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Filing #70794961 E-Filed 04/17/2018 08:52:34 AM
IN THE CIRCUIT COURT, IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO. 17-CA-003967-0 #33
ORANGE LAKE COUNTRY CLUB, INC.,
Plaintiff,
vs.
FRINK ET. AL.,
Defendant(s).
/
AFFIDAVIT OF INDEBTEDNESS AND NONMILITARY STATUS AS TO COUNT VU,
ALEJANDRO _ RUIZ AND MARIA L. RUIZ AND BERNADINO N. MENDEZ, JR. AND
TONYA L. MENDEZ
STATE OF FLORIDA
COUNTY OF PALMBEACH
BEFORE ME, the undersigned authority, on this day personally appeared JERRY E. ARON
Esq., who, after being duly sworn, deposes and says:
1 I am the attorney for the Plaintiff in this action and, as such, am authorized to execute
this Affidavit on behalf of Plaintiff.
2 Tam over (18) years of age and have personal knowledge of all matters set forth herein
which were not derived from Plaintiff's business records concerning the subject matter of this
action.
3 I also am familiar with and have full access to and personal knowledge of Plaintiff's
business records concerning the subject matter of this action. Such records were made at or near
the time of the acts or events reflected or evidenced by such records; they were made by, or from
information transmitted by, a person with knowledge; they have been kept in the course of
Plaintiff's regularly conducted business activity; and it has been Plaintiff's regular practice to
make such records as part of Plaintiffs regularly conducted business activity.
4 Each and every allegation in Count VIII of the Complaint is true
5 Defendant(s), Alejandro Ruiz and Maria L. Ruiz and Bernadino N. Mendez, Jr.
and Tonya L. Mendez, is/are the record owner(s) of the following described real property in
Orange County, Florida (the “Property”);
WEEK(S)/UNIT 36/87951
of Orange Lake Country Club Villas III, a Condominium, together with an
undivided interest in the common elements appurtenant thereto, according to the
Declaration of Condominium thereof recorded in Official Records Book 5914
Page1965, in the Public Records of Orange County, Florida, and all amendments
thereto, the plat of which is recorded in Condominium Book28, page 84-92until
12:00 noon on the first Saturday 2071,at which date said estate shall terminate;
TOGETHER with a remainder over in fee simple absolute as tenant in common
with the other owners of all the unit weeks in the above described Condominium
in the percentage interest established in the Declaration of Condominium.
TOGETHER with all of the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
6 Defendant(s), Alejandro Ruiz and Maria L. Ruiz and Bernadino N. Mendez, Jr.
and Tonya L. Mendez, currently hold(s) possession of the Property.
7 On or about 8/31/2016, ORANGE LAKE COUNTRY CLUB HOMEOWNERS’
ASSOCIATION filed a claim of lien against the property described in paragraph 5. The Lien was
recorded in Official Records Book n/a, Page n/a, Document # 20160458465 of the public
records of Orange County, Florida. The Lien was assigned to ORANGELAKE COUNTRY
CLUB, INC., on 8/31/2016 and the Assignment was recorded in Official Records Book n/a, Page
wa, Document # 20160458466, of the public records of Orange County, Florida. The Property
was then owned by and in the possession of the Defendant(s.)
8 Plaintiff owns and holds Claim of Lien.
9 Defendant(s), Alejandro Ruiz and Maria L. Ruiz and Bernadino N. Mendez, Jr.
and Tonya L. Mendez defaulted by failing to pay unpaid assessments for common expenses and
ad valorem real estate taxes.
10. After deducting all payments and credits, there remains due and owing to Plaintiff
on the following sums:
Unpaid Assessments $ 3,741.97
Late/Collection Fees $ 1,885.29
Cost of this Action $ 328.12
Total Sum due to Plaintiff through 5-10-18 $ | 5,955.38
11. Interest on the unpaid Assessments will continue to accrue at the statutory interest
rate in place at the time a judgment is entered, for each day after the date of such judgment, that
the unpaid Assessments remain unpaid.
12. Plaintiff has retained the law firm of Jerry E. Aron, P.A. to represent it in this
action and is obligated to pay its attorneys a reasonable fee for their services.
13. I have inquired of the armed forces of the United States and the U.S. Public Health
Services to determine whether the Defendant(s) is(are) (a) member(s) of the armed services and
am attaching certificates stating that the defendant(s) is(are) not now in the armed forces.
FURTHER AFFIANT SAITH NAUGHT.
