Preview
Filing #61214505 E-Filed 08/31/2017 03:52:14 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2017-
BOOTH’S COBBLESTONES, INC.,
a Florida corporation,
Plaintiff,
vs.
YI T. HSU, a married woman,
Defendant.
/
COMPLAINT TO FORECLOSE CONSTRUCTION LIEN
($12,258.65)
COMES NOW, Plaintiff, BOOTH’S COBBLESTONES, INC. a Florida
corporation (hereinafter sometimes referred to as "Plaintiff") by
and through its undersigned counsel, and sues the Defendant, YI T.
HSU, a married woman (hereinafter sometimes referred to as “OWNER”)
and states:
1 This is a cause of action for foreclosure of a
construction lien for the sum of Twelve Thousand Two Hundred Fifty-
Eight and 65/100 Dollars ($12,258.65), pursuant to Chapter 713,
Part I, Florida Statutes.
2 Venue and jurisdiction are properly laid in Orange County,
Florida Circuit Court, pursuant to Chapter 47 and Section
26.012(2) (g), Florida Statutes, and Article V of the Florida
c:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint
.wpd
Constitution, because the real property which is the subject of
this litigation is located in Orange County.
3. Plaintiff is a Florida corporation which at all times
relevant hereto was authorized to transact business in the State of
Florida.
4 OWNER is a resident and citizen of Orange County, Florida
residing at 5054 Latrobe Drive, Windermere, FL 34786.
5 Plaintiff, prior to the institution of this action,
performed all conditions precedent to bringing this cause of action
or such conditions have been waived or excused.
6 Plaintiff, prior to the institution of this action,
performed all conditions precedent to bringing this cause of
action.
7 Plaintiff, prior to the institution of this action,
performed all conditions precedent to perfecting its construction
lien sought to be foreclosed herein.
8. OWNER is the owner of the real property which is the
subject of this action situated and lying in Orange County,
Florida, to wit:
Lot 19, Isleworth, according to the plat thereof as
recorded in Plat Book 16, Pages 118 to 130, Public
Records of Orange County, Florida;
C:\DOC\A-H\B\Booths Cobblestones 377\141 Hsu\Pleadings\complaint
.wpd
Page 2 of 9
Together with:
That part of Lot 1, Isleworth First Amendment, according
to the plat thereof as recorded in Plat Book 33 Pages
135 through 149, Public Records of Orange County,
Florida, as more particularly described in that certain
Special Warranty Deed recorded in Official Records Book
10563, beginning at Page 5535, Public Records of Orange
County, Florida.
9. OWNER is the record titleholder of that certain real
property described hereinabove as a result of the recordation of a
Special Warranty Deed on May 2, 2013, in Official Records Document
Number 20130235867, Public Records of Orange County, Florida.
10. A copy of said Special Warranty Deed referred to
hereinabove is attached hereto and incorporated herein by reference
as Exhibit "A".
a1. Plaintiff, prior to the institution of this action,
performed all statutory prerequisites to bringing this cause of
action.
12. OWNER failed to cause to be recorded a Notice of
Commencement in the Public Records of Orange County, Florida for
the construction of improvements by the Plaintiff to her home on
the real property described hereinabove as required by Section
713.13, Florida Statutes.
13. On or about December 14, 2016, OWNER entered into a
written contract with Plaintiff for Plaintiff to provide the
C:\DOC\A-M\B\Booths Cobbiestones 377\141 Hsu\Pleadings\Complaint
.wpd
Page 3 of 9
provision and installation of pavers on the real property described
hereinabove (hereinafter sometimes referred to as the “project”).
14. A scanned copy of the executed written contract referred
to hereinabove is attached hereto and incorporated herein by
reference as Exhibit vB’,
15. A legible copy of the contract terms and conditions prior
to execution is attached hereto and incorporated herein by
reference as Exhibit xo",
16. Pursuant to the contract between Plaintiff and OWNER,
Plaintiff provided the construction labor and materials in
accordance therewith for the project.
17. Plaintiff furnished the first of the labor and
construction materials for incorporation into the project, pursuant
to the contract with OWNER on March 6, 2017.
18. Plaintiff furnished the last of the labor and
construction materials for incorporation into the project, pursuant
to the contract with OWNER on March 24, 2017.
19. The labor and construction materials furnished by
Plaintiff for incorporation into the project, pursuant to the
contract between Plaintiff and OWNER, have a total agreed value of
Thirty-Seven Thousand Ninety-Seven and 75/100 Dollars ($37,097.75).
20. Of the total agreed value of Thirty-Seven Thousand
Ninety-Seven and 75/100 Dollars ($37,097.75) referred to in the
:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint
upd
Page 4 of 9
preceding paragraph, Twelve Thousand Two Hundred Fifty-Eight and
65/100 Dollars ($12,258.65) remains unpaid.
21. Prior to the filing of this action, Plaintiff made
numerous demands to OWNER and her attorney, Beth-Ann Schulman,
however payment of the Twelve Thousand Two Hundred Fifty-Eight and
65/100 Dollars ($12,258.65) referred to hereinabove has not been
made.
22. On May 25, 2017, Plaintiff timely recorded a construction
lien in the Official Public Records of Orange County, Florida, at
the office of the Orange County Comptroller, for the outstanding
indebtedness of Twelve Thousand Two Hundred Fifty-Eight and 65/100
Dollars ($12,258.65).
23. A copy of the construction lien referred to in the
preceding paragraph is attached hereto and incorporated herein by
reference as Exhibit "D".
24. On May 31, 2017, Plaintiff timely served a copy of its
construction lien referred to hereinabove on OWNER by United States
Postal Service certified mail return receipt, in accordance with
Chapter 713, Part I, Florida Statutes.
