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Filing # 76571899 E-Filed 08/16/2018 04:02:53 PM
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
LE SCAMPI CONDOMINIUM ASSOCIATION, INC.,
Plaintiff,
v.
Case No.: 18-43—CI
TONI J. SHERMAN; UNKNOWN TENANT #1, the
name being fictitious to account for party in possession;
UNKNOWN TENANT #2, the name being fictitious to
account for party in possession; and ANY AND ALL
UNKNOWN PARTIES claiming by, through, under, and
against the herein named individual defendant(s) who are
not known to be dead or alive, whether said unknown
parties may claim an interest as spouses, heirs, devisees,
grantees, or other claimants,
Defendants.
/
NOTICE OF FILING AFFIDAVIT
Plaintiff, Le Scampi Condominium Association, Inc., by and through its undersigned
counsel, gives notice of filing the following:
1. Affidavit of Matt Dixon in Support of Plaintiff” s Moti n for Summary Judgment.
SHUMAKER, L & KENDRICK, LLP
JONATHAN J. ELLIS, ESQ.
Florida Bar No. 863513
THERESA L. DONOVAN, ESQ.
Florida Bar No. 106571
Post Office Box 172609
Tampa, Florida 33672—0609
Telephone: (813) 229—7600
Facsimile: (813) 229-1660
Primary Email: tdonovannglk-law.com
Secondary Email: khamiltonnglk—lawcom
Counsel for Plaintifl
SLK_TAM:#2892688VI
***ELECTRONICALLY FILED 08/16/2018 04:02:53 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY***
CERTIFICATE OF SERVICE
I HEREBY
the foregoing
CERTIFY
was served
that
via E—portal
on this
and
M
US. Mail
day of August,
upon:
2018 a true and correct copy of
Toni J.Sherman
2714 58‘h Place North
St. Petersburg, FL 33714
\
ARb/mey
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you to the provision of certain assistance.
Within two (2) working days or your receipt of this (describe notice/order) please contact
the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727)
464-4062 (V/TDD). The court does not provide transportation and cannot accommodate for
this service. Persons with disabilities needing transportation to court should contact their
local public transportation providers for information regarding disabled transportation
servnces.
SLK_TAM:#2892688V1
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
LE SCAMPI CONDOMINIUM ASSOCIATION, INC.,
Plaintiff,
v.
Case N0.: 18—43-CI
TONI J. SHERMAN; UNKNOWN TENANT #1, the
name being fictitious to account for party in possession;
UNKNOWN TENANT #2, the name being fictitious to
account for party in possession; and ANY AND ALL
UNKNOWN PARTIES claiming by, through, under, and
against the herein named individual defendant(s) who are
not known to be dead or alive, whether said unknown
parties may claim an interest as spouses, heirs, devisees,
grantees, or other claimants,
Defendants.
/
AFFIDAVIT OF MATT DIXON IN SUPPORT
OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
STATE OF FLORIDA )
COUNTY OF PINELLAS ;
BEFORE ME this day personally appeared, MATT DIXON, who upon oath, deposes on
personal knowledge and says:
1. This Affidavit is submitted in support of the Motion for Summary Judgment filed
by Plaintiff, LE SCAMPI CONDOMINIUM ASSOCIATION, INC. (the “Association”).
2. My name is MATT DIXON. I am over the age of 18 and competent to testify in
)
this matter.
3. I am currently the President of the Board of Directors for the Association, and I
have personal knowledge of the facts set forth in this Affidavit.
SLK_TAM:#287]293VI 1
4. The information contained in this Affidavit is either based on my personal
knowledge or derived from the Association’s business records which are or were made at or near
the time by or from information transmitted by a person with knowledge and which are kept in
the course of the Association’s regularly conducted business activities. The books, records, and
documents that I have examined are in my custody, supervision, or control and are complete,
accurate, and éorrect. This includes the Association’s business records transferred from the prior
Property Management Company, if applicable.
5. The Association is a Florida not—for-profit corporation and condominium
association governed by Chapter 718, Florida Statutes, and doing business in Pinellas County,
Florida.
6. The Association is governed by the Proposed Declaration of Condominium of Le
Scampi (“Declaration”) as recorded in Official Records Book 5297, Page 1536 et seq, of the
Official Records of Pinellas County, Florida, as amended and supplemented from time to time.
7. According to the Association’s records, TONI J. SHERMAN (the “Property
Owner”) is the owner of certain real estate (the “Property”) located in the Association at 19010
Gulf Blvd., #201, Indian Shores, Florida 33785, which is described as follows:
That certain condominium parcel composed of Unit 201 and an
undivided interest or share in the common elements
appurtenant thereto, in accordance with and subject to the
covenants, conditions, restrictions, easements, terms and other
provisions of the Declaration of Condominium of Le Scampi, a
Condominium and exhibits attached thereto, all as recorded in
Official Records Book 5297, Pages 1536, et seq., and the plat
thereof recorded in Condominium Plat Book 57, Pages 97
through 101, inclusive, together with such additions and
amendments to said Declaration and Condominium Plat as
from time to time may be made, all as recorded in the public
records of Pinellas County, Florida.