/
Attorney for the Plaintiff
2505 Metrocentre Blvd., Suite 301
West Palm Beach, Fl. 33407
(561) 478-0511
jaron@aronlaw.com
mevans‘ @aronlaw.com
Florida Bar No. 0236101
SWORN TO AND SUBSCRIBED before me by JERRY E. ARON ESQ,, who is personally
known to me, on this April 16, 2018
MONA
Notsry Pubtie - State of Florida
My Comm. Spices dut 22, 2018
Commission # FF 113480
Bonded Through Nations) Assn.
Notary Seal &
Monika evans
Notary Publiic-State of Florida
Department of Defense Manpower Data Center Results as of : Apr-16-2018 02:29:63 PM
SCRA 4.4
ogc
vy Status Report
‘pri
A
, Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-2424
Birth Date:
Last Name: RUIZ
First Name: ALEJANDRO
Middle Name:
Status As Of: Apr-16-2018
Certificate ID: RKCQJ252JVPWHTV
5 ii Aalve
Duly On Active Da Salas os
‘elve Bly Sta Date “Active Duty End Date Status a
NA NA. = 2
This response ref bh rad active duty shied ‘ori the Active Duty Status Date
Lefl Act
Se
‘Duty Within 387 Daysc ASCO Status Date
ete buy End Date Status oe
NA Ay No NA
‘This response reflects where individual let active duty statisa yilhin 967 days preced ingt jve Duty Status Date
ah .
Fe ioaber ore Unit Was Notified of a Future Caltp to a Duly on ve, 1 Sa i Zi
Order fication Stari Date “Order. yes End Date. Stat coat
NA Ni NA
This response reflects whether the individual his/her unit has racelved: oli into report
for active duty
Upon searching the data banks of the Department of Defense Manpower Data Genter, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
Department of Defense Manpower Data Center Result 8 of : Apr-16-2018 02:33:02 PM
SCRA 4.4
xe
es.
Status Report
af Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-6066
Birth Date:
Last Name: RUIZ
First Name: MARIA
Middle Name L.
Status As Of: Apr-16-2018
Certificate ID LB3YM6YXSDL4J9Y
TSA Reine
Buty On Aa hs By Si
‘alive Daly Stent ne Astve Duty End Date Status
NA Nos NA
Ths response Pasi al ‘on the Active | lus Date
i
Left ney ‘Within 267 Days of, eats Duty Stat ius Dae
hes uy Sata ‘tive Duty End Date “Siatus ‘Service Component
NA No NA
‘This response reflects ihe individual lef active diy status within 387 days precedingth Buy
e Status Date
I
e TS LOT Unt Wns NOE a Far Cap Acie Bl on Adv Dv Sal ee
orig Notification Start Dato. ‘Order Notifeation End Date = Status ServiceConvene
NA 2 NA
This response refocs whether the nl tne ra {dn to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Ra.
Seaside, CA 93955
Department of Defense Manpower Data Center Results as of : Apr-17-2018 07:21:25 AM
SORA 4.4
3
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9997
Birth Date:
Last Name: MENDEZ JR
First Name: BERNADINO
Middle Name: N
Status As Of: Apr-17-2018
Certificate ID: LSXJOVS1CDLNZV8
‘Active Duly On. DutyS
‘Active Duly Start Date ‘elive Duty End Date Status Service Component
NA AK NA
‘This response raf Tei ae ays Buy San oale
%
= ee Left Acti ey ays oth e Duty Status
‘ative Duy Sit Dato Duty End Date, Status ‘Service Componer
NA Ai =F NA
ee
This response reflects where| 7 lo
iva active duty = 867 days preceding
the uty Status Date
WW
‘The Member or it Was Noeoto Fut oa Ai ne uy Sl ole
‘Order Nobfication Start Date © Order Notifeaton End St Service Component 2S
NA
This response reflects whethert ithas.recel enw raptor ea oy
Upon searching the data banks of the Department of Defense Manpower Data Center, Saeed ‘on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
Department of Defense Manpower Data Center Results as of : Apr-17-2018 07:22:17 AM
SCRA 4.4
Status Report
Ee Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-9619
Birth Date:
Last Name: MENDEZ
First Name: TONYA
Middle Name: L
Status As Of: Apr-17-2018
Certificate ID: XZPJ4262QNZBYT2
z
= On Aétve Bayona Cn oae bal
‘clive
Duly Start Date ‘clive Duly End Date Status ice Component
Uy
‘This response réfle individ ‘active duty stalus based on ‘Acti is Date
Left Daiy in 387, Days
of Acive Duty Status Date
‘Active Duty Start Date ‘Active Duty End Date Status ‘Service Component
NA No
These oo wh vidual oft active duty status within $67 days preceding
the A Duty Status Date
:
5 ‘The Member or Fister ‘Unit Was Notified of a Future Call-Up Aca ‘Duty on Active Duty. oan bal
‘Order ie ‘Sten Date ‘Order Notif ion End Date “Status Service cone
NA NA
his response reflects whether the Se Tier uit has ocala SST isin pao me iy
Upon searching the data banks of the Department of Defense Manpower Data Center, based ‘on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