25. The copy of the construction lien referred to hereinabove
is deemed served on OWNER on May 31, 2017, pursuant to Section
713.18(3) (a), Florida Statutes, as a result of it being returned by
the United States Postal Service as “unclaimed” as evidenced by the
C:\BOC\A-H\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint
.wpd
Page 5 of 9
United States Postal Service Tracking Information, a copy of which
is attached hereto and incorporated herein by reference as Exhibit
YE",
26. The construction lien is in proper statutory form.
27. Plaintiff completed supplying all labor and construction
materials pursuant to the contract between Plaintiff and OWNER for
the amount set forth in the construction lien at issue herein, and
OWNER accepted and incorporated Plaintiff's labor and construction
materials into the project.
28. On June 22, 2017, Plaintiff served its Contractor’s Final
Payment Affidavit on Attorney Beth-Ann Schulman as representative
and attorney for OWNER by United States Postal Service Certified
Mail return receipt in accordance with Chapter 713, Part I, Florida
Statutes.
29. A copy of the Contractor's Final Payment Affidavit
referred to hereinabove is attached hereto and incorporated herein
by reference as Exhibit “F”.
30. The Contractor’s Final Payment Affidavit referred to
hereinabove was received by Beth-Ann Schulman as representative and
attorney for OWNER at 10:18 a.m. on June 26, 2017, as evidenced by
the United States Postal Service Certified Mail return receipt for
same and the United States Postal Service Certified Mail
C:\DOC\A~H\B\Booths Cobblestones 377\14) Hsu\Pleadings\complaint
upd
Page 6 of 9
Confirmation of Delivery, copies of which are attached hereto and
incorporated herein by reference as Exhibits “G” and “H”.
31. In accordance with Section 713.22, Florida Statutes,
Plaintiff timely filed this action within one year after the
recordation of its construction lien.
32. Plaintiff, prior to the institution of this action,
complied with all conditions precedent under the contract to
perfect its construction lien sought to be foreclosed herein.
33. Plaintiff, prior to the institution of this action,
complied with all statutory prerequisites under the laws of Florida
to perfect its construction lien sought to be foreclosed herein.
34. There is now due and owing to Plaintiff for the
construction labor and materials the sum of Twelve Thousand Two
Hundred Fifty-Eight and 65/100 Dollars ($12,258.65), together with
interest thereon at the rate of 18% per annum from March 24, 2017.
35. Plaintiff has been required to retain the services of the
undersigned law firm and has promised to pay it a reasonable
attorney's fee for the prosecution of this action, for which OWNER
is liable in accordance with Section 713.29, Florida Statutes.
36. Plaintiff states that a reasonable attorney’s fee to be
taxed against OWNER in the event Plaintiff obtains a default
judgment after clerk’s default against OWNER is a sum not exceeding
$10,000.00.
C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint
.wpd
Page 7 of 9
37. The Notice Required by the Fair Debt Collection Practices
Act, 15 U.S.C. Section 1692, which may be applicable to this cause,
is attached hereto and incorporated herein by reference as
Exhibit "I".
WHEREFORE, Plaintiff requests that this Honorable Court:
(a) Find a lien to exist in favor of Plaintiff upon the real
property described hereinabove for the payment of the outstanding
indebtedness in the amount of Twelve Thousand Two Hundred Fifty-
Eight and 65/100 Dollars ($12,258.65), together with interest
thereon at the rate of 18% per annum from March 24, 2017, court
costs and attorney’s fees;
(b) Provide OWNER an opportunity to pay these sums within the
time set by this Court;
(c) Order that in default of payment of the aforementioned
sum due to Plaintiff, the above described real property be sold
free and clear of the claims of all Defendants at judicial sale in
accordance with Florida law, that the costs of the sale be first
paid out of the proceeds thereof and the remainder be applied to
the sum due to Plaintiff, so far as it will suffice;
(d) Enter a judgment decree for any deficiency against OWNER
in accordance with Section 713.28(3), Florida Statutes;
(e) Declare that, if it be determined that Plaintiff does not
have a valid and subsisting lien on the real property for the full
C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint
.wpd
Page 8 of 9
amount due, Plaintiff have a personal judgment against OWNER in
accordance with Section 713.28(1), Florida Statutes; and
(f£) Provide such other and further relief as this C rt deems
just and proper.
Dated this 31st day of August, 2017,
BARRY ON
PROFESSIOl ATION
He
By
BARRY, , ESQUIRE
Fle 0814199
5) rt and Ave., Suite 305
M itland, 32751
Florida
07/645-4500
Primary e-mail address:
b k@barrykalmanson. com
Secondary e-mail address:
s ugg@barrykalmanson.com
Attorney for Plaintiff
€:\DOC\A-M\B\Rooths Cobblestones 377\141 Hsu\Pleadings\Complaint
.wpd
Page 9 of 9
EXHIBIT
“A”
EXHIBIT
“A”
Prepared by and Return to:
Dependable Title Services of Florida, Inc.
Rebecca I, Petroske DOCH 20130235867 B: 10563 P; 553!
4885 N. Wickham Road, Suite 109 02/2013 25 23:21 PM Page 1 of 3
Ree Fee
Melbourne, Florida 32940 Deed Doc 9 030.00
Our File Number: 13-1037 DOR Admin Fi
Property Appraiser Parcel ID Number:
Intangible, Tax 6 «oe
Mort age Star
16-23-28-3899-00-190 Mart Haynie, comptroller
prange Count:
Te: 9 hEPENDABLE TITLE SERVICES
RIA AERA
SPECIAL WARRANTY DEED
THIS INDENTURE, made this 30th day of April, 2013, between Christiana Trust, a Division of Wilmington Savings
Fund Society, FSB, as Trustee for Stanwich Mortgage Loan Trust, Series 2012-13 , whose mailing address is: 1610 E. St.
