-
-
Loading
Loading
NOTICE OF ACTION
BY PUBLICATION
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
CASE NO. 23-009026-CI
WYNDHAM VACATION RESORTS, INC., F/K/A FAIRFIELD RESORTS, INC., F/K/A FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION,
Plaintiff, vs.
MICHAEL W POLLARD, et al,
Defendants.
TO THE FOLLOWING DEFENDANTS WHOSE RESIDENCES ARE UNKNOWN:
COUNT I:
TO: MICHAEL W POLLARD
1524 SHEEPSHEAD BAY RD AP
BROOKLYN, NY 11235
COUNT II:
TO: JAVIER HERNANDEZ PADILLA
1335 BEACH AVE APT 3B
BRONX, NY 10472
COUNT III:
TO: ELIZABETH ANN PISTOLE
P O BOX 95125
OKLAHOMA CITY, OK 73143
TO: GARY CLIFTON PISTOLE
P O BOX 95125
OKLAHOMA CITY, OK 73143
COUNT IV:
TO: CLAY EDWARD GARING
361 HARTMANN RD
EVANS CITY, PA 16033
TO: BARBARA ANN GARING
361 HARTMANN RD
EVANS CITY, PA 16033
COUNT V:
TO: SHARON C SMITH
5 KENT LN
BLOOMFIELD, CT 06002
TO: JUNIOR C SMITH
5 KENT LN
BLOOMFIELD, CT 06002
The above-named Defendant(s) is/are not known to be dead or alive and/or, if dead, the unknown spouses, heirs, devisees, grantees, assignees, lienors, creditors, trustees, or other claimants, by, through under or against said Defendants and all parties having or claiming to have any right, title or interest in the property described below.
YOU ARE HEREBY NOTIFIED of the institution of the above-styled foreclosure proceedings by the Plaintiff, WYNDHAM VACATION RESORTS, INC., F/K/A FAIRFIELD RESORTS, INC., F/K/A FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION, upon the filing of a complaint to foreclose a mortgage and for other relief relative to the following described property:
COUNT I: MICHAEL W POLLARD
One (1) Standard Vacation Ownership Interest (“VOI”) having a 431,000/322,487,000 undivided tenant-in-common fee simple interest in real property commonly known as Units Numbered 971, 972, 974, 976, 977, 978, 979, 980, 981, 982, 983, 1271, 1274, 1276, 1277, 1280, 1282, 1283 of CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM”), TOGETHER WITH ALL APPURTENANCES THERETO, ACCORDING AND SUBJECT TO THE DECLARATION OF CONDOMINIUM OF CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM DECLARATION”), AS RECORDED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 176 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, TOGETHER WITH ANY AND ALL APPURTENEANCES THERETO; AND THE DECLARATION OF VACATION PLAN FOR CLEARWATER BEACH RESORT VACATION OWNERSHIP PLAN (“TIMESHARE DECLARATION”), AS RECORDED IN OFFICIAL RECORDS BOOK 19519, PAGE 2693, ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TOGETHER WITH ANY AND ALL AMENDMENTS AND SUPPLEMENTS THERETO; AND MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CLEARWATER BEACH RESORT (“MASTER DECLARATION”), AS RECORED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 20 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH ANYAND ALL APPURTENANCES THERETO; THE SAID CONDOMINIUM DECLARATION, MASTER DECLARATION AND TIMESHARE DECLARATION BEING HEREINAFTER COLLECTIVELY REFERRD TO AS THE “DECLARATIONS”.
