Preview
19- 744CA
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE HISTORY
Page 1 of 2
CASE NUMBER: 18000546CC
PARTIES
Type Name _ Address
PLIF OSBORNE, TOM 211. TARPON BLVD
PORT CHARLOTTE,FL 33952
ATT/ PLTF LUCAS, JASON MICHAEL 17833 MURDOCK CIR
(OSBORNE, TOM) SUITE B
PORT CHARLOTTEFL 33948
JDG BURNS, JOHN L
DEF SEELY, WILLIAM 122 BEDFORD DRIVE NE
PORT CHARLOTTE,FL 33952
DEF SEELY, APRIL 3529 PEACE RIVER DRIVE
PUNTA GORDA,FL 33983
FEES
DATE ASSESSED _ FEE Total Paid Outstanding
06/08/2018 DAMAGES - CC $300.00 $300.00 $0.00
06/08/2018 SUMMONS ISSUED - CNTY CIV $20.00 $20.00 $0.00
$320.00 $320.00 $0.00
——se ee
DATE PROGRESS OF CASE DOCKET - EVENTS
CRRBET TBs Tue anid comect
12/05/2018 03:00 PS. CIVIL HEARING PM
04/24/2019 01:30 Ph CIVIL HEARING PM apy he oral document cn fis
DATE DOCKETS alg
06/08/2018 CASE FILED 06/08/2018 CASE NUMBER 18000546Cd
06/08/2018 CIVIL COVER SHEET Clerk of the Ciruit Court
06/08/2018 COMPLAINT :
06/08/2018 SUMMONS ISSUED FOR APRIL SEELY 6/8/18 Cher
06/08/2018 SUMMONS ISSUED FOR WILLAIM SEELY 6/8/18
06/08/2018 PAYMENT $320.00 RECEIPT #2018034413
06/19/2018 RETURN OF SERVICE - SERVED JUNE 19, 2018 @ 11:30AM ON APRIL SEELY
06/19/2018 RETURN OF SERVICE - SERVED JUNE 19, 2018 @ 11:30AM ON WILLIAM SEELY
(SUBSTITUTE SERVED TO APRIL SEELY AS WIFE) co 8
06/21/2018 RESPONSE WILLIAM & APRIL SEELEY In lCUS “Tl
10/24/2018 SWORN MOTION FOR SUMMARY FINAL JUDGMENT 222 €
10/24/2018 AFFIDAVIT AS TO ATTORNEY'S FEES AND COSTS ase 5
10/24/2018 AFFIDAVIT OF DISINTERESTED ATTORNEY AS TO REASONABLENESS@P™ o |
PLAINTIFF'S ATTORNEY'S LEGAL FEES Ber. 5 m
10/25/2018 NOTICE OF HEARING ON MOTION FOR SUMMARY JUDGMENT 12/5/2068 S301 = ;
120572018 ADDRESS CHANGE =z oc OO
12/05/2018 COURT MINUTES - CT-MOTION DENIED W/O PREJUDICE a a
53IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE HISTORY Page 2 of 2
CASE NUMBER: 18000546CC
DATE DOCKETS
04/04/2019 MOTION FOR LEAVE OF COURT TO AMEND COMPLAINT AND MOTION TO
TRANSFER CASE TO CIRCUIT COURT
04/04/2019 AMENDED COMPLAINT
04/08/2019 NOTICE OF HEARING - 4/24/19 1:30PM
04/24/2019 COURT MINUTES - LEAVE TO AMEND - DEF FAILED TO APPEAR - CT GRANTS
TRANSFER TO CIRCUIT
05/21/2019 COVER LETTER TO CLERK FROM ATTORNEY
05/21/2019 ORDER GRANTING MOTION TO TRANSFER CASE TO CIRCUIT
05/22/2019 ORDER GRANTING MOTION TO TRANSFER CASE TO CIRCUIT - RECORDED
(0.444 1.147 / 2711734)
06/27/2019 COVER LETTER TO JUDGE FROM ATTORNEY
06/27/2019 AMENDED ORDER TO TRANSFER CASE TO CIRCUIT COURTFiling # 73296524 E-Filed 06/08/2018 12:51:43 PM
FORM 1.997. CIVIL COVER SHEET
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings or other papers as required by law. This form shall be filed by the plaintiff or petitioner for the use of the Clerk
of the Court for the purpose of reporting judicial workload data pursuant to Florida Statues section 25.075.
L CASE STYLE
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY FLORIDA
CIVIL ACTION
TOM OSBORNE,
Plaintiff,
18000546CC
vs. Case No.:
WILLIAM SEELY AND APRIL SEELY,
Defendants.
u TYPE OF CASE
(If the case fits more than one type of case, select the most definitive category.) If the most descriptive
label is a subcategory (Is indented under a broader category), place an “x” in both the main category and
subcategory boxes.
Condominium
Contracts and indebtedness
Eminent domain
Auto negligence
Negligence — other
Business governance
Business torts
Environmental/Toxic tort
QO Third party indemnification
Construction defect
OQ Mass tort
O Negligent security
a
a
a
PI
ooaoxa
ooa
Nursing home negligence
Premises liability — commercial
Premises liability — residential
roducts liability0 Real Property/Mortgage foreclosure
oooo0a0
ooo00qgo0o00n
Commercial foreclosure $0 - $50,000
Commercial foreclosure $50,001 - $249,999
Commercial foreclosure $250,000 or more
Homestead residential foreclosure $0 - $50,000
Homestead residential foreclosure
$50,001 - $249,999
Homestead residential foreclosure $250,000 or more
Non-homestead residential foreclosure $0 - $50,000
Non-homestead residential foreclosure $50,001 - $249,999
Non-homestead residential foreclosure $250,00 or more
Other real property actions $0 - $50,000
Other real property actions $50,001 - $249,999
Other real property actions $250,000 or more
O Professional malpractice
oO
o
oO
Malpractice — business
Malpractice — medical
Malpractice — other professional
Q Other
ooogo0g0ncnnocgoooon0
vi.
Antitrust/Trade Regulation
Business Transaction
Constitutional challenge-statute or ordinance
Constitutional challenge-proposed amendment
Corporate Trusts
Discrimination-employment or other
Insurance claims
Intellectual property
Libel/Slander
Shareholder derivative action
Securities litigation
Trade secrets
Trust litigation
REMEDIES SOUGHT (check all that apply):
0 Monetary;
Non-monetary declaratory or injunctive relief;
QO Punitive
NUMBER OF CAUSES OF ACTION: ( 1 )
(Specify)
1S THIS CASE A CLASS ACTION LAWSUIT?
O Yes
X No
HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED?
X No
0 Yes — If “yes” list all related cases by name, case number and court:ey
vil. IS JURY TRIAL DEMANDED IN COMPLAINT?
0 Yes
X No
| CERTIFY that the information | have provided in this cover sheet is accurate to the best of my knowledge and belief.
Signature:, /s/ JASON M, LUCAS Fla. Bar #___ 0344842
Attorney or Party (if attorney)
M Date:___ 06/08/18
Type or print nameFiling # 73296524 E-Filed 06/08/2018 12:51:43 PM J
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY FLORIDA
CIVIL ACTION
TOM OSBORNE,
Plaintiff,
vs. Case No.: 180005466
WILLIAM SEELY AND APRIL SEELY,
Defendants.
/
COMPLAINT
COMES NOW the plaintiff, TOM OSBORNE, (Plaintiff), by and through undersigned
counsel, sues the defendants, WILLIAM SEELY AND APRIL SEELY, (Defendants), and alleges
as follows, to wit:
COUNT 1 - DAMAGES
1, This is an action by Plaintiff against Defendants for damages, the value of which
do not exceed $15,000.00.
2. Defendants, WILLIAM SEELY AND APRIL SEELY are individuals who were
residing in Charlotte County, Florida.
3. Venue is appropriate in a Charlotte County, Florida Court,
4. This Court has jurisdiction over the claims set forth herein.
5. Plaintiff is the fee simple owner of real Property that is partially the subject of
this action, which is located at 19178 Midway Boulevard, Port Charlotte, FL 33948 (hereinafter
referred to as the “Subject Property”).
6. Plaintiff and Defendants were parties to a lease agreement (hereinafter referred to
as the “Lease Agreement”), pursuant to which, Defendants resided in the Subject Property, whichthey rented from Plaintiff. A true and correct copy of the lease Agreement is attached hereto as
Exhibit A.
7. Defendants caused significant damage to the Subject Property, which was not
present when Defendants initially took possession of the Subject Property pursuant to the lease.
8. Because Defendants have caused significant damages to the Subject Property, all
in breach of their contract with Plaintiff, Plaintiff has been damaged.
9. All conditions precedent to the maintenance of this action have occurred.
10. Plaintiff has retained the undersigned attorney and is obligated to pay a
reasonable fee for his services.
WHEREFORE, Plaintiff demands judgment against Defendants for damages, attorney’s
fees, pursuant to Fla. Stat. ch. 83, and costs of this action.
DATED this_‘)_day of Qh 2018.
THE LUCAS LAW FIRM, P.A.
— = Esquire
Attorney fdr Plaintiff
Florida Bar Number 0344842
17833 Murdock Circle, Suite B
Port Charlotte, FL 33948
Tel. (941) 206-2120
Fax. (941) 206-2122~
“y8L [030 001799
|
RESIDENTIAL LEASE
This agreement, made this 23 day of October 2014) between Thomas Osborne,
hereinafter referred to as the LANDLORD, and William and April Seeley, hereinafter
referred to as the TENANT, concerning the lease of the following property: a single
family residence located at 19178 Midway Blvd., Poer Charlotte, Fl 33948 is agreed to
by and shall bind the TENANT, its heirs, estate, or legally appointed representatives.
TENANT as herein used shall include all persons to whom this property is leased.
LANDLORD as herein used shall include the owner(s) of the premises, its heirs, assigns
or representatives and/or any agent(s) designated by oH owner(s).
TERM OF LEASE: 4 November 2014 to 3 October\2015. If for any reason
LANDLORD cannot deliver possession of the premises to TENANT by the beginning
date, the beginning date may be extended up to 30 days or lease voided at LANDLORD’S
option without LANDLORD being liable for any ses caused by such delay or
termination.
i
OCCUPANTS; Only the following individuals shall d upy the premises unless written
consent of the LANDLORD is obtained: William Seeley and April Seeley, Caitlin
Seeley, Liberty Seeley, and Faith Seeley. j
A reasonable number of guests may occupy the premises without prior written consent if
stay is limited to 72 hours.
RENT; TENANT agrees to pay monthly rent amount of $1100.00 plus any applicable
sales tax as rent on the 4th day of each month in ice without demand to Thomas
Osborne, 211 E. Tarpon Blvd, Port Charlotte, Fl. PHone number 941-766-8645,
Rent must be received by LANDLORD or its desi agent on or before due date. A
late fee of $110.00 plus N/A per day thereafter shall be due as additional rent if
TENANT fails to make payment on or before the 9th Hay of each month. Cash
payments are accepted. If TENANT’S check is dishonored, all future payments must be
made by money order or cashier’s check; dishonored ks will be subject to the greater
of 5% of the check amount or a $30.00 charge as additibnal rent. If LANDLORD has
actual knowledge that there are insufficient funds to cover a check, rent will be
considered unpaid. LANDLORD may serve TENANT with a Three Day Notice and will
not be required to deposit the check. Third party are not permitted. Time is of the
essence. The imposition of late fees and/or dishonored check charges is not a substitution
or waiver of available Florida law remedies. If rent is not received by the 20th day of
each month, LANDLORD may serve a Three Day Noti¢e on the next day or any day
thereafter as allowed by law, and Landlord has the right|to demand that late payments
shall only be in the form of a money order or a certified|check. All signatories to this
lease are jointly and severally responsible for the fait performance of this lease. All6
ASSIGNMENTS: TENANT shall not assign this lease or sublet the premises or any part
thereof. Any unauthorized transfer of interest by the [ANT shall be a breach of this
agreement.
APPLICATION: If TENANT has filled out a rental Application, any misrepresentation
made by the TENANT in same will be a breach of this agreement and LANDLORD may
terminate the tenancy.
