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Filing # 102779288 E-Filed 02/05/2020 11:15:42 AM
IN THE COUNTY COURT 0F THE 6TH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CASE N0: 19-010880-C0
EAST LAKE WOODLANDS COMMUNITY
ASSOCIATION, INC., a not-for-profit Florida
corporation,
Plaintiff,
VS.
KEVIN CHARLES KEARNEY; CARJ KEARNEY;
AND UNKNOWN TENANT(S),
Defendants. /
AFFIDAVIT IN PROOF OF CLAIM
STATE 0F FLORIDA )
COUNTY OF PINELLAS )
Before me the undersigned authority, personally appeafed Debi Hudrlik, who being first duly sworn,
deposcs and says:
l. That Affiant isthe Community Association Manager for East Lake Woodlands Community
Association, Inc., a not—for~profit corporation, and has personal knowledge of the facts set forth in this
Affidavit. In particular, Affiant has custody and control of and has personal knowledge with respect to the
records ofthe Plaintiffpertaining to the matters and things set forth in the Complaint filed herein, which were
records made at or near the time 0f the transactions, and which records are kept in the course ofthe Plaintiff‘s
regularly conducted business activities.
2. Plaintiff is a not-for—profit Florida corporation and is the homeowners association for
Lakeshore Vista, according to the Declaration 0f Covenants, Restrictions and Easements ("Declaration")
'
recorded in Official Records Book 6736, Page 959, et‘seq” and as it may be amended, all of the Public
***ELECTRONICALLY FILED 02/05/2020 11:15:42 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Records ofPinellas County, Florida. A copy of the relevant portions are attached to the Complaint as Exhibit
"Ar", and made a part hereof by reference.
3. The Defendants, KEVIN CHARLES KEARNEY and CAR] KEARN EY, are the record owners
of certain real property located in Pinellas County, Florida, which property is described as follows:
Lot 44, EAST LAKE WOODLANDS WOODS LANDING TOWNHOMES UNIT ONE,
according to the Plat thereof as recorded in Plat Book 88, Page 20, of the Public Records of
Pinellas County, Florida, and any subsequent amendments to the aforesaid.
Property Address: 205 Woods Landing Trail, Oldsmar, FL 34677
4. Pursuant to the Declaration of Covenants, Restrictions and Easements, the Articles of
Incorporation, By—Laws, and action of the Board of Directors, there became due and owing assessment fees
against the unit set forth above.
5. The Plaintiffhas made demand upon the Defendants forthe payment ofsaid assessments, and
the Defendants have failed and refused to pay any part of the following assessments:
DUE DATE AMOUNT
12/1/18 Special Assessment: Drainage Project $ 400.00
Association Collection Costs $ 60.00
Late Fee $ 25.00
Interest through 1/31/20 $ 78.25
***SUB-TOTAL $ 563.25
***In addition, Defendants are liable for future assessments that may come due, plus costs,
attorney’s fees, and interest at 17% per annum.
6. The Plaintiff filed a Claim of Lien for the assessment fees due in the office of the Clerk ofthe
Court 0f Pinellas County, Florida 0n June 3,20 l9, the same being recorded in 0.R. Book 20562, Page 2169.
A copy 0f which isattached to the Complaint as Exhibit ”B", and made a part hereof by reference.
7. The Piaintiff sent the Defendants written notice t0 the lastknown address ofthe Defendants by
certified and regular mail ofthe Plaintiff‘s intention to foreclose on its liento coliect the assessment fees. A
copy 0f the written notice is attached to Complaint as Exhibit “C“ and made a part hereof by reference.
8. Plaintiffhas complied with allstatutory conditions precedent and the Declaration ofCovenants,
Conditions and Easements.
9. By reason ofthe failure of the Defendants to pay such sums when due, the Plaintiff has been
required to retain the services of MANKIN LAW GROUP to enforce the Plaintiff‘s Lien and to cfillect the
same, and the Plaintiff has agreed to pay said attorney a reasonable fee for his services in this litigation. The
Defendants are obligated t0 pay the Plaintiffs attorney's fees in this action pursuant to the Declaration of
Covenants and Restrictions.
FURTHER AFFIANT SAYETH NOT.
