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Filing # 138999244 E-Filed 11/22/2021 02:36:47 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 GEOFFREY H. GENTILE on January 10, 2022 at 1:30 PM, or as soon thereafter as
it may be heard, the following:
PLAINTIFF'S MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
AND FOR AWARD OF ATTORNEYS' FEES AND COSTS
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 _22 day of November,
2021.
ALDRIDGE PITE, LLP
Attomey for Plaintiff
1615 South Congress Avenue, Suite 200
Delray Beach, FL 33445
Telephone: 561-392-6391
Facsimile: 561-392-6965
Digitally signed by
Zachary Ullman
‘he Date: 2021-11-22
dash In
HAN
By: 13:04:43
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
Jennifer Day a/k/a Jennifer Kelley
3023 Daffodil Terrace
Punta Gorda, FL 33983
1634-014B
JUDGE GENTILES VIRTUAL COURT
INFORMATION
Join Zoom Meeting
https://zoom.us/j/97665342007? pwd=V3QzMkM5RXBtb1hpaUpZSJLV
DZrQT09
Meeting ID: 976 6534 2007
Password: 105634
Or by telephone at:
(786) 635-1003
Meeting ID: 976 6534 2007
Password: 105634
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).
/
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE AND FOR AWARD OF
ATTORNEYS’ FEES AND COSTS
COMES NOW, the Plaintiff, pursuant to Rule 1.510 of the Florida Rules of Civil Procedure, by and
through the undersigned attorney, respectfully moves this Court for entry of a Summary Final Judgment
in favor of Plaintiff and states:
1 The pleadings and Plaintiff’s affidavits establish there are no genuine issues of material fact to be
decided by the Court and Plaintiff is entitled to a judgment as a matter of law for all relief sought
in its Complaint to foreclose the mortgage.
2. The following material facts are uncontroverted by Defendant(s):
a. The subject Note and subject Mortgage securing payment of the Note were executed and
delivered to Plaintiff or Plaintiffs predecessor in interest on or about November 28, 2018.
Copies of the Note and Mortgage are attached to Plaintiff's Complaint. The borrower(s)
defaulted under the promissory note and mortgage being foreclosed by failing to make the
payment due February 10, 2020 and all subsequent payments as more particularly set forth
in Plaintiff's Complaint.
1634-014B
CASE NO.: 20000862CA
Plaintiff holds a Second mortgage lien. The interests of defendant(s) are inferior and
subordinate to the interest of Plaintiff.
There is now $43,730.27 due and owing under the Note and Mortgage on principal, plus
any other expenses and amounts advanced to protect Plaintiff’s security interest in the
subject property as more fully set forth in Plaintiffs Affidavit of Indebtedness, which will
be filed with this Motion or prior to a final hearing in this case.
Plaintiff has retained the undersigned attorneys and is obligated to pay said attorneys a
reasonable fee for services rendered and court costs as more fully set forth in Plaintiffs
Affidavit of Attorney’s Fees and Costs and Plaintiff’s Affidavit in Support of Plaintiff’s
Attomey’s Fees, which will be filed with this Motion or prior to a final hearing in this case.
3. The substantial matters of law to be argued are:
a. The entire indebtedness secured by the mortgage held by Plaintiff is now due and
collectible. Baader v. Walker, 153 So. 2d 51 (Fla. 2nd DCA 1963).
b. Plaintiff is permitted to collect costs and fees advanced to prevent impairment of security
per mortgage terms. Raskin v. Otten, 273 So. 2d 433 (Fla. 3rd DCA 1973).
4. Defendants failed to raise any specific issue of fact or law that would prevent entry of a summary
final judgment in favor of Plaintiff in this cause of action. See Matsushita Elec. Indus. Co., Ltd. v.
Zenith Radio Corp., 475 U.S. 574 (1986).
WHEREFORE, Plaintiff respectfully requests that this Court enter an order in accordance with
the above motion.
