIGHT, (named in Count 3 of the
Complaint):
Filing Fee, Clerk of Court, $ 34.52
Service of Process, $ 6.60
Title Information, $ 25.00
As to the Defendant(s) LESLIE MAGNER KOWALSKI and JEROME HARRY
KOWALSKI IIL, (named in Count 4 of the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00As to the Defendant(s) IVAN LEON and MISLEIDY IBARRA, (named in Count 5 of
the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00
As to the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES,
(named in Count 6 of the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00
As to the Defendant(s) CHARLES EDWARD MARTIN JR. and JANMARIE NOLEN
MARTIN, (named in Count 7 of the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00
As to the Defendant(s) THOMAS JOHN MC CAFFREY and BETH J. MC CAFFREY,
(named in Count 9 of the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00
As to the Defendant(s) PETER D. MELENDEZ and CASSANDRA L. MELENDEZ,
(named in Count 10 of the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00
As to the Defendant(s) DANIELLE L. MYERS, (named in Count 11 of the Complaint):
Filing Fee, Clerk of Court, $ 34.52
Service of Process, $ 6.60
Title Information, $ 25.00
As to the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I. TORRES,
(named in Count 12 of the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00
As to the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ, (named in Count 13
of the Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00
As to the Defendant(s) JOSE NUNEZ and SOFIA E. NUNEZ, (named in Count 14 of the
Complaint):
Filing Fee, Clerk of Court, $ 69.04
Service of Process, $ 13.20
Title Information, $ 25.00n. As to the Defendant(s) MAYRA OCON, (named in Count 15 of the Complaint):
Filing Fee, Clerk of Court, $ 34.52
Service of Process, $ 6.60
Title Information, $ 25.00
DATED this QO day of January, 2013.
PAUL M. CALDWELL
Florida Bar No.: 971502
Caldwell & Payne, P.A.
Post Office Box 120069
Clermont, FL 34712-0069
Telephone (352) 242-2670
Facsimile (352) 242-0342
pealdwell@caldwellpayne.com
Attorney for Plaintiff
SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this 7S
day of January, 2013, by PAUL M. CALDWELL, who did take an oath. He is personally known to me.
NOTARY PUBLIC-STATE OF FLORIDA Bachar! 2 LAD
Barbara G. Plumley Notary Public, State of Florida
‘ommission #DD973703
‘xpires: MAR. 22, 2014
THRU ATLANTIC BONDING CO., INC.IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA
COUNTY CIVIL DIVISION
Case No.: 12CC3819 ge
SUMMER BAY PARTNERSHIP, z Za =
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Plaintiff, Brox =
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NON-MILITARY AFFIDAVIT
STATE OF FLORIDA
COUNTY OF LAKE
The undersigned, after being first duly sworn according to law, deposes and says:
1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this
Affidavit based on personal knowledge.
2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on
behalf of the Plaintiff.
3. That to the best of Affiant's knowledge and belief, each of the following Defendants was
over the age of eighteen (18) upon the filing of this action:
Count! KIMBERLY JOHNSON
Count2 | STEPHEN P. KINNEY and GENEVIEVE R. KINNEY
Count3) JEANNETTE LORRAINE KNIGHT
Count4 LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI III
CountS IVAN LEON and MISLEIDY IBARRA
Count6 © MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES
Count7 |©CHARLES EDWARD MARTIN JR. and JANMARIE NOLEN MARTIN
Count9 | THOMAS JOHN MC CAFFREY and BETH J. MC CAFFREY
Count 10 PETER D. MELENDEZ and CASSANDRA L. MELENDEZ
Count 11 DANIELLE L. MYERS
Count 12 JOSE GUILLERMO NATIVI and MARITZA I. TORRES
Count 13. CECILIO NUNEZ and VICTORIA NUNEZ
Count 14 JOSE NUNEZ and SOFIA E. NUNEZ
Count 15 MAYRA OCON
4, That none of the Defendants listed in paragraph 3 above are in the military service within
the meaning of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (Title 50 U.S.C. Sec. 501, et seq.).DATED this_QO_ day of January, 2013
WA Of
STEPHANIE O’BRESLY
WORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this
day of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally
known to me,
Notary Public, State of Florida
Barbara G. Plumley
Commission #DD973703
Expires: MAR. 22, 2014
THRU ATLANTIC BONDING CO,, INC.IN THE COUNTY COURT IN AND
FOR LAKE COUNTY, FLORIDA
COUNTY CIVIL DIVISION
Case No.: 12CC3819
SUMMER BAY PARTNERSHIP, ante
a Florida general partnership, , + 35 SS.