SLK_TAM:#2871293V1 2
8. The Association has made assessments for common expenses and special
assessments against the Property.
9. The Property Owner has failed to pay these assessments in full as they became due
and payable despite demand by the Association for payment of these assessments.
10. As a result of the Property Owner’s failure to pay assessments, the Association,
pursuant to section 718.116(5)(a), Florida Statutes, and Section 7.10 of the Declaration, recorded an
Amended Claim of Lien against the Property on November 21, 2017 in Official Records Book
19849, Page 2554 of the public records of Pinellas County, Florida.
11. As of August 7, 2018, unpaid assessments forcommon expenses in the amount of
$26,300.00 and unpaid special assessments in the amount of $77,570.20 remain due on the
Property, plus interest at the rate of eighteen percent (18%) per annum in the amount of $18,199.00,
and late fees at the rate of $25.00 per delinquent assessment or installment in the amount of
$525.00, plus attorneys” fees and costs incident to the collection of the unpaid assessments.
Additional assessments, interest, late fees; and attorneys’ fees and costs continue to accrue.
12. Partial payments received on this account have been applied pursuant to Section
7.11 of the Declaration, Article IX, Section 3 0f the By—laws, and Fla. Stat. § 718.1168), first to any
interest accrued by the Association, then to any administrative late fee, then to any costs and
reasonable attorneys’ fees incurred in collection, and then to the delinquent assessment.
13. An Association ledger isattached and made a part hereof as Exhibit A. The ledger
is attached to Show the amount and due date of assessments.
14. The Association has suffered and will continue to suffer damages caused by the
Property Owner‘s failure to comply with the obligations set forth by the Declaration.
SLK'TAM:#2871293VI 3
15. The Association has retained the services of Shumaker, Loop & Kendrick. LLP
and is obligated to pay ita reasonable fee
FURTHER, AFFIANT. SAYETH NAUGHT.
The instmmem was swam and me JD
-to
foregoing to subscribed before this day of
Flagggi’ __ 2013. by MATT DIXON, who me or did produce
as identification and who did take an oath.
:EW
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vs“ "I
2° ‘9‘
Sum 01 Fiofida
Notary Public
John 8 Bond
'
(36 109879
< My Cammusim
"$0, $049Expires 0811812021
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Preview
Filing # 76571899 E-Filed 08/16/2018 04:02:53 PM IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION LE SCAMPI CONDOMINIUM ASSOCIATION, INC., Plaintiff, v. Case No.: 18-43—CI TONI J. SHERMAN; UNKNOWN TENANT #1, the name being fictitious to account for party in possession; UNKNOWN TENANT #2, the name being fictitious to account for party in possession; and ANY AND ALL UNKNOWN PARTIES claiming by, through, under, and against the herein named individual defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, devisees, grantees, or other claimants, Defendants. / NOTICE OF FILING AFFIDAVIT Plaintiff, Le Scampi Condominium Association, Inc., by and through its undersigned counsel, gives notice of filing the following: 1. Affidavit of Matt Dixon in Support of Plaintiff” s Moti n for Summary Judgment. SHUMAKER, L & KENDRICK, LLP JONATHAN J. ELLIS, ESQ. Florida Bar No. 863513 THERESA L. DONOVAN, ESQ. Florida Bar No. 106571 Post Office Box 172609 Tampa, Florida 33672—0609 Telephone: (813) 229—7600 Facsimile: (813) 229-1660 Primary Email: tdonovannglk-law.com Secondary Email: khamiltonnglk—lawcom Counsel for Plaintifl SLK_TAM:#2892688VI ***ELECTRONICALLY FILED 08/16/2018 04:02:53 PM: KEN BURKE, CLERK OF THE CIRCUIT COURT, PINELLAS COUNTY*** CERTIFICATE OF SERVICE I HEREBY the foregoing CERTIFY was served that via E—portal on this and M US. Mail day of August, upon: 2018 a true and correct copy of Toni J.Sherman 2714 58‘h Place North St. Petersburg, FL 33714 \ ARb/mey If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance. Within two (2) working days or your receipt of this (describe notice/order) please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Ste. 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD). The court does not provide transportation and cannot accommodate for this service. Persons with disabilities needing transportation to court should contact their local public transportation providers for information regarding disabled transportation servnces. SLK_TAM:#2892688V1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION LE SCAMPI CONDOMINIUM ASSOCIATION, INC., Plaintiff, v. Case N0.: 18—43-CI TONI J. SHERMAN; UNKNOWN TENANT #1, the name being fictitious to account for party in possession; UNKNOWN TENANT #2, the name being fictitious to account for party in possession; and ANY AND ALL UNKNOWN PARTIES claiming by, through, under, and against the herein named individual defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs, devisees, grantees, or other claimants, Defendants. / AFFIDAVIT OF MATT DIXON IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT STATE OF FLORIDA ) COUNTY OF PINELLAS ; BEFORE ME this day personally appeared, MATT DIXON, who upon oath, deposes on personal knowledge and says: 1. This Affidavit is submitted in support of the Motion for Summary Judgment filed by Plaintiff, LE SCAMPI CONDOMINIUM ASSOCIATION, INC. (the “Association”). 