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Filing # 120502115 E-Filed 01/29/2021 02:33:12 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
PENTAGON FEDERAL CREDIT UNION, CASE NO.: 20000862CA
Plaintiff,
VS.
UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, SURVIVING SPOUSE, GRANTEES,
ASSIGNEE, LIENORS, CREDITORS,
TRUSTEES, AND ALL OTHER PARTIES
CLAIMING AN INTEREST BY THROUGH
UNDER OR AGAINST THE ESTATE OF SAIMA
M. KELLEY, DECEASED; et al.,
Defendant(s).
PLAINTIFF’S MOTION FOR APPOINTMENT OF ATTORNEY, ADMINISTRATOR, AND
GUARDIAN AD LITEM PURSUANT TO FLORIDA STATUTE, SECTION 49.31 AND
MEMORANDUM OF LAW
Plaintiff, PENTAGON FEDERAL CREDIT UNION, by and through undersigned counsel, hereby
files this, its Motion for Appointment of Attorney, Administrator, and Guardian Ad Litem to identify and
represent the Unknown Heirs, Beneficiaries, Devisees, Surviving Spouse, Grantees, Assignee, Lienors,
Creditors, Trustees, and all other parties claiming an interest by through under or against The Estate of ,
(“unknown parties”) and Memorandum of Law in Support thereof.
1 A Complaint to foreclose the Mortgage was filed with the Court on October 2, 2020 for
real property located in Charlotte County, Florida.
2. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE,
GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES
CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M.
KELLEY, DECEASED, are the current owner(s) of the subject property. SAIMA M. KELLEY passed
away on or about December 24, 2019. See attached death certificate as Exhibit A.
1634-014B
3 Service of process upon the unknown parties was completed on December 11, 2020 as
evidenced by the proof of publication filed in this action on December 11, 2020. As of the date of the
signing this motion, there has been no paper filed with the Court or served by the unknown parties on the
Plaintiff.
4 Plaintiff, in an attempt to complete its due diligence in locating all heirs, comply with
Florida Rules of Civil Procedure 1.210 and 1.500, and to satisfy underwriting requirements for marketable
title, respectfully requests that an Attorney, Administrator, and Guardian Ad Litem be appointed in
cordance with Florida Statute, Section 49.31 to identify any spouse, heir devisee or beneficiary of
the decedent.
5 This Court has the authority to appoint an Attorney, Administrator, and Guardian
Ad Litem pursuant to Florida Statute, Section 49.31 and to request the appointed Guardian Ad Item file
a report, containing the names and addresses of any spouse, devisee or beneficiary of the decedent that he
or she can locate within a reasonable amount of time.
MEMORANDUM OF LAW
6. Florida Rule of Civil Procedure 1.210(b), in part, states: “[t]he court shall appoint a
Guardian Ad Litem for a minor or incompetent person not otherwise represented in an action or shall make
such other order as it deems proper for the protection of the minor or incompetent person.” Further, Florida
Rule of Civil Procedure 1.500(e), in part, states: “no judgment may be entered against an infant or
incompetent person unless represented in the action by a general guardian, committee, conservator, or other
representative who has appeared in it or unless the court has made an order under rule 1.210(b), providing
that no representative is necessary for the infant or incompetent person. ” With this unknown class of
defendants, there is a possiblilty that there is a minor, or incompetent person in which the Florida Rules of
Civil Procedure would require the appointment of a Guardian Ad Litem to protect their interests.
7
Further, Florida Statute, Section 49.31 authorizes the appointment of a Guardian Ad
Litem in these circumstances, since the title to the real property vests to the heirs or devisees upon death,
and junior judgments or liens against the heirs may attach as well. See. Jones V. Federal Farm Mortg.
Corporation, 182 So. 226 (Fla 1938); and Marquette v. Hathaway, 76 So. 2d 648 (Fla. 1954). Upon receipt
1634-014B
of this information, Plaintiff can continue its due diligence and name all indispensible and necessary parties
in order to achieve marketable title in the subject foreclosure action.
WHEREFORE, Plaintiff, PENTAGON FEDERAL CREDIT UNION, prays for the entry of an
Order Appointing an Attorney, Administrator, and Guardian Ad Litem for the UNKNOWN HEIRS,
BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS,
CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH
UNDER OR AGAINST THE ESTATE OF SAIMA M. KELLEY, DECEASED, requesting said Attorney,
Administrator, and Guardian Ad Litem notify the Court in writing within a reasonable amount of time, if
he or she is unable to accept the appointment; requiring the Attorney, Administrator, and Guardian Ad
Litem conduct a diligent search and inquiry to disclose possible surviving spouse, devisees or beneficiaries
and file a report with the Court and Plaintiffs counsel, detailing the Attorney, Administrator, and Guardian
Ad Litem findings; and granting such further relief as this Court deems just and proper.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via E-Mail or
Regular U.S. Mail to the parties listed on the service list on this_29 day of January , 2021.