The Vacation Ownership Interest (“VOI”) described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 431,000 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT II: JAVIER HERNANDEZ PADILLA
One (1) Standard Vacation Ownership Interest (“VOI”) having a 134,000/322,487,000 undivided tenant-in-common fee simple interest in real property commonly known as Units Numbered 971, 972, 974, 976, 977, 978, 979, 980, 981, 982, 983, 1271, 1274, 1276, 1277, 1280, 1282, 1283 of CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM”), TOGETHER WITH ALL APPURTENANCES THERETO, ACCORDING AND SUBJECT TO THE DECLARATION OF CONDOMINIUM OF CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM DECLARATION”), AS RECORDED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 176 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, TOGETHER WITH ANY AND ALL APPURTENEANCES THERETO; AND THE DECLARATION OF VACATION PLAN FOR CLEARWATER BEACH RESORT VACATION OWNERSHIP PLAN (“TIMESHARE DECLARATION”), AS RECORDED IN OFFICIAL RECORDS BOOK 19519, PAGE 2693, ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TOGETHER WITH ANY AND ALL AMENDMENTS AND SUPPLEMENTS THERETO; AND MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CLEARWATER BEACH RESORT (“MASTER DECLARATION”), AS RECORED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 20 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH ANYAND ALL APPURTENANCES THERETO; THE SAID CONDOMINIUM DECLARATION, MASTER DECLARATION AND TIMESHARE DECLARATION BEING HEREINAFTER COLLECTIVELY REFERRD TO AS THE “DECLARATIONS”.
The Vacation Ownership Interest (“VOI”) described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 134,000 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT III: ELIZABETH ANN PISTOLE and GARY CLIFTON PISTOLE
One (1) Standard Vacation Ownership Interest (“VOI”) having a 1,000,000/158,536,000 undivided tenant-in-common fee simple interest in real property commonly known as Units Numbered S1571, S1574, S1576, S1577, S1580, S1582, S1583 of CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM”), TOGETHER WITH ALL APPURTENANCES THERETO, ACCORDING AND SUBJECT TO THE DECLARATION OF CONDOMINIUM OF CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM DECLARATION”), AS RECORDED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 176 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, TOGETHER WITH ANY AND ALL APPURTENEANCES THERETO; AND THE DECLARATION OF VACATION PLAN FOR CLEARWATER BEACH RESORT VACATION OWNERSHIP PLAN (“TIMESHARE DECLARATION”), AS RECORDED IN OFFICIAL RECORDS BOOK 19519, PAGE 2693, ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TOGETHER WITH ANY AND ALL AMENDMENTS AND SUPPLEMENTS THERETO; AND MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CLEARWATER BEACH RESORT (“MASTER DECLARATION”), AS RECORED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 20 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH ANYAND ALL APPURTENANCES THERETO; THE SAID CONDOMINIUM DECLARATION, MASTER DECLARATION AND TIMESHARE DECLARATION BEING HEREINAFTER COLLECTIVELY REFERRD TO AS THE “DECLARATIONS”.
The Vacation Ownership Interest (“VOI”) described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 1,000,000 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT IV: CLAY EDWARD GARING and BARBARA ANN GARING
One (1) Standard Vacation Ownership Interest (“VOI”) having a 1,154,000/158,536,000 undivided tenant-in-common fee simple interest in real property commonly known as Units Numbered 1471, 1474, 1476, 1477, 1480, 1482, 1483 of CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM”), TOGETHER WITH ALL APPURTENANCES THERETO, ACCORDING AND SUBJECT TO THE DECLARATION OF CONDOMINIUM OF CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM DECLARATION”), AS RECORDED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 176 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, TOGETHER WITH ANY AND ALL APPURTENEANCES THERETO; AND THE DECLARATION OF VACATION PLAN FOR CLEARWATER BEACH RESORT VACATION OWNERSHIP PLAN (“TIMESHARE DECLARATION”), AS RECORDED IN OFFICIAL RECORDS BOOK 19519, PAGE 2693, ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TOGETHER WITH ANY AND ALL AMENDMENTS AND SUPPLEMENTS THERETO; AND MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CLEARWATER BEACH RESORT (“MASTER DECLARATION”), AS RECORED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 20 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH ANYAND ALL APPURTENANCES THERETO; THE SAID CONDOMINIUM DECLARATION, MASTER DECLARATION AND TIMESHARE DECLARATION BEING HEREINAFTER COLLECTIVELY REFERRD TO AS THE “DECLARATIONS”.