FIXTURES AND ALTERATIONS: TENANT must obtain prior written consent from
LANDLORD before painting, installing fixtures, ing alterations, additions or
improvements and if permission granted, same shall me the LANDLORD’S property
and shall remain on the premises at the termination of the tenancy.
USE OF PREMISES: TENANT shall maintain the premises in a clean and sanitary
condition and not disturb surrounding residents or the ful and quiet enjoyment of the
premises or surrounding premises. TENANT shall install window shades or draperies
(no foil, sheets, paper, etc. allowed) within 15 days of taking occupancy if not already
provided. Premises are to be used and occupied by the tenant only for residential, non
business, private housing purposes. TENANT shall nat operate any day care or child
sitting service on the premises. TENANT shall secure|insurance immediately for any
water filled devices with a loss payable clause to LORD. No trampolines, athletic
equipment, recreational equipment, or any items or activities which can cause
interference with the insurance coverage on the premises will be permitted.
Smoking: Smoking is permitted on the porch, lanai,
available but NOT permitted inside the premises.
d patio areas if present or
I be at the risk of the TENANT
r any damage to said property of
rain or wind damage, acts of
ing or leaking of water pipes.
RISK OF LOSS: All TENANTS’ personal property
or owner thereof and LANDLORD shall not be liable
the TENANT arising from criminal acts, fire, storm,
negligence of any person whomsoever, or from the bi
TENANT is strongly urged to secure insurance for
DEFAULT: (1) Failure of TENANT to pay rent or an’
TENANT’S violation of any other term, condition, or covenant of this lease (and if
applicable, attached rules and regulations), condominit by-laws or neighborhood deed
restrictions or (3)failure of TENANT to comply with any Federal, State/or Local laws,
rules and ordinances, or (4) TENANT’S failure to move into premises or TENANT’S
abandonment of the premises, shall constitute a default|by TENANT. Upon default,
TENANT shall owe LANDLORD rent and all sums as the become due under the terms of
this lease and any addendums attached hereto and any and all amounts owed to
LANDLORD as permitted by Florida law. If the TEN. abandons or surrenders
possession of the premises during the lease term or any|renewals, or is evicted by the
LANDLORD, LANDLORD may retake possession of the premises and make a good
faith effort to rerent it for the TENANT account. ing of possession shall not
additional rent when due, or (2)—)
\v
\
\v
(880 [630 24999
constitute a rescission of this lease nor a surrender of
leasehold estate. If
TENANT(S) breach this lease agreement, in addition to any other remedies available by
law and this lease agreement, TENANT(S) shall be responsible for any leasing fee or
commission charge which LANDLORD may incur in
mpting to re-lease the premises
through a licensed real estate company. If TENANT(S) actions or inactions result in any
fines, attorneys fees, costs or charges from or imposed|by a condo association or
homeowners association if in place, TENANT shall
in default of this lease and shall be
immediately required to pay such sums as additional rent.
i
ATTORNEYS FEES: If LANDLORD employs an attorney due to TENANT’S
violation of the terms and/or conditions of this lease,
all costs and reasonable attorney’s fees as incurred by
suit is filed. LANDLORD and TENANT waive the ri
concerning any litigation between LANDLORD and
[ANT shall be responsible for
¢ LANDLORD whether of not
it to demand a jury trial
ANT.
UTILITIES: LANDLORD is responsible for providing the following utilities only:
N/A. The TENANT agrees to any and all charges and
TENANT agrees to have all accounts for utilities imm
name with accounts kept current throughout occupancy.
e time TENANT takes occupancy,
lity service be terminated.
is responsible for are still in LANDLORD’S name at
TENANT agrees that LANDLORD shall order such
VEHICLES: Vehicles must be currently licensed, 0
operational, and properly parked. TENANT agrees to
leposits for all utilities and
ately placed in TENANT’S
If the utilities which TENANT
ed by TENANT, registered,
ide by all parking rules
established now or in the future by LANDLORD or cohdo/homeowner association’s
rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats, or
commercial vehicles are allowed on or about the premi
without LANDLORD’S prior
written approval. TENANT is not to repair or disassemble vehicles on the premises.
Vehicles not meeting the above requirements and additjonal rules of LANDLORD are
unauthorized vehicles subject to being towed at TEN,
expense. Parking on the grass
is prohibited. TENANT agrees to indemnify LANDLORD for any expenses incurred due
to the towing of any vehicle belonging to the guest or i
vitee of TENANT.
MAINTENANCE/INSPECTION: TENANT agrees'that they have fully inspected the
premises and accepts the condition of the premises in “As is” condition with no
warrantees or promises expressed or implied. TENA
P shall maintain the premises in
good, clean, and tenantable condition throughout the tenancy, keeping all plumbing
fixtures in good repair, use all electrical, plumbing, heating/cooling, appliances, and
other equipment in a reasonable manner, removing all g
manner. In the event TENANT or TENANT’S guests g
premises, LANDLORD may at his option repair same a}
expenses of same on demand or LANDLORD may requ
charges incurred as additional rent. TENANT shall be
the A/C FILTERS at TENANT’S expense: TENANT
every six months. In the event a major repair to the pre
jarbage in a clean and sanitary
r invitees cause any damage to
nd TENANT shall pay for the
lire TENANT to repair same, all
fully responsible for maintaining
hall change A/C Filters at least
mises must be made which willA
necessitate the TENANT’S vacating the premises, IDLORD may at his option
terminate this agreement and TENANT agrees to vacate the premises holding the
LANDLORD harmless for any damages suffered if any. TENANT shall notify
LANDLORD immediately of any maintenance or repair needed.
VACATING: At the expiration of this agreement or dny extension, TENANT shall
peaceably surrender the premises and turn in all keys and any other property owned by
LANDLORD leaving the premises in good, clean condition, ordinary wear and tear
excepted. TENANT agrees to have the carpeting cl professionally upon: move out
or will incur a minimum carpet cleaning charge to be deducted from the security deposit
in the amount of $200.00. In the event that all keys are not returned upon move out, there
will be a minimum charge deducted from the security sit in the amount of $250.00
in addition to any cleaning charges or any other charges due under the terms of this lease.
TENANT agrees to a mandatory minimum unit cleaning charge of $175.00 to be
deducted from the security deposit.
RENEWAL: If LANDLORD consents to TENANT rpmaining in the premises after the
natural expiration of the lease, and no new lease is signed, the tenancy will be extended as
a month to month tenancy and may be terminated by [ANT giving written notice not
less than 30 days prior to the end of any monthly pa: it period or LANDLORD giving
written notice not less than 30 days prior to the end of any monthly payment period.
Termination of the tenancy shall occur on the last day of the month. Notice from
TENANT to LANDLORD must be made by certified mail. All other conditions of this
lease shall remain in effect. Failure to give 30 days notice by TENANT prior to the end
of the lease will result in additional liability of TENANT for the following full monthly
rental period in addition to security deposit forfeiture. [f TENANT fails to vacate after
the initial, or any successive consensual periods after termination, TENANT shall
additionally be held liable for holdover (double) rent.
RIGHT OF ENTRY: LANDLORD, upon reasonable notice by telephone, hand delivery
or posting to TENANT, has the right of entry to the premises for showing, repairs,
appraisals, inspections, or any other reason. LANDLORD has immediate right of entry in
cases of emergency, or to protect or preserve the premises. TENANT shall not alter or
add locks without prior written consent of LANDLORD. If consent is given, TENANT
must provide LANDLORD with a key to all locks. LANDLORD may place “For Sale”
or “For Rent” signs on the premises at any time.
CONDEMNATION AND ACTS OF GOD: If for any reason the premises are
condemned by any governmental authority, or damaged through fire, act of God, nature or
accident, this lease shall cease and shall terminate LANDLORD’S obligation as of the
date of such condemnation or destruction and TEN. hereby waives all claims against
LANDLORD for any damages suffered by such conderpnation or destruction. TENANT
agrees that in the event there are hurricane or storm sh on the premises, TENANT
will install same if there is a hurricane or tropical storm watch or warning in effect and/or
at the request of the LANDLORD. If TENANT is unable to perform this task for any~
LYS [030 Ce #95
|
reason, TENANT agrees to notify LANDLORD as sogn as any storm watch or warning is
place into effect.
WAIVERS: The rights of the LANDLORD under this lease shall be cumulative, and
failure on the part of the LANDLORD to exercise promptly any rights given hereunder
shall not operate to forfeit any other rights allowed by this lease or by law.
|
|
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INDEMNIFICATION: TENANT agrees to reimburse LANDLORD upon demand in
the amount of the loss, property damage, or cost of repairs or service(including plumbing
trouble) caused by the negligence or improper use by |ANT, his agents, family, or
guests. TENANT at all times will indemnify and hold|harmless LANDLORD from all
losses, damages, liabilities, and expenses which can be claimed against LANDLORD for
any injuries or damages to the person or property of any persons, caused by the acts,
omissions, neglect, or fault of the TENANT, his agents, family, guests, or arising from
TENANT’S failure to comply with any applicable laws, statutes, ordinances, or
regulations. i
i
|
DISPUTES AND LITIGATION: In the event of a dispute concerning the tenancy
created by this agreement, TENANT agrees that if the jises are being managed by an
agent for the LANDLORD, TENANT agrees to hold agent, its heirs, employees and
assigns harmless and shall look solely to the LANDL' in the event of a legal dispute.
INTEGRATION: This lease, exhibits, and attachments, if any, set forth the entire
agreement between LANDLORD and TENANT concetning the premises, and there are
no covenants, promises, agreements, conditions, or understandings, oral or written
between them other than those herein set forth. If any provision in this agreement is
illegal, invalid, or unenforceable, that provision shall be void but all other terms and
conditions in the agreement shall be in effect.
MODIFICATIONS: No subsequent alteration, amen
lease shall be binding upon LANDLORD unless reduc:
parties. !
ent, change or addition to this
to writing and signed by the
RADON GAS: State law requires the following noticg be given: “Radon is a naturally
occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have beeh found in buildings in Florida.
Additional information regarding radon and radon testihg may be obtained from your
county public health unit”. i
ABANDONED PROPERTY: By signing this rental ment, the TENANT agrees
that upon surrender or abandonment, as defined by the Florida Statutes, the LANDLORD
shall not be liable or responsible for storage or disposition of the TENANT’S personal~ ~ r
LY¥C |o30 COVFSG
property.
ADDITIONAL STIPULATIONS: Tenant agrees that smoking is NOT permitted on the
premises by tenant and/or Tenant’s guests. In the event the premises are damaged in any
way due to smoke, Tenant agrees they will be fully responsible for eradication of smoke
related odors and/or repair of damage due to smoke. Tenant agrees that smoke related
damages will in no way be considered ordinary wear ahd tear. Smoking is only permitted
outside the rental unit or on the balcony/lanai areas of the rental unit if applicable.
1) TENANT shall be responsible for a $50.00 posting|charge for each TENANT posting,
including but not limited to three day notices to pay rent and seven-day notices of non-
compliance as additional rent.
2) TENANT acknowledges personal checks are not actepted.~ i “A
Lrs¢ foso| ootF 2
way due to smoke, Tenant agrees they will be fully nnsible for eradication of smoke
related odors and/or repair of damage due to smoke. ‘Tenant agrees that smoke related
damages will in no way be considered ordinary wear gnd tear. Smoking is only permitted
outside the rental unit or on the balcony/lanai areas ofjthe rental unit if applicable.
SIGNATURE PAGE1
~ ~
LEFL (630) OOlF.,
MOLD ADDENDUM TO LEASE
THIS ADDENDUM IS AGREED TO AND SHALL BE MADE PART OF LEASE AGREEMENT BETWEEN Thomas
Osborne (OWNER OR AGENT) AND William Seeley and April (TENANTS) FOR THE PREMISES LOCATED
AT 19178 Midway Bivd., Port Charlotte, FL 33948.
MOLD: Mold consists of naturally occurring microscopic
down and feeds on organic matter In the environment. The mold spread through the air and the
reduces the chance of mold and mold growth.