ALDRIDGE | PITE, LLP
Attorney for Plaintiff
1615 South Congress Avenue, Suite 200
Delray Beach, FL 33445
Telephone: (561) 392-6391
Facsimile: (561) 392-6965
Digitally signed
by Zachary
h Ullman
6
Zachary ¥ ima Date: 2021-01-29
By: THN: toe
14:19:17
Florida Bar No.: 106751
Primary E-Mail: ServiceMail@aldridgepite.com
1634-014B
Service List:
CASE NO.: 20000862CA
By U.S. Mail:
Unknown heirs, beneficiaries, devisees, surviving spouse, grantees, assignee, lienors, creditors, trustees,
and all other parties claiming an interest by through under or against the estate of Saima M. Kelley,
deceased
1050 Yarmouth Street
Port Charlotte, FL 33952
Unknown tenant #1 N/K/A Aaron Kelley
1050 Yarmouth Street
Port Charlotte, FL 33952
1634-014B
PAT
”
creer i
Pee 37 Wem e) a me)51 13) panastiis
SETS aa ORs ee ROT
BUREAU of VITAL STATISTICS
ie
S/ Exhibit A
CERTIFICATION OF DEATH
STATE FILE NUMBER: nnn DATE ISSUED: OCTOBER 9, 2020
DECEDENT INFORMATION DATE FILED: DECEMBER 27, 2019
NAME: SAIMA M KELLEY
DATE OF DEATH: DECEMBER 24, 2019 SEX:
ATE OF BIRTH: SSN:
BIRTHPLACE! Z
PLACE WHERE DEATH OCCURRED: a0
FACILITY NAME OR STREET ADDRES:
ne
LOCATION OF DEATH
RESIDENCE:
COUNTY:
A
j
OCCUPATION, INDUSTRY:
EDUCATION: ees EVER IN U.S. ARMED FORCES iil
HISPANIC OR HAITIAN ORIGIN 7
RAC:
“ SURVIVING SPOUSE / PARENT NAME INFORMATION
(NAME PRIOR TO FIRST MARRIAGE, IF APPLICABLE)
MARITAL STATUS: | a
a
SURVIVING SPOUSE NAME:
FATHER'S/PARENT'S NAME:
MOTHER'S/PARENT'S NAME:
INFORMANT, FUNERAL FACILITY AND PLACE OF DISPOSITION INFORMATION
INFORMANT'S NAME:
RELATIONSHIP TO DECEDENT:
INFORMANT'S ADDRESS:
FUNERAL DIRECTOR/LICENSE NUMBER: KENNETH L. ROBERSON, F043366
FUNERAL FACILITY: ROBERSON FUNERAL HOME & CREMATORY F040401
2151 = PORT CHARLOTTE, FLORIDA 33948
;
METHOD OF DISPOSITION:
PLACE OF DISPOSITION: ee
CERTIFIER INFORMATION
TYPE OF CERTIFIER: CERTIFYING PHYSICIAN MEDICAL EXAMINER CASE NUMBER: NOT APPLICABLE
TIME OF DEATH (24 HOUR): DATE CERTIFIED: DECEMBER 27, 2019
CERTIFIER'S NAME: KAREN VAN BOSKIRK RAY
CERTIFIER'S LICENSE NUMBER: ME82638
NAME OF ATTENDING PHYSICIAN (IF OTHER THAN CERTIFIER): NOT ENTERED
Calon
'p ‘The first five digits of the decedent's Social Security Number has been redacted pursuant to§t 19.071(5), Florida Statutes.
