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Case Number:19-010880-CO
Filing # 100959464 E-Filed 12/31/2019 09:01 :57 AM
IN THE COUNTY COURT 0F THE 6m JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
UCN:
CASE N0:
SECTION: __
EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC.,
a not-for-profit Florida corporation,
Plaintiff,
VS.
KEVIN CHARLES KEARNEY; CARI KEARNEY;
AND UNKNOWN TENANT(S),
Defendants.
/
COMPLAINT
COMES NOW the Plaintiff, EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC, by
and through itsundersigned attorney, hereby sues the Defendants, KEVIN CHARLES KEARNEY; CARI
KEARNEY; AND UNKNOWN TENANT(S), and alleges as follows:
PRELIMINARY ALLEGATIONS
1. Plaintiff is a not-for-profit Florida corporation and is the homeowner‘s association for East
Lake Woodlands, according to the Declaration of Covenants, Conditions and Restrictions ("Declaration")
recorded in Official Records Book 6736, Page 959, et seq., all of the Public Records of Pinellas County,
Florida. A copy of the relevant portions are attached hereto and made a part hereof by reference as Plaintiffs
Exhibit "A".
2. Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY, are the record owners of
certain real property located in Pinellas County, Florida, which property isdescribed 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
3. Pursuant to the Declaration of Covenants, Conditions and Restrictions for EAST LAKE
WOODLANDS COMMUNITY ASSOCIATION, INC., the Articles of Incorporation and By-Laws of the
Plaintiff, and action of the Board of Directors, there came to be due and owing assessment fees against the
***ELECTRONICALLY FILED 12/31/2019 09:01:55 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY.
4. The Plaintiff has made demand upon the Defendants, KEVIN CHARLES KEARNEY and
CARI KEARNEY, for the payment ofsaid assessment fees, and the Defendants have failed to pay any part of
the assessment fees. There is currently due and owing the Plaintiff for said assessment fees the following:
DUE DATE AMOUNT
2018 Special Assessment -Drainage $ 400.00
*°'""
plus interest at the rate of seventeen percent (17%) per annum, costs ofcollection, court costs, and
reasonable attorneys' fees. Additional assessment fees and special assessments may come due afier the
institution 0f this action for which Defendants are also liable.
"
5. All conditions precedent to collection of all unpaid assessments and enforcement of the lien
have been performed, excused or waived.
COUNT I
6..
Plaintiff realleges and adopts Paragraphs 1 through 5 as if set forth fully herein.
7. This isan action to foreclose a lien on real property located in Pinellas County, Florida.
8. The Plaintiff filed a Claim 0f Lien for the assessment fees due in the office of the Clerk ofthe
Court ofPinellas County, Florida on June 3 ,
20 1 9, the same being recorded in O.R. Book 20562, Page 2 1 69, a
copy of which is attached hereto and made a part hereof by reference as Plaintiffs Exhibit "B".
9. The Plaintiff sent the Defendants written notice pursuant t0 Florida Statute 720.3085 of the
Plaintiffs intention to foreclose on its lien to collect the assessment fees. A copy of the written notice is
attached as Exhibit “C“ and made a part hereof by reference.
10. Defendants, UNKNOWN TENANT(S), may claim some interest in the property described
herein by virtue of a possible possessory interest. Said interest issubject, subordinate and inferior to the
interest of the Plaintiff‘s Claim of Lien.
11. By reason of the failure 0f the Defendants, KEVIN CHARLES KEARNEY and CARI
KEARNEY, t0 pay such sums when due, the Plaintiff has been required to retain the services of the
undersigned attorney to enforce the Plaintiffs lien and to collect the same; and the Plaintiff has agreed to pay
said attorney a reasonable fee for his services in this litigation. The Defendants are obligated to pay
reasonable attorney's fees to Plaintiff.
WHEREFORE, Plaintiff demands:
A. That an accounting be had and taken under the direction of this Court for the sums due the
Plaintiff for said assessment fees, and for reasonable attorney‘s fees and costs, and that Defendants, KEVIN
CHARLES KEARNEY and CARI KEARNEY, be ordered and directed to pay said sums within a date to be
fixed by this Court;
B. If said sums are not paid as mentioned above, this Court shall order the above-described
property be sold and the proceeds therefrom to be applied to said sums due the Plaintiff as far as the same
shall suffice; and
C.
12.
For such other and further
Plaintiff realleges Paragraphs 1
m
relief as the Plaintiff may be entitled.
through 5, 8 and 9 as if setforth fully herein.
