Preview
Filing # 164483999 E-Filed 01/10/2023 05:31:47 PM
RETURN OF SERVICE
State of Florida County of Duval CIRCUIT Court
“NN Il! lll
Case Number: 16-2022-CA-006990
Plai
WELLS FARGO BANK, N.A, SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A.
022045638
vs
Defendant:
KIRK P. ESLER A/K/A KIRK ESLER, ET AL
For’
EXL LEGAL, PLLC
12425 28TH STREET N.
SUITE 200
ST. PETERSBURG, FL 33716
Received by JAMES KADY on the 16th day of December, 2022 at 11.00 am to be served on STATE OF FLORIDA, C/O EXECUTIVE
DIRECTOR, 2450 SHUMARD OAKS BLVD. CCOCI-2400, TALLAHASSEE, FL 32399
|, JAMES KADY, do hereby affirm that on the 16th day of December, 2022 at 1:39 pm, I:
Served the within named corporation by delivering a true copy of the SUMMONS, COMPLAINT, NOTICE OF LIS PENDENS, AND
NOTICE/ORDER SETTING CASE MANAGEMENT CONFERENCE with the date and hour of service endorsed thereon by me to
TONY HAMM as ADMINISTRATIVE ASSISTANT authorized to accept service, of the within named corporation, in compliance with
State Statutes.
Description of Person Served: Age: 65, Sex: M, Race/Skin Color’ WHITE, Height 5'8", Weight. 140, Hair: GREY, Glasses: N
| certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in
the judicial circuit in which the process was served. "Under penalties of perjury, | declare that I have read the foregoing document
and that the facts in it are true" F.S. 92.525. NOTARY NOT REQUIRED PURSUANT TO FS 92 525.
SSS
So oo
JAMES KADY
65
Our Job Serial Number. KDY-2022045638
Ref 1000008270
Copyright © 1992-2022 Database Services, Inc - Process Server's ToolboxV8 iz
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/13/2023 01:48:30 PM
16-2022-CA-006990-XXXX-MA Div: CV-C
FC-C
Filing # 162517816 E-Filed 12/06/2022 06:44:38 PM
IN THE CIRCUIT COURT OF THE FOURTH
JUDICIAL CIRCUIT IN AND FOR DUVAL
COUNTY, FLORIDA
CASE NO.
WELLS FARGO BANK, N.A., SUCCESSOR
BY MERGER TO WACHOVIA BANK, N.A.
Plaintiff,
v.
KIRK P. ESLER A/K/A KIRK ESLER, ET AL.
Defendants.
/
SUMMONS
THE STATE OF FLORIDA:
To All and Singular the Sheriffs of the State:
YOU ARE COMMANDED to serve this Summons and a copy of the Complaint or Petition in
this action on Defendant:
STATE OF FLORIDA
C/O EXECUTIVE DIRECTOR, 2450 SHUMARD OAKS BLVD. CCOCI-2400,
TALLAHASSEE, FL 32399
Each Defendant is required to serve written defenses to the Complaint or petition on Plaintiff's
Attorney, to wit: EXL LEGAL, PLLC, whose address is: 12425 28th Street North, Suite
200, St. Petersburg, FL 33716, (727) 536-4911, within forty (40) days after service of this
Summons on that Defendant, exclusive of the day of service, and to file the original of the
defenses with the Clerk of this court either before service on Plaintiff's attorney or immediately
thereafter. If a defendant fails to do so, a default will be entered against that Defendant for the
relief demanded in the Complaint or Petition. Dec 08 2022
WITNESS my hand and the seal of this Court on , 2022.
JODY PHILLIPS
ae CIRO S CLERK OF THE CIRCUIT COURT
Jay = aN
)
ly One 3//
es Sf B
Deputy Clerk
NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT
THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1000008270
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/08/2022 01:24:14 PM
EXHIBIT “A”
NOTICE OF LEGAL ASSISTANCE
REGARDING FORECLOSURE CASE'S
You can lose the home you own asa result of the foreclosure papers
Served on you with this Notice.
However, you may be able to save your home. You probably will need
Alawyer to help you.
Volunteer lawyers are available through The Jacksonville Bar
save.
