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  • Wachovia Bank National Association, sbm Wells Fargo Bank NA Plaintiff vs Fischer, Margaret Rose etal Defendant CA Mortgage Foreclosure document preview
  • Wachovia Bank National Association, sbm Wells Fargo Bank NA Plaintiff vs Fischer, Margaret Rose etal Defendant CA Mortgage Foreclosure document preview
  • Wachovia Bank National Association, sbm Wells Fargo Bank NA Plaintiff vs Fischer, Margaret Rose etal Defendant CA Mortgage Foreclosure document preview
  • Wachovia Bank National Association, sbm Wells Fargo Bank NA Plaintiff vs Fischer, Margaret Rose etal Defendant CA Mortgage Foreclosure document preview
  • Wachovia Bank National Association, sbm Wells Fargo Bank NA Plaintiff vs Fischer, Margaret Rose etal Defendant CA Mortgage Foreclosure document preview
  • Wachovia Bank National Association, sbm Wells Fargo Bank NA Plaintiff vs Fischer, Margaret Rose etal Defendant CA Mortgage Foreclosure document preview
  • Wachovia Bank National Association, sbm Wells Fargo Bank NA Plaintiff vs Fischer, Margaret Rose etal Defendant CA Mortgage Foreclosure document preview
  • Wachovia Bank National Association, sbm Wells Fargo Bank NA Plaintiff vs Fischer, Margaret Rose etal Defendant CA Mortgage Foreclosure document preview
						
                                

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2/2/2009 12:19 PM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEECOUNTY, FLORIDA. CASE NO. 2008 CA 052150 WACHOVIA BANK, NATIONAL ASSOCIATION, Plaintiff, vs. MARGARET ROSE FISCHER ET AL., Defendants. EX-PARTE MOTION TO QUASH SERVICE OF PROCESS AND ISSUE ALIAS SUMMONS Plaintiff WACHOVIA BANK NATIONAL ASSOCIATION, hereinafter referred to as ‘Plaintiff, by and through its undersigned attorneys, hereby moves this Court for the entry of an Order quashing service of process upon the Defendant, ALL UNKNOWN BENEFICIARIES, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES, CREDITORS AND ANY OTHER PERSON CLAIMING BY, THROUGH, UNDER OR AGAINST MARGARET J. KINGMAN, (DECEASED) and as grounds therefore shows unto the Court: 1. This is an action to foreclose a Mortgage on certain real property located in Volusia County, Florida. 2. The Defendant ALL UNKNOWN BENEFICIARIES, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES, CREDITORS AND ANY OTHER PERSON CLAIMING BY, THROUGH, UNDER OR AGAINST MARGARET J. KINGMAN, (DECEASED) ., has been named as a party Defendant in this action to foreclose out any interest they may have or may appear to have some right, title, interest or claim in and to the mortgaged property by virtue of being certain Heir, Beneficiaries, Legatees, Devisees, Personal Representative, Creditor, andany other person claiming by, through, under or against The Estate of MARGARET J. KINGMAN, (DECEASED). 3. Inadvertently and by mistake the Plaintiffs process server served an already named heir for the defendant, ALL UNKNOWN BENEFICIARIES, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES, CREDITORS AND ANY OTHER PERSON CLAIMING BY, THROUGH, UNDER OR AGAINST MARGARET J. KINGMAN, (DECEASED) 4. Therefore, the service of process as to, ALL UNKNOWN BENEFICIARIES, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES, CREDITORS AND ANY OTHER PERSON CLAIMING BY, THROUGH, UNDER OR AGAINST MARGARET J. KINGMAN, DECEASED must now be quashed and an Alias Summons issued to correctly serve the Defendant, ALL UNKNOWN BENEFICIARIES, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES, CREDITORS AND ANY OTHER PERSON CLAIMING BY, THROUGH, UNDER OR AGAINST MARGARET J. KINGMAN, (DECEASED) . WHEREFORE, Plaintiff respectfully requests this Court enter an Order quashing the service of process on the Defendant,, ALL UNKNOWN BENEFICIARIES, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES, CREDITORS AND ANY OTHER PERSON CLAIMING BY, THROUGH, UNDER OR AGAINST MARGARET J. KINGMAN, (DECEASED) , and further directing the Clerk of this Court to forthwith issue an Alias Summons on the aforementioned Defendant, , ALL UNKNOWN BENEFICIARIES, LEGATEES, DEVISEES, PERSONAL REPRESENTATIVES, CREDITORS AND ANY OTHER PERSON CLAIMING BY, THROUGH, UNDER OR AGAINST MARGARET J. KINGMAN, (DECEASED) along with awarding Plaintiff costs and disbursements, reasonable attorney's fees, and such other andfurther relief as this Court may deem just, equitable and proper. MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A. Attorneys for Plaintiff 800 Corporate Drive, Suite 569 COTT E. SIMOWITZ fo {Florida Bar No. 30620CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Ex Parte Motion to Quash Service of Process and Issue Alias Summon has been furnished by regular U. S. Mail this my day of January, 2009 to: MARGARET ROSE FISCHER 4515 SOUTHEAST 11™ AVENUE CAPE CORAL, FLORIDA 33904 BRIAN ALBRITTON UNITED STATES ATTORNEY UNITED STATES OF AMERICA 400 NORTH TAMPA STREET TAMPA, FLORIDA 33602 STATE OF FLORIDA DEPARTMENT OF REVENUE 501 SOUTH CALHOUN STREET CARLTON BUILDING TALLAHASSEE, FLORIDA 32399 MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A. Attorneys for Plaintiff 800 Corporate Drive, Suite 500 Ft. Lauderdale, FL 33334 "yuh | SCOTT E. SIMOWITZ | fe Florida Bar No. 306207