By W @UCMJXMC
Debi Hudrlik, Affiant
Subscribed and sworn to before me this {A day of E'; gr; gag ,2020, by Debi Hudrlik, who is
personally known to me or produced the following identification: Luau; (A
}
I
No_tary Public
“a
DEBORAH s. PEARN’
MY COMMISSION #6334039
Q o. EXPIRES; Jugy 28, 2023
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Filing # 102779288 E-Filed 02/05/2020 11:15:42 AM IN THE COUNTY COURT 0F THE 6TH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CASE N0: 19-010880-C0 EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC., a not-for-profit Florida corporation, Plaintiff, VS. KEVIN CHARLES KEARNEY; CARJ KEARNEY; AND UNKNOWN TENANT(S), Defendants. / AFFIDAVIT IN PROOF OF CLAIM STATE 0F FLORIDA ) COUNTY OF PINELLAS ) Before me the undersigned authority, personally appeafed Debi Hudrlik, who being first duly sworn, deposcs and says: l. That Affiant isthe Community Association Manager for East Lake Woodlands Community Association, Inc., a not—for~profit corporation, and has personal knowledge of the facts set forth in this Affidavit. In particular, Affiant has custody and control of and has personal knowledge with respect to the records ofthe Plaintiffpertaining to the matters and things set forth in the Complaint filed herein, which were records made at or near the time 0f the transactions, and which records are kept in the course ofthe Plaintiff‘s regularly conducted business activities. 2. Plaintiff is a not-for—profit Florida corporation and is the homeowners association for Lakeshore Vista, according to the Declaration 0f Covenants, Restrictions and Easements ("Declaration") ' recorded in Official Records Book 6736, Page 959, et‘seq” and as it may be amended, all of the Public ***ELECTRONICALLY FILED 02/05/2020 11:15:42 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** Records ofPinellas County, Florida. A copy of the relevant portions are attached to the Complaint as Exhibit "Ar", and made a part hereof by reference. 3. The Defendants, KEVIN CHARLES KEARNEY and CAR] KEARN EY, are the record owners of certain real property located in Pinellas County, Florida, which property is described as follows: Lot 44, EAST LAKE WOODLANDS WOODS LANDING TOWNHOMES UNIT ONE, according to the Plat thereof as recorded in Plat Book 88, Page 20, of the Public Records of Pinellas County, Florida, and any subsequent amendments to the aforesaid. Property Address: 205 Woods Landing Trail, Oldsmar, FL 34677 4. Pursuant to the Declaration of Covenants, Restrictions and Easements, the Articles of Incorporation, By—Laws, and action of the Board of Directors, there became due and owing assessment fees against the unit set forth above. 5. The Plaintiffhas made demand upon the Defendants forthe payment ofsaid assessments, and the Defendants have failed and refused to pay any part of the following assessments: DUE DATE AMOUNT 12/1/18 Special Assessment: Drainage Project $ 400.00 Association Collection Costs $ 60.00 Late Fee $ 25.00 Interest through 1/31/20 $ 78.25 ***SUB-TOTAL $ 563.25 ***In addition, Defendants are liable for future assessments that may come due, plus costs, attorney’s fees, and interest at 17% per annum. 6. The Plaintiff filed a Claim of Lien for the assessment fees due in the office of the Clerk ofthe Court 0f Pinellas County, Florida 0n June 3,20 l9, the same being recorded in 0.R. Book 20562, Page 2169. A copy 0f which isattached to the Complaint as Exhibit ”B", and made a part hereof by reference. 7. The Piaintiff sent the Defendants written notice t0 the lastknown address ofthe Defendants by certified and regular mail ofthe Plaintiff‘s intention to foreclose on its liento coliect the assessment fees. A copy 0f the written notice is attached to Complaint as Exhibit “C“ and made a part hereof by reference. 8. Plaintiffhas complied with allstatutory conditions precedent and the Declaration ofCovenants, Conditions and Easements. 9. By reason ofthe failure of the Defendants to pay such sums when due, the Plaintiff has been required to retain the services of MANKIN LAW GROUP to enforce the Plaintiff‘s Lien and to cfillect the same, and the Plaintiff has agreed to pay said attorney a reasonable fee for his services in this litigation. The Defendants are obligated t0 pay the Plaintiffs attorney's fees in this action pursuant to the Declaration of Covenants and Restrictions. FURTHER AFFIANT SAYETH NOT. By W @UCMJXMC Debi Hudrlik, Affiant Subscribed and sworn to before me this {A day of E'; gr; gag ,2020, by Debi Hudrlik, who is personally known to me or produced the following identification: Luau; (A } I No_tary Public “a DEBORAH s. PEARN’ MY COMMISSION #6334039 Q o. EXPIRES; Jugy 28, 2023