The Vacation Ownership Interest (“VOI”) described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 1,154,000 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
COUNT V: SHARON C SMITH and JUNIOR C SMITH
One (1) Standard Vacation Ownership Interest (“VOI”) having a 653,000/322,487,000 undivided tenant-in-common fee simple interest in real property commonly known as Units Numbered 971, 972, 974, 976, 977, 978, 979, 980, 981, 982, 983, 1271, 1274, 1276, 1277, 1280, 1282, 1283 of CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM”), TOGETHER WITH ALL APPURTENANCES THERETO, ACCORDING AND SUBJECT TO THE DECLARATION OF CONDOMINIUM OF CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM DECLARATION”), AS RECORDED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 176 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY FLORIDA, TOGETHER WITH ANY AND ALL APPURTENEANCES THERETO; AND THE DECLARATION OF VACATION PLAN FOR CLEARWATER BEACH RESORT VACATION OWNERSHIP PLAN (“TIMESHARE DECLARATION”), AS RECORDED IN OFFICIAL RECORDS BOOK 19519, PAGE 2693, ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA TOGETHER WITH ANY AND ALL AMENDMENTS AND SUPPLEMENTS THERETO; AND MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CLEARWATER BEACH RESORT (“MASTER DECLARATION”), AS RECORED ON FEBRUARY 2, 2017 IN OFFICIAL RECORDS BOOK 19507, PAGE 20 ET SEQ., PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH ANYAND ALL APPURTENANCES THERETO; THE SAID CONDOMINIUM DECLARATION, MASTER DECLARATION AND TIMESHARE DECLARATION BEING HEREINAFTER COLLECTIVELY REFERRD TO AS THE “DECLARATIONS”.
The Vacation Ownership Interest (“VOI”) described above has a(n) ANNUAL Ownership Interest as described in the Declaration and such Ownership Interest has been allocated 653,000 Points as defined in the Declaration for use in EACH year(s). The Usage Right of the VOI is a Floating Use Right.
ALL within CLEARWATER BEACH RESORT VO CONDOMINIUM (“CONDOMINIUM”), together with all appurtenances thereto, according and subject to the Declaration of Condominium of Clearwater Beach Resort VO Condominium (“Condominium Declaration”), as recorded on February 2, 2017 in Official Records Book 19507, Page 176 et seq., public records of Pinellas County, Florida, together with any and all appurtenances thereto; and the Declaration of Vacation Plan for Clearwater Beach Resort Vacation Ownership Plan (“Timeshare Declaration”), as recorded in Official Records Book 19519, Page 2693 et seq., public records of Pinellas County, Florida together with any and all amendments and supplements thereto; and Master Declaration of Covenants, Conditions and Restriction of Clearwater Beach Resort ((“MASTER DECLARATION”), as recorded on February 2, 2017 in Official Records book 19507, Page 20 et seq., public records of Pinellas County, Florida, together with any and all appurtenances thereto; the said Condominium Declaration, Master Declaration and Timeshare Declaration being hereinafter collectively referred to as the “Declarations”.
AND you are required to serve a copy of your written defenses, if any to the complaint, upon Tara C. Early, Esq., Gasdick Stanton Early, P.A., 1601 W. Colonial Dr., Orlando, FL, 32804, attorneys for the Plaintiff, within 30 days from the first date of publication, and file the original with the Clerk of the above-styled Court either before service on Plaintiff's attorney or immediately thereafter, otherwise a default will be entered against you for the relief demanded in the Complaint.
Pursuant to the Fair Debt Collection Practices Act, it is required that we state the following to you: THIS DOCUMENT IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REQUESTS FOR ACCOMMODATIONS BY PERSONS WITH DISABILITIES
If you are a person with a disability who needs any accommodation in order to participate in a court proceeding or event, you are entitled, at no cost to you, to the provision of certain assistance. Please contact: ADA Coordinator, Human Resources, Pinellas County Courthouse, 315 Court Street, Clearwater, Pinellas County, FL 33756-5165, (727)464-7000; at least 7 days before your scheduled court appearance, or immediately upon receiving notification if the time before the scheduled court appearance is less than 7 days. If you are hearing or voice impaired, call 711 to reach the Telecommunications Relay Service.
DATED on this 13th day of February, 2024.
Ken Burke
As Clerk of the Court
BY: /s/ Thomas Smith
Deputy Clerk
Tara C. Early, Esq.
Florida Bar #0173355
Gasdick Stanton Early, P.A.
1601 W. Colonial Dr.
Orlando, FL, 32804
Ph. (407)425-3121
Fx (407) 425-4105
E-mail: [email protected]
February 16, 23, 2024 24-00805N