Filing# 75707624 E-Filed 07/30/2018 04:08:29 PM

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

THE OAKS AT BOCA RATON PROPERTY

OWNERS ASSOCIATION, INC:, a Florida
not-for-profit corporation, CASE NO.: 502017CA004532XXXXMB

Plaintiff, DIVISION: Al
v.
LAURENCE S. SCHNEIDER and -STEPHANIE

PY
L. SCHNEIDER, husband and wife, their
heirs, devisees, grantees, assignees, creditors,
lienors and trustees; UNKNOWN TENANT
#1; UNKNOWN TENANT #2; and, all other

O
persons claiming by, through, under or
against the named Defendant(s),

C
Defendant(s) ,,

ED
I

NOTICE OF FILING
FI
COMES NOW the Plaintiff, THE OAKS AT BOCA RATON PROPERTY OWNERS

ASSOCIATION, INC., by and through their undersigned attorneys, and hereby give Notice of Fi ling
TI

the attached Affidavit of Sums Due and Affidavit of Attorneys' Fees and Costs.
ER

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished bye-
C

service and/or U.S. mail to Ryan D. Gesten, Esq., Shapiro, Blasi, Wasserman, Hermann, PA,
7777 Glades Road, Suite 400, Boca Raton, FL 33434 at rgesten@sbwh.law, and
'ragsetvice@sbwhJaw, on this 30 th day of July, 2018.
A

SACHS SAX CAPLAN

Attorneys for Plaintiff
T

6111 Broken Sound Parkway NW, Suite 200

O

Boca Raton, Florida 33487

Telephone: (561) 994-4499
N

Facsimile: (561) 994-4985

E-Service: foreclosures@ssclawfirm.com
agonzalez@ssclawfirm.com

By: is1 :;;.~a; No-vcikovtav ~

.ALEKSANDRA NOVAKOVICH GONZALEZ, ESQ.
Florida Bar No.: 99919

FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 07/30/2018 04:08:29 PM
 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

THE OAKS AT BOCA RATON

PROPERTY OWNERS ASSOCIAT ION,
INC., a Florida not-for-pro fit corporation ,
CASE NO.: 502017CA 004532XX XXMB
Plaintiff,
v., DIVISION: Al

PY
LAURENCE S. SCHNEIDER and
STEPHANIE L. SCHNEIDER, husband and
wife, thei1· heirs, devisees, grantees,

O
assignees, creditors, lienors and trustees;
UNKNOW N TENANT #1; UNKNOW N

C
TENANT #2; and, all other persons
claiming by, through, under or against the
named Defendant(s),

ED
Defendant(s).
---- ---- ---- ---J
FI
AFFIDAVIT OF SUMS DUE
TI

STATE OF FLORIDA )
) ss:
ER

COUNTY OF PALM BEACH )

BEFORE ME, the undersigned authority, duly authorizes and acknowledges and

_6hc:;
C

personally appeared Becs+e.tn ., who after being first duly sworn,

A

deposes and says:

1.
T

for the Plaintiff, THE OAKS AT BOCA

O

RATON PROPERTY OWNERS' ASSOCIATION, INC., (the "Associatio n"), and I am

N

authorized to make this Affidavit on behalf of the Plaintiff, and I have personal knowledge

of the facts contained herein, and I am fully competent to testify. In the regular

performance of my job functions, I am familiar with business records rnaintained by THE

OAKS AT BOCA RATON PROPERTY OWNERS' ASSOCIATION, INC., for the purpose of

Page 1 of 3
collecting assessments. These records (which include data compilations, electronically

imaged documents, and others) are made at or near the time by, or from information

provided by, persons with knowledge of the activity and transactions reflected in such

records, and are kept in the course of business activity conducted regularly by THE OAKS

AT BOCA RATON PROPERTY OWNERS' ASSOCIATION, INC. It is regular practice of

PY
THE OAKS AT BOCA RATON PROPERTY OWNERS' ASSOCIATION, INC., business to

make these records. In connection with making this affidavit, I have acquired personal

O
knowledge of the matters stated herein by personally examining these business records.