Andrews Place, Suite B150, Santa Ana, CA 92705, hereinafter called the Grantor, and Yi T. Hsu, a married woman, whose mailing
address is: 5054 Latrobe Dr., Windermere, Florida 34786, hereinafter called the Grantee,
WITNESSETH: That said Grantor, for and in consideration of the sum of $10.00 DOLLARS and other valuable
considerations, receipt whereof is hereby acknowledged, does hereby grants, bargains, sells, aliens, remises, releases, conveys and
confirms unto Grantee, his/her/their heirs and assigns, the following described property, towit:
See attached Schedule "A" attached hereto and made a part hereof
Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning
ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with the Grantee, that Grantor is lawfully seized of said land in fee simple; that the
Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons claiming by, through or under the Grantor.
IN WITNESS WHEREOF, the said Grantor has caused this instrument to be executed in its name by its duly authorized
officer and caused its corporate seal to be affixed the day and year first above written.
‘Signed, sealed and delivered Christiana Trust, a Division of Wilmington Savings Fund
in the presence of: Society, FSB, as Trustee for Stanwich Mortgage Loan
Trust, Series 2012-13
By: Carrington Mortgage Services, LLC,
Its Attorney-i
By:
Print Name:
Bee
Title
Greg Schleppy
i redy SR.Vice President, Cail Center Operations
Carrington Mortgage Services, LLC
Print witness name
Special Warranty Deed Page | of 3
EXHIBIT_A_
20130235867 Page 2 of 3
State of California
County of Orange
FO) IG IN! IMENT was acknowledged before me this 2 day of April, 2013 by
aS of Carrington Mortgage Services, LLC, on behalf of said entity,
who isPerSonally to my fo has produced as identification.
Neiaypobl ———
Pririt Notary Name
My Commission Expires: SZ Y AF
Notary Seal
lax
FR
cae commission # 1240
Notary Public- Cali
L
0 range County
j My Comm, Expires May 14, wk
‘Special Warranty Deed Page2 of 3
20130235867 Page 3 of 3
Schedule "A"
Lot 19, ISLEWORTH, according to the plat thereof recorded in Plat Book 16, pages 118 to 130,
public records of Orange County, Florida.
Together with:
That part of Lot 1, ISLEWORTH FIRST AMENDMENT, according to the plat thereof, as recorded
in Plat Book 33, Pages 135 through 149, Public Records of Orange County, Florida, described as
follows:
Commence at the Northern most corner of said Lot 1, said corner on a curve concave Southwesterly having a radius
of 5302.18 feet, a central angle of 01 degrees, 45 minutes, 34 seconds and a chord bearing of South 63 degrees 09
minutes, 57 seconds East, thence run Southeasterly along the arc of said curve and the Northeastly line of said Lot 1
for a distance 162.82 feet to the point of tangency; thence run South 64 degrees, 02 minutes, 44 seconds East along
said line for a distance of 69.40 feet to the Point of Beginning; thence continue South 64 degrees, 02 minutes, 44
seconds East Along said line for a distance of 65.00 feet; thence run South 57 degrees, 50 minutes, 50 seconds West
along the Southeasterly line of said Lot 1, also being the Northwesterly line of Lot 19, ISLEWORTH, according to the
plat thereof, as recorded in Plat Book 16, Pages 118 through 130, of said Public Records for a distance of 236.81 feet;
thence run South 67 degrees, 18 minutes, 19 seconds West along said lines for a distance of 165 feet more or less to the
shoreline of Lake Bessie; thence run Northwesterly along said shoreline for a distance of 57 feet more or less to a point
lying South 62 degrees, 24 minutes, 47 seconds West 362 feet more or less from said Point of Beginning; thence run
North 62 degrees, 24 minutes, 47 seconds East for a distance of 362 feet more or less to the Point ofBeginning.
Special Warranty Deed Page
3 of 3
EXHIBIT
“BB”
BOOTH’S COBBLESTONES, iNC.
lc
1297 Howell Branch Road, Winter Park, FL 32789
Phone: (407) 521-2823; Fax (407) 521-2844.
SU % be
PROPOSAL
Project Name: HSU RESIDENCE Prepared by: THOMAS LOHMAN
To (ClienO: TYLHSU Date of Proposal: LVI/L6
Job address: 5084 J,4 ROBE DR Proposal Number:
City: WINDERMERE zip 34786 Salesperson:
6577)
THOMAS LOHMAN
Phone (Home):
Phone (Work): 407-363-9336
Phone (Cel):
Faxt
email: dieship@aol.com
sare weg PRICE PER FT. TOTAL
NSTALLATION OF: DRIVE WAY & APRON( stox IURST SIERRA ) WALK WAY TUSCANY GRANITE,
BACK PATIO TEMPLEHURST SIERRA
DRIVE WAY
TUSCANY DOUBLE BORDER
ee $365
430
t $4.15
3.33
PER
PER
$22,264.75
S144 56
FTRY stays as is 0 SC $0.00 PER $0.00
TIO - 655 80) $4.50 PE $2,947.51
TUSCANY DOUBLE BORDER. 430 sort $3.35 PER $1,440.50
WALK WAYS 965 SQFT $ PER $5,162.75
STEPS BY Q RS 0 LNF $0.00 PER $0.00
DEMO, BAS! 8. AND ETC 6,985 SOFT S085 PER S3,841.75
TOTAL $37,097.75
OPTION § ( PLEASE INITIAL IF AGREEING ) ADD TO TOTAL.