i
, STATE REGISTRAR
a EDac)seas
‘THE ABOVE SIGNATURE CERTIFIES THAT THIS IS A TRUE AND CORRECT COPY, OF THE OFFICIAL RECORD ON FILE IN THIS OFFICE,
WARNING:
‘THIS DOCUMENT IS PRINTED OR PHOTOCOPIED ON SECURITY PAPER WITH WATERMARKS OF THE GREAT
‘SEAL OF THE STATE OF FLORIDA. DO NOT ACCEPT WITHOUT VERIFYING THE PRESENCE OF THE WATER-
REQ: 2022003048
U
MARKS. THE DOCUMENT FACE CONTAINS A MULTICOLORED BACKGROUND, GOLD EMBOSSED SEAL, AND
‘THERMOCHROMIC FL. THE BACK CONTAINS SPECIAL LINES WITH TEXT. THE DOCUMENT WILL NOT PRODUCE
i
DH FORM 1946 (
3
Ee
0 we aaa eat fo] ad uy-\ Rls] 010) 518)
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Filing # 120502115 E-Filed 01/29/2021 02:33:12 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA PENTAGON FEDERAL CREDIT UNION, CASE NO.: 20000862CA Plaintiff, VS. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M. KELLEY, DECEASED; et al., Defendant(s). PLAINTIFF’S MOTION FOR APPOINTMENT OF ATTORNEY, ADMINISTRATOR, AND GUARDIAN AD LITEM PURSUANT TO FLORIDA STATUTE, SECTION 49.31 AND MEMORANDUM OF LAW Plaintiff, PENTAGON FEDERAL CREDIT UNION, by and through undersigned counsel, hereby files this, its Motion for Appointment of Attorney, Administrator, and Guardian Ad Litem to identify and represent the Unknown Heirs, Beneficiaries, Devisees, Surviving Spouse, Grantees, Assignee, Lienors, Creditors, Trustees, and all other parties claiming an interest by through under or against The Estate of , (“unknown parties”) and Memorandum of Law in Support thereof. 1 A Complaint to foreclose the Mortgage was filed with the Court on October 2, 2020 for real property located in Charlotte County, Florida. 2. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M. KELLEY, DECEASED, are the current owner(s) of the subject property. SAIMA M. KELLEY passed away on or about December 24, 2019. See attached death certificate as Exhibit A. 1634-014B 3 Service of process upon the unknown parties was completed on December 11, 2020 as evidenced by the proof of publication filed in this action on December 11, 2020. As of the date of the signing this motion, there has been no paper filed with the Court or served by the unknown parties on the Plaintiff. 4 Plaintiff, in an attempt to complete its due diligence in locating all heirs, comply with Florida Rules of Civil Procedure 1.210 and 1.500, and to satisfy underwriting requirements for marketable title, respectfully requests that an Attorney, Administrator, and Guardian Ad Litem be appointed in cordance with Florida Statute, Section 49.31 to identify any spouse, heir devisee or beneficiary of the decedent. 5 This Court has the authority to appoint an Attorney, Administrator, and Guardian Ad Litem pursuant to Florida Statute, Section 49.31 and to request the appointed Guardian Ad Item file a report, containing the names and addresses of any spouse, devisee or beneficiary of the decedent that he or she can locate within a reasonable amount of time. MEMORANDUM OF LAW 6. Florida Rule of Civil Procedure 1.210(b), in part, states: “[t]he court shall appoint a Guardian Ad Litem for a minor or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the minor or incompetent person.” Further, Florida Rule of Civil Procedure 1.500(e), in part, states: “no judgment may be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other representative who has appeared in it or unless the court has made an order under rule 1.210(b), providing that no representative is necessary for the infant or incompetent person. ” With this unknown class of defendants, there is a possiblilty that there is a minor, or incompetent person in which the Florida Rules of Civil Procedure would require the appointment of a Guardian Ad Litem to protect their interests. 