13. This is an action for damages for unpaid assessment fees pursuant to the Declaration of
Covenants Cohditions and Restrictions for EAST LAKE WOODLANDS COMMUNITY ASSOCIATION.
14. By the failure of Defendant, Defendants, KEVIN CHARLES KEARNEY and CARI
KEARNEY, to pay the assessment fees when due as alleged above, Plaintiff has suffered damages.
15. Plaintiffhas retained the undersigned attorney and has agreed to pay him a reasonable fee and
Defendants are obligated to pay reasonable attorney's fees to Plaintiffpursuant to the subj ect Declaration.
WHEREFORE, Plaintiff demands judgment against Defendants, KEVIN CHARLES KEARNEY and
CARI KEARNEY for damages, interest, costs, and attorneys' fees, and for such other and further reliefas the
Plaintiff may be entitled.
NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT
Pursuant to Title 15 United States Code Section 1692 Plaintiff is providing the following notice:
a) The amount of the debt is contained in this Complaint;
b) Certain costs and expenses incurred by the Creditor in connection with its effort to collect the Debt,
including but not limited to, reasonable attomeys’ fees, court costs and other costs, may be added to the Debt
as authorized by law 0r by any agreement between you and the Creditor, such as
the Declaration of Covenants and Restrictions;
c) The Creditor to whom the debt is owed is the Plaintiff named herein;
d) Unless this debt, or any portion thereof, is disputed within thirty days after receipt of this notice,
the debt will be assumed to be valid by the Plaintiff;
e) The law does not prohibit Mankin Law Group from taking action to collect this Debt during the
thirty (30) day validation period. If, however, you make a written request for verification of the Debt or
request the name offhe original creditor Mankin Law Group must mail verification ofthe debt before taking
further action to collect the Debt;
f)This is an attempt to collect a debt, and any information obtained will be used for that purpose.
This is
The matters setforth herein above M
a communication from a debt collector.
relieve you offhe obligation t0 comply with the requirements
however, you request proofofthe debt 0r the name and address offhe original
offhe summons herein. bf
creditor within the thirty-dayperiod, which begins with your receipt offhis notification, the law requires the
debt collector to suspend its efi’orts, through litigation or otherwise, to collect the debt until the debt collector
mails the requested information t0 you.
Dated this gday of December 2019.
MANKIN LAW
y
BRANDON K. MULLIS, ES
. 1 awGrou .com
Attorney for Plaintiff
2535 Landmark Drive, Suite 212
Clearwater, FL 33761
(727)725-0559
FBN: 23217
Preview
Case Number:19-010880-CO Filing # 100959464 E-Filed 12/31/2019 09:01 :57 AM IN THE COUNTY COURT 0F THE 6m JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA UCN: CASE N0: SECTION: __ EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC., a not-for-profit Florida corporation, Plaintiff, VS. KEVIN CHARLES KEARNEY; CARI KEARNEY; AND UNKNOWN TENANT(S), Defendants. / COMPLAINT COMES NOW the Plaintiff, EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC, by and through itsundersigned attorney, hereby sues the Defendants, KEVIN CHARLES KEARNEY; CARI KEARNEY; AND UNKNOWN TENANT(S), and alleges as follows: PRELIMINARY ALLEGATIONS 1. Plaintiff is a not-for-profit Florida corporation and is the homeowner‘s association for East Lake Woodlands, according to the Declaration of Covenants, Conditions and Restrictions ("Declaration") recorded in Official Records Book 6736, Page 959, et seq., all of the Public Records of Pinellas County, Florida. A copy of the relevant portions are attached hereto and made a part hereof by reference as Plaintiffs Exhibit "A". 2. Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY, are the record owners of certain real property located in Pinellas County, Florida, which property isdescribed 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 3. Pursuant to the Declaration of Covenants, Conditions and Restrictions for EAST LAKE WOODLANDS COMMUNITY ASSOCIATION, INC., the Articles of Incorporation and By-Laws of the Plaintiff, and action of the Board of Directors, there came to be due and owing assessment fees against the ***ELECTRONICALLY FILED 12/31/2019 09:01:55 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY. 4. The Plaintiff has made demand upon the Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY, for the payment ofsaid assessment fees, and the Defendants have failed to pay any part of the assessment fees. There is currently due and owing the Plaintiff for said assessment fees the following: DUE DATE AMOUNT 2018 Special Assessment -Drainage $ 400.00 *°'"" plus interest at the rate of seventeen percent (17%) per annum, costs ofcollection, court costs, and reasonable attorneys' fees. Additional assessment fees and special assessments may come due afier the institution 0f this action for which Defendants are also liable. " 5. All conditions precedent to collection of all unpaid assessments and enforcement of the lien have been performed, excused or waived. COUNT I 6.. Plaintiff realleges and adopts Paragraphs 1 through 5 as if set forth fully herein. 