CLIMATE CONTROL: Tenant(s) agree to use alt air-conditioning, if In a reasonable manner and use
heating systems in moderation and to keep the premises properly by periodically opening windows to
allow circulation of fresh alr during dry weather only. OWNER OR AGENT RECOMMENDS THAT AIR
CONDITIONING IS USED AT ALL TIMES IF UNIT HAS AIR COND! a
TENANT(S) AGREE TO:
» KEEP THE PREMISES CLEAN AND * SECURELY CLOSE SHOWER DOORS IF
REGULARLY DUST, VACUUM AND MOP PRESENT
» USE HOOD VENTS WHEN COOKING, # LEAVE BATHROOM AND SHOWER DOORS
CLEANING AND DISHWASHING’ OPEN AFTER USE
e KEEP CLOSET DOORS AJAR « WIPE DOWN WINDOWS AND SILLS IF
+ AVOID EXCESSIVE INDOOR PLANTS MOISTURE PRESENT
USE EXHAUST FANS WHEN « USE|DRYER IF PRESENT FOR WET TOWELS
BATHING/SHOWERING AND LEAVE ON FORA ——« USE|HOUSEHOLD CLEANERS ON ANY HARD
SUFFICIENT AMOUNT OF TIME TO REMOVE SURFACES
MOISTURE » REMOVE ANY MOLDY OR ROTTING FOOD
USE CEILING FANS IF PRESENT . « REMOVE GARBAGE REGULARLY
+ WATER ALL INDOOR PLANTS OUTDOORS «WIPE DOWN ANY AND ALL VISIBLE
« WIPE DOWN ANY MOISTURE AND/OR Mot
SPILLAGE + INSRECT FOR LEAKS UNDER SINKS
* WIPE DOWN BATHROOM WALLS AND © CHEGK ALL WASHER HOSES IF APPLICABLE
FIXTURES AFTER BATHING/SHOWERING
© WIPE DOWN ANY VANITIES/SINK TOPS
* AVOID AIR DRYING DISHES
¢ NOT DRY CLOTHES BY HANG DRYING
INDOORS
|
e REGULARLY EMPTY DEHUMIDIFIER IF USED |
|
1
|
« OPEN BLINDS/CURTAINS TO ALLOW LIGHT
INTO PREMISES
« WIPE DOWN FLOORS IF ANY WATER
SPILLAGE ,
Page7 way slo 7
Te
sy | Mor LYTe A Oe pee
a i ~ 7
LESC [020 OO1835
TENANT(S) AGREE TO REPORT IN WRITING:
+ VISIBLE OR SUSPECTED MOLD . evccann OF WALLS, BASEBOARDS,
ALLAN OR HEATING PROBLEMS OR RS, WINDOW FRAMES, CEILINGS
ABNORMALITIES + MOLDY CLOTHING, REFRIGERATOR AND A/C
« LEAKS, MOISTURE ACCUMULATIONS, MAJOR DRIP PAN OVERFLOWS
SPILLAGE DRIPPING FROM OR AROUND
PLANT WATERING OVERFLOWS ANY VENTS, A/C CONDENSER LINES
+ LOQSE, MISSING OR FAILING GROUT OR
« SHOWER/BATHISINK/TOILET OVERFLOWS GAULK AROUND TUBS, SHOWERS, SINKS,
« LEAKY FAUCETS, PLUMBING, PET URINE }, COUNTERTOPS, CLOTHES DRYER
ACCIDENTS LEAKS
¢ ANY AND ALL MOISTURE AND MUSTY
ODORS
SMALL AREAS OF MOLD: If mold has occurred on a smail non-porous surface such as ceramic tile, formica,
viny! flooring, metal, or plastic and the mold is not due to an ongoing leak or moisture problem, Tenant(s) agree
to clean the areas with soap (or detergent) and a small amount of iter, let the surface dry, and then, within 24
hours apply a non-staining cleaner such as Lysol Disinfectant, Pin Sol Disinfectant (original pine-ecented), Tilex
Mildew Remover, or Clorox Cleanup.
TERMINATION OF TENANCY: Owner or agent reserves the right to terminate the tenancy and TENANT/(s) agree to
vacate the premises in the event owner or agent in its sole judgment feels that either there is mold or mildew
present in the dwelling unit which may pose a safety or health hazard
TENANT(s) actions or inactions are causing a condition which is conduc
INSPECTIONS: TENANT(S) agree that Owner or agent may conduct inspections of the unit at any time with
reasonable notice.
VIOLATION OF ADDENDUM: IF TENANT(S) FAIL TO COMPLY THIS ADDENDUM, Tenant(s) will be held
responsible for property damage to the dwelling and any health problen
inciudes but is not limited to Tenant{s) failure to notify Owner or Agen
problems immediately IN WRITING. Violation shall be deemed a n
and owner or agent shall be entitied to exercise all rights and remed
fn equity and TENANT(S) shall be liable to Owner for damages sustail
shall hold Owner and Agent harmless for damage or Injury to p on or property as a result of TENANT(8) failure
to comply with the terms of this Addendum.
HOLD HARMLESS: ff the premiees Is or was managed by an Agent of the Owner, TENANT(S) shall hold agent
harmiess and shall look solely to the property Owner In the event of any litigation or claims conceming injury,
damage or harm suffered due to mold.
PARTIES: THIS ADDENDUM IS BETWEEN THE TENANT(S) AND IER AND/OR AGENT MANAGING THE
PREMISES. THIS ADDENDUM IS IN ADDITION TO AND MADE P; OF THE LEASE AGREEMENT AND IN THE
EVENT THERE IS ANY CONFLICT BETWEEN THE LEASE AND. ADDENDUM, THE PROVISIONS OF THIS
ADDENDUM SHALL GOVERN.
This lease has been drafted by the Law Offices of Heist, Welsse & Wolk, P.A. 1 800 253 8428
Reference #419621
Te 9 Woolyos | ~ . jo
|
Leec joso oet 799
PET ADDENDUM
Consent is hereby granted to Tenant(s) to keep the .seofreed pet(s) on the leased premises,
provided the below listed conditions are abided by:
1. Additional monthly fee of $. is elded tothe monthly rent as adaltional ret.
2. Anon refundable fee of $______—_____is paid
3. Additional security deposit of $ is paid by Tenant(s). This sum may be
used by Landlord to pay for any pet damage or for any other amounts due and owing under the terms
of the lease agreement whether pet related or not upon Tenant(s) vacating the premises :
5. Pet(s) must be kept on a leash at all times while it is o
TO RU . Tenant(s) agi ean danny he cae epont for
any damages arising out of injury to another by the pet(s). Fet(s) must not be tied or kept outside
apartment door, in the hallways or on the balcony or lanais. :
I
6. In the event any pet(s) have offspring, Tenant(s) will be in breach of this agreement Pet(s)
must weigh under the weight fimit of Is. at all times.
7. Tenant(e) may be assigned designated area to walk pet. Tenant(e) are responsible for
!
8. Tenant(s) will be responsible for FULL replacement of carpet, walls, blinds, flooring or
other Items damaged In any way by pet(s). Tenant(s) also will be responsible for any exterminating
that may be required because of pet(s). |
Tenant(s) agree that approval or denial of all pets(s) Is the sole discretion of owner or agent.
Owner or agent reserves the right to withdraw consent by giving the Tenant(e) 7 days written
notice to remove pef(s) from the premises for any reason Including but not limited to nolse,
barking, disturbances, damage, threatening behavior other tenants(s) or employees
of owner or agent. in the event the pet(s) are not rem after notice, Tenant(s) will be
subject to eviction. |
DESCRIPTION OF PET(S):
Type I dees Breed (ocod- Des e Color \be Name ahs
Type Breed Color___i Name
|
‘This lease hae been drafted by the Law Offices of Helet, & Wolk, P.A. 1 800 253 8428
Reference #419621
Pages woot AS 72
TO? flarttFiling # 73296524 E-Filed 06/08/2018 12:51:43 PM
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY FLORIDA
CIVIL ACTION
TOM OSBORNE,
Plaintiff,
18000546CC
vs. Case No.:
WILLIAM SEELY AND APRIL SEELY, =
Defendants.
April Seely
3529 Peace River Drive
Punta Gorda, FI 33983
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days to file a written
response to the Complaint in this Court. The courthouse is located at 350 E. Marion Avenue,
Punta Gorda, FL 33950. A phone call will not protect you. Your written response, including the
above case number and named parties, must be filed if you want the Court to hear your case. If
you do not file your response on time, you may lose and your wages, money and property may
thereafter be taken without further warning from the Court. There are other legal requirements.
You may want to call an attorney right away. If you do not know an attorney, you may call an
attomey referral service or a legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file your written
Tesponse with the Court you must also mail or take a carbon copy or photocopy of your written
tesponse to the “Plaintiff/Plaintiffs Attorney" named below.
JASON M. LUCAS, ESQUIRE
Attorney for Plaintiff
17833 Murdock Cir., Ste. B
Port Charlotte, FL 33948
(941) 206-2120
Florida Bar Number: 0344842THE STATE OF FLORIDA
TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a copy
of the attached documents in this lawsuit on the above-named Defendant.
ROGER D. EATON,
as Clerk
D IR By: \
IMPORTANTE
Usted ha sido demandado legalmente. Tiene Viente (20) dias, contados, a partir del recibo
de esta notificacion, para contestar la demanda adjunta, por escrito, y presentara ante este tribunal.
Una llamada telefonica no fo protegera; si usted desea que el tribunal considere su defensa, debe
presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes
interesadas en dicho caso. Si usted no contesta la demanda a tiempo, despojado de sus ingresos y
propicdadcs, o privado de sus derachos, sin previo aviso del tribunal. Existen otros requisitos
legales. Si lo desea, puede usted consultar a un abogado immediatamente. Si no conoce a un
abagado, puede llamar a una de las oficinas de asistencia legal que aparecen en la guia telefonica.
Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su
respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la
persona denominada abajo como "Plaintiff/Plaintiff's Attomey.” (Demandate o Abogado del
Demanadanto).
IMPORTANT
Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a
partir de la date de l'assignation de cette citation pour deposer une reponse ecrite a la plainte ci-
jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger; vous
etes oblige de deposer votre reponse ecrite, avec mention de numero de dossier ci-dessus et du nom
des parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne deposez
pas votre reponse ecrite dans le relai requis, vos risquez de perdra la cause ainsi que voltre salaire,
votre argent, et vos biens peuvent atre saisis par la suite, sans aucun preavis alterieur du Tribunal. [1
ya d'autres obligations juridiques et vous pouvez requerir les services immediats d'un avocat. Si
vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a
un bureau d'assistanco juridique (figurant a l'annuaire de telephones).
Se vous choisissez de deposer vous-meme un reponse ecrite, il vous faudra egalement, en
meme temps que cette formalite, faire parvenier ou expedier une copie au carbone ou une
photocopie de votre reponse ecrite au "Plaintiff/Plaintiffs Attorney" (Plaignant ou a son avocat)
nomme ci-dessous.Filing # 73296524 E-Filed 06/08/2018 12:51:43 PM
i : IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
: IN AND FOR CHARLOTTE COUNTY FLORIDA
CIVIL ACTION
1 TOM OSBORNE,
1 4 Plaintiff,
vs. Case No.: 18000546CC
WILLIAM SEELY AND APRIL SEELY,
Defendants.
—~
William Seely
3529 Peace River Drive
Punta Gorda, F1 33983
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days to file a written
Tesponse to the Complaint in this Court. The courthouse is located at 350 E. Marion Avenue,
Punta Gorda, FL 33950. A phone call will not protect you. Your written response, including the
above case number and named parties, must be filed if you want the Court to hear your case. If
you do not file your response on time, you may lose and your wages, money and property may
thereafter be taken without further warning from the Court. There are other legal requirements.
Poy You may want to call an attomey right away. If you do not know an attorney, you may call an
fo: attorney referral service or a legal aid office (listed in the phone book).
i
‘
4
‘
i
If you choose to file a written response yourself, at the same time you file your written
response with the Court you must also mail or take a carbon copy or photocopy of your written
response to the “Plaintiff/Plaintiffs Attomey” named below.
i JASON M. LUCAS, ESQUIRE
i Attomey for Plaintiff
17833 Murdock Cir., Ste. B
Port Charlotte, FL 33948
(941) 206-2120
Florida Bar Number: 0344842
rent ee,THE STATE OF FLORIDA
TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a copy
of the attached documents in this lawsuit on the above-named Defendant.
ro ern LZ. AOY
IMPORTANTE
Usted ha sido demandado legalmente. Tiene Viente (20) dias, contados, a partir del recibo
de esta notificacion, para contestar la demanda adjunta, por escrito, y presentara ante este tribunal.