C
2. Defendants, LAURENCE S. SCHNEIDER and STEPHANIE L. SCHNEIDER,

ED
have failed to pay maintenance assessments to the Association, interest accrued thereon,

late fees, costs, and attorneys' fees, which sums are due and owing to the Association by
FI
the Defendants.
TI

3. The total amount presently owed by the Defendants to the Association is as

ER

follows:

DATE DUE AMOUNT

Quarterly Assessments due from July 01, 2016
C

through June 30, 2018 $19,992.52

Special Assessments due from December 01, 2016
A

through June 07, 2018 $2,302.77

Late Fees $1,045.68
T

Accrued interest due through June 17, 2018 $4,405.68.

TOTAL AMOUNT DUE $27,746.65
O

4. Quarterly maintenance assessments continue to accrue at the rate of

N

$2,570.12.

5. Attached hereto and incorporated herein by reference as Exhibit II A" is the

business record of the Association consisting of the assessment ledger for the properly.

Page 2 of 3
 FURTHER AFFIANT SAYETH NAUGHT,

THE OAKS AT BOCA RATON PROPERTY OWNERS'

ASSOCIATIO N, INC.

By:

. 5h{ PtrS/dr) •·. Prts,<lertt=-

PRINT N~E AND TITLE .J

PY
ORN TO AND SUBSCRIBED before me on this. 'J:\· .day of. \)(J(\{L.. _ , 2018:.

O
C
NOT ARY PUBLIC, State of Florida ~-/ •~~ AMANDA KORNAZOV
:•: , . :~ MY COMMISSION# FF871669
My Commission Expires: 3\ \-S\dOc)O '\: ,'fl,. -~··: . .EXPIRE~ ~~ 15,. 20~. .

ED
I
(407)300-0153, , ' Flot1do .Q)ffl "

X'" Personally Known to Me OR FI

Produced
~ - - - - - - - - - - - as identification . .
TI
ER
C
A
T
O
N

Page 3 of 3
05/30/2018 2: 17:24 PM
Resident Transaction Report
0987 THE OAKS AT BOCA RATON POA INC. 1 EXHIBIT
Date:·,01/6"1 /2016 -. 05/30i2018,: .~JJ
JJ
'J!l
,, A"
Building 0000 OAKS AT BOCA RATON
C/O FirstService Residential

9950 BRIDGEBROOK DRIVE

BOCA RATON, FL 33496

17685 Circle Pond Ct

360 E Coconut Palm Rd
Boca Raton, FL 33496
Boca Raton, FL 33432

PY
Current Credit History Code;: FP Effective Date: 02/1412017
Beg Bal 2,213.12
Charge 01/01/2016 MQ Maintenance Fees 2,207,84 4,420.96
Charge 01/25/2016 LF Late Fees 110,39 4,531,35

O
Charge 02/24/2016 II Interest Income 28,83 4,560.18
Pay 02/24/2016 Collection Payment 15897 -2,252.45 2,307, 73
Credit 03/0212016 LF Replacement Ck For Lost -110,39

C
2,197.34
Pay 03/02/2016 Receipt Processing 6016 -2, 197,34 00,00
Charge 04/01/2016 MQ Maintenance Fees 2,432.84 2,432.84
Pay 04/19/2016 Receipt Processing 2107 -2,554.48 -121,64

ED
Charge 07/01/2016 MQ Maintenance Fees 2,432.84 2,311.20
Charge 07/20/2016 LF Late Fees 115,56 2,426.76
Charge 10/01/2016 MQ Maintenance Fees 2,432.84 4,859,60
Charge 10/20/2016 LF Late Fees 121,64 4,981,24
FI
Charge 12/01/2016 SM Special Assessment 921,11 5,902,35
Charge 01/01/2017 MQ Maintenance Fees 2,527,06 8,429,41
Charge 01/13/2017 LF Late Fees 46,06 8,475 47
Charge 01/31/2017 LF
TI
Late Fees 126.35 8,601,82
Charge 03/01/2017 SM Special Assessment 690.83 9,292,65
Charge 04/01/2017 MQ Maintenance Fees 2,527,06 11,819.71
Charge 04/24/2017 LF Late Fees 126,35 11,946,06
ER