CLEAN & SEAL 6,892 SOFT $0.38 PER $3,997.36
CURB if needed UNEP $2 50 $0.00
CUSTOM FIRE PIT GAS BY OTHERS @ $2,385.00 x $2,385.00
PLEASE INITIAL IF AGREEING TO OPTIONS ABOVI EAND ADD TOT OTAL
Special Instrnetions:
PAVERS TO BE AS NOTED. ALL EXTERIOR EDGES REINFORCED WITH CONCRETE, VEHICULAR Al ‘OHAVE 4° OF BASE
AND NON VEHICULAR TO BE 2” OR A3 TO | SAND PORTLAND MIX IF OVER CO RETE. PERMITS & S MPGRINDING ARE
NOT INCLUDED IN THIS BID,
[Client to mark ail icigation & ust fines. In the event uy underground electieal, wtilities, septic, indscope or ivigation system
storing smaterials, the cost to repair is solely the Client. Booth's is not responsible for any sod darnye, stump grinding, tee removalisdamaged white dig
or honing wire
or
seermnit, iPrequired, is not included in this proposal. An administrative fee of $150 U0 plus the costs of the permit, Notice of Commencement and runner $65.00
seit} be added to this proposal if Booths is to pull the peeatit ‘half
of the Client, Booth’s Cobblestones teserves the #i to impose & remobilization fee in the
event the customer turns crew asvay, or inthe event the job si ‘aot ready at the time specified by client Final billing may include adit charges at contenet
pricing-and delivery fees due to customer requests, change orders or errors in plans used by Bootl's Cobblestones for th is of this, te. ‘This Quote is valid for
30 willendar days.
By signing below Buyer his read and aaderstands this Proposal aad agrees that Duyer's wiliten aceepiance or Coin ment OT aay
work or service under this Proposal shall constitute Buyer's acceptance of all terms und conditions attached Please sign and return at
Jonce, Alf terms and conditions proposed by Buyer which are different from or in addition to this Proposal are unacceptable to Seller, are
expressly rejected b Her, and shall not become a part of this Proposal.Buyer may terminate this agreement in writing vis US, mail
postmarked before ight of the third business day after signing this ay ement
In order to initiate order, please send the original proposal signed with a deposit ol 814,039.10
Seller:
By:
BOOTH'S COBBLESTONES, INC,
THOMAS LOHMAN
ACCOUNT REPRESENT ATIVE
Buyers
Signatu
DAT!
TYLNSU
[&
Yate ef
ve
nn
a
Ab
TERMS AND CONDITION $s ATTACHED ARE A PART OF THIS PROPOSAL, BY SIGNING ABOVE, YOU UNDERSTAND
HSU RESIGENCE AND AGREE TO THEM i 35,342
BOOTH'S COSBLESTONES. ING. - TERMS AND CONDITIONS
oy INER(S) VIL 4,
vio! ty 31%y Denesills) sean! in thea Agreenes
63 Be eT als Aptana 1 uror
Saccinatinr HOY on sppraese9: sng from enact arch I etylnest u° Other governing
ary ‘ath the 0p) 12th week area ier instalation aad 41; Kenp « te phew o site drewrgs ax accileclurst charges sie inice
19 fader “ali seh nainegid teary cae tourctisn re A wewogty moivbeed oath aS yet td bere: inigalin Ines ard tow
vo%ge HH est irg,
cep 18 aha arty ielgation lives valile.she bsican AFB,
MEDITE TE 508 Incudirg bal Avy Imted 19 femevei ot ary atatn, ORS WNT Ihe dark ama MVM RAMEE.AN AL ee ard Inre Hg at ary
areas on ely 16DE reverted tom pessor Cam ‘ama Inout Ie GEM Ce.Ge Ol COrEINLZ AT.
reeeny ngehy Bc) any eelays ar ot Isher. that (hitp://faq.usps.com/?articleld=220900)
Track Another Package +
Remove X
Tracking Number: 701619700000931 42240
» »
Delivery Attempt
Product & Tracking Information See Available Actions
Postal Product: Features:
First-Class Mail® Certified Mail™
Return Receipt
See tracking for related item:
9590940216346053232487
(/g0/TrackConfirmAction?
tLabels=9590940216346053232487)
DATE & TIME STATUS OF ITEM LOCATION
July 15, 2017, 9:22 am Business Closed WINTER PARK, FL 32789
as
Your item is being held at the Post Office in WINTER PARK, FL 32789 on July 15, 2017 at 9:22 am
because the business was closed. The item will be delivered the next delivery day that the
business is open.
July 14, 2017, 8:51 am Out for Delivery WINTER PARK, FL 32789
t
“ EB
EXHIBIT a
https://tools.usps.com/go/TrackConfirmAction 8/20/2017
USPS.com® - USPS Tracking® Results Page 2 of 5
DATE & TIME STATUS OF ITEM LOCATION
July 14, 2017, 8:41 am Sorting Complete WINTER PARK, FL 32789
July 14, 2017, 7:47 am Arrived at Unit WINTER PARK, FL 32789
July 13, 2017, 7:45 pm Arrived at USPS Regional LAKE MARY FL
Facility DISTRIBUTION CENTER
July 13, 2017, 10:26 am Arrived at USPS Regional ORLANDO FL
Facility DISTRIBUTION CENTER
July 11, 2017, 11:49 pm Departed USPS Regional FORT MEYERS FL
Facility DISTRIBUTION CENTER
-
July 14, 2017, 8:00 pm Arrived at USPS Regional FORT MEYERS FL
Facility DISTRIBUTION CENTER
x
July 10, 2017, 8:41 am Unclaimed/Being Returned WINDERMERE, FL 34786
to Sender
June 2, 2017, 3:07 pm Notice Left (No Authorized WINDERMERE, FL 34786
Recipient Available)
June 1, 2017, 8:51 pm Departed USPS Regional ORLANDO FL.
