IN THE CIRCUIT COURT, TENTH JUDICIAL CIRCUIT, IN AND FOR POLK COUNTY, FLORIDA. CHRISTOPHER PLATH, Plaintiff, v.

DANIELLE KIRKLAND, Defendant __________________________________/ COMPLAINT Plaintiff CHRISTOPHER PLATH, by and through the undersigned counsel, hereby files this Complaint against DANIELLE KIRKLAND (hereinafter Defendant), and says: 1. This is an action to recover possession of personal property in Polk County, Florida. 2. The description of the property is: 2010 Silver Toyota Camry, VIN 4T1BF3EK3AU500582. 3. To the best of Plaintiffs knowledge, information and belief, the value of the property is $16,841.28, and is located at: 5837 Manchester Dr. West, Lakeland, FL 33810. 4. Plaintiff is the co-owner by purchase of the property. On February 28, 2011 plaintiff entered into a contract to purchase the property with the defendant, see Exhibit A attached hereinto. Plaintiff co-signed with defendant on a loan, in the amount of $18,200 for the property through Publix Employees Federal Credit Union, see Exhibit B attached hereinto. Plaintiff also took additional line of credit advancement in the amount of $1,500.00 to pay for the Tax, Title and Tag and a spare key to the vehicle from Publix Employees Federal Credit Union, see Exhibit C attached hereinto. Lastly, Plaintiff made a payment on August 21, 2011 in the amount of $16,847.00 towards the loan, which paid the loan in full; see Exhibit D attached hereinto. Plaintiff has a reasonable right to possess the property as he paid $16,847.00 of the total cost $19,500.00 for the vehicle and gap insurance. CASE NO.: DIVISION:

5. Defendant made 4 installment payments on the property, for a total of has paid a total of $1,358.72. Defendant also paid the plaintiff $1,300.00 towards the purchase of the vehicle. Defendant paid a total of $2,658.72. 6. The property is wrongfully detained by Defendant, and to Plaintiffs best knowledge, information, and belief, the cause of such detention by Defendant is because the Defendant retained possession of the property, after she was unable to make payments for the vehicle, and continues to retain possession of the vehicle after Plaintiff demanded rightful return of the vehicle, after plaintiff paid the loan in full. 7. The property has not been taken for a tax, assessment, or fine pursuant to the law, nor been taken under an execution or attachment against the property of the Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant for possession of the property, damages, costs and reasonable attorneys fees.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above complaint has been served to Defendant Danielle Kirkland, at 5837 Manchester Dr. West Lakeland, FL 33810 by process of service.

SCHUTT, SCHMIDT & NOEY

DENNIS R. SCHUTT, ESQUIRE Florida Bar No.: 0329282 CINDY KINSLOW-COATS, ESQUIRE Florida Bar No.: 0379920 2700-C University Boulevard West Jacksonville, Florida 32217 (904) 737-3737 [Phone] (904) 448-9440 [Fax] Attorneys for the Plaintiff