Una llamada telefonica no lo protegera; si usted desea que el tribunal considere su defensa, debe
presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes
interesadas en dicho caso. Si usted no contesta la demanda a tiempo, despojado de sus ingresos y
propiedades, o privado de sus derachos, sin previo aviso del tribunal. Existen otros requisitos
legales. Si lo desea, puede usted consultar a un abogado immediatamente. Si no conoce a un
abagado, puede !lamar a una de las oficinas de asistencia legal que aparecen en la guia telefonica.
Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su
Tespuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la
persona denominada abajo como “Plaintiff/Plaintiff's Attomcy." (Demandate o Abogado del
Demanadanto).
IMPORTANT
Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a
partir de la date de l'assignation de cette citation pour deposer une reponse ecrite a la plainte ci-
jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger; vous
etes oblige de deposer votre reponse ecrite, avec mention de numero de dossier ci-dessus et du nom
des parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne deposez
pas votre reponse ecrite dans le relai requis, vos risquez de perdra la cause ainsi que voltre salaire,
Votre argent, et vos biens peuvent atre saisis par la suite, sans aucun preavis alterieur du Tribunal. Il
ya d'autres obligations juridiques et vous pouvez requerir les services immediats d'un avocat. Si
vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a
un bureau d'assistanco juridique (figurant a l'annuaire de telephones).
Se vous choisissez de deposer vous-meme un reponse ecrite, il vous faudra egalement, en
meme temps que cette formalite, faire parvenier ou expedier une copie au carbone ou une
photocopie de votre reponse ecrite au "Plaintiff/Plaintiff's Attorney" (Plaignant ou a son avocat)
nommc ci-dessous.ROGER D. EATON
CHARLOTTE COUNTY CLERK OF THE CIRCUIT COURT AND COMPTROLLER
350 EAST MARION AVENUE
PUNTA GORDA, FLORIDA 33950
Charlotte County Receipt of Transaction
Receipt # 2018034413
LUCAS, JASON MICHAEL Cashiered by: nicolej
17833 MURDOCK CIR On: 06/08/2018 2:50 pm
SUITE B ‘Transaction # 1043116
PORT CHARLOTTE, FL 33948
|CaseNumber: 18000546CC TOM OSBORNE -VS- WILLIAM SEELY
[Date Filed: 06/08/2018 Judge Assigned: JOHN L BURNS
Fee Description Fee Prior Paid Due Paid Balance
(1601) DAMAGES - CC 300.00 0.00 300.00 300.00 0.00
(E9106) SUMMONS ISSUED - CNTY CI\ 20.00 0.00 20.00 20.00 0.00
Total 320.00 0.00 320.00 320.00 0.00
Grand Total 320.00 0,00 320.00 320.00 0.00
[PAYMENTS J
Payment Type Reference Amount Refund Overage Change _Net Amount
EFILE 73296524 OK 320.00 0.00 0.00 0.00 320.00
320.00 0.00 0.00 0.00 320.00
Page 1 of 1Filing # 73807052 E-Filed 06/19/2018 05:57:32 PM
RETURN OF SERVICE
IN THE COUNTY COURT OF THE TWENTHUETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL MATTER
TOM OSBORNE,
Plaintiff, :
v. CASE NO.: 18-546-CC
WILLIAM SEELY AND
APRIL SEELY,
And all unknown parties in possession,
Defendants,
/
Received by CPP on June 11, 2018 at 1:00 pm. to be served on April Seely at
3259 Peace River Drive, Punta Gorda, FL 33983.
T, Yvonne Ghilardi, being duly sworn, depose and say that on June 19, 2018 at
11:30am,
T PERSONALLY SERVED Apmil Seely, who is over the age of 15, with a true
copy of the Summons and Complaint, with the date and time of service thereon by me in
compliance with State Statutes.
I certify that I am over the age of eighteen, have no interest in the above action,
and that I am appointed as a Process in good standing in the 20° Judicial Crouit
Pursuant to Florida State 92.525 (Notarization no longer required) and under perjury, I
declare that the facts stated are true, |
Mut adda
| ¥Jhilardi
ID # 157631Filing # 73807052 E-Filed 06/19/2018 05:57:32 PM
RETURN OF SERVICE
IN THE COUNTY COURT OF THE TWENTHIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL MATTER
TOM OSBORNE,
Plaintiff,
v. CASE NO.;: 18-546-CC
WILLIAM SEELY AND
APRIL SEELY,
And all unknown parties in possession,
Defendants.
/
Received by CPP on June 11, 2018 at 1:00 p.m. to be served on William Secly at
3259 Peace River Drive, Punta Gorda, FT, 33983,
. I, Yvonne Ghilardi, being duly swom, depose and say that on June 19, 2018 at
11:30 a.m.
I SUBSTITUTE SERVED April Seely, Wife to William Seely, who is over the
age of 15, with a true copy of the Summons and Complaint, with the date and time of
service thereon by me in compliance with State Statutes.
| certify that I am over the age of eighteen, have no interest in the above action,
and that I am appointed as a Process Server, in good standing in the 20" Judicial Circuit.
Pursuant to Florida State 92.525 (Notarization no longer requited) and under perjury, 1
declare that the facts stated are true.
Obes
Y(Ghilardi
ID # 157631S Cas
To the county court of the 12th judicial circuit, I William J
Seeley and April Seeley involved in case number 18000546cc
officially decline any and all responsibility stated in the above
case number where Tom Osborne is claiming damages. This
lawsuit if false, and as you can tell by our lease and move out
dates we lived in this home for over 2 years, in which Tom
extended our lease for the second year and then elected to move
out following the end of our lease. This is now the first time I
am hearing anything about this and its 3 years after we moved
out. Without seeing a “Move in” Inspection signed by myself or
my wife, as well as a “Move-out” Inspection signed by myself
of my wife these accusations are completely false. We left that
address in the same or better condition than we moved in other
than normal wear expected from a family of 6.
_ Ton OSeorne
wilen A See US
Mela Loillian Sealy ond
" hoa 1 Sol ay
ure
ae gunz PH 109
Rosin 0. EATS
age aeFiling # 79785181 E-Filed 10/24/2018 10:59:23 AM
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY FLORIDA
CIVIL ACTION
TOM OSBORNE,
Plaintiff,
ys. Case No.: 18-546-CC
WILLIAM SEELY AND APRIL SEELY,
Defendants.
/
SWORN ON FOR SUM! ‘Y JUDGME
COMES NOW the plaintiff, TOM OSBORNE (hereinafter referred to as
Plaintiff), by and through undersigned counsel, and hereby move for Summary Final
Judgment on the Complaint filed in this case against WILLIAM SEELY AND APRIL
SEELY, (hereinafter referred to as Defendants). In support thereof, Plaintiff alleges as
follows, to wit:
1. The well-pled allegations set forth in the Counterclaim filed in this case,
as well as in this sworn motion, establish that there is no genuine issue regarding any
material fact in this case.
2. Said relevant facts, in support of this Motion, are as follows:
a. Until and through January 2015, Plaintiff rented a single-family
residence to WILLIAM SEELY AND APRIL SEELY located at 19178 Midway
Blvd, Charlotte County, Florida (hereinafter referred to as the “Subject
Property”).
b. Upon retaking possession of the Subject Property, and leading up
to that time, Plaintiff discovered the Property was significantly damaged, which
was not the case when Defendants leased the property from Plaintiff. Defendants
did or allowed to be caused to the Subject Property, the following damage, forwhich Plaintiff paid the reasonable cost to repair or replace said damage: paint
interior of house - $1,500.00; repair kitchen stove- $125. 00; replace light covers
and bulbs in kitchen area - $200.00; cleaning of carpets -$172.00; replacement of
shades - $262.70; cleaning - $575.00; rescreening - $160.00; replacement of pool
pump timer $85.12; replacement of a/c and pool filters - $40.00; Landscaping-
$1,245.00; repair broken bedroom window - $150.00; These amounts, for the
aforementioned damage incurred, reasonably totaled 4,514.82.
d. Additionally, Defendants failed to pay Plaintiff all amounts due
under the lease, more specifically, for all rent due that accrued during the term
thereof totaling $1,100.00 owed.
3. Based on Defendant’s actions and damage caused as set forth herein,
Plaintiff has been damaged.
4. All conditions precedent to the maintenance of this action have occurred
or have been waived.
5. Plaintiff has retained the undersigned attorney to represent him in this
matter and is obligated to pay said attorney a reasonable attorney’s fee for said
representation.
6. Because, as set forth herein, there is no issue of any materially disputed
facts, regarding any claim herein, Plaintiff is entitled to Judgment as a matter of law and
entry of Summary Final Judgment in this case against Defendant for the amounts set forth
herein.
WHEREFORE, Plaintiff demands summary judgment for damages against
Defendants, judgment for attorney’s fees pursuant to the lease and Fla. Stat. ch. 83, and
costs of this action. .
RIFICATION
Before me, the undersigned authority, appeared Tom Osborne, who being first
duly sworn, states that:1. Tam an individual over the age of eighteen (18), am otherwise competent
to make this verification, or at least have never been judicially deemed incompetent or
mentally incapacitated, and have personal knowledge of the facts and circumstances set
forth in this Sworn Motion and the Complaint.
2. I have read this Sworn Motion and the allegations set forth in the
‘Complaint, and each allegation contained herein and therein is true and correct.
I swear that the above and the allegations set forth in this Sworn Motion and in the
Complaint are true and correct.
FURTHER AFFIANTS SAYETH NOT, ,
€ 2
_
TOM OSBORNE
SWORN TO and subscribed before me this (7** day of pcdeho-
2018, by Tom Osborne, [ ] to me personally known, or [ who did produce
Fe. DL. as identification, and who did take an oath.
L. LODGE Z
rereely ¢ 404 PUBLIC 4
Expos Febray 16. v0 “ .
% lessece. Lut cole
PRINT NAMECERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via U.S, Mail to the Defendants at 3292 Pinetree Street, Port Charlotte, FL
33948, this_[@ day of O ctopon 2018.
THE LUCAS LAW FIRM, P.A.
By: Ss \
JASON ICAS, ESQUIRE
Attomey for Plaintiff
Florida Bar No.: 0344842
17833 Murdock Circle, Suite B
Port Charlotte, FL 33948
Tel. (941) 206-2120
Fax. (941) 206-2122Filing # 79785181 E-Filed 10/24/2018 10:59:23 AM
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY FLORIDA
CIVIL ACTION
TOM OSBORNE,
Plaintiff,
vs. Case No.: 18-546-CC
WILLIAM SEELY AND APRIL SEELY,
Defendants.
SS
IDAVIT AS TO A’ ry’ S'
STATE OF FLORIDA
COUNTY OF CHARLOTTE
BEFORE ME, the undersigned authority, personally appeared JASON M.
LUCAS, who after being first duly sworn, hereby deposes and says that:
1. My name is JASON M. LUCAS. I am the Attorney for Plaintiff, and I am
the Attorney having primary responsibility for representing him in this litigation.
2. Thave been licensed to practice law in the State of Florida since 2000.
3. My practice includes landlord/tenant law and other civil litigation.
4. To date, I have expended 2.9 hours in legal services rendered to my client
herein in counseling client and taking other actions related thereto, and
Prosecuting the above case, and have charged him a legal fee accordingly of $300
per hour in connection therewith; in connection therewith, a reasonable fee
charged to Plaintiff is $1,470.00, which includes 2 hours for a hearing on this
motion and related work.
ee es ee5. Defendant has incurred recoverable Court costs of $370.85 (comprised of
the filing fee, summons issuance, e-filing fee, and service of process fees.
FURTHER AFFIANT SAITH NAUGHT.
—\
JA €ONM. N CAS, Affiant
on
SWORN to or acknowledged and subscribed before me this ay day of
by JASON M. LUCAS, who is personally known to
me, and who did not take an oath.