Facility DISTRIBUTION CENTER
May 31, 2017, 9:12 pm Arrived at USPS Regional ORLANDO FL.
Facility DISTRIBUTION CENTER
May 31, 2017, 6:35 pm Departed Post Office MAITLAND, FL 32751
https://tools.usps.com/go/TrackConfirmAction 8/20/2017
USPS.com® - USPS Tracking® Results
Page 3 of5
DATE & TIME STATUS OF ITEM LOCATION
May 31, 2017, 11:10 am USPS in possession of item MAITLAND, FL 32751
See Less A,
Available Actions
Preview
Filing #61214505 E-Filed 08/31/2017 03:52:14 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: 2017- BOOTH’S COBBLESTONES, INC., a Florida corporation, Plaintiff, vs. YI T. HSU, a married woman, Defendant. / COMPLAINT TO FORECLOSE CONSTRUCTION LIEN ($12,258.65) COMES NOW, Plaintiff, BOOTH’S COBBLESTONES, INC. a Florida corporation (hereinafter sometimes referred to as "Plaintiff") by and through its undersigned counsel, and sues the Defendant, YI T. HSU, a married woman (hereinafter sometimes referred to as “OWNER”) and states: 1 This is a cause of action for foreclosure of a construction lien for the sum of Twelve Thousand Two Hundred Fifty- Eight and 65/100 Dollars ($12,258.65), pursuant to Chapter 713, Part I, Florida Statutes. 2 Venue and jurisdiction are properly laid in Orange County, Florida Circuit Court, pursuant to Chapter 47 and Section 26.012(2) (g), Florida Statutes, and Article V of the Florida c:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint .wpd Constitution, because the real property which is the subject of this litigation is located in Orange County. 3. Plaintiff is a Florida corporation which at all times relevant hereto was authorized to transact business in the State of Florida. 4 OWNER is a resident and citizen of Orange County, Florida residing at 5054 Latrobe Drive, Windermere, FL 34786. 5 Plaintiff, prior to the institution of this action, performed all conditions precedent to bringing this cause of action or such conditions have been waived or excused. 6 Plaintiff, prior to the institution of this action, performed all conditions precedent to bringing this cause of action. 7 Plaintiff, prior to the institution of this action, performed all conditions precedent to perfecting its construction lien sought to be foreclosed herein. 8. OWNER is the owner of the real property which is the subject of this action situated and lying in Orange County, Florida, to wit: Lot 19, Isleworth, according to the plat thereof as recorded in Plat Book 16, Pages 118 to 130, Public Records of Orange County, Florida; C:\DOC\A-H\B\Booths Cobblestones 377\141 Hsu\Pleadings\complaint .wpd Page 2 of 9 Together with: That part of Lot 1, Isleworth First Amendment, according to the plat thereof as recorded in Plat Book 33 Pages 135 through 149, Public Records of Orange County, Florida, as more particularly described in that certain Special Warranty Deed recorded in Official Records Book 10563, beginning at Page 5535, Public Records of Orange County, Florida. 9. OWNER is the record titleholder of that certain real property described hereinabove as a result of the recordation of a Special Warranty Deed on May 2, 2013, in Official Records Document Number 20130235867, Public Records of Orange County, Florida. 10. A copy of said Special Warranty Deed referred to hereinabove is attached hereto and incorporated herein by reference as Exhibit "A". a1. Plaintiff, prior to the institution of this action, performed all statutory prerequisites to bringing this cause of action. 12. OWNER failed to cause to be recorded a Notice of Commencement in the Public Records of Orange County, Florida for the construction of improvements by the Plaintiff to her home on the real property described hereinabove as required by Section 713.13, Florida Statutes. 13. On or about December 14, 2016, OWNER entered into a written contract with Plaintiff for Plaintiff to provide the C:\DOC\A-M\B\Booths Cobbiestones 377\141 Hsu\Pleadings\Complaint .wpd Page 3 of 9 provision and installation of pavers on the real property described hereinabove (hereinafter sometimes referred to as the “project”). 14. A scanned copy of the executed written contract referred to hereinabove is attached hereto and incorporated herein by reference as Exhibit vB’, 15. A legible copy of the contract terms and conditions prior to execution is attached hereto and incorporated herein by reference as Exhibit xo", 16. Pursuant to the contract between Plaintiff and OWNER, Plaintiff provided the construction labor and materials in accordance therewith for the project. 17. Plaintiff furnished the first of the labor and construction materials for incorporation into the project, pursuant to the contract with OWNER on March 6, 2017. 18. Plaintiff furnished the last of the labor and construction materials for incorporation into the project, pursuant to the contract with OWNER on March 24, 2017. 19. The labor and construction materials furnished by Plaintiff for incorporation into the project, pursuant to the contract between Plaintiff and OWNER, have a total agreed value of Thirty-Seven Thousand Ninety-Seven and 75/100 Dollars ($37,097.75). 20. Of the total agreed value of Thirty-Seven Thousand Ninety-Seven and 75/100 Dollars ($37,097.75) referred to in the :\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint upd Page 4 of 9 preceding paragraph, Twelve Thousand Two Hundred Fifty-Eight and 65/100 Dollars ($12,258.65) remains unpaid. 