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Filing # 63400933 E-Filed 10/27/2017 08:42:53 AM
IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING
LLC
CASE NO.: 17000226CA
Plaintiff(s),
vs.
DEBORAH O° RELL;
UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES,
CREDITORS AND LIENORS OF MAUREEN O. TURNER, AND
ALL OTHER PERSONS CLAIMING BY AND THROUGH,
UNDER, AGAINST THE NAMED DEFENDANT(S);
THE UNKNOWN SPOUSE OF DEBORAH 0° RELL;
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF
NEW YORK, AS SUCCESSOR TRUSTEE TO JPMORGAN
CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE ON
BEHALF OF THE CERTIFICATEHOLDERS OF THE CWHEQ,
INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST,
SERIES 2006-H
TD BANK USA, NATIONAL ASSOCIATION;
UNKNOWN PARTIES IN POSSESSION #1, IF LIVING, AND
ALL UNKNOWN PARTIES CLAIMING BY, THROUGH,
UNDER AND AGAINST THE ABOVE NAMED
DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR
ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM
AN INTEREST AS SPOUSE, HEIRS, DEVISEES, GRANTEES,
OR OTHER CLAIMANTS;
UNKNOWN PARTIES IN POSSESSION #2, IF LIVING AND
ALL UNKNOWN PARTIES CLAIMING BY, THROUGH,
UNDER AND AGAINST THE ABOVE NAMED
DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR
ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM
AN INTEREST AS SPOUSE, HEIRS, DEVISEES, GRANTEES,
OR OTHER CLAIMANTS;
Defendant(s)
/
PLAINTIFF’S AMENDED WITNESS AND EXHIBIT LIST
COMES NOW the Plaintiff, DITECH FINANCIAL LLC, by and through its undersigned
counsel, and hereby files its Amended Witness and Exhibit List and states as follows:
I, Expert Witness List:il.
TL
At this time, the Plaintiff does not anticipate calling any expert witnesses at this
trial.
The Plaintiff reserves the right to call any expert witness listed and/or called by
any other party and reserves the right to supplement this Witness List with
additional expert witnesses as they become known or necessary, upon proper
notice to the other parties.
Potential Non-Expert Witness List:
1.
A corporate representative of the Plaintiff or other corporate representative of the
Plaintiff with knowledge regarding this particular loan. One of the following
Plaintiff's Non-Expert Corporate Representatives will appear for the trial:
Nancy Nichols, Charles Kevorkian, Christopher Ogden, Janet Gicello,
Jessica Edwards, Kimberly Torrance, Lisa DeRosa, Luis Cotto, Marta
Lillard, Minverva Flowers, Osvaldo Perez, Stephanie Cejas, Stewart
Derrick, Todd Visser, Edward Schwahl, Elizabeth Poitras, David Haro,
Shawn Gatewood, Elizabeth Poitras, Howard Clemence, Cleo Alexander,
Danielle Dunbar, April Frazier, Robert Glass, Brad Hardwick, Edgar
Hernandez, Del Jones, Donald Roberts, Mary Samaras, Howard Weems,
Lamont Young, Christy Christensen
c/o Padgett Law Group
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
2. Deborah O’Rell
3. Any witness for rebuttal and/or impeachment.
4, The Plaintiff reserves the right to call any witness listed and/or called by any
other party and reserves the right to supplement this Witness List with additional
witnesses as they become known or necessary, upon proper notice to the other
parties.
Exhibit List:
1 Subject Note, together with any endorsements, allonges, renewals, extensions or
modifications thereto.
2. Subject Mortgage. together with any applicable modifications.
3. Assignment(s) of Mortgage
4, Power(s) of Attorney
5. Payment History18.
Notice of Default and/or Notice of Intent to Accelerate/Foreclose, together with
any certified mail receipt and translation of a qualified translator, if applicable.
Judgment Figures, including but not limited to principal, interest, escrow
payments/advances, corporate advances or charges.
Communication Support Records.
Certificate of Merger Documents, if applicable.
