Filing # 153193065 E-Filed 07/12/2022 04:43:50 PM

IN THE CIRCUIT COURT OF THE 15TH

JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION: AH

CASE NO. 50-2016-CA-009292-XXXX-MB

FIRST AMERICAN BANK, as successor

by merger to Bank of Coral Gables, LLC,
Plaintiff,

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vs.
LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

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Defendants.
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FIRST AMERICAN BANK’S MOTION FOR

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WRIT OF GARNISHMENT TO FIRST HORIZON BANK
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Plaintiff, First American Bank (“First American”), pursuant to section 77.03, Florida
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Statutes, requests that this Court issue a writ of garnishment against the Garnishee, First Horizon
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Bank (“Garnishee”) and further states as follows:

1. On September 22, 2020, this Court entered a Final Judgment (“Judgment”) in

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favor of First American and ordered Defendant, Laurence Schneider (“Schneider”) to pay First

American $1,547,391.54, which shall bear interest at the 6.03% per year. A copy of the
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Judgment is attached as Exhibit A.

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2. As of the date of this Motion, the Judgment remains due and unsatisfied.
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3. First American is unaware of any physical property owned by Schneider on which

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a levy can be made to sufficiently satisfy the Judgment.

4. In full or partial satisfaction of the Judgment, First American seeks to garnish all

funds in any and all accounts held by the Garnishee.


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MELAND I BUDWICK
3200 SOUTHEAST FINANCIAL CENTER I 200 SOUTH BISCAYNE BOULEVARD I MIAMI, FL 33131 I T 305-358-6363
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/12/2022 04:43:50 PM
 5. First American has reason to believe that Garnishee is indebted to, or has tangible

or intangible personal property belonging to, Schneider in its possession or control that can be

used toward satisfaction of the outstanding Judgment.

Therefore, First American requests that the Court issue a writ of garnishment against

Garnishee, in the form attached as Exhibit B, as to whatever tangible and intangible personal

property belonging to Schneider that the Garnishee has in its possession or control.

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Dated: July 12, 2022.

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Respectfully submitted,

s/ Meaghan E. Murphy
Meaghan E. Murphy, Esquire

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Florida Bar No. 102770
[email protected]
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MELAND BUDWICK, P.A.
200 South Biscayne Boulevard, Suite 3200
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Miami, Florida 33131
Telephone: (305) 358-6363
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Facsimile: (305) 358-1221

Co-Counsel for Plaintiff

Email Designation per Fla. R. Jud.

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Admin 2.516
[email protected]
[email protected]
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[email protected]
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MELAND I BUDWICK
3200 SOUTHEAST FINANCIAL CENTER I 200 SOUTH BISCAYNE BOULEVARD I MIAMI, FL 33131 I T 305-358-6363
 Filing# 113749101 E-Filed 09/22/2020 11:30:53 AM

IN THE CIRCUIT COURT OF

THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA

CASE NO.: 502016-CA-009292

DMSIONAH

FIRST AMERICAN BANK, as

successor by merger to Bank.of
Coral Gables, LLC,

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Plaintiff,

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v.

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LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, etal.,

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Defendants.
_________ !
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THIS ACTION came before the Co-
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Deficiency Judgment bearing a Service dated August 27, 2020 [DE 533], the
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Amended Final Judgment of Fore o e )Supplemental Judgment) dated February 26, 2020 [DE

384], the Certificate of Sale elated .ugust 3, 2020 [DE 519], and the Certificate of Title dated
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August 17, 2020 [DE 525]. Accordingly, this Court having granted the Motion for Deficiency
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Judgment by Order date S ptember 21, 2020, hereby enters this Final Judgment, whereby it is
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JUDGED THAT:
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• 1 udgment is GRANTED in favor of Plaintiff, FIRST AMERICAN BANK, and against

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eTundants, LAURENCE SCHNEIDER and STEPHANIE SCHNEIDER, jointly and

2.Plaintiff, FIRST AMERICAN BANK, 540 Biltmore Way, Coral Gables, Florida

33134, shall recover from Defendants, LAURENCE SCHNEIDER, 17685 Circle Pond

Court, Boca Raton, Florida 33496-1002, Social Security No.: REDACTED , and

STEPHANIE SCHNEIDER, 17685 Circle Pond Court, Boca Raton, Florida 33496-

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EXHIBIT A
FILED : PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/22/2020 11 :30:53 AM
Case No.50-2016-CA-009292-XXXX-MB

1002, Social Security No.: REDACTED the sum of $1,547,391.54, for which let

execution issue.

3. The Total Amount Due due shall bear interest at the rate of 6.03% per year.

4. The Court previously determined that Plaintiff, FIRST AMERICAN BANK, is entitled

to reasonable attorneys' fees, costs, and expenses incurred in connection with this action.