1634-014B
CASE NO.: 20000862CA
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 —1 day of November, 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
Ullman
B Date: 2021-11-01 09:17:27
FB Ni 106751
Primary E-Mail: ServiceMail@aldridgepite.com
SERVICE LIST:
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
Jennifer Day a/k/a Jennifer Kelley
3023 Daffodil Terrace
Punta Gorda, FL 33983
1634-014B
CASE NO.: 20000862CA
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Filing # 138999244 E-Filed 11/22/2021 02:36:47 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 GEOFFREY H. GENTILE on January 10, 2022 at 1:30 PM, or as soon thereafter as it may be heard, the following: PLAINTIFF'S MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE AND FOR AWARD OF ATTORNEYS' FEES AND COSTS 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 _22 day of November, 2021. ALDRIDGE PITE, LLP Attomey for Plaintiff 1615 South Congress Avenue, Suite 200 Delray Beach, FL 33445 Telephone: 561-392-6391 Facsimile: 561-392-6965 Digitally signed by Zachary Ullman ‘he Date: 2021-11-22 dash In HAN By: 13:04:43 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 Jennifer Day a/k/a Jennifer Kelley 3023 Daffodil Terrace Punta Gorda, FL 33983 1634-014B JUDGE GENTILES VIRTUAL COURT INFORMATION Join Zoom Meeting https://zoom.us/j/97665342007? pwd=V3QzMkM5RXBtb1hpaUpZSJLV DZrQT09 Meeting ID: 976 6534 2007 Password: 105634 Or by telephone at: (786) 635-1003 Meeting ID: 976 6534 2007 Password: 105634 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). / MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE AND FOR AWARD OF ATTORNEYS’ FEES AND COSTS COMES NOW, the Plaintiff, pursuant to Rule 1.510 of the Florida Rules of Civil Procedure, by and through the undersigned attorney, respectfully moves this Court for entry of a Summary Final Judgment in favor of Plaintiff and states: 1 The pleadings and Plaintiff’s affidavits establish there are no genuine issues of material fact to be decided by the Court and Plaintiff is entitled to a judgment as a matter of law for all relief sought in its Complaint to foreclose the mortgage. 2. The following material facts are uncontroverted by Defendant(s): a. The subject Note and subject Mortgage securing payment of the Note were executed and delivered to Plaintiff or Plaintiffs predecessor in interest on or about November 28, 2018. Copies of the Note and Mortgage are attached to Plaintiff's Complaint. The borrower(s) defaulted under the promissory note and mortgage being foreclosed by failing to make the payment due February 10, 2020 and all subsequent payments as more particularly set forth in Plaintiff's Complaint. 1634-014B CASE NO.: 20000862CA Plaintiff holds a Second mortgage lien. The interests of defendant(s) are inferior and subordinate to the interest of Plaintiff. There is now $43,730.27 due and owing under the Note and Mortgage on principal, plus any other expenses and amounts advanced to protect Plaintiff’s security interest in the subject property as more fully set forth in Plaintiffs Affidavit of Indebtedness, which will be filed with this Motion or prior to a final hearing in this case. Plaintiff has retained the undersigned attorneys and is obligated to pay said attorneys a reasonable fee for services rendered and court costs as more fully set forth in Plaintiffs Affidavit of Attorney’s Fees and Costs and Plaintiff’s Affidavit in Support of Plaintiff’s Attomey’s Fees, which will be filed with this Motion or prior to a final hearing in this case. 3. The substantial matters of law to be argued are: a. The entire indebtedness secured by the mortgage held by Plaintiff is now due and collectible. Baader v. Walker, 153 So. 2d 51 (Fla. 2nd DCA 1963). b. Plaintiff is permitted to collect costs and fees advanced to prevent impairment of security per mortgage terms. Raskin v. Otten, 273 So. 2d 433 (Fla. 3rd DCA 1973). 4. Defendants failed to raise any specific issue of fact or law that would prevent entry of a summary final judgment in favor of Plaintiff in this cause of action. See Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574 (1986). WHEREFORE, Plaintiff respectfully requests that this Court enter an order in accordance with the above motion. 1634-014B CASE NO.: 20000862CA 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 —1 day of November, 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 Ullman B Date: 2021-11-01 09:17:27 FB Ni 106751 Primary E-Mail: ServiceMail@aldridgepite.com SERVICE LIST: 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 Jennifer Day a/k/a Jennifer Kelley 3023 Daffodil Terrace Punta Gorda, FL 33983 1634-014B CASE NO.: 20000862CA