21. Prior to the filing of this action, Plaintiff made numerous demands to OWNER and her attorney, Beth-Ann Schulman, however payment of the Twelve Thousand Two Hundred Fifty-Eight and 65/100 Dollars ($12,258.65) referred to hereinabove has not been made. 22. On May 25, 2017, Plaintiff timely recorded a construction lien in the Official Public Records of Orange County, Florida, at the office of the Orange County Comptroller, for the outstanding indebtedness of Twelve Thousand Two Hundred Fifty-Eight and 65/100 Dollars ($12,258.65). 23. A copy of the construction lien referred to in the preceding paragraph is attached hereto and incorporated herein by reference as Exhibit "D". 24. On May 31, 2017, Plaintiff timely served a copy of its construction lien referred to hereinabove on OWNER by United States Postal Service certified mail return receipt, in accordance with Chapter 713, Part I, Florida Statutes. 25. The copy of the construction lien referred to hereinabove is deemed served on OWNER on May 31, 2017, pursuant to Section 713.18(3) (a), Florida Statutes, as a result of it being returned by the United States Postal Service as “unclaimed” as evidenced by the C:\BOC\A-H\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint .wpd Page 5 of 9 United States Postal Service Tracking Information, a copy of which is attached hereto and incorporated herein by reference as Exhibit YE", 26. The construction lien is in proper statutory form. 27. Plaintiff completed supplying all labor and construction materials pursuant to the contract between Plaintiff and OWNER for the amount set forth in the construction lien at issue herein, and OWNER accepted and incorporated Plaintiff's labor and construction materials into the project. 28. On June 22, 2017, Plaintiff served its Contractor’s Final Payment Affidavit on Attorney Beth-Ann Schulman as representative and attorney for OWNER by United States Postal Service Certified Mail return receipt in accordance with Chapter 713, Part I, Florida Statutes. 29. A copy of the Contractor's Final Payment Affidavit referred to hereinabove is attached hereto and incorporated herein by reference as Exhibit “F”. 30. The Contractor’s Final Payment Affidavit referred to hereinabove was received by Beth-Ann Schulman as representative and attorney for OWNER at 10:18 a.m. on June 26, 2017, as evidenced by the United States Postal Service Certified Mail return receipt for same and the United States Postal Service Certified Mail C:\DOC\A~H\B\Booths Cobblestones 377\14) Hsu\Pleadings\complaint upd Page 6 of 9 Confirmation of Delivery, copies of which are attached hereto and incorporated herein by reference as Exhibits “G” and “H”. 31. In accordance with Section 713.22, Florida Statutes, Plaintiff timely filed this action within one year after the recordation of its construction lien. 32. Plaintiff, prior to the institution of this action, complied with all conditions precedent under the contract to perfect its construction lien sought to be foreclosed herein. 33. Plaintiff, prior to the institution of this action, complied with all statutory prerequisites under the laws of Florida to perfect its construction lien sought to be foreclosed herein. 34. There is now due and owing to Plaintiff for the construction labor and materials the sum of Twelve Thousand Two Hundred Fifty-Eight and 65/100 Dollars ($12,258.65), together with interest thereon at the rate of 18% per annum from March 24, 2017. 35. Plaintiff has been required to retain the services of the undersigned law firm and has promised to pay it a reasonable attorney's fee for the prosecution of this action, for which OWNER is liable in accordance with Section 713.29, Florida Statutes. 36. Plaintiff states that a reasonable attorney’s fee to be taxed against OWNER in the event Plaintiff obtains a default judgment after clerk’s default against OWNER is a sum not exceeding $10,000.00. C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint .wpd Page 7 of 9 37. The Notice Required by the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692, which may be applicable to this cause, is attached hereto and incorporated herein by reference as Exhibit "I". WHEREFORE, Plaintiff requests that this Honorable Court: (a) Find a lien to exist in favor of Plaintiff upon the real property described hereinabove for the payment of the outstanding indebtedness in the amount of Twelve Thousand Two Hundred Fifty- Eight and 65/100 Dollars ($12,258.65), together with interest thereon at the rate of 18% per annum from March 24, 2017, court costs and attorney’s fees; (b) Provide OWNER an opportunity to pay these sums within the time set by this Court; (c) Order that in default of payment of the aforementioned sum due to Plaintiff, the above described real property be sold free and clear of the claims of all Defendants at judicial sale in accordance with Florida law, that the costs of the sale be first paid out of the proceeds thereof and the remainder be applied to the sum due to Plaintiff, so far as it will suffice; (d) Enter a judgment decree for any deficiency against OWNER in accordance with Section 713.28(3), Florida Statutes; (e) Declare that, if it be determined that Plaintiff does not have a valid and subsisting lien on the real property for the full C:\DOC\A-M\B\Booths Cobblestones 377\141 Hsu\Pleadings\Complaint .wpd Page 8 of 9 amount due, Plaintiff have a personal judgment against OWNER in accordance with Section 713.28(1), Florida Statutes; and (f£) Provide such other and further relief as this C rt deems just and proper. Dated this 31st day of August, 2017, BARRY ON PROFESSIOl ATION He By BARRY, , ESQUIRE Fle 0814199 5) rt and Ave., Suite 305 M itland, 32751 Florida 07/645-4500 Primary e-mail address: b k@barrykalmanson. com Secondary e-mail address: s ugg@barrykalmanson.com Attorney for Plaintiff €:\DOC\A-M\B\Rooths Cobblestones 377\141 Hsu\Pleadings\Complaint .wpd Page 9 of 9 EXHIBIT “A” EXHIBIT “A” Prepared by and Return to: Dependable Title Services of Florida, Inc. Rebecca I, Petroske DOCH 20130235867 B: 10563 P; 553! 