Charge 05/24/2017 AF Attorney Fees and Costs 3,712.55 15,658.61

Charge 05/24/2017 II Interest Income 1,006 56 16,665, 17
Charge 06/01/2017 SM Special Assessment 690,83 17,356,00
Charge 07/01/2017 MQ Maintenance Fees 2,527,06 19,883.06
C

Charge 07/25/2017 LF Late Fees 126.35 20,009.41

Charge 10/01/2017 MQ Maintenance Fees 2,527.06 22,536.47
Charge 10/24/2017 LF Late Fees 126.35 22,662.82
Charge 01/01/2018
A

MQ Maintenance Fees 2,570.12 25,232,94

Charge 01/19/2018 LF Late Fees 128.51 25,361.45
Charge 04/01/2018 MQ Maintenance Fees 2,570.12 27,931.57
Charge 04/1912018 LF Late Fees
T

128,51 28,060 08
Res Balance 28,060.08
O
N

Page: 1
 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
THE OAKS AT BOCA RATON PROPERTY
OWNERS' ASSOCIATION, INC., a Florida
not-for-profit corporation,

Plaintiff,
vs.
CASE NO.: 502017CA00453 2XXXXMB
LAURENCE S. SCHNEIDER AND

PY
STEPHANIE L. SCHNEIDER, husband and
wife, their heirs, devisees, grantees,
assignees, creditors, Iienors and trustees;

O
UNKNOWN TENANT #1; UNKNOWN
TENANT #2; and, all other persons claiming

C
by, through, under or against the named
Defendant(s),

ED
Defendant.

------ ------ ---/'

FI
AFFIDAVIT OF ATTORNEYS' FEES AND-COSTS
TI

STATE OF FLORIDA )
ER

:) ss:,
COUNTY OF PALM BEACH 'j .
C

Before me, the undersigned authority, duly authorized to take acknowledgments and

administer oaths in the State and County aforesaid, personally appeared Aleksandra
A

Novakovich Gonzalez who, after being duly sworn on oath, deposes and says:
T

1. That Affiant's law firm is Plaintiff, THE OAKS AT BOCA RATON PROPERTY
O

OWNERS' ASSOCIATION, INC.'s counsel in this action.

N

2. That Affiant has personal knowledge of the facts set forth herein.

3. Thus far, the Affiant's law firm has expended a total fee of $4,490.00,

representing 12.20 hours of attorney time at an hourly rate of $200.00; 2.50 hours of paralegal

time at an hourly rate of $110.00; 8.00 hours of paralegal time at an hourly rate of $100.00;
 and flat-rate legal services of $975.00.

4. In addition, it is expected that Plaintiff will incur additional attorneys' fees for

the preparation and presentation of this Motion through the conclusion of this case in the

amount of $600.00, representing an additional three (3) hours of attorney time at an hourly

rate of $200.00.

PY
5. Plaintiff has incurred or will incur the following costs in this matter:

Clerk of Court Filing Fee $ 456.60

O
Service of Process 360.00
Title Search 75.00

C
Mileage (case mgmt) 40.15
Clerk of Court Recording fee 21.20
Clerk of Court Foreclosure Sale Fee

ED
140.00
Foreclosure Sale Publication Fee 210.00
TOTAL OF COSTS $1,302.95
FI
FURTHER AFFIANT SAYETH NAUGHT.

·1
TI

NQVAKOVICH GONZALEZ, ESQ.