2. My name is MATT DIXON. I am over the age of 18 and competent to testify in ) this matter. 3. I am currently the President of the Board of Directors for the Association, and I have personal knowledge of the facts set forth in this Affidavit. SLK_TAM:#287]293VI 1 4. The information contained in this Affidavit is either based on my personal knowledge or derived from the Association’s business records which are or were made at or near the time by or from information transmitted by a person with knowledge and which are kept in the course of the Association’s regularly conducted business activities. The books, records, and documents that I have examined are in my custody, supervision, or control and are complete, accurate, and éorrect. This includes the Association’s business records transferred from the prior Property Management Company, if applicable. 5. The Association is a Florida not—for-profit corporation and condominium association governed by Chapter 718, Florida Statutes, and doing business in Pinellas County, Florida. 6. The Association is governed by the Proposed Declaration of Condominium of Le Scampi (“Declaration”) as recorded in Official Records Book 5297, Page 1536 et seq, of the Official Records of Pinellas County, Florida, as amended and supplemented from time to time. 7. According to the Association’s records, TONI J. SHERMAN (the “Property Owner”) is the owner of certain real estate (the “Property”) located in the Association at 19010 Gulf Blvd., #201, Indian Shores, Florida 33785, which is described as follows: That certain condominium parcel composed of Unit 201 and an undivided interest or share in the common elements appurtenant thereto, in accordance with and subject to the covenants, conditions, restrictions, easements, terms and other provisions of the Declaration of Condominium of Le Scampi, a Condominium and exhibits attached thereto, all as recorded in Official Records Book 5297, Pages 1536, et seq., and the plat thereof recorded in Condominium Plat Book 57, Pages 97 through 101, inclusive, together with such additions and amendments to said Declaration and Condominium Plat as from time to time may be made, all as recorded in the public records of Pinellas County, Florida. SLK_TAM:#2871293V1 2 8. The Association has made assessments for common expenses and special assessments against the Property. 9. The Property Owner has failed to pay these assessments in full as they became due and payable despite demand by the Association for payment of these assessments. 10. As a result of the Property Owner’s failure to pay assessments, the Association, pursuant to section 718.116(5)(a), Florida Statutes, and Section 7.10 of the Declaration, recorded an Amended Claim of Lien against the Property on November 21, 2017 in Official Records Book 19849, Page 2554 of the public records of Pinellas County, Florida. 11. As of August 7, 2018, unpaid assessments forcommon expenses in the amount of $26,300.00 and unpaid special assessments in the amount of $77,570.20 remain due on the Property, plus interest at the rate of eighteen percent (18%) per annum in the amount of $18,199.00, and late fees at the rate of $25.00 per delinquent assessment or installment in the amount of $525.00, plus attorneys” fees and costs incident to the collection of the unpaid assessments. Additional assessments, interest, late fees; and attorneys’ fees and costs continue to accrue. 12. Partial payments received on this account have been applied pursuant to Section 7.11 of the Declaration, Article IX, Section 3 0f the By—laws, and Fla. Stat. § 718.1168), first to any interest accrued by the Association, then to any administrative late fee, then to any costs and reasonable attorneys’ fees incurred in collection, and then to the delinquent assessment. 13. An Association ledger isattached and made a part hereof as Exhibit A. The ledger is attached to Show the amount and due date of assessments. 14. The Association has suffered and will continue to suffer damages caused by the Property Owner‘s failure to comply with the obligations set forth by the Declaration. SLK'TAM:#2871293VI 3 15. The Association has retained the services of Shumaker, Loop & Kendrick. LLP and is obligated to pay ita reasonable fee FURTHER, AFFIANT. SAYETH NAUGHT. The instmmem was swam and me JD -to foregoing to subscribed before this day of Flagggi’ __ 2013. by MATT DIXON, who me or did produce as identification and who did take an oath. :EW , vs“ "I 2° ‘9‘ Sum 01 Fiofida Notary Public John 8 Bond ' (36 109879 < My Cammusim "$0, $049Expires 0811812021 SLKW'I‘AMHQRHNBVI 4