4885 N. Wickham Road, Suite 109 02/2013 25 23:21 PM Page 1 of 3 Ree Fee Melbourne, Florida 32940 Deed Doc 9 030.00 Our File Number: 13-1037 DOR Admin Fi Property Appraiser Parcel ID Number: Intangible, Tax 6 «oe Mort age Star 16-23-28-3899-00-190 Mart Haynie, comptroller prange Count: Te: 9 hEPENDABLE TITLE SERVICES RIA AERA SPECIAL WARRANTY DEED THIS INDENTURE, made this 30th day of April, 2013, between Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, as Trustee for Stanwich Mortgage Loan Trust, Series 2012-13 , whose mailing address is: 1610 E. St. Andrews Place, Suite B150, Santa Ana, CA 92705, hereinafter called the Grantor, and Yi T. Hsu, a married woman, whose mailing address is: 5054 Latrobe Dr., Windermere, Florida 34786, hereinafter called the Grantee, WITNESSETH: That said Grantor, for and in consideration of the sum of $10.00 DOLLARS and other valuable considerations, receipt whereof is hereby acknowledged, does hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, his/her/their heirs and assigns, the following described property, towit: See attached Schedule "A" attached hereto and made a part hereof Subject, however, to all covenants, conditions, restrictions, reservations, limitations, easements and to all applicable zoning ordinances and/and restrictions and prohibitions imposed by governmental authorities, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with the Grantee, that Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor. IN WITNESS WHEREOF, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. ‘Signed, sealed and delivered Christiana Trust, a Division of Wilmington Savings Fund in the presence of: Society, FSB, as Trustee for Stanwich Mortgage Loan Trust, Series 2012-13 By: Carrington Mortgage Services, LLC, Its Attorney-i By: Print Name: Bee Title Greg Schleppy i redy SR.Vice President, Cail Center Operations Carrington Mortgage Services, LLC Print witness name Special Warranty Deed Page | of 3 EXHIBIT_A_ 20130235867 Page 2 of 3 State of California County of Orange FO) IG IN! IMENT was acknowledged before me this 2 day of April, 2013 by aS of Carrington Mortgage Services, LLC, on behalf of said entity, who isPerSonally to my fo has produced as identification. Neiaypobl ——— Pririt Notary Name My Commission Expires: SZ Y AF Notary Seal lax FR cae commission # 1240 Notary Public- Cali L 0 range County j My Comm, Expires May 14, wk ‘Special Warranty Deed Page2 of 3 20130235867 Page 3 of 3 Schedule "A" Lot 19, ISLEWORTH, according to the plat thereof recorded in Plat Book 16, pages 118 to 130, public records of Orange County, Florida. Together with: That part of Lot 1, ISLEWORTH FIRST AMENDMENT, according to the plat thereof, as recorded in Plat Book 33, Pages 135 through 149, Public Records of Orange County, Florida, described as follows: Commence at the Northern most corner of said Lot 1, said corner on a curve concave Southwesterly having a radius of 5302.18 feet, a central angle of 01 degrees, 45 minutes, 34 seconds and a chord bearing of South 63 degrees 09 minutes, 57 seconds East, thence run Southeasterly along the arc of said curve and the Northeastly line of said Lot 1 for a distance 162.82 feet to the point of tangency; thence run South 64 degrees, 02 minutes, 44 seconds East along said line for a distance of 69.40 feet to the Point of Beginning; thence continue South 64 degrees, 02 minutes, 44 seconds East Along said line for a distance of 65.00 feet; thence run South 57 degrees, 50 minutes, 50 seconds West along the Southeasterly line of said Lot 1, also being the Northwesterly line of Lot 19, ISLEWORTH, according to the plat thereof, as recorded in Plat Book 16, Pages 118 through 130, of said Public Records for a distance of 236.81 feet; thence run South 67 degrees, 18 minutes, 19 seconds West along said lines for a distance of 165 feet more or less to the shoreline of Lake Bessie; thence run Northwesterly along said shoreline for a distance of 57 feet more or less to a point lying South 62 degrees, 24 minutes, 47 seconds West 362 feet more or less from said Point of Beginning; thence run North 62 degrees, 24 minutes, 47 seconds East for a distance of 362 feet more or less to the Point ofBeginning. Special Warranty Deed Page 3 of 3 EXHIBIT “BB” BOOTH’S COBBLESTONES, iNC. lc 1297 Howell Branch Road, Winter Park, FL 32789 Phone: (407) 521-2823; Fax (407) 521-2844. SU % be PROPOSAL Project Name: HSU RESIDENCE Prepared by: THOMAS LOHMAN To (ClienO: TYLHSU Date of Proposal: LVI/L6 Job address: 5084 J,4 ROBE DR Proposal Number: City: WINDERMERE zip 34786 Salesperson: 6577) THOMAS LOHMAN Phone (Home): Phone (Work): 407-363-9336 Phone (Cel): Faxt email: dieship@aol.com sare weg PRICE PER FT. TOTAL NSTALLATION OF: DRIVE WAY & APRON( stox IURST SIERRA ) WALK WAY TUSCANY GRANITE, BACK PATIO TEMPLEHURST SIERRA DRIVE WAY TUSCANY DOUBLE BORDER ee $365 430 t $4.15 3.33 PER PER $22,264.75 S144 56 FTRY stays as is 0 SC $0.00 PER $0.00 TIO - 655 80) $4.50 PE $2,947.51 TUSCANY DOUBLE BORDER. 