ER
C

SWORN TO:AND SUBSCRIBED before me

thiscb~ ~\'~'Ot#-~~ i_ 2018.
A

-_c: --
tate of Florida
T

My Commission Expires:
O

~ Personally Known to Me OR
N

Produced
---- ---- --- as identification
 Sachs Sax Caplan, P.L.
Time And Expense Details
Report ID: OT2025 - 40921 Printed By MT
Monday, July 30, 2018 Beginning To End Page 1
Client Client Reporting Name Matter Matter Reporting Name Billing Timekeeper
3764 Oaks at Boca Raton POA, Inc. 40996 First American Bank (Schneider -Hani"inel, Edward S.

N
Unbilled Time
Date Timekeeper Hours Hours To Rate Amount Task Activity Narrative

O
Worked Bill

7/3/2018 MT 1.50 1.50 110.00 $165.00 Received Original Affidavit Sums Due from the Association, requested pre-bill for

T
review and preparation of affidavit attorney fees and supporting affidavit for Motion for
Final Judgment. File Motion with court; follow up and check docket entry to set hearing
for Fi~a_f Ju~gment.
7/3/2018 ANG

A
1.20 1.20 200.00 $240.00 Review Affidavits and finalize Motion for Summary Judgment for filing with court

7/19/2018 ANG 0.60 0.60 200.00 $120.00 Review of filed Defendant, Laurenece Scheider's Motion to Strike Plaintiffs Motion for

C
Default. Email communication with counsel contesting the filed motion for default and
request for a 20 day extension to file Answer.
7/19/2018 ANG 0.40 0.40 200.00 $80.00 Notice of filing motion for clerk's Default against both Laurence and Stephanie

ER
Schneider.
7/20/2018 ANG 0.40 0.40 200.00 $80.00 Review of NOA filed on behlaf of Stephanie Schneider and Motion for Extension of
time to Respond to Complaint.
Unbilled Time

TI
Totals

"Billed Time

FI
Date Timekeeper Hours Hours On Rate Amount Task Activity Narrative
Worked Bill
8/8/2016 TV 1.00 1.00 0.00 $125.00 10D Perform deed search and order pertinent documents.· Preparation of initial demand

ED
letter to unit owner. (FLAT FEE)
8/8/2016 vu 0.50 0.50 0.00 $100.00 1ODA Review deed and review initial demand letter to unit owner. (FLAT FEE)
8/24/2016 MT 2.00 2.00 0.00 $200.00 BMAP Receive Summons and Mortgage Complaint; organize Answer and Affirmative
Defenses for filing and service; update status of action and continue monitoring efforts
in accordance with retainer. (FLAT FEE)

C
O
8/24/2016 JSL 1.00 1.00 0.00 $225.00 BMAA Receive and review mortgagee foreclosure complaint. Prepare and organize Answer
and Affirmative Defenses in accordance with Florida law. Receipt and review of all
routine pleadings and routine correspondence, including the Motion for Final Judgment

PY
and Final Judgment. Forward copies of the Final Judgment, Notice of Sale and
Certificate of Title, if applicable. (FLAT FEE)
1/11/2017 TV 2.00 2.00 0.00 $150.00 45D Update Deed Search; Preparation of Claim of Lien and 45 day Intent to Lien Letter to
Owner; and related documents. (FLAT FEE)
1/11/2017 JSL 0.80 0.80 0.00 $125.00 45DA Review Deed Search; review Claim of Lien and execute 45 day Intent to Lien Letter to
Owner; and related documents.(FLAT FEE)
1/31/2017 TV 1.00 1.00 100.00 $10Q,0O Authorization to proceed for foreclosure
1/31/2017 TV 0.50 0.50 100.00 $0.00 Claim of lien forwarded for recording
1/31/2017 JSL 0.30 0.30 200.00 $0.00 Review of title search; review and execution of authorization to proceed letter to client
 Sachs Sax Caplan, P.L.
Time And Expense Details
Report ID: OT2025 - 40921
Printed By MT
Monday, July 30, 2018 Beginning To End Page 2
Billed Time
Date Timekeeper Hours Hours On Rate Amount Task Activity Narrative
Worked Bill

N
2/14/2017 JSL 0.10 0.10 200.00 -$0.00 Review of voicemail from H. Bolz re request for callback
2/14/2017 JSL 0.10 0.10 200.00 $0.00 Review of e-mail from H. Bolz re receipt of clean copy of ledger