Accordingly, the Court retains jurisdiction to determine the total amounts of attorner s' fees,

costs, and expenses to which Plaintiff is further entitled, to enter further orders t

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and to supplement the final deficiency judgment as appropriate .

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DONE AND ORDERED in Chambers in Palm Beach County, f ,

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92-XXXX-MB 09/22/2020

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Copies furnished to:
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John W. Keller, III. Esq.

Keller & Mesa, LLP
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Attorneys for First American Ba

121 Majorca Avenue , #200
Coral Gables, FL 33134
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Email:[email protected]

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Laurence S. Schneider
Defendant i,
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17685 Cir urt

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Stephanie L. Schneider
Defendant
17685 Circle Pond Court
Boca Raton, FL 33496
Email: [email protected]

Page 2 of 3
Case No.50-2016-CA-009292-XXXX-MB

Aleksandra Novakovich Gonzalez, Esq.

Sachs, Sax, Caplan
Attorneys for The Oaks at Boca Raton Property Owners' Association, Inc.
6111 Broken Sound Parkway, N.W., #200,
Boca Raton, FL 33487
Email: agonzalez@ssclawfirrncom

Geoffrey M. Cahen, Esq.

Cahen Law, P .A,
Attorneys for It's AN ew Day Corporation,
Real Estate & Finance, Inc., S&A

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Capital Partners, Inc. Mortgage
Resolution Servicing, LLC and

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pt Fidelity Loan Servicing, LLC
1900 Glades Road, Suite 270

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Boca Raton, FL 3343 lEmail: [email protected]

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Page 3 of 3
 IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION: AH

CASE NO. 50-2016-CA-009292-XXXX-MB

FIRST AMERICAN BANK, as successor

by merger to Bank of Coral Gables, LLC,

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Plaintiff,
vs.

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LAURENCE S. SCHNEIDER,
STEPHANIE L. SCHNEIDER, et al.,

Defendants.

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WRIT OF GARNISHMENT TO
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FIRST HORIZON BANK
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TO THE STATE OF FLORIDA:
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To All and Singular the Sheriffs of the State:

Garnishee: First Horizon Bank

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c/o C T Corporation System

Registered Agent
1200 South Pine Island Road
Plantation, FL 33324
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YOU ARE COMMANDED to summon the Garnishee, to serve an answer to this Writ of
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Garnishment on Meaghan Murphy, Esq., Plaintiff’s attorney, whose address is 200 South
Biscayne Blvd., Suite 3200, Miami, FL 33131, within twenty (20) days after service on the
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Garnishee, exclusive of the day of service, and to file the original with the Clerk of the Court
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either before service on the attorney or immediately thereafter, stating whether the Garnishee is
indebted to Defendant Laurence Schneider at the time of the answer or was indebted at the time of
service of the Writ, or at any time between such times, and in what sum and what tangible and
intangible personal property of the Defendant Laurence Schneider the Garnishee is in possession
or control of at the time of the answer or had at the time of service of this Writ, or at any time
between such times, and whether the Garnishee knows of any other person indebted to the
Defendant Laurence Schneider or who may be in possession or control of any of the property of
the Defendant Laurence Schneider. The amount set forth in Plaintiff’s motion is $1,547,391.54,
plus interest at 6.03% per year.


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EXHIBIT B
 Failure to file an answer within the time required may result in entry of judgment against
the Garnishee for the amount stated above.

Dated on this _____ day of ____________, 2022, in Palm Beach County, Florida.

By:_________________________________
JOSEPH ABRUZZO
Clerk of Courts

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 NOTICE TO DEFENDANT OF RIGHT AGAINST GARNISHMENT OF WAGES,
MONEY, AND OTHER PROPERTY
The Writ of Garnishment delivered to you with this Notice means that wages, money, and other
property belonging to you have been garnished to pay a court judgment against you. HOWEVER,
YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY.
READ THIS NOTICE CAREFULLY.
State and federal laws provide that certain wages, money, and property, even if deposited in a
bank, savings and loan, or credit union, may not be taken to pay certain types of court judgments.
Such wages, money, and property are exempt from garnishment. The major exemptions are listed
below on the form for Claim of Exemption and Request for Hearing. This list does not include all

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possible exemptions. You should consult a lawyer for specific advice.
IF AN EXEMPTION FROM GARNISHMENT APPLIES TO YOU AND YOU WANT TO

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KEEP YOUR WAGES, MONEY, AND OTHER PROPERTY FROM BEING GARNISHED,
OR TO RECOVER ANYTHING ALREADY TAKEN, YOU MUST COMPLETE A FORM
FOR CLAIM OF EXEMPTION AND REQUEST FOR HEARING AS SET FORTH BELOW
AND HAVE THE FORM NOTARIZED. IF YOU HAVE A VALID EXEMPTION, YOU

