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  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
  • PENTAGON FEDERAL CREDIT UNION vs. UNKNOWN HEIRS BENEFICIARIES DEVISEES SURVIVING SPOHomestead Residential Foreclosure < 50,000 document preview
						
                                

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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