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City v. LincourtLAW OFFICES OF CONELY, CONELY & BRYANT JAN l8 T.W. CONELY, JR. 189E -1969 TOM W. CONELY. III JERALD D. BRYANT 207 NORTHWEST 2ND STREET OKEECHOBEE, FLORIDA 34972 January 15, 1988 Mr. John Drago City Administrator City Hall 55 S.E.'Third Avenue Okeechobee, Florida 34974 RE: City vs. Lincourt d /b /a Wash. Bowl Collection of unpaid water /sewer charges Dear John: 1813) 763-3825 763 -2767 467 -1776 Enclosed is a copy of the Notice Setting Pretiral conference in this case on February 24, 1988 at 9:00 a.m. I will attend on behalf of the City. I also enclose an Affidavit /Proof of Claim which should be signed by L.C. Fortner, notarized, and returned to me for use at the pretrial conference. If the Defendant fails to appear or admits liability at the hearing, a judgment will be entered at that time. If Defendant appears and contests the matter, a trial will be set some time in the future. I will advise you of the hearing results. JDB :lc cc: L.C. Fortner, Jr., Dir. Pub. Utilities enclosure IN THE COUNTY COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR OKEECHOBEE COUNTY FLORIDA. CASE NO.: 87- 311 -SP CITY OF OKEECHOBEE, FLORIDA, Plaintiff, vs. VINCENT LINCOURT, f /d /b /a WASH BOWL LAUNDROMAT, Defendant. AFFIDAVIT /PROOF OF CLAIM STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, the undersigned authority, personally appeared L.C. FORTNER, JR., who, after being duly sworn deposes and says 0 that: LL 0 1. Affiant is employed by the CITY OF OKEECHOBEE, Plaintiff U Y herein, as the Director of Public Utilities. As such, Affiant is } responsible for the supervision of the water and sewer operations of the City. 2. Affiant has personal knowledge of the facts herein. 3. From October 19 , 19 77 to April, 1985, Defendant was 0 provided water and /or sewer services by the City. As of April 11, 1985 there remained due and owing from Defendant to the City the sum of $1,325.42 for such services, which amount has not been paid to date. 4. The City has rendered to Defendant monthly statements of the amount due, true and correct copies of which are attached to the Statement of Claim filed herein. Defendant has not objected to said statements. 5. Defendant has failed to pay the amount due to the City. 6. As of January 15 , 1988 there remains due and owing to the City the sum of $ 1.325.42 for past due services, $ _o_ for penalties /service charges, and $ 439.15 for interest at the legal rate from April 11 , 19 85 through January 15 , 19 88, for a total of $ 1,764.57 plus $ ,44 per diem interset since January 15 , 19 88 . 7. Plaintiff has retained its undersigned attorney to represent it in this action and is obligated to pay a fee of $_ per hour. Such attorney's fee is recoverable from Defendant. FURTHER AFFIANT SAYETH NOT. te SWORN TO and SUBSCRIBED before me this day o , 1988. LA NOTARY PUBLIC My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA NY COMMISSION EXP. APR 15,1990 BONDED THRU GENERAL INS. UND. CONELY, CONELY & BRYANT, OKEECHOBEE, FLORIDA vs IN THE COUNCOURT IN AND FOR THE NIiJETEENTIW'JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR OKEECHOBEE COUNTY CIVIL DIVISION CITY OF OKEECHOBEE, FLORIDA, a Florida municipal corp., 55 S. E. 3rd AVENUE OKEECHOBEE, FL 34974 Plaintiff(s) VINCENT LINCOURT f /d /b /a WASH BOWL LAUNDROMAT 220 S. E. 8th AVENUE OKEECHOBEE, Fliefe Gant (s ) CASE NO. 87- 311 -SP SUMMONS /NOTICE TO APPEAR FOR PRE -TRIAL CONFERENCE STATE OF FLORIDA- NOTICE TO PLAINTIFF($) CITY OF OKEECHOBEE, FL NOTICE TO DEFENDANT(S) VINCENT LINCOURT f /d /b /a WAS)) BOWL LAUNDROMAT YOU ARE HEREBY NOTIFIED that you are required to appear in person or by an attorney at the OKEECHOBEE COUNTY COURTHOUSE, located at 304 N.W. 2nd STREET, OKEECIOBEE FLORIDA on the 24th day of FEBRUARY ,19 88 at NINE A.M for a PRE -TRIAL CONFERENCE before a Judge of this Court. IMPORTANT READ CAREFULLY THE CASE WILL NOT BE TRIED AT THAT TIME DO NOT BRING WITNESSES - APPEAR IN PERSON OR BY AN ATTORNEY The Defendant(s) must appear in court on the date specified in order to avoid a Default Judgment. The Plaintiff(s) must appear to avoid having the case dismissed for lack of rusecution. A written MOTION or ANSWER to the court by the