FL Defendant Motion to Quash Service and Set Aside Default

8/3/2019 FL Defendant Motion to Quash Service and Set Aside Default

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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUITIN AND FOR PINELLAS COUNTY, FLORIDACIVIL DIVISION

METLIFE HOME LOANS, A DIVISIONOF METLIFE BANK, N.A.

Plaintiff, CASE NO: 09-4019-CI-11v.

BRYGITTE BRADSHAW AJKJA BRIGITTEBRADSHAW, et ai,Defendants.

/-------------------- ----DEFENDANT'S MOTION TO QUASH SERVICE OF PROCESS

AND SET ASIDE DEFAULTNOW INTO COURT, through undersigned counsel, comes Brigitte Bradshaw

("Defendant"), who files this Motion to Quash Service of Process and Set Aside Default,and as grounds therefore would state as follows:

1. Plaintiff, filed this foreclosure action against Defendant on or about March5,2009.

2. As sworn to in Defendant's Affidavit attached hereto as Exhibit "A", thefirst time Defendant became aware of this lawsuit was when she received a copy ofPlaintiffs Motion for Summary Final Judgment of Foreclosure in the mail at her addressof 4401 25th Avenue North, St. Petersburg, FL 33713 addressed to her as well as copyaddressed to "Current Tenants." A copy of both envelopes is attached hereto as Exhibit"B".

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3. A review of the court file shows that service of process was purportedlymade upon the Defendant by individual service at Defendant's address of 4401 25thAvenue North, St. Petersburg, FL 33713. A copy of the Return of Service is attachedhereto as Exhibit "C".

4. As stated In Defendant's Affidavit attached hereto as Exhibit "A",Defendant was never served with any summons or complaint at any time or anyplacerelative to this lawsuit.

5. Defendant lived at the purported service address during March of 2009, as

this is her homesteaded and primary residence, but she was never served with any legaldocuments while residing at that address, and has never been served with the summonsand complaint in this matter as claimed in the purported Affidavit of Service. SeeAffidavit of Defendant attached as Exhibit "A".

6. Because Defendant was never served with the summons and complaint inthis matter, the Default entered on September 28, 2010 should also be set aside.

WHEREFORE, Defendant requests that this Honorable Court quash service ofprocess against Defendant and set aside the Default entered on September 28, 2010, andgrant such other and further relief that may be awarded at law or in equity.

I HEREBY CERTIFY that a copy hereof as been furnished by United States Mail,postage prepaid, to Miguel Indo-Romero, Esq., Law Offices of David 1. Stem, P.A., 900South Pine Island Road, Suite 400, Plantation, Florida 33324-3920, this.:.~ j.;,t- day ofOctober, 2010.

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JONB. eOA5022 73rc ! AvenuPineIlas Park, Florida 33781Tel: 727-456-4462; Fax: 727-456-4463Email: Jon@]onCoatsLaw.comFlorida Bar No. 0642401 SPN# 02466344Attorney for Defendant, Brigitte Bradshaw

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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUITIN AND FOR PINELLAS COUNTY, FLORIDA

CIVIL DIVISIONMETLIFE HOME LOANS, A DIVISIONOF METLlFE BANK, N.A.

Plaintiff, CASE NO: 09-40 19-CI-11v.BRYGITTE BRADSHAW AlK.JA BRIGITTEBRADSHAW, et al,

Defendants.--------------------------~/

AFFIDAVIT OF BRIGITTE BRADSHAW

BEFORE M E, the undersigned authority, duly authorized to take acknow ledgm ents andadm inister oath s, personally appeared Brigitte Bradshaw ("Affiant"), w ho deposes and says underp en alties of perjury under the laws of the United States of America that:1 . I am over the age of 18 and have personal knowledge of the statements contained in th isaffidavit.2 . The first time [ ever became aware of th is foreclosure lawsuit was the first week ofOctober 2010 when an envelopes containing a Motion for Summary Judgment addressed tomyself and to "Current Tenants" from the Law Offices of David J. Stern, P.A. was delivered byU .S. M ail to my address at 440 I 25 1 h A venue N OIth , St. P etersburg, FL 33713.3. At no time was I ever served or received any legal documents wh ile residing at myaddress of 4401 25 1 h A v enue North , St. Petersburg, FL 33713 or at any other location or address,and was never served with the summons and CDI~t

B, [TTE RAg AWSTATE OF FLORIDACOUNTY OF PrNELLAS

I)Sworn to, affirm ed, acknow ledged and subscribed before m e th is .,2Oday of October,2010 by Brigitte Bradshaw , who is personally known to me or produced __ -=-=====::;==

as identification. ----- ~~~_" NOTARYP~LORIDA

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ProVest, LLC - Tampa4520 Seedling CircleTampa, FL 33614

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1SA25579942If i:S09-J 9095

RETURN OF SERVICEIN THE CIRCUIT COURT OF PINELLAS COUNTY, FLORlDA

1'1.,\1 NTIl'1 METLIIT HOME LOANS, ,\ DIVISION OF ME lL I! '! : BI\NK, NA; c i seq,\'5,DUTNIMNT IWYGlTTI' BRADSI 1 1' 1W A IK IA BRIGITTE nRA !)SH A W A /K /A IlRY GrrrF I\. IlRA[)SHA W , ET i'lL, "DEFENDANT TO BE SEI{VED: IIRYGlTn: BRADSIIA W AlKiA IIR'GITTE BRADS", \ W MK/A BRYGlTn: A. HRAJ)SIIA WCASE NO 52,2009,(,;\-00401,)1)1VISION II

TYPE OF PROCESS (x) SUMMONS & COMPLAINT (x) LIS PENDENS( 10110:R

R eceived th is process on the 3/512009 at 9 :00 AMI x ) served () not served the within named defendant

I)I\TI:/TIME 3110 / 21H l9 9 :55 :00 l\r~'1 ADDRESS WHERESERVEDlOR ATTEMPTED)

4401 25T1I A VENUE NORTIIS T. P ET ER SH lIR C, F L 33713

.J I~) INDIVIDUAL SERVICE: By delivering to th e w ith in nam ed defendant a true copy of th is process with the dale and hour of s er vi ce e ndo rs ed by me .and. al th e x am e lime 1 delivered III t he w it hi n n am ed d ef en da nt a copy of t h e c omp la in t

(x) Mrlitarv Status: ) Refused (x) No(~) Marital Status ) Refused (x ) No t married(x) Mobile l lnme ) YcslYJN No l Visible (x) No

) Y es) Mar ried) Yes

Branch:( ) M arried. but separatedYin:

COMMENTS '

I hereby certify that I am not a party to th e a bo ve a ct io n or s uit a nd I a m over the age or 1 8 y ea rs an d t he a bo ve a ff id av it is true an d correct.lare thatl haver d the rO!~Qi~g d9rU",I:l11 and that tbe facts Sl311'

FL Defendant Motion to Quash Service and Set Aside Default

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