Association to review your situation to see Whether your home can be
If you Would like to get I legal help to save your home, you should call
Jacksonville Area Legal Aid at 904-356-8371. Your Situation will be
reviewed
and referred to a lawyer who will assist you if there ,is a basis for assistance.
Ifyou cannot afford a lawyer, you Will not be charged any lawyer’s
Fee's. If you can afford to pay reduted fees, but not regular fees, you may be
charged only a reduced fee within your financtal ability.
You. need to act right away if you want to try to save your home. if
you delay, any rights you have may be lost.
wee we eee a
IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL
COUNTY, FLORIDA CIVIL ACTION
Case Number: 16-2022-CA-006990-XXXX-MA
Division: FC-C (Circuit Court)
WELLS FARGO BANK N.A. SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A.
; plaintiff
vs
KIRK P ESLER
, defendant
(THIS ORDER MUST BE SERVED WITH THE SUMMONS)
NOTICE / ORDER SETTING CASE MANAGEMENT CONFERENCE
(READ CAREFULLY)
This Notice shall become a Court Order effective on each Defendant, on the 21' day following the date of
service of the Complaint for Foreclosure and Summons, on that Defendant, as that date is stated in and reflected
on the Return of Service and Summons. If the date of the Case Management Conference set herein is less than 31 days
from the date of that service reflected on the Return of Service, the Case Management Conference will be rescheduled on
request of any Defendant(s) and/or Plaintiff so affected, upon the Court’s review of the Return of Service.
A Case Management Conference in this case be and is hereby set by the Court for 9:00 AM a.m., 2/7/2023, in
Courtroom 510 5th Floor, 501 W Adams St Jacksonville FL 32202, Duval County Courthouse, 501 West Adams
Street, Jacksonville, FL 32202.
Due to COVID guidelines ALL hearings will be conducted remotely using telephonic or other electronic
means, with no in-person appearances by parties, witnesses, court reporters, or any other individuals. The initial
platform is www.zoom.us. **See addendum below for remote hearing instructions.
At the hearing the Court may schedule the service of motions and pleadings; set or reset trials or summary and or
default judgment hearings; limit, schedule, order, and expedite discovery; facilitate the elimination of legal or factual
issues; and/or schedule other conferences or determine other matters that may aid in the disposition of the action.
FAILURE OF PLAINITFF OR ITS REPRESENTATIVE TO APPEAR IN SAID HEARING SHALL RESULT
IN DISMISSAL OF THE CASE WITHOUT PREJUDICE.
DONE AND ORDERED at Jacksonville, Duval County, Florida this 8th of December, 2022 .
Senior Circuit Court Judge
Lashay Batten, Court Staff (904) 255-1016
See Addendum for Virtual Appearance Instructions on Page 2
Addendum
Due to COVID guidelines, ALL hearings will be conducted remotely using telephonic or
other electronic means, with no in-person appearances by parties, witnesses, court reporters, or any other
individuals. **See below for remote hearing instructions.
If you wish to be included in the telephone hearing on your case of interest, follow instructions. Once
connected, you will wait to participate until your case of interest is called, just as if you are sitting in the
courtroom. Please be appropriately attired if you are appearing by video. Please ensure that children cannot
disrupt the formal hearing.
CALL-IN INSTRUCTIONS TO FORECLOSURE HEARING:
** Call Number: AUDIO APPEARANCE ONLY Dial by your general location or time zone.
+1 786 635 1003 US (Miami)
+1 407 381 2552 US (Atlanta)
+1 646 518 9805 US (New York)
+1 312 626 6799 US (Chicago)
** If your hearing is in Courtroom 509, please enter Meeting ID: 601-181-8697
** Tf your hearing is in Courtroom 510, please enter Meeting ID: 908-706-6187
Platform: Zoom: www.zoom.us
ONCE YOU ARE CONNECTED, PLEASE WAIT PATIENTLY UNTIL THE CASE OF YOUR INTEREST
IS CALLED.
PRESENTATION OF EVIDENCE: If you intend to present any evidence or documents to the
Court, they must be emailed to the Foreclosure Division at Ibatten@coj.net at least three (4) business days before the
hearing, with copies also sent to all other parties. If the sender or the recipient do not have email capabilities, then copies
will be physically delivered (USPS or other) at least three (4) business days before the hearing.
