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Filing # 113928403 E-Filed 09/24/2020 03:37:35 PM
IN THE CIRCUIT COURT, IN
THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 112020CA0003010001XX
NAPLES HMA LLC DBA PHYSICIANS REGIONAL MEDICAL CENTER- PINE RIDGE
Plaintiff(s),
vs- .
RICHARD SMITH
Defendant(s).
S
AFFIDAVIT OF DEFAULT IN STIPULATION\SETTLEMENT AGREEMENT. ;
STATE OF FLORIDA
COUNTY OF BREVARD
BEFORE ME, the undersigned authority, personally appeared Steve C. Davis, ESQUIRE, who, first being
duly sworn, on oath, deposes and says:
1. That I am an associate at Lotane & Associates, P.A., the attorneys of record for the Plaintiff(s), am over
the age of eighteen, and that this Affidavit is made on personal knowledge.
2. That a Stipulation\Settlement Agreement was entered into between the parties whereby the Defendant,
Richard Smith was to make payments to the Plaintiff(s) on a periodic basis. The original of the
Stipulation\Settlement Agreement appears in the Court file, and a copy which is attached hereto.
3. That the parties entered into a Settlement Agreement, wherein the Defendant, agreed to pay $101,726.44,
with a default clause for $101,726.44 by paying monthly payments of $600.00 starting on May 01, 2020. To this
date the Defendant has paid $2,449.00, and now has failed to make the payments due under the terms of the
Stipulation\Settlement Agreement since August 5, 2020, with the result that there is at the present time due and .
owing to the Plaintiff(s), the principal sum of $101,242.09, interest in the sum of $0.00 and Court Costs in the i
sum of $484.35, less payments made in the amount of $2,449.00, making a total sum of $99,277.44.
FURTHER AFFIANT SAYETH NAUGHT.
: Aves, PA.
Steve C. Davis.
FL Bar No. 78468
1980 Michigan Avenue ‘
Cocoa, Florida 32922 ,
(321) 636-4861 / (800) 807-3334 ,
The fore: oing- instrument was sworn:to.before me by means of. wt presence.or.__ online notarization’
this day of Sorta, 2 020; y. Steve.Ci Davis, ESQUIRE, who is personally known to me and who
Ti n oath. :
wht p(n (An T nao FaCotesT |
Notary Public Wee NY COMMISSION
issi ires: EXPIRES: April 2, 2023
My Commission Expires: sondes Te Nata Pube
399952.79006067,.CE 1
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 09/24/2020 03:37:35 PMIN THE CIRCUIT COURT, IN
THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 112020CA0003010001XX :
NAPLES HMA LLC DBA PHYSICIANS REGIONAL MEDICAL CENTER- PINE RIDGE
Plaintiff,
-Vvs-
RICHARD SMITH
Defendant.
_ - /
SETT! ENT AGREEMENT
COMES NOW the undersigned parties and do stipulate and agree as follows:
1. That the Defendant is indebted to the Plaintiff in the following amount(s) on account of this claim:
AMOUNT DEMANDED SETTLEMENT AMOUNT. .
PRINCIPAL ~~ $101,242.09 “ $101,242.09
INTEREST. $0.00 $0.00
COURT COSTS $484.35 $484.35
TOTAL CLAIM_ _. $101,726.44 _ _|___- $101,726.44
The parties agree that Defendant will pay to the Plaintiff the amount of $101,726.44 as settlement of this
claim, by paying $600.00 on or before May 1, 2020 and $600.00 by the 1* of each month thereafter. Interest will
be waived upon timely payments.
2. They further stipulate that said indebtedness is due, unpaid, and that a judgment in favor of the :
Plaintiff for $101,726.44, less any payments made, shall be entered by the Court only upon the Affidavit of the
Plaintiff that the Defendant has defaulted in the payments set forth above. So long as these payments are made on
a timely basis, the Court shall withhold its Judgment and the issuance of a Writ of Execution.
