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IN THE CIRCUIT COURT FOR MARION COUNTY, FLORIDA

CIRCUIT CIVIL CASE NO.:

ON TOP OF THE WORLD CONDOMINIUM


ASSOCIATION, INC.

Plaintiff,

vs.

TYRONE P. GECKLER, BARBARA A.


GECKLER, AND UNKNOWN TENANTS
AND/OR PERSONS IN POSSESION,

Defendants.
________________________________________/

COMPLAINT

Plaintiff, ON TOP OF THE WORLD CONDOMINIUM ASSOCIATION, INC., by and


through its undersigned attorney, sues Defendant(s), and alleges:

1. This is an action to foreclose a claim of lien on real property in MARION County, Florida.
The legal description of the property is:
BLOCK 08, LOT 22, PLAT: Candler Hills East Units E I J, according to the Plat
thereof recorded in Plat Book 9, Pages 158-166 of the Public Records of Marion
County, Florida, more commonly described as 8422 SW 84th Loop, Ocala, FL 34481.

2. On February 12, 2010, ON TOP OF THE WORLD CONDOMINIUM ASSOCIATION,


INC., filed a Claim of Lien against, Defendant(s), TYRONE P. GECKLER and BARBARA
A. GECKLER, which was recorded in Official Records Book 05316, Page 1985-1986 of the
Public Records of MARION County, Florida, a copy of the Claim of Lien is attached as
Exhibit A to the Complaint.

3. Defendants, TYRONE P. GECKLER, BARBARA A. GECKLER AND UNKNOWN


TENANTS AND/OR PERSONS IN POSSESSION, have failed and/or refused to remit
community service fees which are due and owing to Plaintiff. The total amount due and
owing as of the filing of the lien foreclosure action is $1,274.40, plus interest, costs and
attorney’s fees.
4. Defendants, TYRONE P. GECKLER, BARBARA A. GECKLER AND UNKNOWN
TENANTS AND/OR PERSONS IN POSSESSION, have been provided with notice of
default and intent to foreclose on the Claim of Lien, a copy of that notice being attached as
Exhibit B.
5. Defendants, TYRONE P. GECKLER, BARBARA A. GECKLER AND UNKNOWN
TENANTS AND/OR PERSONS IN POSSESSION own and hold possession of the above-
described property.
6. Defendant, UNKNOWN TENANTS OR PERSONS IN POSSESSION, may claim some
interest in the subject property by virtue of their possession or occupancy of the same. That
interest, if any, is subordinate, junior, and inferior to the lien of Plaintiff's mortgage.
7. The property sought to be foreclosed herein is a dwelling located with a Homeowners
Association. Plaintiff is the homeowners association and is therefore entitled to bring this
action.
8. Plaintiff is obligated to pay its attorney a reasonable fee for their services.
9. The Claim of Lien filed by ON TOP OF THE WORLD CONDOMINIUM
ASSOCIATION, INC. on February 12, 2010 is superior to any unrecorded lien or
encumbrance affecting the Defendants or the above-described property.
10. This is an attempt to collect a debt in accordance with the provisions of the Federal Debt
Collection Practices Act. The provisions relating to a notice required by that Act are
attached as Exhibit C.

WHEREFORE, Plaintiff, ON TOP OF THE WORLD CONDOMINIUM ASSOCIATION,


INC., demands judgment foreclosing its lien and, if proceeds of the sale are insufficient to pay
Plaintiff's claim, a deficiency judgment and any other relief that the court considers just.

DATED this ___ day of ___________, 2010


______________________________
Michael F. Uzdavines, Esq.
Uzdavines Law Group, P.A.
7243 Bryan Dairy Road
Largo, Florida 33777
Tel: 727-723-0008
Fax: 727-723-0003
Attorney for Plaintiff

EXHIBIT C
This Notice is required by the Fair Debts Collection Practices Act (the "Act"), 15 U.S.C.
§§1692 et seq., as amended.

1. The amount of the debt is stated in paragraph three (3) of the complaint attached
hereto.

2. The plaintiff named in the attached summons and complaint is the creditor to whom
the debt is owed or is the servicing agent for the creditor to whom the debt is owed.

3. The debt described in the complaint attached hereto and evidenced by the copy of
the mortgage note attached hereto will be assumed to be valid by the creditor's law firm, unless the
debtor, within 30 days after the receipt of this notice, disputes, in writing, the validity of the debt or
some portion thereof.

4. If the debtor notifies the creditor's law firm in writing within 30 days of the receipt
of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a
verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's
law firm.

5. The name of the original creditor is set forth in the mortgage and note attached
hereto. If the creditor named as plaintiff in the attached summons and complaint is not the original
creditor, and if the debtor makes a written request to the creditor's law firm within 30 days from the
receipt of this notice, the address of the original creditor will be mailed to the debtor by the
creditor's law firm.

6. Written request required by this Act should be addressed to:

Michael F. Uzdavines, Esq.


Uzdavines Law Group, P.A.
7243 Bryan Dairy Road
Largo, Florida 33777

Tel: 727-723-0008
Fax: 727-723-0003

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