Preview
Filing #70794961 E-Filed 04/17/2018 08:52:34 AM IN THE CIRCUIT COURT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. 17-CA-003967-0 #33 ORANGE LAKE COUNTRY CLUB, INC., Plaintiff, vs. FRINK ET. AL., Defendant(s). / AFFIDAVIT OF INDEBTEDNESS AND NONMILITARY STATUS AS TO COUNT VU, ALEJANDRO _ RUIZ AND MARIA L. RUIZ AND BERNADINO N. MENDEZ, JR. AND TONYA L. MENDEZ STATE OF FLORIDA COUNTY OF PALMBEACH BEFORE ME, the undersigned authority, on this day personally appeared JERRY E. ARON Esq., who, after being duly sworn, deposes and says: 1 I am the attorney for the Plaintiff in this action and, as such, am authorized to execute this Affidavit on behalf of Plaintiff. 2 Tam over (18) years of age and have personal knowledge of all matters set forth herein which were not derived from Plaintiff's business records concerning the subject matter of this action. 3 I also am familiar with and have full access to and personal knowledge of Plaintiff's business records concerning the subject matter of this action. Such records were made at or near the time of the acts or events reflected or evidenced by such records; they were made by, or from information transmitted by, a person with knowledge; they have been kept in the course of Plaintiff's regularly conducted business activity; and it has been Plaintiff's regular practice to make such records as part of Plaintiffs regularly conducted business activity. 4 Each and every allegation in Count VIII of the Complaint is true 5 Defendant(s), Alejandro Ruiz and Maria L. Ruiz and Bernadino N. Mendez, Jr. and Tonya L. Mendez, is/are the record owner(s) of the following described real property in Orange County, Florida (the “Property”); WEEK(S)/UNIT 36/87951 of Orange Lake Country Club Villas III, a Condominium, together with an undivided interest in the common elements appurtenant thereto, according to the Declaration of Condominium thereof recorded in Official Records Book 5914 Page1965, in the Public Records of Orange County, Florida, and all amendments thereto, the plat of which is recorded in Condominium Book28, page 84-92until 12:00 noon on the first Saturday 2071,at which date said estate shall terminate; TOGETHER with a remainder over in fee simple absolute as tenant in common with the other owners of all the unit weeks in the above described Condominium in the percentage interest established in the Declaration of Condominium. TOGETHER with all of the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 6 Defendant(s), Alejandro Ruiz and Maria L. Ruiz and Bernadino N. Mendez, Jr. and Tonya L. Mendez, currently hold(s) possession of the Property. 7 On or about 8/31/2016, ORANGE LAKE COUNTRY CLUB HOMEOWNERS’ ASSOCIATION filed a claim of lien against the property described in paragraph 5. The Lien was recorded in Official Records Book n/a, Page n/a, Document # 20160458465 of the public records of Orange County, Florida. The Lien was assigned to ORANGELAKE COUNTRY CLUB, INC., on 8/31/2016 and the Assignment was recorded in Official Records Book n/a, Page wa, Document # 20160458466, of the public records of Orange County, Florida. The Property was then owned by and in the possession of the Defendant(s.) 8 Plaintiff owns and holds Claim of Lien. 9 Defendant(s), Alejandro Ruiz and Maria L. Ruiz and Bernadino N. Mendez, Jr. and Tonya L. Mendez defaulted by failing to pay unpaid assessments for common expenses and ad valorem real estate taxes. 10. After deducting all payments and credits, there remains due and owing to Plaintiff on the following sums: Unpaid Assessments $ 3,741.97 Late/Collection Fees $ 1,885.29 Cost of this Action $ 328.12 Total Sum due to Plaintiff through 5-10-18 $ | 5,955.38 11. Interest on the unpaid Assessments will continue to accrue at the statutory interest rate in place at the time a judgment is entered, for each day after the date of such judgment, that the unpaid Assessments remain unpaid. 12. Plaintiff has retained the law firm of Jerry E. Aron, P.A. to represent it in this action and is obligated to pay its attorneys a reasonable fee for their services. 