O
2/14/2017 JSL 0.20 0.20 200.00 $40.00 Phone conference with H. Bolz re Association claim of lien and discussion re lender
foreclosure case
3/17/2017 JSL 0.40 0.40 200.00 $80.00 E-mail to R. O'Neil re Association options to proceed with foreclosure

T
3/17/2017 JSL 0.20 0.20 200.00 $40.00 Phone conference with R. O'Neil re implications of proceeding with Association lien
foreclosure
4/11/2017 TV 0.50 0.50 100.00 $0.00 Deposit request turned file over to foreclosure.

A
4/18/2017 GSL 0.40 0.40 100.00 $0.00 Compile and photocopy exhibits in preparation of lien foreclosure complaint.
4/19/2017 GSL 0.40 0.40 100.00 $40.00 Perform Accurint search for current address for defendant.
4/19/2017 GSL

C
1.00 1.00 100.00 $100.00 Conduct, review and analyze title search. Order pertinent documents. Review and
analyze file. Calculate sums due, Prepare file for foreclosure. Update task.
4/20/2017 GSL 0.40 0.40 100.00 $40.00 Preparation of Notice of Designation of E-mail addresses.

ER
4/20/2017 GSL 2.50 2.50 100.00 $250.00 Draft lien foreclosure Complaint, Notice of Lis Pendens and proposed Summonses.
4/20/2017 EJT 0.20 0.20 100.00 $0.00 Receive pleading in Bank Action; Update file
4/21/2017 JSL 1.50 1.50 200.00 $300.00 Review file and title search. Review file history to confirm amounts owed and proper
legal description. Review and execute foreclosure complaint, lis pendens and notice

TI
of e-mail designation.
4/26/2017 GSL 0.60 0.60 100.00 $60.00 Update Summonses to reflect issued case number, and attention to filing of same with
the Clerk of Court for issuance; update file.
4/26/2017 GSL 0.40 0.40 100.00 $0.00

FI
Photocopied and compiled complaint package for filing and service; updated task list.
5/8/2017 JSL 0.10 0.10 200.00 $20.00 Review of e-mail from B. Tantillo re representing defendant
5/8/2017 JSL 0.10 0.10 200.00 $20.00 Phone conference with B. Tantillo re proposed solution for amicable resolution
5/10/2017 JSL

ED
0.20 0.20 200.00 $40.00 Review and execution of Notice of Dropping Party - Unknown Tenant #1
5/10/2017 JSL 0.20 0.20 200.00 $40.00 Review and execution of Notice of Dropping Party - Unknown Tenant #2
5/10/2017 JSL 0.10 0.10 200.00 $0.00 Review of e-mail from R. O'Neil re request for invoice
5/10/2017 GSL 0.30 0.30 100.00 $30.00 Correspondence to client regarding additional cost retainer.
5/10/2017 GSL 0.40 0.40 100.00 $40.00 Received service information from Process server; prepared check request to process

C
server; noted file and calendered to move forward.
5/10/2017 GSL 0.60 0.60 100.00 $60.00 Attention to filing of service of process information with the clerk of court for
Defendants Laurence, Stephanie and Unknown Tenants#1 and 2; update file.

O
5/10/2017 GSL 0.40 0.40 100.00 $40.00 Preparation of Notice of Dropping Party as to Unknown Tenant#1; update file.
5/10/2017 GSL 0.40 0.40 100.00 $40.00 Preparation of Notice of Dropping Party as to Unknown Tenant#2; update file.