JESSICA L. LODGE
tater nn otary Public
My Commission Expires:
FICATE OF VICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished via U.S. Mail to Defendants at 3259 Peace River Drive, Punta Gorda, FL 33983,
this 21 day of C5AYx« ois,
THE LUCAS LAW FIRM, P.A.
Florida Bar No.: 0344842
17833 Murdock Circle, Suite B
Port Charlotte, FL 33948
Tel. (941) 206-2120
Fax. (941) 206-2122Filing # 79785181 E-Filed 10/24/2018 10:59:23 AM
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY FLORIDA
CIVIL ACTION
TOM OSBORNE,
Plaintiff,
vs. Case No.: 18-546-CC
WILLIAM SEELY AND APRIL SEELY,
Defendants.
/
OF RESTED ATT: Y
°S ATT ‘Y’S LI
STATE OF FLORIDA
COUNTY OF CHARLOTTE
BEFORE ME, the undersigned authority, personally appeared, Glenn N. Siegel, who
being first duly sworn, states that:
1 lam a
Preview
19- 744CA IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE HISTORY Page 1 of 2 CASE NUMBER: 18000546CC PARTIES Type Name _ Address PLIF OSBORNE, TOM 211. TARPON BLVD PORT CHARLOTTE,FL 33952 ATT/ PLTF LUCAS, JASON MICHAEL 17833 MURDOCK CIR (OSBORNE, TOM) SUITE B PORT CHARLOTTEFL 33948 JDG BURNS, JOHN L DEF SEELY, WILLIAM 122 BEDFORD DRIVE NE PORT CHARLOTTE,FL 33952 DEF SEELY, APRIL 3529 PEACE RIVER DRIVE PUNTA GORDA,FL 33983 FEES DATE ASSESSED _ FEE Total Paid Outstanding 06/08/2018 DAMAGES - CC $300.00 $300.00 $0.00 06/08/2018 SUMMONS ISSUED - CNTY CIV $20.00 $20.00 $0.00 $320.00 $320.00 $0.00 ——se ee DATE PROGRESS OF CASE DOCKET - EVENTS CRRBET TBs Tue anid comect 12/05/2018 03:00 PS. CIVIL HEARING PM 04/24/2019 01:30 Ph CIVIL HEARING PM apy he oral document cn fis DATE DOCKETS alg 06/08/2018 CASE FILED 06/08/2018 CASE NUMBER 18000546Cd 06/08/2018 CIVIL COVER SHEET Clerk of the Ciruit Court 06/08/2018 COMPLAINT : 06/08/2018 SUMMONS ISSUED FOR APRIL SEELY 6/8/18 Cher 06/08/2018 SUMMONS ISSUED FOR WILLAIM SEELY 6/8/18 06/08/2018 PAYMENT $320.00 RECEIPT #2018034413 06/19/2018 RETURN OF SERVICE - SERVED JUNE 19, 2018 @ 11:30AM ON APRIL SEELY 06/19/2018 RETURN OF SERVICE - SERVED JUNE 19, 2018 @ 11:30AM ON WILLIAM SEELY (SUBSTITUTE SERVED TO APRIL SEELY AS WIFE) co 8 06/21/2018 RESPONSE WILLIAM & APRIL SEELEY In lCUS “Tl 10/24/2018 SWORN MOTION FOR SUMMARY FINAL JUDGMENT 222 € 10/24/2018 AFFIDAVIT AS TO ATTORNEY'S FEES AND COSTS ase 5 10/24/2018 AFFIDAVIT OF DISINTERESTED ATTORNEY AS TO REASONABLENESS@P™ o | PLAINTIFF'S ATTORNEY'S LEGAL FEES Ber. 5 m 10/25/2018 NOTICE OF HEARING ON MOTION FOR SUMMARY JUDGMENT 12/5/2068 S301 = ; 120572018 ADDRESS CHANGE =z oc OO 12/05/2018 COURT MINUTES - CT-MOTION DENIED W/O PREJUDICE a a 53IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE HISTORY Page 2 of 2 CASE NUMBER: 18000546CC DATE DOCKETS 04/04/2019 MOTION FOR LEAVE OF COURT TO AMEND COMPLAINT AND MOTION TO TRANSFER CASE TO CIRCUIT COURT 04/04/2019 AMENDED COMPLAINT 04/08/2019 NOTICE OF HEARING - 4/24/19 1:30PM 04/24/2019 COURT MINUTES - LEAVE TO AMEND - DEF FAILED TO APPEAR - CT GRANTS TRANSFER TO CIRCUIT 05/21/2019 COVER LETTER TO CLERK FROM ATTORNEY 05/21/2019 ORDER GRANTING MOTION TO TRANSFER CASE TO CIRCUIT 05/22/2019 ORDER GRANTING MOTION TO TRANSFER CASE TO CIRCUIT - RECORDED (0.444 1.147 / 2711734) 06/27/2019 COVER LETTER TO JUDGE FROM ATTORNEY 06/27/2019 AMENDED ORDER TO TRANSFER CASE TO CIRCUIT COURTFiling # 73296524 E-Filed 06/08/2018 12:51:43 PM FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form shall be filed by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of reporting judicial workload data pursuant to Florida Statues section 25.075. L CASE STYLE IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY FLORIDA CIVIL ACTION TOM OSBORNE, Plaintiff, 18000546CC vs. Case No.: WILLIAM SEELY AND APRIL SEELY, Defendants. u TYPE OF CASE (If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (Is indented under a broader category), place an “x” in both the main category and subcategory boxes. Condominium Contracts and indebtedness Eminent domain Auto negligence Negligence — other Business governance Business torts Environmental/Toxic tort QO Third party indemnification Construction defect OQ Mass tort O Negligent security a a a PI ooaoxa ooa Nursing home negligence Premises liability — commercial Premises liability — residential roducts liability0 Real Property/Mortgage foreclosure oooo0a0 ooo00qgo0o00n Commercial foreclosure $0 - $50,000 Commercial foreclosure $50,001 - $249,999 Commercial foreclosure $250,000 or more Homestead residential foreclosure $0 - $50,000 Homestead residential foreclosure $50,001 - $249,999 Homestead residential foreclosure $250,000 or more Non-homestead residential foreclosure $0 - $50,000 Non-homestead residential foreclosure $50,001 - $249,999 Non-homestead residential foreclosure $250,00 or more Other real property actions $0 - $50,000 Other real property actions $50,001 - $249,999 Other real property actions $250,000 or more O Professional malpractice oO o oO Malpractice — business Malpractice — medical Malpractice — other professional Q Other ooogo0g0ncnnocgoooon0 vi. Antitrust/Trade Regulation Business Transaction Constitutional challenge-statute or ordinance Constitutional challenge-proposed amendment Corporate Trusts Discrimination-employment or other Insurance claims Intellectual property Libel/Slander Shareholder derivative action Securities litigation Trade secrets Trust litigation REMEDIES SOUGHT (check all that apply): 0 Monetary; Non-monetary declaratory or injunctive relief; QO Punitive NUMBER OF CAUSES OF ACTION: ( 1 ) (Specify) 1S THIS CASE A CLASS ACTION LAWSUIT? O Yes X No HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? X No 0 Yes — If “yes” list all related cases by name, case number and court:ey vil. IS JURY TRIAL DEMANDED IN COMPLAINT? 0 Yes X No | CERTIFY that the information | have provided in this cover sheet is accurate to the best of my knowledge and belief. Signature:, /s/ JASON M, LUCAS Fla. Bar #___ 0344842 Attorney or Party (if attorney) M Date:___ 06/08/18 Type or print nameFiling # 73296524 E-Filed 06/08/2018 12:51:43 PM J IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY FLORIDA CIVIL ACTION TOM OSBORNE, Plaintiff, vs. Case No.: 180005466 WILLIAM SEELY AND APRIL SEELY, Defendants. / COMPLAINT COMES NOW the plaintiff, TOM OSBORNE, (Plaintiff), by and through undersigned counsel, sues the defendants, WILLIAM SEELY AND APRIL SEELY, (Defendants), and alleges as follows, to wit: COUNT 1 - DAMAGES 1, This is an action by Plaintiff against Defendants for damages, the value of which do not exceed $15,000.00. 2. Defendants, WILLIAM SEELY AND APRIL SEELY are individuals who were residing in Charlotte County, Florida. 3. Venue is appropriate in a Charlotte County, Florida Court, 4. This Court has jurisdiction over the claims set forth herein. 5. Plaintiff is the fee simple owner of real Property that is partially the subject of this action, which is located at 19178 Midway Boulevard, Port Charlotte, FL 33948 (hereinafter referred to as the “Subject Property”). 6. Plaintiff and Defendants were parties to a lease agreement (hereinafter referred to as the “Lease Agreement”), pursuant to which, Defendants resided in the Subject Property, whichthey rented from Plaintiff. A true and correct copy of the lease Agreement is attached hereto as Exhibit A. 7. Defendants caused significant damage to the Subject Property, which was not present when Defendants initially took possession of the Subject Property pursuant to the lease. 8. Because Defendants have caused significant damages to the Subject Property, all in breach of their contract with Plaintiff, Plaintiff has been damaged. 9. All conditions precedent to the maintenance of this action have occurred. 10. Plaintiff has retained the undersigned attorney and is obligated to pay a reasonable fee for his services. WHEREFORE, Plaintiff demands judgment against Defendants for damages, attorney’s fees, pursuant to Fla. Stat. ch. 83, and costs of this action. DATED this_‘)_day of Qh 2018. THE LUCAS LAW FIRM, P.A. — = Esquire Attorney fdr Plaintiff Florida Bar Number 0344842 17833 Murdock Circle, Suite B Port Charlotte, FL 33948 Tel. (941) 206-2120 Fax. (941) 206-2122~ “y8L [030 001799 | RESIDENTIAL LEASE This agreement, made this 23 day of October 2014) between Thomas Osborne, hereinafter referred to as the LANDLORD, and William and April Seeley, hereinafter referred to as the TENANT, concerning the lease of the following property: a single family residence located at 19178 Midway Blvd., Poer Charlotte, Fl 33948 is agreed to by and shall bind the TENANT, its heirs, estate, or legally appointed representatives. TENANT as herein used shall include all persons to whom this property is leased. LANDLORD as herein used shall include the owner(s) of the premises, its heirs, assigns or representatives and/or any agent(s) designated by oH owner(s). TERM OF LEASE: 4 November 2014 to 3 October\2015. If for any reason LANDLORD cannot deliver possession of the premises to TENANT by the beginning date, the beginning date may be extended up to 30 days or lease voided at LANDLORD’S option without LANDLORD being liable for any ses caused by such delay or termination. i OCCUPANTS; Only the following individuals shall d upy the premises unless written consent of the LANDLORD is obtained: William Seeley and April Seeley, Caitlin Seeley, Liberty Seeley, and Faith Seeley. j A reasonable number of guests may occupy the premises without prior written consent if stay is limited to 72 hours. RENT; TENANT agrees to pay monthly rent amount of $1100.00 plus any applicable sales tax as rent on the 4th day of each month in ice without demand to Thomas Osborne, 211 E. Tarpon Blvd, Port Charlotte, Fl. PHone number 941-766-8645, Rent must be received by LANDLORD or its desi agent on or before due date. A late fee of $110.00 plus N/A per day thereafter shall be due as additional rent if TENANT fails to make payment on or before the 9th Hay of each month. Cash payments are accepted. If TENANT’S check is dishonored, all future payments must be made by money order or cashier’s check; dishonored ks will be subject to the greater of 5% of the check amount or a $30.00 charge as additibnal rent. If LANDLORD has actual knowledge that there are insufficient funds to cover a check, rent will be considered unpaid. LANDLORD may serve TENANT with a Three Day Notice and will not be required to deposit the check. Third party are not permitted. Time is of the essence. The imposition of late fees and/or dishonored check charges is not a substitution or waiver of available Florida law remedies. If rent is not received by the 20th day of each month, LANDLORD may serve a Three Day Noti¢e on the next day or any day thereafter as allowed by law, and Landlord has the right|to demand that late payments shall only be in the form of a money order or a certified|check. All signatories to this lease are jointly and severally responsible for the fait performance of this lease. All6 ASSIGNMENTS: TENANT shall not assign this lease or sublet the premises or any part thereof. Any unauthorized transfer of interest by the [ANT shall be a breach of this agreement. APPLICATION: If TENANT has filled out a rental Application, any misrepresentation made by the TENANT in same will be a breach of this agreement and LANDLORD may terminate the tenancy. FIXTURES AND ALTERATIONS: TENANT must obtain prior written consent from LANDLORD before painting, installing fixtures, ing alterations, additions or improvements and if permission granted, same shall me the LANDLORD’S property and shall remain on the premises at the termination of the tenancy. USE OF PREMISES: TENANT shall maintain the premises in a clean and sanitary condition and not disturb surrounding residents or the ful and quiet enjoyment of the premises or surrounding premises. TENANT shall install window shades or draperies (no foil, sheets, paper, etc. allowed) within 15 days of taking occupancy if not already provided. Premises are to be used and occupied by the tenant only for residential, non business, private housing purposes. TENANT shall nat operate any day care or child sitting service on the premises. TENANT