Plaintiff, Zeon
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KIMBERLY JOHNSON et al R922
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Preview
IN THE COUNTY COURTIN AND ~ FOR LAKE COUNTY, FLORIDA" COUNTY CIVIL DIVISION=;* 3B Case No.: 12CC3819 . S SUMMER BAY PARTNERSHIP, a Florida general partnership, Plaintiff, vs. KIMBERLY JOHNSON et al Defendant(s). / a MOTION FOR FINAL JUDGMENT OF FORECLOSURE Plaintiff, by and through its undersigned attorney, respectfully moves the Court for the entry of a Final Judgment of Foreclosure in this cause as to the Counts of the Complaint listed in paragraph 2 below, and as grounds therefore states as follows: 1. This is an action seeking to foreclose mortgages on real property located in Lake County, Florida, wherein multiple defendant obligors of separate timeshare estates are joined, in accordance with Section 721.83 (1), F.S. 2. As to the following Counts of the Complaint, there is no genuine issue of material fact or law in this cause and Plaintiff is entitled to entry of a Final Judgment of Foreclosure with respect to such Counts in its favor as a matter of law: Count 1 Count 2 Count 3 Count 4 Count 5 Count 6 Count 7 Count 9 Count 10 Count 11 Count 12 Count 13 Count 14 Count 15 KIMBERLY JOHNSON STEPHEN P. KINNEY and GENEVIEVE R. KINNEY JEANNETTE LORRAINE KNIGHT LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI III IVAN LEON and MISLEIDY IBARRA MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES CHARLES EDWARD MARTIN JR. and JANMARIE NOLEN MARTIN THOMAS JOHN MC CAFFREY and BETH J. MC CAFFREY PETER D. MELENDEZ and CASSANDRA L. MELENDEZ DANIELLE L. MYERS JOSE GUILLERMO NATIVI and MARITZA I. TORRES CECILIO NUNEZ and VICTORIA NUNEZ JOSE NUNEZ and SOFIA E. NUNEZ MAYRA OCON 3. Service of process has been properly perfected upon the Defendants named in paragraph 2 above. 4, Defaults have been duly and regularly entered against the Defendants named in paragraph 2 above. Cygne ee5. Plaintiff has an interest superior to any interest of the Defendants named in paragraph 2 above in and to the real property described in the mortgages executed by such Defendants, which mortgages are referenced in paragraph 7 of the Complaint. 6. Plaintiff attaches hereto and incorporates herein the following Affidavits in support of this Motion: e Affidavits of Indebtedness (separate Affidavit as to each Count referenced in paragraph 2 above) e Affidavit of Costs (one Affidavit covering all Counts referenced in paragraph 2 above) e Affidavit of Non-Military Service (one Affidavit covering all Counts referenced in paragraph 2 above) e Affidavit as to Record Title (one Affidavit covering all Counts referenced in paragraph 2 above) . WHEREFORE, Plaintiff respectfully requests the entry of a Final Judgment of Foreclosure in this cause as to the Counts of the Complaint enumerated in paragraph 2 above with respect to the Defendants named in paragraph 2 above. PAUL M. CALDWELL Florida Bar No.: 971502 Caldwell & Payne, P.A. Post Office Box 120069 Clermont, FL 34712-0069 Telephone (352) 242-2670 Facsimile (352) 242-0342 pcaldwell@caldwellpayne.com Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion for Final Judgment of Foreclosure, together with true and correct copies of the Affidavits referred to therein, have been furnished to the Defendants named in paragraph 2 of such Motion dated this 7S~““day of January, 2013, to the respective addresses of such Defendants as more particularly set forth in the Affidavit of Service by Certified Mail Pursuant to Sec. 48.194 (2), F.S., such Affidavit havin; n filed with the Court. PAUL M. CALDWELL Florida Bar No.: 971502 Caldwell & Payne, P.A. Post Office Box 120069 Clermont, FL 34712-0069 Telephone (352) 242-2670 Facsimile (352) 242-0342 pealdwell@caldwellpayne.com Attorney for PlaintiffIN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, a Florida general partnership, Plaintiff, vs. KIMBERLY JOHNSON et al Defendant(s). / AFFIDAVIT OF INDEBTEDNESS Count 1-KIMBERLY JOHNSON STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: 1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on August 6, 2005 the Defendant(s) KIMBERLY JOHNSON (named in Count 1 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 1-A and Count 1-B, respectively. 