7 Further, Florida Statute, Section 49.31 authorizes the appointment of a Guardian Ad Litem in these circumstances, since the title to the real property vests to the heirs or devisees upon death, and junior judgments or liens against the heirs may attach as well. See. Jones V. Federal Farm Mortg. Corporation, 182 So. 226 (Fla 1938); and Marquette v. Hathaway, 76 So. 2d 648 (Fla. 1954). Upon receipt 1634-014B of this information, Plaintiff can continue its due diligence and name all indispensible and necessary parties in order to achieve marketable title in the subject foreclosure action. WHEREFORE, Plaintiff, PENTAGON FEDERAL CREDIT UNION, prays for the entry of an Order Appointing an Attorney, Administrator, and Guardian Ad Litem for the UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY THROUGH UNDER OR AGAINST THE ESTATE OF SAIMA M. KELLEY, DECEASED, requesting said Attorney, Administrator, and Guardian Ad Litem notify the Court in writing within a reasonable amount of time, if he or she is unable to accept the appointment; requiring the Attorney, Administrator, and Guardian Ad Litem conduct a diligent search and inquiry to disclose possible surviving spouse, devisees or beneficiaries and file a report with the Court and Plaintiffs counsel, detailing the Attorney, Administrator, and Guardian Ad Litem findings; and granting such further relief as this Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was provided via E-Mail or Regular U.S. Mail to the parties listed on the service list on this_29 day of January , 2021. ALDRIDGE | PITE, LLP Attorney for Plaintiff 1615 South Congress Avenue, Suite 200 Delray Beach, FL 33445 Telephone: (561) 392-6391 Facsimile: (561) 392-6965 Digitally signed by Zachary h Ullman 6 Zachary ¥ ima Date: 2021-01-29 By: THN: toe 14:19:17 Florida Bar No.: 106751 Primary E-Mail: ServiceMail@aldridgepite.com 1634-014B Service List: CASE NO.: 20000862CA By U.S. Mail: Unknown heirs, beneficiaries, devisees, surviving spouse, grantees, assignee, lienors, creditors, trustees, and all other parties claiming an interest by through under or against the estate of Saima M. Kelley, deceased 1050 Yarmouth Street Port Charlotte, FL 33952 Unknown tenant #1 N/K/A Aaron Kelley 1050 Yarmouth Street Port Charlotte, FL 33952 1634-014B PAT ” creer i Pee 37 Wem e) a me)51 13) panastiis SETS aa ORs ee ROT BUREAU of VITAL STATISTICS ie S/ Exhibit A CERTIFICATION OF DEATH STATE FILE NUMBER: nnn DATE ISSUED: OCTOBER 9, 2020 DECEDENT INFORMATION DATE FILED: DECEMBER 27, 2019 NAME: SAIMA M KELLEY DATE OF DEATH: DECEMBER 24, 2019 SEX: ATE OF BIRTH: SSN: BIRTHPLACE! Z PLACE WHERE DEATH OCCURRED: a0 FACILITY NAME OR STREET ADDRES: ne LOCATION OF DEATH RESIDENCE: COUNTY: A j OCCUPATION, INDUSTRY: EDUCATION: ees EVER IN U.S. ARMED FORCES iil HISPANIC OR HAITIAN ORIGIN 7 RAC: “ SURVIVING SPOUSE / PARENT NAME INFORMATION (NAME PRIOR TO FIRST MARRIAGE, IF APPLICABLE) MARITAL STATUS: | a a SURVIVING SPOUSE NAME: FATHER'S/PARENT'S NAME: MOTHER'S/PARENT'S NAME: INFORMANT, FUNERAL FACILITY AND PLACE OF DISPOSITION INFORMATION INFORMANT'S NAME: RELATIONSHIP TO DECEDENT: INFORMANT'S ADDRESS: FUNERAL DIRECTOR/LICENSE NUMBER: KENNETH L. ROBERSON, F043366 FUNERAL FACILITY: ROBERSON FUNERAL HOME & CREMATORY F040401 2151 = PORT CHARLOTTE, FLORIDA 33948 ; METHOD OF DISPOSITION: PLACE OF DISPOSITION: ee CERTIFIER INFORMATION TYPE OF CERTIFIER: CERTIFYING PHYSICIAN MEDICAL EXAMINER CASE NUMBER: NOT APPLICABLE TIME OF DEATH (24 HOUR): DATE CERTIFIED: DECEMBER 27, 2019 CERTIFIER'S NAME: KAREN VAN BOSKIRK RAY CERTIFIER'S LICENSE NUMBER: ME82638 NAME OF ATTENDING PHYSICIAN (IF OTHER THAN CERTIFIER): NOT ENTERED Calon 'p ‘The first five digits of the decedent's Social Security Number has been redacted pursuant to§t 19.071(5), Florida Statutes. i , STATE REGISTRAR a EDac)seas ‘THE ABOVE SIGNATURE CERTIFIES THAT THIS IS A TRUE AND CORRECT COPY, OF THE OFFICIAL RECORD ON FILE IN THIS OFFICE, WARNING: ‘THIS DOCUMENT IS PRINTED OR PHOTOCOPIED ON SECURITY PAPER WITH WATERMARKS OF THE GREAT ‘SEAL OF THE STATE OF FLORIDA. DO NOT ACCEPT WITHOUT VERIFYING THE PRESENCE OF THE WATER- REQ: 2022003048 U MARKS. THE DOCUMENT FACE CONTAINS A MULTICOLORED BACKGROUND, GOLD EMBOSSED SEAL, AND ‘THERMOCHROMIC FL. THE BACK CONTAINS SPECIAL LINES WITH TEXT. THE DOCUMENT WILL NOT PRODUCE i DH FORM 1946 ( 3 Ee 0 we aaa eat fo] ad uy-\ Rls] 010) 518)