shall secure|insurance immediately for any water filled devices with a loss payable clause to LORD. No trampolines, athletic equipment, recreational equipment, or any items or activities which can cause interference with the insurance coverage on the premises will be permitted. Smoking: Smoking is permitted on the porch, lanai, available but NOT permitted inside the premises. d patio areas if present or I be at the risk of the TENANT r any damage to said property of rain or wind damage, acts of ing or leaking of water pipes. RISK OF LOSS: All TENANTS’ personal property or owner thereof and LANDLORD shall not be liable the TENANT arising from criminal acts, fire, storm, negligence of any person whomsoever, or from the bi TENANT is strongly urged to secure insurance for DEFAULT: (1) Failure of TENANT to pay rent or an’ TENANT’S violation of any other term, condition, or covenant of this lease (and if applicable, attached rules and regulations), condominit by-laws or neighborhood deed restrictions or (3)failure of TENANT to comply with any Federal, State/or Local laws, rules and ordinances, or (4) TENANT’S failure to move into premises or TENANT’S abandonment of the premises, shall constitute a default|by TENANT. Upon default, TENANT shall owe LANDLORD rent and all sums as the become due under the terms of this lease and any addendums attached hereto and any and all amounts owed to LANDLORD as permitted by Florida law. If the TEN. abandons or surrenders possession of the premises during the lease term or any|renewals, or is evicted by the LANDLORD, LANDLORD may retake possession of the premises and make a good faith effort to rerent it for the TENANT account. ing of possession shall not additional rent when due, or (2)—) \v \ \v (880 [630 24999 constitute a rescission of this lease nor a surrender of leasehold estate. If TENANT(S) breach this lease agreement, in addition to any other remedies available by law and this lease agreement, TENANT(S) shall be responsible for any leasing fee or commission charge which LANDLORD may incur in mpting to re-lease the premises through a licensed real estate company. If TENANT(S) actions or inactions result in any fines, attorneys fees, costs or charges from or imposed|by a condo association or homeowners association if in place, TENANT shall in default of this lease and shall be immediately required to pay such sums as additional rent. i ATTORNEYS FEES: If LANDLORD employs an attorney due to TENANT’S violation of the terms and/or conditions of this lease, all costs and reasonable attorney’s fees as incurred by suit is filed. LANDLORD and TENANT waive the ri concerning any litigation between LANDLORD and [ANT shall be responsible for ¢ LANDLORD whether of not it to demand a jury trial ANT. UTILITIES: LANDLORD is responsible for providing the following utilities only: N/A. The TENANT agrees to any and all charges and TENANT agrees to have all accounts for utilities imm name with accounts kept current throughout occupancy. e time TENANT takes occupancy, lity service be terminated. is responsible for are still in LANDLORD’S name at TENANT agrees that LANDLORD shall order such VEHICLES: Vehicles must be currently licensed, 0 operational, and properly parked. TENANT agrees to leposits for all utilities and ately placed in TENANT’S If the utilities which TENANT ed by TENANT, registered, ide by all parking rules established now or in the future by LANDLORD or cohdo/homeowner association’s rules, if applicable. No trailers, campers, vehicles on blocks, motorcycles, boats, or commercial vehicles are allowed on or about the premi without LANDLORD’S prior written approval. TENANT is not to repair or disassemble vehicles on the premises. Vehicles not meeting the above requirements and additjonal rules of LANDLORD are unauthorized vehicles subject to being towed at TEN, expense. Parking on the grass is prohibited. TENANT agrees to indemnify LANDLORD for any expenses incurred due to the towing of any vehicle belonging to the guest or i vitee of TENANT. MAINTENANCE/INSPECTION: TENANT agrees'that they have fully inspected the premises and accepts the condition of the premises in “As is” condition with no warrantees or promises expressed or implied. TENA P shall maintain the premises in good, clean, and tenantable condition throughout the tenancy, keeping all plumbing fixtures in good repair, use all electrical, plumbing, heating/cooling, appliances, and other equipment in a reasonable manner, removing all g manner. In the event TENANT or TENANT’S guests g premises, LANDLORD may at his option repair same a} expenses of same on demand or LANDLORD may requ charges incurred as additional rent. TENANT shall be the A/C FILTERS at TENANT’S expense: TENANT every six months. In the event a major repair to the pre jarbage in a clean and sanitary r invitees cause any damage to nd TENANT shall pay for the lire TENANT to repair same, all fully responsible for maintaining hall change A/C Filters at least mises must be made which willA necessitate the TENANT’S vacating the premises, IDLORD may at his option terminate this agreement and TENANT agrees to vacate the premises holding the LANDLORD harmless for any damages suffered if any. TENANT shall notify LANDLORD immediately of any maintenance or repair needed. VACATING: At the expiration of this agreement or dny extension, TENANT shall peaceably surrender the premises and turn in all keys and any other property owned by LANDLORD leaving the premises in good, clean condition, ordinary wear and tear excepted. TENANT agrees to have the carpeting cl professionally upon: move out or will incur a minimum carpet cleaning charge to be deducted from the security deposit in the amount of $200.00. In the event that all keys are not returned upon move out, there will be a minimum charge deducted from the security sit in the amount of $250.00 in addition to any cleaning charges or any other charges due under the terms of this lease. TENANT agrees to a mandatory minimum unit cleaning charge of $175.00 to be deducted from the security deposit. RENEWAL: If LANDLORD consents to TENANT rpmaining in the premises after the natural expiration of the lease, and no new lease is signed, the tenancy will be extended as a month to month tenancy and may be terminated by [ANT giving written notice not less than 30 days prior to the end of any monthly pa: it period or LANDLORD giving written notice not less than 30 days prior to the end of any monthly payment period. Termination of the tenancy shall occur on the last day of the month. Notice from TENANT to LANDLORD must be made by certified mail. All other conditions of this lease shall remain in effect. Failure to give 30 days notice by TENANT prior to the end of the lease will result in additional liability of TENANT for the following full monthly rental period in addition to security deposit forfeiture. [f TENANT fails to vacate after the initial, or any successive consensual periods after termination, TENANT shall additionally be held liable for holdover (double) rent. RIGHT OF ENTRY: LANDLORD, upon reasonable notice by telephone, hand delivery or posting to TENANT, has the right of entry to the premises for showing, repairs, appraisals, inspections, or any other reason. LANDLORD has immediate right of entry in cases of emergency, or to protect or preserve the premises. TENANT shall not alter or add locks without prior written consent of LANDLORD. If consent is given, TENANT must provide LANDLORD with a key to all locks. LANDLORD may place “For Sale” or “For Rent” signs on the premises at any time. CONDEMNATION AND ACTS OF GOD: If for any reason the premises are condemned by any governmental authority, or damaged through fire, act of God, nature or accident, this lease shall cease and shall terminate LANDLORD’S obligation as of the date of such condemnation or destruction and TEN. hereby waives all claims against LANDLORD for any damages suffered by such conderpnation or destruction. TENANT agrees that in the event there are hurricane or storm sh on the premises, TENANT will install same if there is a hurricane or tropical storm watch or warning in effect and/or at the request of the LANDLORD. If TENANT is unable to perform this task for any~ LYS [030 Ce #95 | reason, TENANT agrees to notify LANDLORD as sogn as any storm watch or warning is place into effect. WAIVERS: The rights of the LANDLORD under this lease shall be cumulative, and failure on the part of the LANDLORD to exercise promptly any rights given hereunder shall not operate to forfeit any other rights allowed by this lease or by law. | | | INDEMNIFICATION: TENANT agrees to reimburse LANDLORD upon demand in the amount of the loss, property damage, or cost of repairs or service(including plumbing trouble) caused by the negligence or improper use by |ANT, his agents, family, or guests. TENANT at all times will indemnify and hold|harmless LANDLORD from all losses, damages, liabilities, and expenses which can be claimed against LANDLORD for any injuries or damages to the person or property of any persons, caused by the acts, omissions, neglect, or fault of the TENANT, his agents, family, guests, or arising from TENANT’S failure to comply with any applicable laws, statutes, ordinances, or regulations. i i | DISPUTES AND LITIGATION: In the event of a dispute concerning the tenancy created by this agreement, TENANT agrees that if the jises are being managed by an agent for the LANDLORD, TENANT agrees to hold agent, its heirs, employees and assigns harmless and shall look solely to the LANDL' in the event of a legal dispute. INTEGRATION: This lease, exhibits, and attachments, if any, set forth the entire agreement between LANDLORD and TENANT concetning the premises, and there are no covenants, promises, agreements, conditions, or understandings, oral or written between them other than those herein set forth. If any provision in this agreement is illegal, invalid, or unenforceable, that provision shall be void but all other terms and conditions in the agreement shall be in effect. MODIFICATIONS: No subsequent alteration, amen lease shall be binding upon LANDLORD unless reduc: parties. ! ent, change or addition to this to writing and signed by the RADON GAS: State law requires the following noticg be given: “Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have beeh found in buildings in Florida. Additional information regarding radon and radon testihg may be obtained from your county public health unit”. i ABANDONED PROPERTY: By signing this rental ment, the TENANT agrees that upon surrender or abandonment, as defined by the Florida Statutes, the LANDLORD shall not be liable or responsible for storage or disposition of the TENANT’S personal~ ~ r LY¥C |o30 COVFSG property. ADDITIONAL STIPULATIONS: Tenant agrees that smoking is NOT permitted on the premises by tenant and/or Tenant’s guests. In the event the premises are damaged in any way due to smoke, Tenant agrees they will be fully responsible for eradication of smoke related odors and/or repair of damage due to smoke. Tenant agrees that smoke related damages will in no way be considered ordinary wear ahd tear. Smoking is only permitted outside the rental unit or on the balcony/lanai areas of the rental unit if applicable. 1) TENANT shall be responsible for a $50.00 posting|charge for each TENANT posting, including but not limited to three day notices to pay rent and seven-day notices of non- compliance as additional rent. 2) TENANT acknowledges personal checks are not actepted.