4, That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5. That the property described in the Mortgage is now owned by the Defendant(s) KIMBERLY JOHNSON (named in Count 1 of the Complaint) who hold possession. 6. That the Defendant(s) KIMBERLY JOHNSON (named in Count 1 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due on July 27, 2012 and all subsequent payments. 7. That the Defendant(s) KIMBERLY JOHNSON (named in Count 1 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 1,412.90 B. Interest on Principal Balance Outstanding from July 27, 2012 to January 23, 2013 at 15.9% per annum at $ .62 interest per day (180 days): 111.60C. Costs of this action, including title search expense: 66.12 D. Attomey’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 1,590.62 DATED this a day of January, 2013 eg iOpus STEPHANIE O’BRESLY SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this as%, G> _ day of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. Notary Public, State of FloridaIN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, a Florida general partnership, Plaintiff, vs. KIMBERLY JOHNSON et al Defendant(s). / AFFIDAVIT OF INDEBTEDNESS Count 2-STEPHEN P. KINNEY and GENEVIEVE R. KINNEY STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: 1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on September 10, 2003 the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R. KINNEY (named in Count 2 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 2-A and Count 2-B, respectively. 4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5. That the property described in the Mortgage is now owned by the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R. KINNEY (named in Count 2 of the Complaint) who hold possession. 6. That the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R. KINNEY (named in Count 2 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due on August 6, 2008 and all subsequent payments. 7. That the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R. KINNEY (named in Count 2 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 4,202.42 B. Interest on Principal Balance Outstanding from August 6, 2008 to January 23, 2013 at 15.9% per annum at $ 1,86 interest per day (1631 days): 3,033.66C. Costs of this action, including title search expense: 107.24 D. Attorney’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 7,343.32 DATED this IS ony of January, 2013 llephbese Obs PHANIE O’BRESLY SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this 2tay of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA Barbara G. Plumley g ‘ommission #DD973703 spires: MAR. 22, 2014 Notary Public, State of Florida BONDED THRU ATLANTIC BONDING CO, ISCIN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, a Florida general partnership, Plaintiff, vs. KIMBERLY JOHNSON et al Defendant(s). / AFFIDAVIT OF INDEBTEDNESS Count 3-JEANNETTE LORRAINE KNIGHT Fhe STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: 1, That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on August 2, 2009 the Defendant(s) JEANNETTE LORRAINE KNIGHT (named in Count 3 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 3-A and Count 3-B, respectively. 4, That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5. That the property described in the Mortgage is now owned by the Defendant(s) JEANNETTE LORRAINE KNIGHT (named in Count 3 of the Complaint) who hold possession. 6. That the Defendant(s) JEANNETTE LORRAINE KNIGHT (named in Count 3 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due on January 13, 2010 and all subsequent payments. 