13. I have inquired of the armed forces of the United States and the U.S. Public Health Services to determine whether the Defendant(s) is(are) (a) member(s) of the armed services and am attaching certificates stating that the defendant(s) is(are) not now in the armed forces. FURTHER AFFIANT SAITH NAUGHT. / Attorney for the Plaintiff 2505 Metrocentre Blvd., Suite 301 West Palm Beach, Fl. 33407 (561) 478-0511 jaron@aronlaw.com mevans‘ @aronlaw.com Florida Bar No. 0236101 SWORN TO AND SUBSCRIBED before me by JERRY E. ARON ESQ,, who is personally known to me, on this April 16, 2018 MONA Notsry Pubtie - State of Florida My Comm. Spices dut 22, 2018 Commission # FF 113480 Bonded Through Nations) Assn. Notary Seal & Monika evans Notary Publiic-State of Florida Department of Defense Manpower Data Center Results as of : Apr-16-2018 02:29:63 PM SCRA 4.4 ogc vy Status Report ‘pri A , Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-2424 Birth Date: Last Name: RUIZ First Name: ALEJANDRO Middle Name: Status As Of: Apr-16-2018 Certificate ID: RKCQJ252JVPWHTV 5 ii Aalve Duly On Active Da Salas os ‘elve Bly Sta Date “Active Duty End Date Status a NA NA. = 2 This response ref bh rad active duty shied ‘ori the Active Duty Status Date Lefl Act Se ‘Duty Within 387 Daysc ASCO Status Date ete buy End Date Status oe NA Ay No NA ‘This response reflects where individual let active duty statisa yilhin 967 days preced ingt jve Duty Status Date ah . Fe ioaber ore Unit Was Notified of a Future Caltp to a Duly on ve, 1 Sa i Zi Order fication Stari Date “Order. yes End Date. Stat coat NA Ni NA This response reflects whether the individual his/her unit has racelved: oli into report for active duty Upon searching the data banks of the Department of Defense Manpower Data Genter, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 Department of Defense Manpower Data Center Result 8 of : Apr-16-2018 02:33:02 PM SCRA 4.4 xe es. Status Report af Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-6066 Birth Date: Last Name: RUIZ First Name: MARIA Middle Name L. Status As Of: Apr-16-2018 Certificate ID LB3YM6YXSDL4J9Y TSA Reine Buty On Aa hs By Si ‘alive Daly Stent ne Astve Duty End Date Status NA Nos NA Ths response Pasi al ‘on the Active | lus Date i Left ney ‘Within 267 Days of, eats Duty Stat ius Dae hes uy Sata ‘tive Duty End Date “Siatus ‘Service Component NA No NA ‘This response reflects ihe individual lef active diy status within 387 days precedingth Buy e Status Date I e TS LOT Unt Wns NOE a Far Cap Acie Bl on Adv Dv Sal ee orig Notification Start Dato. ‘Order Notifeation End Date = Status ServiceConvene NA 2 NA This response refocs whether the nl tne ra {dn to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Ra. Seaside, CA 93955 Department of Defense Manpower Data Center Results as of : Apr-17-2018 07:21:25 AM SORA 4.4 3 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9997 Birth Date: Last Name: MENDEZ JR First Name: BERNADINO Middle Name: N Status As Of: Apr-17-2018 Certificate ID: LSXJOVS1CDLNZV8 ‘Active Duly On. DutyS ‘Active Duly Start Date ‘elive Duty End Date Status Service Component NA AK NA ‘This response raf Tei ae ays Buy San oale % = ee Left Acti ey ays oth e Duty Status ‘ative Duy Sit Dato Duty End Date, Status ‘Service Componer NA Ai =F NA ee This response reflects where| 7 lo iva active duty = 867 days preceding the uty Status Date WW ‘The Member or it Was Noeoto Fut oa Ai ne uy Sl ole ‘Order Nobfication Start Date © Order Notifeaton End St Service Component 2S NA This response reflects whethert ithas.recel enw raptor ea oy Upon searching the data banks of the Department of Defense Manpower Data Center, Saeed ‘on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 Department of Defense Manpower Data Center Results as of : Apr-17-2018 07:22:17 AM SCRA 4.4 Status Report Ee Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-9619 Birth Date: Last Name: MENDEZ First Name: TONYA Middle Name: L Status As Of: Apr-17-2018 Certificate ID: XZPJ4262QNZBYT2 z = On Aétve Bayona Cn oae bal ‘clive Duly Start Date ‘clive Duly End Date Status ice Component Uy ‘This response réfle individ ‘active duty stalus based on ‘Acti is Date Left Daiy in 387, Days of Acive Duty Status Date ‘Active Duty Start Date ‘Active Duty End Date Status ‘Service Component NA No These oo wh vidual oft active duty status within $67 days preceding the A Duty Status Date : 5 ‘The Member or Fister ‘Unit Was Notified of a Future Call-Up Aca ‘Duty on Active Duty. oan bal ‘Order ie ‘Sten Date ‘Order Notif ion End Date “Status Service cone NA NA his response reflects whether the Se Tier uit has ocala SST isin pao me iy Upon searching the data banks of the Department of Defense Manpower Data Center, based ‘on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955