~ i “A Lrs¢ foso| ootF 2 way due to smoke, Tenant agrees they will be fully nnsible for eradication of smoke related odors and/or repair of damage due to smoke. ‘Tenant agrees that smoke related damages will in no way be considered ordinary wear gnd tear. Smoking is only permitted outside the rental unit or on the balcony/lanai areas ofjthe rental unit if applicable. SIGNATURE PAGE1 ~ ~ LEFL (630) OOlF., MOLD ADDENDUM TO LEASE THIS ADDENDUM IS AGREED TO AND SHALL BE MADE PART OF LEASE AGREEMENT BETWEEN Thomas Osborne (OWNER OR AGENT) AND William Seeley and April (TENANTS) FOR THE PREMISES LOCATED AT 19178 Midway Bivd., Port Charlotte, FL 33948. MOLD: Mold consists of naturally occurring microscopic down and feeds on organic matter In the environment. The mold spread through the air and the reduces the chance of mold and mold growth. CLIMATE CONTROL: Tenant(s) agree to use alt air-conditioning, if In a reasonable manner and use heating systems in moderation and to keep the premises properly by periodically opening windows to allow circulation of fresh alr during dry weather only. OWNER OR AGENT RECOMMENDS THAT AIR CONDITIONING IS USED AT ALL TIMES IF UNIT HAS AIR COND! a TENANT(S) AGREE TO: » KEEP THE PREMISES CLEAN AND * SECURELY CLOSE SHOWER DOORS IF REGULARLY DUST, VACUUM AND MOP PRESENT » USE HOOD VENTS WHEN COOKING, # LEAVE BATHROOM AND SHOWER DOORS CLEANING AND DISHWASHING’ OPEN AFTER USE e KEEP CLOSET DOORS AJAR « WIPE DOWN WINDOWS AND SILLS IF + AVOID EXCESSIVE INDOOR PLANTS MOISTURE PRESENT USE EXHAUST FANS WHEN « USE|DRYER IF PRESENT FOR WET TOWELS BATHING/SHOWERING AND LEAVE ON FORA ——« USE|HOUSEHOLD CLEANERS ON ANY HARD SUFFICIENT AMOUNT OF TIME TO REMOVE SURFACES MOISTURE » REMOVE ANY MOLDY OR ROTTING FOOD USE CEILING FANS IF PRESENT . « REMOVE GARBAGE REGULARLY + WATER ALL INDOOR PLANTS OUTDOORS «WIPE DOWN ANY AND ALL VISIBLE « WIPE DOWN ANY MOISTURE AND/OR Mot SPILLAGE + INSRECT FOR LEAKS UNDER SINKS * WIPE DOWN BATHROOM WALLS AND © CHEGK ALL WASHER HOSES IF APPLICABLE FIXTURES AFTER BATHING/SHOWERING © WIPE DOWN ANY VANITIES/SINK TOPS * AVOID AIR DRYING DISHES ¢ NOT DRY CLOTHES BY HANG DRYING INDOORS | e REGULARLY EMPTY DEHUMIDIFIER IF USED | | 1 | « OPEN BLINDS/CURTAINS TO ALLOW LIGHT INTO PREMISES « WIPE DOWN FLOORS IF ANY WATER SPILLAGE , Page7 way slo 7 Te sy | Mor LYTe A Oe pee a i ~ 7 LESC [020 OO1835 TENANT(S) AGREE TO REPORT IN WRITING: + VISIBLE OR SUSPECTED MOLD . evccann OF WALLS, BASEBOARDS, ALLAN OR HEATING PROBLEMS OR RS, WINDOW FRAMES, CEILINGS ABNORMALITIES + MOLDY CLOTHING, REFRIGERATOR AND A/C « LEAKS, MOISTURE ACCUMULATIONS, MAJOR DRIP PAN OVERFLOWS SPILLAGE DRIPPING FROM OR AROUND PLANT WATERING OVERFLOWS ANY VENTS, A/C CONDENSER LINES + LOQSE, MISSING OR FAILING GROUT OR « SHOWER/BATHISINK/TOILET OVERFLOWS GAULK AROUND TUBS, SHOWERS, SINKS, « LEAKY FAUCETS, PLUMBING, PET URINE }, COUNTERTOPS, CLOTHES DRYER ACCIDENTS LEAKS ¢ ANY AND ALL MOISTURE AND MUSTY ODORS SMALL AREAS OF MOLD: If mold has occurred on a smail non-porous surface such as ceramic tile, formica, viny! flooring, metal, or plastic and the mold is not due to an ongoing leak or moisture problem, Tenant(s) agree to clean the areas with soap (or detergent) and a small amount of iter, let the surface dry, and then, within 24 hours apply a non-staining cleaner such as Lysol Disinfectant, Pin Sol Disinfectant (original pine-ecented), Tilex Mildew Remover, or Clorox Cleanup. TERMINATION OF TENANCY: Owner or agent reserves the right to terminate the tenancy and TENANT/(s) agree to vacate the premises in the event owner or agent in its sole judgment feels that either there is mold or mildew present in the dwelling unit which may pose a safety or health hazard TENANT(s) actions or inactions are causing a condition which is conduc INSPECTIONS: TENANT(S) agree that Owner or agent may conduct inspections of the unit at any time with reasonable notice. VIOLATION OF ADDENDUM: IF TENANT(S) FAIL TO COMPLY THIS ADDENDUM, Tenant(s) will be held responsible for property damage to the dwelling and any health problen inciudes but is not limited to Tenant{s) failure to notify Owner or Agen problems immediately IN WRITING. Violation shall be deemed a n and owner or agent shall be entitied to exercise all rights and remed fn equity and TENANT(S) shall be liable to Owner for damages sustail shall hold Owner and Agent harmless for damage or Injury to p on or property as a result of TENANT(8) failure to comply with the terms of this Addendum. HOLD HARMLESS: ff the premiees Is or was managed by an Agent of the Owner, TENANT(S) shall hold agent harmiess and shall look solely to the property Owner In the event of any litigation or claims conceming injury, damage or harm suffered due to mold. PARTIES: THIS ADDENDUM IS BETWEEN THE TENANT(S) AND IER AND/OR AGENT MANAGING THE PREMISES. THIS ADDENDUM IS IN ADDITION TO AND MADE P; OF THE LEASE AGREEMENT AND IN THE EVENT THERE IS ANY CONFLICT BETWEEN THE LEASE AND. ADDENDUM, THE PROVISIONS OF THIS ADDENDUM SHALL GOVERN. This lease has been drafted by the Law Offices of Heist, Welsse & Wolk, P.A. 1 800 253 8428 Reference #419621 Te 9 Woolyos | ~ . jo | Leec joso oet 799 PET ADDENDUM Consent is hereby granted to Tenant(s) to keep the .seofreed pet(s) on the leased premises, provided the below listed conditions are abided by: 1. Additional monthly fee of $. is elded tothe monthly rent as adaltional ret. 2. Anon refundable fee of $______—_____is paid 3. Additional security deposit of $ is paid by Tenant(s). This sum may be used by Landlord to pay for any pet damage or for any other amounts due and owing under the terms of the lease agreement whether pet related or not upon Tenant(s) vacating the premises : 5. Pet(s) must be kept on a leash at all times while it is o TO RU . Tenant(s) agi ean danny he cae epont for any damages arising out of injury to another by the pet(s). Fet(s) must not be tied or kept outside apartment door, in the hallways or on the balcony or lanais. : I 6. In the event any pet(s) have offspring, Tenant(s) will be in breach of this agreement Pet(s) must weigh under the weight fimit of Is. at all times. 7. Tenant(e) may be assigned designated area to walk pet. Tenant(e) are responsible for ! 8. Tenant(s) will be responsible for FULL replacement of carpet, walls, blinds, flooring or other Items damaged In any way by pet(s). Tenant(s) also will be responsible for any exterminating that may be required because of pet(s). | Tenant(s) agree that approval or denial of all pets(s) Is the sole discretion of owner or agent. Owner or agent reserves the right to withdraw consent by giving the Tenant(e) 7 days written notice to remove pef(s) from the premises for any reason Including but not limited to nolse, barking, disturbances, damage, threatening behavior other tenants(s) or employees of owner or agent. in the event the pet(s) are not rem after notice, Tenant(s) will be subject to eviction. | DESCRIPTION OF PET(S): Type I dees Breed (ocod- Des e Color \be Name ahs Type Breed Color___i Name | ‘This lease hae been drafted by the Law Offices of Helet, & Wolk, P.A. 1 800 253 8428 Reference #419621 Pages woot AS 72 TO? flarttFiling # 73296524 E-Filed 06/08/2018 12:51:43 PM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY FLORIDA CIVIL ACTION TOM OSBORNE, Plaintiff, 18000546CC vs. Case No.: WILLIAM SEELY AND APRIL SEELY, = Defendants. April Seely 3529 Peace River Drive Punta Gorda, FI 33983 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days to file a written response to the Complaint in this Court. The courthouse is located at 350 E. Marion Avenue, Punta Gorda, FL 33950. A phone call will not protect you. Your written response, including the above case number and named parties, must be filed if you want the Court to hear your case. If you do not file your response on time, you may lose and your wages, money and property may thereafter be taken without further warning from the Court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may call an attomey referral service or a legal aid office (listed in the phone book). If you choose to file a written response yourself, at the same time you file your written Tesponse with the Court you must also mail or take a carbon copy or photocopy of your written tesponse to the “Plaintiff/Plaintiffs Attorney" named below. JASON M. LUCAS, ESQUIRE Attorney for Plaintiff 17833 Murdock Cir., Ste. B Port Charlotte, FL 33948 (941) 206-2120 Florida Bar Number: 0344842THE STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a copy of the attached documents in this lawsuit on the above-named Defendant. ROGER D. EATON, as Clerk D IR By: \ IMPORTANTE Usted ha sido demandado legalmente. Tiene Viente (20) dias, contados, a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentara ante este tribunal. Una llamada telefonica no fo protegera; si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes interesadas en dicho caso. Si usted no contesta la demanda a tiempo, despojado de sus ingresos y propicdadcs, o privado de sus derachos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consultar a un abogado immediatamente. Si no conoce a un abagado, puede llamar a una de las oficinas de asistencia legal que aparecen en la guia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su respuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la persona denominada abajo como "Plaintiff/Plaintiff's Attomey.” (Demandate o Abogado del Demanadanto). IMPORTANT Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de l'assignation de cette citation pour deposer une reponse ecrite a la plainte ci- jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger; vous etes oblige de deposer votre reponse ecrite, avec mention de numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vos risquez de perdra la cause ainsi que voltre salaire, votre argent, et vos biens peuvent atre saisis par la suite, sans aucun preavis alterieur du Tribunal. [1 ya d'autres obligations juridiques et vous pouvez requerir les services immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a un bureau d'assistanco juridique (figurant a l'annuaire de telephones). Se vous choisissez de deposer vous-meme un reponse ecrite, il vous faudra egalement, en meme temps que cette formalite, faire parvenier ou expedier une copie au carbone ou une photocopie de votre reponse ecrite au "Plaintiff/Plaintiffs Attorney" (Plaignant ou a son avocat) nomme ci-dessous.Filing # 73296524 E-Filed 06/08/2018 12:51:43 PM i : IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT : IN AND FOR CHARLOTTE COUNTY FLORIDA CIVIL ACTION 1 TOM OSBORNE, 1 4 Plaintiff, vs. Case No.: 18000546CC WILLIAM SEELY AND APRIL SEELY, Defendants. —~ William Seely 3529 Peace River Drive Punta Gorda, F1 33983 IMPORTANT A lawsuit has been filed against you. You have 20 calendar days to file a written Tesponse to the Complaint in this Court. The courthouse is located at 350 E. Marion Avenue, Punta Gorda, FL 33950. A phone call will not protect you. Your written response, including the above case number and named parties, must be filed if you want the Court to hear your case. If you do not file your response on time, you may lose and your wages, money and property may thereafter be taken without further warning from the Court. There are other legal requirements. Poy You may want to call an attomey right away. If you do not know an attorney, you may call an fo: attorney referral service or a legal aid office (listed in the phone book). i ‘ 4 ‘ i If you choose to file a written response yourself, at the same time you file your written response with the Court you must also mail or take a carbon copy or photocopy of your written response to the “Plaintiff/Plaintiffs Attomey” named below. i JASON M. LUCAS, ESQUIRE i Attomey for Plaintiff 17833 Murdock Cir., Ste. B Port Charlotte, FL 33948 (941) 206-2120 Florida Bar Number: 0344842 rent ee,THE STATE OF FLORIDA TO EACH SHERIFF OF THE STATE: You are commanded to serve this Summons and a copy of the attached documents in this lawsuit on the above-named Defendant. ro ern LZ. AOY IMPORTANTE Usted ha sido demandado legalmente. Tiene Viente (20) dias, contados, a partir del recibo de esta notificacion, para contestar la demanda adjunta, por escrito, y presentara ante este tribunal. Una llamada telefonica no lo protegera; si usted desea que el tribunal considere su defensa, debe presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes interesadas en dicho caso. Si usted no contesta la demanda a tiempo, despojado de sus ingresos y propiedades, o privado de sus derachos, sin previo aviso del tribunal. Existen otros requisitos legales. Si