7. That the Defendant(s) JEANNETTE LORRAINE KNIGHT (named in Count 3 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 8,313.21 B. Interest on Principal Balance Outstanding from January 13, 2010 to January 23, 2013 at 16.9% per annum at $ 3.90 interest per day (1106 days): 4,313.40C. Costs of this action, including title search expense: 66.12 D. Attorney’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 12,692.73 DATED this ny of January, 2013 haur~ _(fou~ STEPHANIE O’BRESLY Ba SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this_ 2S~ day of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA Barbara G. Plumley a Commission #DD973703 4 Expires: MAR. 22, 2014 Notary Public, State of Florida BONDED THRU ATLANTIC BONDING CO, INC.IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, / : s 5, “_ a Florida general partnership, S Plaintiff, =z vs. 2 KIMBERLY JOHNSON et al = Defendant(s). = an - AFFIDAVIT OF INDEBTEDNESS Count 4-LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI III STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: 1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on October 15, 2006 the Defendant(s) LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI III (named in Count 4 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 4-A and Count 4-B, respectively. 4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5, That the property described in the Mortgage is now owned by the Defendant(s) LESLIE MAGNER KO’ WALSKI and JEROME HARRY KOWALSKI III (named in Count 4 of the Complaint) who hold possession. 6. That the Defendant(s) LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI Il (named in Count 4 of the Complaint) have defaulted under the Note and the Mortgage (as. renewed and modified, if applicable), by failing to make the payment due on May 5, 2008 and all subsequent payments. 7. That the Defendant(s) LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI III (named in Count 4 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 7,769.90B. Interest on Principal Balance Outstanding from May 5, 2008 to January 23, 2013 at 16.9% per annum at $ 3.65 interest per day (1724 days): 6,292.60 C. Costs of this action, including title search expense: 107.24 Attorney’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 14,169.74 oa DATED this 22 day of January, 2013 . Dhophaw. Obs \ STEPHANIE O’BRESLY oe SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this A day of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. bf Notary Public, State of Florida PUBLIC-STATE OF FLORIDA Barbara G. Plumley fommission #DD973703 Expires: MAR. 22, 2014 ATLANTIC BONDING CO., ENC.IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 _SUMMER BAY PARTNERSHIP, ~ a Florida general partnership, > Plaintiff, zoom. Vs. aso KIMBERLY JOHNSON et al Defendant(s). Sens eTendant(s). / DAGSe HS HIHY 82 nv e102 AFFIDAVIT OF INDEBTEDNESS Count 5-IVAN LEON and MISLEIDY IBARRA STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: 1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on October 20, 2007 the Defendant(s) IVAN LEON and MISLEIDY IBARRA (named in Count 5 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 5-A and Count 5-B, respectively. 4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5. That the property described in the Mortgage is now owned by the Defendant(s) IVAN LEON and MISLEIDY IBARRA (named in Count 5 of the Complaint) who hold possession. 6. That the Defendant(s) IVAN LEON and MISLEIDY IBARRA (named in Count 5 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due on October 22, 2009 and all subsequent payments. 7. That the Defendant(s) IVAN LEON and MISLEIDY IBARRA (named in Count 5 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 9,354.92 B. _ Interest on Principal Balance Outstanding from October 22, 2009 to January 23, 2013 at 16.9% per annum at $ 4.39 interest per day (1189 days): 5,219.71C. Costs of this action, including title search expense: 107.24 D. Attorney’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 14,681.87 wv DATED this A _ day of January, 2013 irra we Ofus PHANIE O’BRESLY ee SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this_ 2% __ day of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA Barbara G. Plumley, ission #D: 4 a Expires: “MAR. 22,2014 Notary Public, State of Florida SD THRU ATLANTIC BONDING CO,, INC.IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, oo sg” a Florida general partnership, 3S Plaintiff, co vs. = KIMBERLY JOHNSON et al BS Defendant(s). = ! = an AFFIDAVIT OF INDEBTEDNESS oe Count 6-MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES. . STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: lL. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on January 19, 2007 the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES (named in Count 6 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 6-A and Count 6-B, respectively. 4, That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5. That the property described in the Mortgage is now owned by the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES (named in Count 6 of the Complaint) who hold possession. 6. That the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES (named in Count 6 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due on April 19, 2010 and all subsequent payments. 7. That the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES (named in Count 6 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 5,207.15 B. Interest on Principal Balance Outstanding from April 19, 2010 2464.40 to January 23, 2013 at 16.9% per annum at $ 2.44 interest per day (1010 days): aoC. Costs of this action, including title search expense: 107.24 D. Attorney’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 7,718.79 DATED this ae ay of January, 2013 Ss Me O’BRESLY N SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this BS tay of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA Barbara G. Plumley, ission # DD: = fae AR. 22, 2014 Notary Public, State of Florida THRU ATLANTIC BONDING CO., INC.IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION ° Case No.: 12CC3819 poze oS » a Florida general partnership, >. Ze s Plaintiff, zt wn AFFIDAVIT OF INDEBTEDNESS = Count 12-JOSE GUILLERMO NATIVI and MARITZA I. TORRES STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: 1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on March 15, 2007 the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I. TORRES (named in Count 12 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 12-A and Count 12-B, respectively. 4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5. That the property described in the Mortgage is now owned by the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I. TORRES (named in Count 12 of the Complaint) who hold possession. 6. That the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I. TORRES (named in Count 12 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due on May 15, 2009 and all subsequent payments. 7. That the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I. TORRES (named in Count 12 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 8,610.68 B. Interest on Principal Balance Outstanding from May 15, 2009 5,449.96 to January 23, 2013 at 16.9% per annum at $ 4.04 interest per day (1349 days): _C. Costs of this action, including title search expense: 107.24 D. Attorney’s Fees: TOTAL SUM DUE PLAINTIFF: DATED this oS Gay of January, 2013 Waived 14,167.88 Ss eH AGE O’BRESLY SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this 2 aay of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA Barbara G. Plumley Commission #DD973703 Expires: MAR. 22, 2014 RU ATLANTIC BONDING CO, INC. Notary Public, State of FloridaIN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, be a Florida general partnership, -t, po Plaintiff, Roe a Plaintiff, Seas S RROX. = vs. zmeX AS, Deze . @ KIMBERLY JOHNSON et al nota eS<2 = Defendant(s). Sa ag =. / o<~eS v 4 4 nS: AFFIDAVIT OF INDEBTEDNESS Count 13-CECILIO NUNEZ and VICTORIA NUNEZ STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: 1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on August 25, 2007 the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ (named in Count 13 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 13-A and Count 13-B, respectively. 4. That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5. That the property described in the Mortgage is now owned by the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ (named in Count 13 of the Complaint) who hold possession. 6. That the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ (named in Count 13 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due on September 22, 2009 and all subsequent payments. 