3. The Defendant agrees that his/her contact information for all notice and communication is:
Richard Smith
1148 Oxford Ln
Naples, FL 34105
Home Phone: 239-596-8449
Cell Phone:
Initial here to authorize our office to call
your cell phone by automatic dialer.
4, Defendant agrees to make payments directly to and payable to: LOTANE & ASSOCIATES, _
P.A. P.O. Box 236187, COCOA, FLORIDA 32923, PLEASE MARK ALL PAYMENTS: . Account No: 399952.
_& YOUR'NAME. Please sign in blue ink,
Ruched (glug EP2,
Richard Rud Edward Butler, Esquire
Defendant Attorney for the PlaintiffIN THE CIRCUIT COURT, IN
THE TWENTIETH JUDICIAL CIRCUIT '
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 112020CA0003010001XX
NAPLES HMA LLC DBA PHYSICIANS REGIONAL MEDICAL CENTER- PINE RIDGE ff
Plaintiff,
-vs-
RICHARD SMITH
Defendant.
1 :
SETTLEMENT. STIPULATION\SETTLEME) GREEMENT i
~ ORDER AND DISMISSAL - 2
THIS COURT has been advised that the Plaintiff and the Defendant, Richard Smith, have settled
this matter. Accordingly: °
JT IS HEREBY ORDERED that the Stipulation, entered into between the Plaintiff and the
Defendant, Richard Smith, herein, is approved. The case against Richard Smith is hereby dismissed. This
Court reserves jurisdiction to enter such Orders as may be necessary to enforce the terms of said
Stipulation. In the event of a Default in Stipulation, Plaintiff is exempt from paying a re-open fee, per yo
Fla. Stat. Sec. 34.041(2)(i). i
ONE AND ORDERED in Chambers in Naples, Collier County, Florida thise2? day of
Pll gut sn
Pig e Hiya .
one ORE Ne te ° HUGH D. HAYES
Circuit Court Judge
Lotane & Associates, PA, 1980 Michigan Avenue, Cocoa, FL 32922
Richard Smith at 1148 Oxford Ln, Naples, FL 34105
ETO CSOEY
52.08
399952_79006067IN THE CIRCUIT COURT, IN
THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 112020CA0003010001XX
NAPLES HMA LLC DBA PHYSICIANS REGIONAL MEDICAL CENTER- PINE RIDGE
Plaintiff(s),
-Vs-
RICHARD SMITH
Defendant(s).
/
AFFIDAVIT OF DEFAULT IN STIPULATION\SETTLEMENT AGREEMENT
STATE OF FLORIDA
COUNTY OF BREVARD
BEFORE ME, the undersigned authority, personally appeared Steve C. Davis, ESQUIRE, who, first being
duly sworn, on oath, deposes and says:
1. That I am an associate at Lotane & Associates, P.A., the attorneys of record for the Plaintiff(s), am over
the age of eighteen, and that this Affidavit is made on personal knowledge.
2. That a Stipulation\Settlement Agreement was entered into between the parties whereby the Defendant,
Richard Smith was to make payments to the Plaintiff(s) on a periodic basis. The original of the
Stipulation\Settlement Agreement appears in the Court file, and a copy which is attached hereto.
3. That the parties entered into a Settlement Agreement, wherein the Defendant, agreed to pay $101,726.44,
with a default clause for $101,726.44 by paying monthly payments of $600.00 starting on May 01, 2020. To this
date the Defendant has paid $2,449.00, and now has failed to make the payments due under the terms of the
Stipulation\Settlement Agreement since August 5, 2020, with the result that there is at the present time due and
owing to the Plaintiff(s), the principal sum of $101,242.09, interest in the sum of $0.00 and Court Costs in the
sum of $484.35, less payments made in the amount of $2,449.00, making a total sum of $99,277.44.
FURTHER AFFIANT SAYETH NAUGHT.
ee TES, P.A.
