12-2031H

FIRST INSERTION
NOTICE OF ACTION
IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
SMALL CLAIMS
CASE NO.: 09-32315 I
CHARTER TITLE, LLC
Plaintiff, vs.
ANGELA PULECIO-DURAN and
JULIE FOURNET,
Defendants.
To: Julie Fournet
5707 Tanagerlake Road
Lithia, Florida 33547
YOU ARE HEREBY NOTIFIED that an action seeking to interplead funds has been filed against you and Angela Pulecio-Duran and you are required to appear in person or by an attorney for a PRETRIAL CONFERENCE before a judge of this court at Court Room 305, located at 800 E. Twiggs Stree, Tampa, FL 33602, 9th, on the day of July, 2012, at 10:00 am
IMPORTANT-READ
CAREFULLY
THE CASE WILL NOT BE TRIED AT THE PRETRIAL CONFERENCE BUT MAY BE MEDIATED AT THAT TIME.
DO NOT BRING WITNESSES. YOU MUST APPEAR IN PERSON OR BY AN ATTORNEY.
WHOEVER APPEARS FOR A PARTY MUST HAVE FULL AUTHORITY TO SETTLE FOR ALL AMOUNTS FROM ZERO TO THE AMOUNT OF THE CLAIM WITHOUT FURTHER CONSULTATION. FAILURE TO COMPLY MAY RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDING COSTS, ATTORNEY FEES, ENTRY OF
JUDGMENT, OR DISMISSAL.
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 prosecution. A written MOTION or ANSWER to the court by the plaintiff(s) or defendant(s) shall not excuse the personal appearance of a party or its attorney in the PRETRIAL CONFERENCE/MEDIATION. The date and time of the pretrial conference CANNOT be rescheduled without good cause and prior court approval.
A corporation may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation. Written authorization must be brought to the Pretrial Conference/Mediation.
The purpose of the pretrial conference is to record your appearance, to determine if you admit all or part of the claim, to enable the court to determine the nature of the case, and to set the case for the trial if the case cannot be resolved at the pretrial conference. You or your attorney should be prepared to confer with the court and to explain briefly the nature of your dispute, state what efforts have been made to settle the dispute, exhibit any documents necessary to prove the case, state the names and addresses of your witnesses, stipulate to the facts that will require proof and will expedite the trial, and estimate how long it will take to try the case.
Mediation
Mediation may take place during the time scheduled for the pretrial conference. Mediation is a process whereby an impartial and third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties, without prescribing what the resolution should be. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement.
In mediation, decision making rests with parties. Negotiations in county court mediation are primarily conducted by the parties. Counsel for each party may participate. However, presence of counsel is not required. If a full agreement is not reached at mediation, the remaining issues of the case will be set for trial. Mediation communications are confidential and privileged except where disclosures are required of permitted by law.
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 the suit is on unsecured promissory note, where the note is signed or where the 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;
7. In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.
If you, as the defendant(s), believe the plaintiff(s) has/have not sued in one of these correct places, you must appear on your court date and orally request a transfer, or you may file a WRITTEN request for transfer, in affidavit form (sworn to under oath) with the court 7 days prior to your first court date and send a copy to the plaintiff(s) or the plaintiff(s) attorney, if any.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding , you are entitled, at no cost to you, to the provision of certain assistance. Please contact Clerk's ADA Coordinator, 601 East Kennedy Boulevard, Tampa, Florida (813) 276-8100 extension 4205, within 2 working days prior to the date the service is needed; if you are hearing or voice impaired, call 711.
Dated this May 21, 2012
PAT FRANK
Clerk of the Circuit Court
By: Pauline A. Takiguchi (seal)
Deputy Clerk
Attorney for Plaintiff:
MARK A. LEONARD, Esq.
HAMILTON & LEONARD, P.A.
P.O. Box 1768
Valrico, Florida 33595
(813) 381-3992
June 1, 8, 15, 22, 2012 12-2031H