7. That the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ (named in Count 13 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 8,800.63 B. Interest on Principal Balance Outstanding from September 22, 2009 5,034.47 to January 23, 2013 at 16.9% per annum at $ 4.13 interest per day (1219 days): _—C. Costs of this action, including title search expense: 107.24 D. Attorney’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 13,942.34 DATED this 2S tay of January, 2013 STEPHANIE O’BRESLY ach, SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this day of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA Bz f 2 ou ““, Barbara G. Plumley ‘commission # DD973703 Notary Public, State of Florida ires: MAR. 22, 2014 ATLANTIC BONDING CO, INC.IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, 4 Be se a Florida general partnership, BeBe . ee Plaintiff, S202 3 vs. acy Of KIMBERLY JOHNSON et al melo . Sean Fe Defendant(s). / 2282 . = >a" 3? AFFIDAVIT OF INDEBTEDNESS ~ Count 15-MAYRA OCON STATE OF FLORIDA COUNTY OF FLORIDA The undersigned, after being first duly sworn according to law, deposes and says: 1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That on August 13, 2007 the Defendant(s) MAYRA OCON (named in Count 15 of the Complaint) made, executed, and delivered a Promissory Note (the “Note”) and Mortgage Deed (the “Mortgage”) securing payment of the Note to Plaintiff, true copies of the Note and Mortgage having been attached to the Complaint as Exhibits Count 15-A and Count 15-B, respectively. 4, That Plaintiff owns and holds the Note and Mortgage (as renewed and modified, if applicable). 5. That the property described in the Mortgage is now owned by the Defendant(s) MAYRA OCON (named in Count 15 of the Complaint) who hold possession. 6. That the Defendant(s) MAYRA OCON (named in Count 15 of the Complaint) have defaulted under the Note and the Mortgage (as renewed and modified, if applicable), by failing to make the payment due on November 14, 2008 and all subsequent payments. 7. That the Defendant(s) MAYRA OCON (named in Count 15 of the Complaint) owe Plaintiff the following amounts: A. Principal Balance Outstanding: 6,922.69 B. Interest on Principal Balance Outstanding from November 14, 2008 4,975.75 to January 23, 2013 at 16.9% per annum at $ 3.25 interest per day (1531 days): _—C. Costs of this action, including title search expense: 66.12 D. Attorney’s Fees: Waived TOTAL SUM DUE PLAINTIFF: 11,964.56 is FO DATED this day of January, 2013 MaQuaacs C4u™ SPEPHANIE O’BRESLY SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this Io nay of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me. NOTARY Publ STA ie oF FLORIDA é A, Barbara le - = ion *0D973703 Notary Public, State of Florida MAR. 22, 2014 1¢ BONDING CO,, INC.IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 ” SUMMER BAY PARTNERSHIP, 4. . . 4 56 = a Florida general partnership, base co Plaintiff, S203 > vs. Brox = . AMSS py nezQ KIMBERLY JOHNSON et al on -S<2 a» Defendant(s). S298 = / o*eS WT pe Bt wm a = AFFIDAVIT OF COSTS STATE OF FLORIDA COUNTY OF LAKE The undersigned, after being first duly sworn according to law, deposes and says: 1, That he is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That he is the attorney for the Plaintiff in this action is familiar with the costs expended by (or on behalf of) the Plaintiff. 3. The costs expended by or on behalf of the Plaintiff in prosecuting this action as to each of the following Defendants: a. As to the Defendant(s) KIMBERLY JOHNSON, (named in Count 1 of the Complaint): Filing Fee, Clerk of Court, $ 34.52 Service of Process, $ 6.60 Title Information, $ 25.00 As to the Defendant(s) STEPHEN P. KINNEY and GENEVIEVE R. KINNEY, (named in Count 2 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00 As to the Defendant(s) JEANNETTE LORRAINE KNIGHT, (named in Count 3 of the Complaint): Filing Fee, Clerk of Court, $ 34.52 Service of Process, $ 6.60 Title Information, $ 25.00 As to the Defendant(s) LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI IIL, (named in Count 4 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00As to the Defendant(s) IVAN LEON and MISLEIDY IBARRA, (named in Count 5 