Plaintiff(s) or the Defendant(s) shall not excuse the personal appearance of a party or its attorney at the PRE -TRIAL CONFERENCE. The date and /or time of the Pre -Trial Conference CANNOT be rescheduled without 2ood a'.;se and prior court approval. The purpose of the Pre -Trial Conference is to record your appearance, to determine if you Ad it all or part of the claim, to enable the court to determine the nature of the case and tc : =_t: the case for trial if the case cannot be resolved at the Pre -Trial Conference. You or •✓our attorney should be prepared to confer with the court and to explain briefly the nature of v,)ur dispute; state what efforts have been made to settle the dispute; exhibit any docu- ments necessary to prove the case; state the names and addresses of your witnesses; stipulate to the facts that will require no proof and will expedite the trial;and estimate how long it will take to try the case. If you admit the claim, but desire additional time to pay, you must come and state the circumstances to the Court. The Court may or may not approve a payment plan and withhold Judgment or Execution or Levy. RIGHT TO VENUE: The law gives the person or company who has sued you the right to file suit in any one of several places as listed below. However, if you have been sued in any place other than one of these places, you, as the defendant(s) have the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following: 1) Where the contract was entered into; 2) If suit is on unsecured promissory note, where note is signed or where maker resides; 3) If the suit is to recover property or to foreclose a lien, where the property is located; 4) Where the event giving rise to the suit occurred; 5) Where any one or more of the defendant(s) sued resides; 6) any location agreed to in a contract. In an action for money due, if there is no agreement as to where suit may be filed, proper venue lies in the county where payment is to be made. If you as a Defendant(s), believe the Plaintiff(s) has /have not sued in one of these correr-t places, you must appear on your court date and orally request a transfer or you mayfile a WRITTEN request for transfer, in Affidavit form (sworn to under oath) with the court seven days prior to your first court date and send a copy to the Plaintiff(s) or Plaintiff(s) attorney. A copy of the Statement of Claim shall be served with this Summons. !gated at Okeechobee, Florida on this 29th day of DECEMBER , 193 87 . (Court Seal) GLORIA J. FORD CLERK OF COUNTY COURT OKEECHOBEE COUNTY, FLORIDA /If / BY AL DEPUTY CLERK LAW OFFICES OF CONELY, CONELY & BRYANT T.W. CONELY. JR. 1892 -1969 Tom W. CONELY. 1II JERAI.D D. BRYANT f" EB 2 9 l9$ 207 NORTHWEST 2ND STREET OKEECHOBEE. FLORIDA 34972 February 26, 1988 L.C. Fortner, Jr. Director of Public Utilities c/o City Hall 55 S.E. Third Avenue Okeechobee, Florida 34974 RE: City vs. Lincourt Our file No. CITY -076 Dear L.C.. (813) 763-3825 763 -2767 467 -1776 A Stipulation (agreement) was entered into with Mr. Lincourt at the Pretrial Conference on February 24, 1988, requiring Mr. Lincourt to pay a total of $1,822.20 for water service fees and court costs. Payment is to be made at the rate of $100.00 per month beginning March 15, 1988 and continuing on the 15th of each month thereafter until paid in full. (A copy of the Stipulation is enclosed for your records). If any monthly payment is not made as agreed, the Court will enter a judgment against Lincourt upon the filing of an affidavit with the court. I recommend that you set up a ledger or other record of this account and calendar the 15th of each month for a payment due. If no payment is received, notify me or the new City Attorney so that the necessary affidavit can be prepared. I have prepared an amortization schedule which you may find helpful. The Judge did not award attorneys fees to the City in this case and I am doing further research to determine whether that decision was appropriate. We may need to change our ordinance and the agreement signed by water and sewer customers to assure that the City is entitled to recover such fees. I also enclose a copy of a letter to Lincourt regarding payment of this bill. ruly yours, rald JDB :lc enclosure cc: City Administrator