\Ybs,
s '
Steve C. Davis
FL Bar No. 78468
1980 Michigan Avenue
Cocoa, Florida 32922
(321) 636-4861 / (800) 807-3334
Designated Service Email:
J Service@Lotane.com
The foregoing instrument was sworn to before me by means of V physical presence or ___ online notarization
this day of SoPAm2oz, 2020 by Steve C. Davis, ESQUIRE, who is personally known to me and who
did/take/an oath.
/ Myr (An ae
DAC. i
Notary Public MY Commissions oer
issi ires: EXPIRES: Apri 2, 2023
My Commission Expires: vee
399952_79006067_CE FILEDLQ” 5 P28 45 Q4colliertoIN THE CIRCUIT COURT, IN
THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 112020CA0003010001XX
NAPLES HMA LLC DBA PHYSICIANS REGIONAL MEDICAL CENTER- PINE RIDGE
Plaintiff,
-VS-
RICHARD SMITH
Defendant.
SETTLEMENT AGREEMENT
COMES NOW the undersigned parties and do stipulate and agree as follows:
1. That the Defendant is indebted to the Plaintiff in the following amount(s) on account of this claim:
AMOUNT DEMANDED SETTLEMENT AMOUNT.
PRINCIPAL $101,242.09 $101,242.09
INTEREST $0.00 $0.00
COURT COSTS $484.35 $484.35
TOTAL CLAIM $101,726.44 $101,726.44
The parties agree that Defendant will pay to the Plaintiff the amount of $101,726.44 as settlement of this
claim, by paying $600.00 on or before May 1, 2020 and $600.00 by the 1“ of each month thereafter. Interest will
be waived upon timely payments.
2. They further stipulate that said indebtedness is due, unpaid, and that a judgment in favor of the
Plaintiff for $101,726.44, less any payments made, shall be entered by the Court only upon the Affidavit of the
Plaintiff that the Defendant has defaulted in the payments set forth above. So long as these payments are made on
a timely basis, the Court shall withhold its Judgment and the issuance of a Writ of Execution.
3. The Defendant agrees that his/her contact information for all notice and communication is:
Richard Smith
1148 Oxford Ln
Naples, FL 34105
Home Phone: 239-596-8449
Cell Phone:
Initial here to authorize our office to call
your cell phone by automatic dialer.
4. Defendant agrees to make payments directly to and payable to: LOTANE & ASSOCIATES,
P.A. P.O. Box 236187, COCOA, FLORIDA 32923. PLEASE MARK ALL PAYMENTS: Account No: 399952
& YOUR NAME. Please sign in blue ink.
Reale GR bee.
Richard Smith Edward Butler, Esquire
Defendant Attorney for the PlaintiffIN THE CIRCUIT COURT, IN
THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL DIVISION
CASE NO: 112020CA0003010001XX
NAPLES HMA LLC DBA PHYSICIANS REGIONAL MEDICAL CENTER- PINE RIDGE
Plaintiff,
-Vs-
RICHARD SMITH
Defendant.
/
SETTLEMENT STIPULATION\SETTLEMENT AGREEMENT
ORDER AND DISMISSAL -
THIS COURT has been advised that the Plaintiff and the Defendant, Richard Smith, have settled
this matter. Accordingly:
IT IS HEREBY ORDERED that the Stipulation, entered into between the Plaintiff and the
Defendant, Richard Smith, herein, is approved. The case against Richard Smith is hereby dismissed. This
Court reserves jurisdiction to enter such Orders as may be necessary to enforce the terms of said
Stipulation. In the event of a Default in Stipulation, Plaintiff is exempt from paying a re-open fee, per
Fla. Stat. Sec. 34.041(2)(i).
DONE AND ORDERED in Chambers in Naples, Collier County, Florida thisgd? day of
ly y lauds , 2020.
Jy? Q. Payee!
HUGH D. HAYES —
Circuit Court Judge
Lotane & Associates, PA, 1980 Michigan Avenue. Cocoa, FL 32922
Richard Smith at 1148 Oxford Ln, Naples, FL 34105
oS ZOAST *
399952_79006067
FILED 3 23720 15:1 Bool Lierbo 1