Preview
Filing # 32265853 E-Filed 09/21/2015 09:38:39 AM
IN THE COUNTY COURT FOR THE SEVENTH JUDICIAL CIRCUIT,
IN AND FOR FLAGLER COUNTY, FLORIDA
RIVERGATE AT PALM COAST HOMEOWNERS Case No. 2013-CC-000413
ASSOCATION, INC.,
Plaintiff,
v.
RICHARD F. POLESKI and DENISE POLESKI,
Defendant(s)
ee/
SURPLUS TRUSTEE'S MOTION FOR COST ADVANCE OF 2%
PURSUANT TO ES. 45.034(7)(a)
Vesco Services, LLC, (hereinafter, “Vesco”), appointed as State Certified Surplus
Trustee, by and through its undersigned counsel, files its Motion for Cost Advance of 2%,
pursuant to § 45.034(7)(a), Fla. Stat., and states as follows:
1, On 9/26/14, Vesco was assigned as State Certified Surplus Trustee in this matter
by the Clerk of Court and the Florida Department of Financial Services. A copy of the Notice of
Appointment of Surplus Trustee is attached as Exhibit A.
2. Pursuant to § 42.034(7)(a), Fla. Stat., the Clerk cannot disburse the statutory cost
advance without an Order from the Court and the Final Judgment does not contain such an
Order.
3. Pursuant to § 42.034(7)(a), Fla. Stat., Vesco respectfully requests this Court to enter an
Order authorizing the Clerk of Court to immediately disburse the statutory cost advance to Vesco
Services, LLC.
WHEREFORE, Vesco, respectfully requests the Court grant the foregoing Motion, enter
an Order authorizing the Clerk of the Court to disburse the two percent (2%) from the Surplus
proceeds, and such other and further relief as this Court deems just and proper.
1
Electronically Filed in the Office of the Clerk of the Circuit Court - Flagler County, Florida
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by
electronic mail and/or U.S. Mail to all parties on the below Service List on this 21st day of
September, 2015.
Respectfully Submitted,
By: —_/s/ Timothy C. Martin
TIMOTHY C. MARTIN, Esq.
Florida Bar No. 91842
Martin Law Office, P.A.
PO Box 130738
Tampa, Florida 33681
Tel: 813-260-1413; Fax 888-250-6501
Primary Email: timm@martinlawfl.com
Attorneyfor the Surplus Trustee
SERVICE LIST
SURPLUS TRUSTEE'S MOTION FOR COST ADVANCE OF 2%
PURSUANT TO E'S. 45.034(7)(a)
Scott C. Roberts, Esquire Richard F. Poleski
Vesco Services, LLC Denise Poleski
8545 Commodity Cir. 15235 Bareback Drive
Orlando, FL 32819 Jacksonville, FL 32234
Email: sroberts@srobertslaw.com Defendant
General Counselfor Surplus Trustee
Edward Ronsman, Esq.
Jackson Law Group, LL.M., P.A.
1301 Plantation Island Drive, Suite 304
St. Augustine, FL 32080
Attorneyfor Plaintiff
2
Filed in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 09/26/2014 09:18 AM
EXHIBITA |
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL
| CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA
RIVERGATE AT PALM COAST CASE NO. 2013 CC 0000413
HOMEOWNERS ASSOCIATION, INC.,
| A Florida not-for-profit corporation, |
Plaintiff,
v.
RICHARD F. POLESKI and
DENISE POLESKI, Husband and Wife,
Defendants.
:
|
NOTICEOFAPPOINTMENT OF SURPLUSTRUSTEE
TRUSTEE #30
VESCO SERVICES, LLC
|
j
|
Theundersignedclerk ofthe court certifies that heor she disbursed the proceedsreceived
from the sale of the property as provided in the order or final judgment to the persons
|
i
| named in the certificate of disbursements, and that surplus funds of $3,797.28 remain and }
| ate subject to disbursement to the owner of record. You have been appointed as surplus
| trustee for the purpose of finding the owner of record in order for the clerk to disburse the
surplus, after deducting costs, to the owner of record.