7. This isan action to foreclose a lien on real property located in Pinellas County, Florida. 8. The Plaintiff filed a Claim 0f Lien for the assessment fees due in the office of the Clerk ofthe Court ofPinellas County, Florida on June 3 , 20 1 9, the same being recorded in O.R. Book 20562, Page 2 1 69, a copy of which is attached hereto and made a part hereof by reference as Plaintiffs Exhibit "B". 9. The Plaintiff sent the Defendants written notice pursuant t0 Florida Statute 720.3085 of the Plaintiffs intention to foreclose on its lien to collect the assessment fees. A copy of the written notice is attached as Exhibit “C“ and made a part hereof by reference. 10. Defendants, UNKNOWN TENANT(S), may claim some interest in the property described herein by virtue of a possible possessory interest. Said interest issubject, subordinate and inferior to the interest of the Plaintiff‘s Claim of Lien. 11. By reason of the failure 0f the Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY, t0 pay such sums when due, the Plaintiff has been required to retain the services of the undersigned attorney to enforce the Plaintiffs lien and to collect the same; and the Plaintiff has agreed to pay said attorney a reasonable fee for his services in this litigation. The Defendants are obligated to pay reasonable attorney's fees to Plaintiff. WHEREFORE, Plaintiff demands: A. That an accounting be had and taken under the direction of this Court for the sums due the Plaintiff for said assessment fees, and for reasonable attorney‘s fees and costs, and that Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY, be ordered and directed to pay said sums within a date to be fixed by this Court; B. If said sums are not paid as mentioned above, this Court shall order the above-described property be sold and the proceeds therefrom to be applied to said sums due the Plaintiff as far as the same shall suffice; and C. 12. For such other and further Plaintiff realleges Paragraphs 1 m relief as the Plaintiff may be entitled. through 5, 8 and 9 as if setforth fully herein. 13. This is an action for damages for unpaid assessment fees pursuant to the Declaration of Covenants Cohditions and Restrictions for EAST LAKE WOODLANDS COMMUNITY ASSOCIATION. 14. By the failure of Defendant, Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY, to pay the assessment fees when due as alleged above, Plaintiff has suffered damages. 15. Plaintiffhas retained the undersigned attorney and has agreed to pay him a reasonable fee and Defendants are obligated to pay reasonable attorney's fees to Plaintiffpursuant to the subj ect Declaration. WHEREFORE, Plaintiff demands judgment against Defendants, KEVIN CHARLES KEARNEY and CARI KEARNEY for damages, interest, costs, and attorneys' fees, and for such other and further reliefas the Plaintiff may be entitled. NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT Pursuant to Title 15 United States Code Section 1692 Plaintiff is providing the following notice: a) The amount of the debt is contained in this Complaint; b) Certain costs and expenses incurred by the Creditor in connection with its effort to collect the Debt, including but not limited to, reasonable attomeys’ fees, court costs and other costs, may be added to the Debt as authorized by law 0r by any agreement between you and the Creditor, such as the Declaration of Covenants and Restrictions; c) The Creditor to whom the debt is owed is the Plaintiff named herein; d) Unless this debt, or any portion thereof, is disputed within thirty days after receipt of this notice, the debt will be assumed to be valid by the Plaintiff; e) The law does not prohibit Mankin Law Group from taking action to collect this Debt during the thirty (30) day validation period. If, however, you make a written request for verification of the Debt or request the name offhe original creditor Mankin Law Group must mail verification ofthe debt before taking further action to collect the Debt; f)This is an attempt to collect a debt, and any information obtained will be used for that purpose. This is The matters setforth herein above M a communication from a debt collector. relieve you offhe obligation t0 comply with the requirements however, you request proofofthe debt 0r the name and address offhe original offhe summons herein. bf creditor within the thirty-dayperiod, which begins with your receipt offhis notification, the law requires the debt collector to suspend its efi’orts, through litigation or otherwise, to collect the debt until the debt collector mails the requested information t0 you. Dated this gday of December 2019. MANKIN LAW y BRANDON K. MULLIS, ES . 1 awGrou .com Attorney for Plaintiff 2535 Landmark Drive, Suite 212 Clearwater, FL 33761 (727)725-0559 FBN: 23217