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MUST FILE THE FORM WITH THE CLERK'S OFFICE WITHIN 20 DAYS AFTER THE
DATE YOU RECEIVE THIS NOTICE OR YOU MAY LOSE IMPORTANT RIGHTS. YOU
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MUST ALSO MAIL OR DELIVER A COPY OF THIS FORM TO THE PLAINTIFF OR THE
PLAINTIFF'S ATTORNEY AND THE GARNISHEE OR THE GARNISHEE'S ATTORNEY
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AT THE ADDRESSES LISTED ON THE WRIT OF GARNISHMENT. NOTE THAT THE
FORM REQUIRES YOU TO COMPLETE A CERTIFICATION THAT YOU MAILED OR
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HAND DELIVERED COPIES TO THE PLAINTIFF OR THE PLAINTIFF'S ATTORNEY

AND THE GARNISHEE OR THE GARNISHEE'S ATTORNEY.
If you request a hearing, it will be held as soon as possible after your request is received by the
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court. The plaintiff or the plaintiff's attorney must file any objection within 8 business days if you
hand delivered to the plaintiff or the plaintiff's attorney a copy of the form for Claim of
Exemption and Request for Hearing or, alternatively, 14 business days if you mailed a copy of the
form for claim and request to the plaintiff or the plaintiff's attorney. If the plaintiff or the
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plaintiff's attorney files an objection to your Claim of Exemption and Request for Hearing, the
clerk will notify you and the other parties of the time and date of the hearing. You may attend the
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hearing with or without an attorney. If the plaintiff or the plaintiff's attorney fails to file an
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objection, no hearing is required, the writ of garnishment will be dissolved and your wages,
money, or property will be released.
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IF YOU HAVE A VALID EXEMPTION, YOU SHOULD FILE THE FORM FOR CLAIM OF
EXEMPTION IMMEDIATELY TO KEEP YOUR WAGES, MONEY, OR PROPERTY FROM
BEING APPLIED TO THE COURT JUDGMENT. THE CLERK CANNOT GIVE YOU
LEGAL ADVICE. IF YOU NEED LEGAL ASSISTANCE YOU SHOULD SEE A LAWYER.
IF YOU CANNOT AFFORD A PRIVATE LAWYER, LEGAL SERVICES MAY BE
AVAILABLE. CONTACT YOUR LOCAL BAR ASSOCIATION OR ASK THE CLERK'S
OFFICE ABOUT ANY LEGAL SERVICES PROGRAM IN YOUR AREA.


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 CLAIM OF EXEMPTION AND REQUEST FOR HEARING

I claim exemptions from garnishment under the following categories as checked:

_____ 1. Head of family wages. (You must check a. or b. below.)
_____ a. I provide more than one-half of the support for a child or other dependent and have net
earnings of $750 or less per week.
_____ b. I provide more than one-half of the support for a child or other dependent, have net
earnings of more than $750 per week, but have not agreed in writing to have my wages garnished.
_____ 2. Social Security benefits.
_____ 3. Supplemental Security Income benefits.
_____ 4. Public assistance (welfare).

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_____ 5. Workers' Compensation.
_____ 6. Reemployment Assistance or Unemployment Compensation.
_____ 7. Veterans' benefits.

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_____ 8. Retirement or profit-sharing benefits or pension money.
_____ 9. Life insurance benefits or cash surrender value of a life insurance policy or proceeds of
annuity contract.
_____ 10. Disability income benefits.

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_____ 11. Prepaid College Trust Fund or Medical Savings Account.
_____ 12. Other exemptions as provided by law.
________________________________________(explain)
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IF
I request a hearing to decide the validity of my claim. Notice of the hearing should be given to me
at:
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Address:
Telephone Number:
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I CERTIFY UNDER OATH AND PENALTY OF PERJURY that a copy of this CLAIM
OF EXEMPTION AND REQUEST FOR HEARING has been furnished by (circle one) United
States mail or hand delivery on (insert date)_________, to:___________________ (insert names
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and addresses of Plaintiff or Plaintiff's attorney and of Garnishee or Garnishee's attorney to whom
this document was furnished).
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 I FURTHER CERTIFY UNDER OATH AND PENALTY OF PERJURY that the
statements made in this request are true to the best of my knowledge and belief.
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Defendant's signature
Date________________________________

STATE OF FLORIDA
COUNTY OF

Sworn and subscribed to before me this ________ day of (month and year), by (name of person
making statement)

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Notary Public/Deputy Clerk
Personally Known ____ OR Produced Identification____
Type of Identification Produced____________________

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