430 sort $3.35 PER $1,440.50 WALK WAYS 965 SQFT $ PER $5,162.75 STEPS BY Q RS 0 LNF $0.00 PER $0.00 DEMO, BAS! 8. AND ETC 6,985 SOFT S085 PER S3,841.75 TOTAL $37,097.75 OPTION § ( PLEASE INITIAL IF AGREEING ) ADD TO TOTAL. CLEAN & SEAL 6,892 SOFT $0.38 PER $3,997.36 CURB if needed UNEP $2 50 $0.00 CUSTOM FIRE PIT GAS BY OTHERS @ $2,385.00 x $2,385.00 PLEASE INITIAL IF AGREEING TO OPTIONS ABOVI EAND ADD TOT OTAL Special Instrnetions: PAVERS TO BE AS NOTED. ALL EXTERIOR EDGES REINFORCED WITH CONCRETE, VEHICULAR Al ‘OHAVE 4° OF BASE AND NON VEHICULAR TO BE 2” OR A3 TO | SAND PORTLAND MIX IF OVER CO RETE. PERMITS & S MPGRINDING ARE NOT INCLUDED IN THIS BID, [Client to mark ail icigation & ust fines. In the event uy underground electieal, wtilities, septic, indscope or ivigation system storing smaterials, the cost to repair is solely the Client. Booth's is not responsible for any sod darnye, stump grinding, tee removalisdamaged white dig or honing wire or seermnit, iPrequired, is not included in this proposal. An administrative fee of $150 U0 plus the costs of the permit, Notice of Commencement and runner $65.00 seit} be added to this proposal if Booths is to pull the peeatit ‘half of the Client, Booth’s Cobblestones teserves the #i to impose & remobilization fee in the event the customer turns crew asvay, or inthe event the job si ‘aot ready at the time specified by client Final billing may include adit charges at contenet pricing-and delivery fees due to customer requests, change orders or errors in plans used by Bootl's Cobblestones for th is of this, te. ‘This Quote is valid for 30 willendar days. By signing below Buyer his read and aaderstands this Proposal aad agrees that Duyer's wiliten aceepiance or Coin ment OT aay work or service under this Proposal shall constitute Buyer's acceptance of all terms und conditions attached Please sign and return at Jonce, Alf terms and conditions proposed by Buyer which are different from or in addition to this Proposal are unacceptable to Seller, are expressly rejected b Her, and shall not become a part of this Proposal.Buyer may terminate this agreement in writing vis US, mail postmarked before ight of the third business day after signing this ay ement In order to initiate order, please send the original proposal signed with a deposit ol 814,039.10 Seller: By: BOOTH'S COBBLESTONES, INC, THOMAS LOHMAN ACCOUNT REPRESENT ATIVE Buyers Signatu DAT! TYLNSU [& Yate ef ve nn a Ab TERMS AND CONDITION $s ATTACHED ARE A PART OF THIS PROPOSAL, BY SIGNING ABOVE, YOU UNDERSTAND HSU RESIGENCE AND AGREE TO THEM i 35,342 BOOTH'S COSBLESTONES. ING. - TERMS AND CONDITIONS oy INER(S) VIL 4, vio! ty 31%y Denesills) sean! in thea Agreenes 63 Be eT als Aptana 1 uror Saccinatinr HOY on sppraese9: sng from enact arch I etylnest u° Other governing ary ‘ath the 0p) 12th week area ier instalation aad 41; Kenp « te phew o site drewrgs ax accileclurst charges sie inice 19 fader “ali seh nainegid teary cae tourctisn re A wewogty moivbeed oath aS yet td bere: inigalin Ines ard tow vo%ge HH est irg, cep 18 aha arty ielgation lives valile.she bsican AFB, MEDITE TE 508 Incudirg bal Avy Imted 19 femevei ot ary atatn, ORS WNT Ihe dark ama MVM RAMEE.AN AL ee ard Inre Hg at ary areas on ely 16DE reverted tom pessor Cam ‘ama Inout Ie GEM Ce.Ge Ol COrEINLZ AT. reeeny ngehy Bc) any eelays ar ot Isher. that (hitp://faq.usps.com/?articleld=220900) Track Another Package + Remove X Tracking Number: 701619700000931 42240 » » Delivery Attempt Product & Tracking Information See Available Actions Postal Product: Features: First-Class Mail® Certified Mail™ Return Receipt See tracking for related item: 9590940216346053232487 (/g0/TrackConfirmAction? tLabels=9590940216346053232487) DATE & TIME STATUS OF ITEM LOCATION July 15, 2017, 9:22 am Business Closed WINTER PARK, FL 32789 as Your item is being held at the Post Office in WINTER PARK, FL 32789 on July 15, 2017 at 9:22 am because the business was closed. The item will be delivered the next delivery day that the business is open. July 14, 2017, 8:51 am Out for Delivery WINTER PARK, FL 32789 t “ EB EXHIBIT a https://tools.usps.com/go/TrackConfirmAction 8/20/2017 USPS.com® - USPS Tracking® Results Page 2 of 5 DATE & TIME STATUS OF ITEM LOCATION July 14, 2017, 8:41 am Sorting Complete WINTER PARK, FL 32789 July 14, 2017, 7:47 am Arrived at Unit WINTER PARK, FL 32789 July 13, 2017, 7:45 pm Arrived at USPS Regional LAKE MARY FL Facility DISTRIBUTION CENTER July 13, 2017, 10:26 am Arrived at USPS Regional ORLANDO FL Facility DISTRIBUTION CENTER July 11, 2017, 11:49 pm Departed USPS Regional FORT MEYERS FL Facility DISTRIBUTION CENTER - July 14, 2017, 8:00 pm Arrived at USPS Regional FORT MEYERS FL Facility DISTRIBUTION CENTER x July 10, 2017, 8:41 am Unclaimed/Being Returned WINDERMERE, FL 34786 to Sender June 2, 2017, 3:07 pm Notice Left (No Authorized WINDERMERE, FL 34786 Recipient Available) June 1, 2017, 8:51 pm Departed USPS Regional ORLANDO FL. Facility DISTRIBUTION CENTER May 31, 2017, 9:12 pm Arrived at USPS Regional ORLANDO FL. Facility DISTRIBUTION CENTER May 31, 2017, 6:35 pm Departed Post Office MAITLAND, FL 32751 https://tools.usps.com/go/TrackConfirmAction 8/20/2017 USPS.com® - USPS Tracking® Results Page 3 of5 DATE & TIME STATUS OF ITEM LOCATION May 31, 2017, 11:10 am USPS in possession of item MAITLAND, FL 32751 See Less A, Available Actions