APPEARANCE OF WITNESSES, PARTIES, REPORTERS: Parties are responsible for sharing the remote hearing
information with any interested persons. Parties are responsible for arranging the appearance/participation of any
witnesses. The court does not have the ability to call parties or witnesses to include them in the hearing. Parties desiring
a court reporter are responsible for arranging the participation of the reporter.
Preview
Filing # 164483999 E-Filed 01/10/2023 05:31:47 PM RETURN OF SERVICE State of Florida County of Duval CIRCUIT Court “NN Il! lll Case Number: 16-2022-CA-006990 Plai WELLS FARGO BANK, N.A, SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A. 022045638 vs Defendant: KIRK P. ESLER A/K/A KIRK ESLER, ET AL For’ EXL LEGAL, PLLC 12425 28TH STREET N. SUITE 200 ST. PETERSBURG, FL 33716 Received by JAMES KADY on the 16th day of December, 2022 at 11.00 am to be served on STATE OF FLORIDA, C/O EXECUTIVE DIRECTOR, 2450 SHUMARD OAKS BLVD. CCOCI-2400, TALLAHASSEE, FL 32399 |, JAMES KADY, do hereby affirm that on the 16th day of December, 2022 at 1:39 pm, I: Served the within named corporation by delivering a true copy of the SUMMONS, COMPLAINT, NOTICE OF LIS PENDENS, AND NOTICE/ORDER SETTING CASE MANAGEMENT CONFERENCE with the date and hour of service endorsed thereon by me to TONY HAMM as ADMINISTRATIVE ASSISTANT authorized to accept service, of the within named corporation, in compliance with State Statutes. Description of Person Served: Age: 65, Sex: M, Race/Skin Color’ WHITE, Height 5'8", Weight. 140, Hair: GREY, Glasses: N | certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good standing, in the judicial circuit in which the process was served. "Under penalties of perjury, | declare that I have read the foregoing document and that the facts in it are true" F.S. 92.525. NOTARY NOT REQUIRED PURSUANT TO FS 92 525. SSS So oo JAMES KADY 65 Our Job Serial Number. KDY-2022045638 Ref 1000008270 Copyright © 1992-2022 Database Services, Inc - Process Server's ToolboxV8 iz ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 01/13/2023 01:48:30 PM 16-2022-CA-006990-XXXX-MA Div: CV-C FC-C Filing # 162517816 E-Filed 12/06/2022 06:44:38 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CASE NO. WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A. Plaintiff, v. KIRK P. ESLER A/K/A KIRK ESLER, ET AL. Defendants. / SUMMONS THE STATE OF FLORIDA: To All and Singular the Sheriffs of the State: YOU ARE COMMANDED to serve this Summons and a copy of the Complaint or Petition in this action on Defendant: STATE OF FLORIDA C/O EXECUTIVE DIRECTOR, 2450 SHUMARD OAKS BLVD. CCOCI-2400, TALLAHASSEE, FL 32399 Each Defendant is required to serve written defenses to the Complaint or petition on Plaintiff's Attorney, to wit: EXL LEGAL, PLLC, whose address is: 12425 28th Street North, Suite 200, St. Petersburg, FL 33716, (727) 536-4911, within forty (40) days after service of this Summons on that Defendant, exclusive of the day of service, and to file the original of the defenses with the Clerk of this court either before service on Plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that Defendant for the relief demanded in the Complaint or Petition. Dec 08 2022 WITNESS my hand and the seal of this Court on , 2022. JODY PHILLIPS ae CIRO S CLERK OF THE CIRCUIT COURT Jay = aN ) ly One 3// es Sf B Deputy Clerk NOTE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000008270 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 12/08/2022 01:24:14 PM EXHIBIT “A” NOTICE OF LEGAL ASSISTANCE REGARDING FORECLOSURE CASE'S You can lose the home you own asa result of the foreclosure papers Served on you with this Notice. However, you may be able to save your home. You probably will need Alawyer to help you. Volunteer lawyers are available through The Jacksonville Bar save. Association to review your situation to see Whether your home can be If you Would like to get I legal help to save your home, you should call Jacksonville Area Legal Aid at 904-356-8371. Your Situation will be reviewed and referred to a lawyer who will assist you if there ,is a basis for assistance. Ifyou cannot afford a lawyer, you Will not be charged any lawyer’s Fee's. If you can afford to pay reduted fees, but not regular fees, you may be charged only a reduced