Acopy of the Clerk's Docket for the subjection action.
Any and all correspondence between the parties.
Any exhibits for rebuttal or impeachment.
All exhibits Defendant seeks to introduce at trial of this cause.
All documents requested and/or produced in response to Plaintiff's discovery
requests, including but not limited to the requests and exhibits thereto,
All documents produced in response to Defendant's discovery requests.
Any Deposition or Court Transcripts.
Any and. all pleadings, attachments, exhibits, motions and all documents
contained within the court file.
Any and all Borrower, Mortgagor, Spouse of Borrower or Mortgagor or Property
Owner bankruptcy filings in the United States Bankruptcy Court.
Plaintiff reserves the right to amend its witness and exhibit list as appropriate.
DATED this Ein of October, 2017.
‘Ae
PADGETT LAW GROUP
HARRISON SMALBACH, ESQ.
Florida Bar # 116255
6267 Old Water Oak Road, Suite 203
Tallahassee, FL 32312
(850) 422-2520 (telephone)
(850) 422-2567 (facsimile)
attorney@padgettlaw.net
Attorney for PlaintiffCERTIFICATE OF SERVICE
I HEREBY CERTIFY a true and correct copy of the foregoing has been furnished to the
2
following parties by e-Service or by First Class U.S. Mail on this the 2 7 day of October, 2017:
SERVICE LIST (CASE NO.: 17000226CA)
Deborah O'Rell
3082 Iverson Street
Port Charlotte, FL 33952
Unknown Heirs, Devisees, Grantees, Assignees,
Creditors and Lienors of Maureen O. Turner, and
All Other Persons Claiming by and Through,
Under, Against The Named Defendant(s)
3082 Iverson Street
Port Charlotte, FL 33952
TD Bank USA, N.A.
2nd Floor, 1133 South University Drive
Plantation, FL 33324
The Unknown Spouse of Deborah O° Rell
3082 Iverson Street
Port Charlotte, FL 33952
The Bank of New York Mellon f/k/a The Bank of
New York, as Successor Trustee to JPMorgan
Chase Bank, National Association, as Trustee on
behalf of the Certificateholders of the CWHEQ,
Inc., CWHEQ Revolving Home Equity Loan
Trust, Series 2006-H
2300 Maitland Ctr Pkwy, Ste. 122
Maitland, FL 32751
LAW GROUP
HARRISON SMALBACH, ESQ.
Florida Bar # 116255
6267 Old Water Oak 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.
Preview
Filing # 63400933 E-Filed 10/27/2017 08:42:53 AM IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC CASE NO.: 17000226CA Plaintiff(s), vs. DEBORAH O° RELL; UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, CREDITORS AND LIENORS OF MAUREEN O. TURNER, AND ALL OTHER PERSONS CLAIMING BY AND THROUGH, UNDER, AGAINST THE NAMED DEFENDANT(S); THE UNKNOWN SPOUSE OF DEBORAH 0° RELL; THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF THE CWHEQ, INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2006-H TD BANK USA, NATIONAL ASSOCIATION; UNKNOWN PARTIES IN POSSESSION #1, IF LIVING, AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE ABOVE NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; UNKNOWN PARTIES IN POSSESSION #2, IF LIVING AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE ABOVE NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; Defendant(s) / PLAINTIFF’S AMENDED WITNESS AND EXHIBIT LIST COMES NOW the Plaintiff, DITECH FINANCIAL LLC, by and through its undersigned counsel, and hereby files its Amended Witness and Exhibit List and states as follows: I, Expert Witness List:il. TL At this time, the Plaintiff does not anticipate calling any expert witnesses at this trial. The Plaintiff reserves the right to call any expert witness listed and/or called by any other party and reserves the right to supplement this Witness List with additional expert witnesses as they become known or necessary, upon proper notice to the other parties. Potential Non-Expert Witness List: 1. A corporate representative of the Plaintiff or other corporate representative of the Plaintiff with knowledge regarding