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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