fee within your financtal ability. You. need to act right away if you want to try to save your home. if you delay, any rights you have may be lost. wee we eee a IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CIVIL ACTION Case Number: 16-2022-CA-006990-XXXX-MA Division: FC-C (Circuit Court) WELLS FARGO BANK N.A. SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A. ; plaintiff vs KIRK P ESLER , defendant (THIS ORDER MUST BE SERVED WITH THE SUMMONS) NOTICE / ORDER SETTING CASE MANAGEMENT CONFERENCE (READ CAREFULLY) This Notice shall become a Court Order effective on each Defendant, on the 21' day following the date of service of the Complaint for Foreclosure and Summons, on that Defendant, as that date is stated in and reflected on the Return of Service and Summons. If the date of the Case Management Conference set herein is less than 31 days from the date of that service reflected on the Return of Service, the Case Management Conference will be rescheduled on request of any Defendant(s) and/or Plaintiff so affected, upon the Court’s review of the Return of Service. A Case Management Conference in this case be and is hereby set by the Court for 9:00 AM a.m., 2/7/2023, in Courtroom 510 5th Floor, 501 W Adams St Jacksonville FL 32202, Duval County Courthouse, 501 West Adams Street, Jacksonville, FL 32202. Due to COVID guidelines ALL hearings will be conducted remotely using telephonic or other electronic means, with no in-person appearances by parties, witnesses, court reporters, or any other individuals. The initial platform is www.zoom.us. **See addendum below for remote hearing instructions. At the hearing the Court may schedule the service of motions and pleadings; set or reset trials or summary and or default judgment hearings; limit, schedule, order, and expedite discovery; facilitate the elimination of legal or factual issues; and/or schedule other conferences or determine other matters that may aid in the disposition of the action. FAILURE OF PLAINITFF OR ITS REPRESENTATIVE TO APPEAR IN SAID HEARING SHALL RESULT IN DISMISSAL OF THE CASE WITHOUT PREJUDICE. DONE AND ORDERED at Jacksonville, Duval County, Florida this 8th of December, 2022 . Senior Circuit Court Judge Lashay Batten, Court Staff (904) 255-1016 See Addendum for Virtual Appearance Instructions on Page 2 Addendum Due to COVID guidelines, ALL hearings will be conducted remotely using telephonic or other electronic means, with no in-person appearances by parties, witnesses, court reporters, or any other individuals. **See below for remote hearing instructions. If you wish to be included in the telephone hearing on your case of interest, follow instructions. Once connected, you will wait to participate until your case of interest is called, just as if you are sitting in the courtroom. Please be appropriately attired if you are appearing by video. Please ensure that children cannot disrupt the formal hearing. CALL-IN INSTRUCTIONS TO FORECLOSURE HEARING: ** Call Number: AUDIO APPEARANCE ONLY Dial by your general location or time zone. +1 786 635 1003 US (Miami) +1 407 381 2552 US (Atlanta) +1 646 518 9805 US (New York) +1 312 626 6799 US (Chicago) ** If your hearing is in Courtroom 509, please enter Meeting ID: 601-181-8697 ** Tf your hearing is in Courtroom 510, please enter Meeting ID: 908-706-6187 Platform: Zoom: www.zoom.us ONCE YOU ARE CONNECTED, PLEASE WAIT PATIENTLY UNTIL THE CASE OF YOUR INTEREST IS CALLED. PRESENTATION OF EVIDENCE: If you intend to present any evidence or documents to the Court, they must be emailed to the Foreclosure Division at Ibatten@coj.net at least three (4) business days before the hearing, with copies also sent to all other parties. If the sender or the recipient do not have email capabilities, then copies will be physically delivered (USPS or other) at least three (4) business days before the hearing. APPEARANCE OF WITNESSES, PARTIES, REPORTERS: Parties are responsible for sharing the remote hearing information with any interested persons. Parties are responsible for arranging the appearance/participation of any witnesses. The court does not have the ability to call parties or witnesses to include them in the hearing. Parties desiring a court reporter are responsible for arranging the participation of the reporter.