Preview
Filing # 124016180 E-Filed 03/30/2021 01:39:31 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).
/
NOTICE OF HEARING
(All parties are to appear via Zoom; information attached)
PLEASE TAKE NOTICE that the undersigned has set this cause for hearing before the
Honorable SENIOR JUDGE on May 26, 2021 at 9:00 AM, or as soon thereafter as it may be
heard, the following:
PLAINTIFF'S MOTION FOR APPOINTMENT OF ATTORNEY, ADMINISTRATOR.
AND GUARDIAN AD LITEM PURSUANT TO FLORIDA STATUTE, SECTION 49.31
AND MEMORANDUM OF LAW
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 30 day of March, 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
LAW
Digitally signed by
Zachary Ullman
Date: 2021-03-30
Zachary Y. Ullman Esq,
FBN; 106751 10:24:16
Zachary Ullman, Esq.
FBN: 106751
Primary E-Mail: ServiceMail@aldridgepite.com
1634-014B
AMERICANS WITH DISABILITIES ACT: If you are a person with a
disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Jon Embury, Administrative Services Manager,
whose office is located at 350 E. Marion Avenue, Punta Gorda, Florida 33950,
and whose telephone number is (941) 637-2110, at least 7 days before your
scheduled court appearance, or immediately upon receiving this notification if
the time before the scheduled appearance is less than 7 days; if you are hearing
or voice impaired, call 711.
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
Judicial Automated Calendaring System Page 1 of 1
g System
JAC G atic Automated Calendarin
20" Judicial Circuit - Charlotte County
Scheduling a Hearing
Current Selected Court: SENIOR JUDGE, SENIOR JUDGE
This is your confirmation page. It is recommended that you print this
page for your records. If you need to Re-Schedule or Cancel this hearing,
please use the Confirmation Number on this page.
weeeeeeve® 20! Judicial Circuit - Charlotte County **********
SENIOR JUDGE
SENIOR JUDGE
Ja SESE SE OSGI RIS IHS II EIEIO IA III
Hearing confirmation on 05/26/2021 at 9:00 am for 5 minutes
Case #: 20000862CA
Motion: NOT LISTED
Attorney: 44927 SCOLARO, ANDREW ROBERT
Plaintiff: PENTAGON FEDERAL CREDIT UNION
Opposing Attorney: 999999 PRO SE
Defendant: UNKNOWN HEIRS BENEFICIARIES DE
Confirmation #: 260407
For a list of hearings previously
Schedule an In-Person Hearing
scheduled
Display a list of available hearing:
Telephone Hearings Not Allowed
dates
To cancel a Hearing To change courts
To Re-Schedule a Hearing To change Password
To Logout
https://www.ca.cjis20.org/jacswebCharlotte/ScheduleConfirmation.asp?confnum=260407 3/30/2021
SENIOR JUDGE VIRTUAL COURT INFORMATION
Join Zoom Meeting
https://z00m.us/j/3818433087?pwd=bVZYMzUzS3FuTnZNWXIzamt4QzVqQTO!
Meeting ID: 381 843 3087
Password: 021245
Or
By TELEPHONE at:
(786) 635-1003
Meeting ID: 381 843 3087
Password: 021245
PLEASE BE ADVISED that counsel and unrepresented parties shall follow
Administrative Order No. 2.40 regarding the introduction and management of
evidence in remote hearings for all evidentiary hearings and non-jury trials:
https://www.ca.cjis20.org/pdf/ao/ao_2_40.pdf
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 OTIIER PARTIES
CLAIMING AN INTEREST BY TIIROUGII
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 IILIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE,
GRANTEES, ASSIGNEE, LIENORS, CREDITORS, TRUSTEES, AND ALL OTIIER PARTILS
CLAIMING AN INTEREST BY TIIROUGII UNDER OR AGAINST TIIE 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
accordance 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
areport, 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 OTIIER PARTIES CLAIMING AN INTEREST BY TIIROUGII
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 Plaintiff's 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
1 HEREBY CERTIFY that a truce 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
i by Zachary
y
ye/ I Ullman
xchary Yan bt Date: 2021-01-29
By: TN Hoots 14:19:17
Florida Bar No.: 106751
Primary E-Mail: ServiceMail@aldridgepite.com
1634-014B
Service List:
CASE NO.: 20000862CA.
By US. 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
75
Peseta! ay Wee) ame)
511 ).\ Bisercnss
a
Ly Te Rasa Coe
BUREAU of VITAL STATISTICS se
1@
Exhibit A
CERTIFICATION OF DEATH
STATE FILE NUMBER: nnn
a
DATE ISSUED: OCTOBER 9, 2020
DECEDENT INFORMATION DATE FILED: DECEMBER 27, 2019
NAME: SAIMA M KELLEY
DATE OF DEATH: DECEMBER 24, 2019 SEX:
DATE OF BIRTH: SSN:
es BIRTHPLACE,
PLACE WHERE DEATH OCCURRED: =i
= FACILITY NAME OR STREET ADDRES:
aetna es
LOCATION OF DEATH
RESIDENCE:
COUNTY:
: OCCUPATIOI
EDUCATION: ees EVER IN U.S. ARMED FORCES #
HISPANIC OR HAITIAN OR|GIN?
RACE:
i 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
E METHOD OF DISPOSITION:
PLACE OF >S°0S Ne
CERTIFIER INFORMATION
TYPE OF CERTIFIER: CERTIFYING PHYSICIAN MEDICAL EXAMINER CASE NUMBER: NOT APPLICABLE
sl
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
') The first five digits of the decedent's Social Security Number has been redacted pursuant to §119.071(5), Florida Statutes.
lafom , STATE REGISTRAR
‘THE ABOVE SIGNATURE CERTIFIES THAT THIS IS A TRUE AND CORRECT COPY OF THE OFFICIAL RECORD ON FILE IN THIS OFFICE,
REQ: . 2022003048
ie
IS DOCUMENT IS PRINTED OR PHOTCCOPIED ON SECURITY PAPER WITH WATERMARKS OF THE GREAT
EST, | WARNING: ‘SEAL OF THE STATE OF FLORIDA, DO NOT ACCEPT WITHOUT VERIFYING THE PRESENCE OF THE WATER-
IARKS, THE DOCUMENT FACE CONTAINS A MULTICOLORED BACKGROUND, GOLD EMBOSSED SEAL, AND
sy ‘THERMOCHROMIC FL. THE BACK CONTAINS SPECIAL LINES WITH TEXT. THE DOCUMENT WILL NOT PRODUCE
eI
See
i
DH FORM 1946 (03-13)
Ee
0 we lel sat
tey- Nie] melaa a1 =1e10) 519) es