WITNESS my hand and the seal of the court on 26" day of September 2014.
| i
GAIL WADSWORTH i
| CLERK OF THE CIRCUIT COURT & COMPTROLLER
| (Seal) or Karsan LAfoofoe RP |
wey CO f
Deputy Clerk ae tas
{OH A eR |
fog TAS aA reed i
. * : @ eS a : " aa n=) |
. ew A '
| Cetwey
Preview
Filing # 32265853 E-Filed 09/21/2015 09:38:39 AM IN THE COUNTY COURT FOR THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA RIVERGATE AT PALM COAST HOMEOWNERS Case No. 2013-CC-000413 ASSOCATION, INC., Plaintiff, v. RICHARD F. POLESKI and DENISE POLESKI, Defendant(s) ee/ SURPLUS TRUSTEE'S MOTION FOR COST ADVANCE OF 2% PURSUANT TO ES. 45.034(7)(a) Vesco Services, LLC, (hereinafter, “Vesco”), appointed as State Certified Surplus Trustee, by and through its undersigned counsel, files its Motion for Cost Advance of 2%, pursuant to § 45.034(7)(a), Fla. Stat., and states as follows: 1, On 9/26/14, Vesco was assigned as State Certified Surplus Trustee in this matter by the Clerk of Court and the Florida Department of Financial Services. A copy of the Notice of Appointment of Surplus Trustee is attached as Exhibit A. 2. Pursuant to § 42.034(7)(a), Fla. Stat., the Clerk cannot disburse the statutory cost advance without an Order from the Court and the Final Judgment does not contain such an Order. 3. Pursuant to § 42.034(7)(a), Fla. Stat., Vesco respectfully requests this Court to enter an Order authorizing the Clerk of Court to immediately disburse the statutory cost advance to Vesco Services, LLC. WHEREFORE, Vesco, respectfully requests the Court grant the foregoing Motion, enter an Order authorizing the Clerk of the Court to disburse the two percent (2%) from the Surplus proceeds, and such other and further relief as this Court deems just and proper. 1 Electronically Filed in the Office of the Clerk of the Circuit Court - Flagler County, Florida CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by electronic mail and/or U.S. Mail to all parties on the below Service List on this 21st day of September, 2015. Respectfully Submitted, By: —_/s/ Timothy C. Martin TIMOTHY C. MARTIN, Esq. Florida Bar No. 91842 Martin Law Office, P.A. PO Box 130738 Tampa, Florida 33681 Tel: 813-260-1413; Fax 888-250-6501 Primary Email: timm@martinlawfl.com Attorneyfor the Surplus Trustee SERVICE LIST SURPLUS TRUSTEE'S MOTION FOR COST ADVANCE OF 2% PURSUANT TO E'S. 45.034(7)(a) Scott C. Roberts, Esquire Richard F. Poleski Vesco Services, LLC Denise Poleski 8545 Commodity Cir. 15235 Bareback Drive Orlando, FL 32819 Jacksonville, FL 32234 Email: sroberts@srobertslaw.com Defendant General Counselfor Surplus Trustee Edward Ronsman, Esq. Jackson Law Group, LL.M., P.A. 1301 Plantation Island Drive, Suite 304 St. Augustine, FL 32080 Attorneyfor Plaintiff 2 Filed in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 09/26/2014 09:18 AM EXHIBITA | IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL | CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA RIVERGATE AT PALM COAST CASE NO. 2013 CC 0000413 HOMEOWNERS ASSOCIATION, INC., | A Florida not-for-profit corporation, | Plaintiff, v. RICHARD F. POLESKI and DENISE POLESKI, Husband and Wife, Defendants. : | NOTICEOFAPPOINTMENT OF SURPLUSTRUSTEE TRUSTEE #30 VESCO SERVICES, LLC | j | Theundersignedclerk ofthe court certifies that heor she disbursed the proceedsreceived from the sale of the property as provided in the order or final judgment to the persons | i | named in the certificate of disbursements, and that surplus funds of $3,797.28 remain and } | ate subject to disbursement to the owner of record. You have been appointed as surplus | trustee for the purpose of finding the owner of record in order for the clerk to disburse the surplus, after deducting costs, to the owner of record. WITNESS my hand and the seal of the court on 26" day of September 2014. | i GAIL WADSWORTH i | CLERK OF THE CIRCUIT COURT & COMPTROLLER | (Seal) or Karsan LAfoofoe RP | wey CO f Deputy Clerk ae tas {OH A eR | fog TAS aA reed i . * : @ eS a : " aa n=) | . ew A ' | Cetwey