lo desea, puede usted consultar a un abogado immediatamente. Si no conoce a un abagado, puede !lamar a una de las oficinas de asistencia legal que aparecen en la guia telefonica. Si desea responder a la demanda por su cuenta, al mismo tiempo en que presenta su Tespuesta ante el tribunal, debera usted enviar por correo o entregar una copia de su respuesta a la persona denominada abajo como “Plaintiff/Plaintiff's Attomcy." (Demandate o Abogado del Demanadanto). IMPORTANT Des poursuites judiciaries ont ete entreprises contre vous. Vous avez 20 jours consecutifs a partir de la date de l'assignation de cette citation pour deposer une reponse ecrite a la plainte ci- jointe aupres de ce Tribunal. Un simple coup de telephone est insuffisant pour vous proteger; vous etes oblige de deposer votre reponse ecrite, avec mention de numero de dossier ci-dessus et du nom des parties nommees ici, si vous souhaitez que le Tribunal entende votre cause. Si vous ne deposez pas votre reponse ecrite dans le relai requis, vos risquez de perdra la cause ainsi que voltre salaire, Votre argent, et vos biens peuvent atre saisis par la suite, sans aucun preavis alterieur du Tribunal. Il ya d'autres obligations juridiques et vous pouvez requerir les services immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un service de reference d'avocats ou a un bureau d'assistanco juridique (figurant a l'annuaire de telephones). Se vous choisissez de deposer vous-meme un reponse ecrite, il vous faudra egalement, en meme temps que cette formalite, faire parvenier ou expedier une copie au carbone ou une photocopie de votre reponse ecrite au "Plaintiff/Plaintiff's Attorney" (Plaignant ou a son avocat) nommc ci-dessous.ROGER D. EATON CHARLOTTE COUNTY CLERK OF THE CIRCUIT COURT AND COMPTROLLER 350 EAST MARION AVENUE PUNTA GORDA, FLORIDA 33950 Charlotte County Receipt of Transaction Receipt # 2018034413 LUCAS, JASON MICHAEL Cashiered by: nicolej 17833 MURDOCK CIR On: 06/08/2018 2:50 pm SUITE B ‘Transaction # 1043116 PORT CHARLOTTE, FL 33948 |CaseNumber: 18000546CC TOM OSBORNE -VS- WILLIAM SEELY [Date Filed: 06/08/2018 Judge Assigned: JOHN L BURNS Fee Description Fee Prior Paid Due Paid Balance (1601) DAMAGES - CC 300.00 0.00 300.00 300.00 0.00 (E9106) SUMMONS ISSUED - CNTY CI\ 20.00 0.00 20.00 20.00 0.00 Total 320.00 0.00 320.00 320.00 0.00 Grand Total 320.00 0,00 320.00 320.00 0.00 [PAYMENTS J Payment Type Reference Amount Refund Overage Change _Net Amount EFILE 73296524 OK 320.00 0.00 0.00 0.00 320.00 320.00 0.00 0.00 0.00 320.00 Page 1 of 1Filing # 73807052 E-Filed 06/19/2018 05:57:32 PM RETURN OF SERVICE IN THE COUNTY COURT OF THE TWENTHUETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL MATTER TOM OSBORNE, Plaintiff, : v. CASE NO.: 18-546-CC WILLIAM SEELY AND APRIL SEELY, And all unknown parties in possession, Defendants, / Received by CPP on June 11, 2018 at 1:00 pm. to be served on April Seely at 3259 Peace River Drive, Punta Gorda, FL 33983. T, Yvonne Ghilardi, being duly sworn, depose and say that on June 19, 2018 at 11:30am, T PERSONALLY SERVED Apmil Seely, who is over the age of 15, with a true copy of the Summons and Complaint, with the date and time of service thereon by me in compliance with State Statutes. I certify that I am over the age of eighteen, have no interest in the above action, and that I am appointed as a Process in good standing in the 20° Judicial Crouit Pursuant to Florida State 92.525 (Notarization no longer required) and under perjury, I declare that the facts stated are true, | Mut adda | ¥Jhilardi ID # 157631Filing # 73807052 E-Filed 06/19/2018 05:57:32 PM RETURN OF SERVICE IN THE COUNTY COURT OF THE TWENTHIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL MATTER TOM OSBORNE, Plaintiff, v. CASE NO.;: 18-546-CC WILLIAM SEELY AND APRIL SEELY, And all unknown parties in possession, Defendants. / Received by CPP on June 11, 2018 at 1:00 p.m. to be served on William Secly at 3259 Peace River Drive, Punta Gorda, FT, 33983, . I, Yvonne Ghilardi, being duly swom, depose and say that on June 19, 2018 at 11:30 a.m. I SUBSTITUTE SERVED April Seely, Wife to William Seely, who is over the age of 15, with a true copy of the Summons and Complaint, with the date and time of service thereon by me in compliance with State Statutes. | certify that I am over the age of eighteen, have no interest in the above action, and that I am appointed as a Process Server, in good standing in the 20" Judicial Circuit. Pursuant to Florida State 92.525 (Notarization no longer requited) and under perjury, 1 declare that the facts stated are true. Obes Y(Ghilardi ID # 157631S Cas To the county court of the 12th judicial circuit, I William J Seeley and April Seeley involved in case number 18000546cc officially decline any and all responsibility stated in the above case number where Tom Osborne is claiming damages. This lawsuit if false, and as you can tell by our lease and move out dates we lived in this home for over 2 years, in which Tom extended our lease for the second year and then elected to move out following the end of our lease. This is now the first time I am hearing anything about this and its 3 years after we moved out. Without seeing a “Move in” Inspection signed by myself or my wife, as well as a “Move-out” Inspection signed by myself of my wife these accusations are completely false. We left that address in the same or better condition than we moved in other than normal wear expected from a family of 6. _ Ton OSeorne wilen A See US Mela Loillian Sealy ond " hoa 1 Sol ay ure ae gunz PH 109 Rosin 0. EATS age aeFiling # 79785181 E-Filed 10/24/2018 10:59:23 AM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY FLORIDA CIVIL ACTION TOM OSBORNE, Plaintiff, ys. Case No.: 18-546-CC WILLIAM SEELY AND APRIL SEELY, Defendants. / SWORN ON FOR SUM! ‘Y JUDGME COMES NOW the plaintiff, TOM OSBORNE (hereinafter referred to as Plaintiff), by and through undersigned counsel, and hereby move for Summary Final Judgment on the Complaint filed in this case against WILLIAM SEELY AND APRIL SEELY, (hereinafter referred to as Defendants). In support thereof, Plaintiff alleges as follows, to wit: 1. The well-pled allegations set forth in the Counterclaim filed in this case, as well as in this sworn motion, establish that there is no genuine issue regarding any material fact in this case. 2. Said relevant facts, in support of this Motion, are as follows: a. Until and through January 2015, Plaintiff rented a single-family residence to WILLIAM SEELY AND APRIL SEELY located at 19178 Midway Blvd, Charlotte County, Florida (hereinafter referred to as the “Subject Property”). b. Upon retaking possession of the Subject Property, and leading up to that time, Plaintiff discovered the Property was significantly damaged, which was not the case when Defendants leased the property from Plaintiff. Defendants did or allowed to be caused to the Subject Property, the following damage, forwhich Plaintiff paid the reasonable cost to repair or replace said damage: paint interior of house - $1,500.00; repair kitchen stove- $125. 00; replace light covers and bulbs in kitchen area - $200.00; cleaning of carpets -$172.00; replacement of shades - $262.70; cleaning - $575.00; rescreening - $160.00; replacement of pool pump timer $85.12; replacement of a/c and pool filters - $40.00; Landscaping- $1,245.00; repair broken bedroom window - $150.00; These amounts, for the aforementioned damage incurred, reasonably totaled 4,514.82. d. Additionally, Defendants failed to pay Plaintiff all amounts due under the lease, more specifically, for all rent due that accrued during the term thereof totaling $1,100.00 owed. 3. Based on Defendant’s actions and damage caused as set forth herein, Plaintiff has been damaged. 4. All conditions precedent to the maintenance of this action have occurred or have been waived. 5. Plaintiff has retained the undersigned attorney to represent him in this matter and is obligated to pay said attorney a reasonable attorney’s fee for said representation. 6. Because, as set forth herein, there is no issue of any materially disputed facts, regarding any claim herein, Plaintiff is entitled to Judgment as a matter of law and entry of Summary Final Judgment in this case against Defendant for the amounts set forth herein. WHEREFORE, Plaintiff demands summary judgment for damages against Defendants, judgment for attorney’s fees pursuant to the lease and Fla. Stat. ch. 83, and costs of this action. . RIFICATION Before me, the undersigned authority, appeared Tom Osborne, who being first duly sworn, states that:1. Tam an individual over the age of eighteen (18), am otherwise competent to make this verification, or at least have never been judicially deemed incompetent or mentally incapacitated, and have personal knowledge of the facts and circumstances set forth in this Sworn Motion and the Complaint. 2. I have read this Sworn Motion and the allegations set forth in the ‘Complaint, and each allegation contained herein and therein is true and correct. I swear that the above and the allegations set forth in this Sworn Motion and in the Complaint are true and correct. FURTHER AFFIANTS SAYETH NOT, , € 2 _ TOM OSBORNE SWORN TO and subscribed before me this (7** day of pcdeho- 2018, by Tom Osborne, [ ] to me personally known, or [ who did produce Fe. DL. as identification, and who did take an oath. L. LODGE Z rereely ¢ 404 PUBLIC 4 Expos Febray 16. v0 “ . % lessece. Lut cole PRINT NAMECERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S, Mail to the Defendants at 3292 Pinetree Street, Port Charlotte, FL 33948, this_[@ day of O ctopon 2018. THE LUCAS LAW FIRM, P.A. By: Ss \ JASON ICAS, ESQUIRE Attomey for Plaintiff Florida Bar No.: 0344842 17833 Murdock Circle, Suite B Port Charlotte, FL 33948 Tel. (941) 206-2120 Fax. (941) 206-2122Filing # 79785181 E-Filed 10/24/2018 10:59:23 AM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY FLORIDA CIVIL ACTION TOM OSBORNE, Plaintiff, vs. Case No.: 18-546-CC WILLIAM SEELY AND APRIL SEELY, Defendants. SS IDAVIT AS TO A’ ry’ S' STATE OF FLORIDA COUNTY OF CHARLOTTE BEFORE ME, the undersigned authority, personally appeared JASON M. LUCAS, who after being first duly sworn, hereby deposes and says that: 1. My name is JASON M. LUCAS. I am the Attorney for Plaintiff, and I am the Attorney having primary responsibility for representing him in this litigation. 2. Thave been licensed to practice law in the State of Florida since 2000. 3. My practice includes landlord/tenant law and other civil litigation. 4. To date, I have expended 2.9 hours in legal services rendered to my client herein in counseling client and taking other actions related thereto, and Prosecuting the above case, and have charged him a legal fee accordingly of $300 per hour in connection therewith; in connection therewith, a reasonable fee charged to Plaintiff is $1,470.00, which includes 2 hours for a hearing on this motion and related work. ee es ee5. Defendant has incurred recoverable Court costs of $370.85 (comprised of the filing fee, summons issuance, e-filing fee, and service of process fees. FURTHER AFFIANT SAITH NAUGHT. —\ JA €ONM. N CAS, Affiant on SWORN to or acknowledged and subscribed before me this ay day of by JASON M. LUCAS, who is personally known to me, and who did not take an oath. JESSICA L. LODGE tater nn otary Public My Commission Expires: FICATE OF VICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. Mail to Defendants at 3259 Peace River Drive, Punta Gorda, FL 33983, this 21 day of C5AYx« ois, THE LUCAS LAW FIRM, P.A. Florida Bar No.: 0344842 17833 Murdock Circle, Suite B Port Charlotte, FL 33948 Tel. (941) 206-2120 Fax. (941) 206-2122Filing # 79785181 E-Filed 10/24/2018 10:59:23 AM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY FLORIDA CIVIL ACTION TOM OSBORNE, Plaintiff, vs. Case No.: 18-546-CC WILLIAM SEELY AND APRIL SEELY, Defendants. / OF RESTED ATT: Y °S ATT ‘Y’S LI STATE OF FLORIDA COUNTY OF CHARLOTTE BEFORE ME, the undersigned authority, personally appeared, Glenn N. Siegel, who being first duly sworn, states that: 1 lam a