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00 As to the Defendant(s) MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES, (named in Count 6 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00 As to the Defendant(s) CHARLES EDWARD MARTIN JR. and JANMARIE NOLEN MARTIN, (named in Count 7 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00 As to the Defendant(s) THOMAS JOHN MC CAFFREY and BETH J. MC CAFFREY, (named in Count 9 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00 As to the Defendant(s) PETER D. MELENDEZ and CASSANDRA L. MELENDEZ, (named in Count 10 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00 As to the Defendant(s) DANIELLE L. MYERS, (named in Count 11 of the Complaint): Filing Fee, Clerk of Court, $ 34.52 Service of Process, $ 6.60 Title Information, $ 25.00 As to the Defendant(s) JOSE GUILLERMO NATIVI and MARITZA I. TORRES, (named in Count 12 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00 As to the Defendant(s) CECILIO NUNEZ and VICTORIA NUNEZ, (named in Count 13 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00 As to the Defendant(s) JOSE NUNEZ and SOFIA E. NUNEZ, (named in Count 14 of the Complaint): Filing Fee, Clerk of Court, $ 69.04 Service of Process, $ 13.20 Title Information, $ 25.00n. As to the Defendant(s) MAYRA OCON, (named in Count 15 of the Complaint): Filing Fee, Clerk of Court, $ 34.52 Service of Process, $ 6.60 Title Information, $ 25.00 DATED this QO day of January, 2013. PAUL M. CALDWELL Florida Bar No.: 971502 Caldwell & Payne, P.A. Post Office Box 120069 Clermont, FL 34712-0069 Telephone (352) 242-2670 Facsimile (352) 242-0342 pealdwell@caldwellpayne.com Attorney for Plaintiff SWORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this 7S day of January, 2013, by PAUL M. CALDWELL, who did take an oath. He is personally known to me. NOTARY PUBLIC-STATE OF FLORIDA Bachar! 2 LAD Barbara G. Plumley Notary Public, State of Florida ‘ommission #DD973703 ‘xpires: MAR. 22, 2014 THRU ATLANTIC BONDING CO., INC.IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 ge SUMMER BAY PARTNERSHIP, z Za = a Florida general partnership, <50n q Plaintiff, Brox = vs. Raz 3 KIMBERLY JOHNSON et al ~g<2 = 9F02 Defendant(s). 2292 = / Boa > Bn NON-MILITARY AFFIDAVIT STATE OF FLORIDA COUNTY OF LAKE The undersigned, after being first duly sworn according to law, deposes and says: 1. That Affiant is over the age of eighteen (18) years, is otherwise sui juris, and makes this Affidavit based on personal knowledge. 2. That Affiant is an employee of the Plaintiff, and is authorized to make this Affidavit on behalf of the Plaintiff. 3. That to the best of Affiant's knowledge and belief, each of the following Defendants was over the age of eighteen (18) upon the filing of this action: Count! KIMBERLY JOHNSON Count2 | STEPHEN P. KINNEY and GENEVIEVE R. KINNEY Count3) JEANNETTE LORRAINE KNIGHT Count4 LESLIE MAGNER KOWALSKI and JEROME HARRY KOWALSKI III CountS IVAN LEON and MISLEIDY IBARRA Count6 © MAYTEE LOIS-MORALES and ELVIS DANIEL MORALES Count7 |©CHARLES EDWARD MARTIN JR. and JANMARIE NOLEN MARTIN Count9 | THOMAS JOHN MC CAFFREY and BETH J. MC CAFFREY Count 10 PETER D. MELENDEZ and CASSANDRA L. MELENDEZ Count 11 DANIELLE L. MYERS Count 12 JOSE GUILLERMO NATIVI and MARITZA I. TORRES Count 13. CECILIO NUNEZ and VICTORIA NUNEZ Count 14 JOSE NUNEZ and SOFIA E. NUNEZ Count 15 MAYRA OCON 4, That none of the Defendants listed in paragraph 3 above are in the military service within the meaning of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (Title 50 U.S.C. Sec. 501, et seq.).DATED this_QO_ day of January, 2013 WA Of STEPHANIE O’BRESLY WORN TO (OR AFFIRMED), SUBSCRIBED, AND ACKNOWLEDGED before me this day of January, 2013, by STEPHANIE O’BRESLY, who did take an oath and who is personally known to me, Notary Public, State of Florida Barbara G. Plumley Commission #DD973703 Expires: MAR. 22, 2014 THRU ATLANTIC BONDING CO,, INC.IN THE COUNTY COURT IN AND FOR LAKE COUNTY, FLORIDA COUNTY CIVIL DIVISION Case No.: 12CC3819 SUMMER BAY PARTNERSHIP, ante a Florida general partnership, , + 35 SS. Plaintiff, Zeon = vs. Bao = KIMBERLY JOHNSON et al R922 Defendant(s). ‘ 5S78 = / x50 = o