PY
5/22/2017 JSL 0.10 0.10 200.00 $20.00 Phone conference with 8. Tantillo re settlement offer
5/22/2017 JSL 0.20 0.20 200.. 00 $40.00 Review of e-mail from 8. Tantillo and attached proposed qualifying offer
5/23/2017 JSL 0.20 0.20 200.00 $40.00 Phone conference
Post Date Status Entry Date Original Post Period Original Post Year
05/31/2017 Current Period 05/23/2017 5 2017

5/23/2017 JSL 0.40 0.40 200.00 $80.00 Phone conference with X. Cruz, Esq. re payoff request
5/23/2017 JSL 0.20 0.20 200.00 $40.00 Phone conference with 8. Tantillo re phone conference with X. Cruz and S. Schneider
 \,.,..
Sachs Sax Caplan, P.L.
Time And Expense Details
Report ID: OT2025 - 40921 Printed By MT
Monday, July 30, 2018 Beginning To End Page 3

Billed Time
Date Timekeeper Hours Hours On Rate Amount Task Activity Narrative
Worked Bill

N
5/23/2017 JSL 0.10 0.10 200.00 $20.00 Review of e-mail from R. O'Neil re call received from S. Schneider seeking callback
ASAP

O
5/23/2017 JSL 0.10 0.10 200.00 $20.00 E-mail to R. O'Neil re owner is represented, cannot contact directly
5/23/2017 JSL 0.10 0.10 200.00 $0.00 Review of vm from S. Schneider re request for payoff amount
5/24/2017 JSL 0.20 0.20 200.00 $0.00 E-mail to B. Tantillo re copy of payoff letter attached to e-mail

T
5/24/2017 JSL 0.10 0.10 200.00 $20.00 Review of e-mail from B. Tantillo re inquiry re lack of proration of amounts due on
payoff letter
5/24/2017 JSL 0.20 0.20

A
200.00 $40.00 E-mail response to B. Tantillo re due dates of payments affect amounts which need to
be captured on payoff letter
5/24/2017 JSL 0.30 0.30 200.00 $50.00 Review and execution of payoff letter to owner c/o B. Tantillo
5/24/2017 MT 1.00 1.00 110.00 $110.00 Preparation of sums due; preparation of estoppel to unit owner's attorney; copy to

C
client.
6/23/2017 JSL 0.20 0.20 200.00 $40.00 Review of e-mail from H. Bolz and attached documents re continuation of mortgage

ER
foreclosure in state court rather than Federal Court
6/23/2017 JSL 0.20 0.20 200.00 $40.00 Review of e-mail from H. Bolz and attached correspondence to Judge Ferrara
6/23/2017 JSL 0.10 0.10 200.00 $20.00 Review of e-mail from L. Schneider re out of town
7/10/2017 JSL 0.20 020 200.00 $0.00 Review of e-mail from H. Bolz and attached correspondence in bank foreclosure action

TI
7/11/2017 JSL 0.20 0.20 200.00 $0.00 Review of e-mail from L. Schneider re request for copies of all documents forwarded to
judge by H. Bolz
7/12/2017 JSL 0.30 0.30 200.00 $0.00 Review of e-mail response from H. Bolz and attached documents
7/20/2017 JSL 0.10 0.10 200.00 $0.00 Review of vm from H. Bolz re request for callback

FI
7/20/2017 JSL 0.20 0.20 200.00 $40.00 Phone conference with H. Bolz re copy of final judgment of foreclosure
8/29/2017 JSL 0.20 0.20 200.00 $0.00 Review of e-mail from H. Bolz, motion to strike

ED
8/30/2017 JSL 0.20 0.20 200.00 $0.00 Review of e-mail and attached correspondence from H. Bolz
9/25/2017 JSL 0.20 0.20 200.00 $0.00 Review and execution of Certificate of Serving Clerk's Notice of Reassignment
5/23/2018 ANG 0.90 0.90 200.00 $180.00 Prepare for case management hearing scheduled for 5.24.2018 at 11 :ODAM. Review
of Association's case docket, Bank's docket, and pending Appellate case docket.
5/24/2018 ANG 3.00 3.00 200.00 $600.00 Attend hearing on Court Order Setting Case Management Conference in West Palm
Beach, travel time to and from herein included.

C
617/2018 ANG 0.50 0.50 200.00 $100.00 Review of affid::ivit nf s:, ,mc:c rl, ,
0

O
PY