this particular loan. One of the following Plaintiff's Non-Expert Corporate Representatives will appear for the trial: Nancy Nichols, Charles Kevorkian, Christopher Ogden, Janet Gicello, Jessica Edwards, Kimberly Torrance, Lisa DeRosa, Luis Cotto, Marta Lillard, Minverva Flowers, Osvaldo Perez, Stephanie Cejas, Stewart Derrick, Todd Visser, Edward Schwahl, Elizabeth Poitras, David Haro, Shawn Gatewood, Elizabeth Poitras, Howard Clemence, Cleo Alexander, Danielle Dunbar, April Frazier, Robert Glass, Brad Hardwick, Edgar Hernandez, Del Jones, Donald Roberts, Mary Samaras, Howard Weems, Lamont Young, Christy Christensen c/o Padgett Law Group 6267 Old Water Oak Road, Suite 203 Tallahassee, FL 32312 2. Deborah O’Rell 3. Any witness for rebuttal and/or impeachment. 4, The Plaintiff reserves the right to call any witness listed and/or called by any other party and reserves the right to supplement this Witness List with additional witnesses as they become known or necessary, upon proper notice to the other parties. Exhibit List: 1 Subject Note, together with any endorsements, allonges, renewals, extensions or modifications thereto. 2. Subject Mortgage. together with any applicable modifications. 3. Assignment(s) of Mortgage 4, Power(s) of Attorney 5. Payment History18. Notice of Default and/or Notice of Intent to Accelerate/Foreclose, together with any certified mail receipt and translation of a qualified translator, if applicable. Judgment Figures, including but not limited to principal, interest, escrow payments/advances, corporate advances or charges. Communication Support Records. Certificate of Merger Documents, if applicable. Acopy of the Clerk's Docket for the subjection action. Any and all correspondence between the parties. Any exhibits for rebuttal or impeachment. All exhibits Defendant seeks to introduce at trial of this cause. All documents requested and/or produced in response to Plaintiff's discovery requests, including but not limited to the requests and exhibits thereto, All documents produced in response to Defendant's discovery requests. Any Deposition or Court Transcripts. Any and. all pleadings, attachments, exhibits, motions and all documents contained within the court file. Any and all Borrower, Mortgagor, Spouse of Borrower or Mortgagor or Property Owner bankruptcy filings in the United States Bankruptcy Court. Plaintiff reserves the right to amend its witness and exhibit list as appropriate. DATED this Ein of October, 2017. ‘Ae PADGETT LAW GROUP HARRISON SMALBACH, ESQ. Florida Bar # 116255 6267 Old Water Oak Road, Suite 203 Tallahassee, FL 32312 (850) 422-2520 (telephone) (850) 422-2567 (facsimile) attorney@padgettlaw.net Attorney for PlaintiffCERTIFICATE OF SERVICE I HEREBY CERTIFY a true and correct copy of the foregoing has been furnished to the 2 following parties by e-Service or by First Class U.S. Mail on this the 2 7 day of October, 2017: SERVICE LIST (CASE NO.: 17000226CA) Deborah O'Rell 3082 Iverson Street Port Charlotte, FL 33952 Unknown Heirs, Devisees, Grantees, Assignees, Creditors and Lienors of Maureen O. Turner, and All Other Persons Claiming by and Through, Under, Against The Named Defendant(s) 3082 Iverson Street Port Charlotte, FL 33952 TD Bank USA, N.A. 2nd Floor, 1133 South University Drive Plantation, FL 33324 The Unknown Spouse of Deborah O° Rell 3082 Iverson Street Port Charlotte, FL 33952 The Bank of New York Mellon f/k/a The Bank of New York, as Successor Trustee to JPMorgan Chase Bank, National Association, as Trustee on behalf of the Certificateholders of the CWHEQ, Inc., CWHEQ Revolving Home Equity Loan Trust, Series 2006-H 2300 Maitland Ctr Pkwy, Ste. 122 Maitland, FL 32751 LAW GROUP HARRISON SMALBACH, ESQ. Florida Bar # 116255 6267 Old Water Oak 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.