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Filing # 104353608 E-Filed 03/04/2020 04:32:08 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
CIVIL ACTION
LOANDEPOT.COM, LLC CASE NO: 19-CA-002539
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 ROBERT M. DICKENS, DECEASED, et al.,
DEFENDANT(S).
/
ANSWER TO VERIFIED COMPLAINT BY ATTORNEY,
ADMINISTRATOR AND GUARDIAN AD LITEM
COMES NOW the undersigned Attorney, Administrator and Guardian Ad Litem appointed to
conduct a diligent search for Defendant(s), 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 Robert M. Dickens, deceased, and hereby
answers the Plaintiff's Complaint as follows:
COUNT ONE: FORECLOSURE
1. Admitted for jurisdictional purposes only.
2. through 8. Without knowledge, therefore denied.
9. Admit that defendant(s), 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 Robert M. Dickens, deceased may have an interest in the
subject property. Without knowledge as to the remainder of the allegation, therefore denied.
Electronically Filed Marion Case # 19CA002539AX 03/04/2020 04:32:08 PM10. through 12. Without knowledge, therefore denied.
WHEREFORE, no deficiency judgment may be sought or obtained against any
defendant(s) not a party to the underlying subject note and mortgage.
WHEREFORE, no deficiency judgment may be sought or obtained against any
defendant(s) that was not personally served with papers in this cause and the entry of a
deficiency will deprive said defendant(s) of their rights under the Constitution of the United
States and the State of Florida.
WHEREFORE, the above named defendant(s) pray to reserve the right to amend the
Answer should further information become available and granting such other and Further relief
and the Court deems just and proper including the award of attorney fees.
WHEREFORE, the above named defendant(s) pray to reserve the right to make specific
claim as to any surplus.
/s/ Julia B. Kite-Powell
Julia B. Kite-Powell, Esquire
Julia B. Kite-Powell, P.A.
P.O. Box 18645
Tampa, Florida 33679-8645
(813)288-9594
juliakp@tampabay.rr.com
Florida Bar No. 984124
Attorney, Administrator and Guardian Ad LitemCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been
furnished by U.S. Mail or via electronic mail if one is indicated this 4 day of March, 2020, to all
parties on the attached service list.
/s/ Julia B. Kite-Powell
Julia B. Kite-Powell, Esquire
Julia B. Kite-Powell, P.A.
P.O. Box 18645
Tampa, Florida 33679-8645
(813)288-9594
juliakp@tampabay.rr.com
Florida Bar No. 984124
Attorney, Administrator and Guardian Ad Litem
Service List
Aldridge Pite, LLP
Attorney for Plaintiff
1615 South Congress Avenue Suite 200
Delray Beach, FL 33445
ServiceMail@aldridgepite.com
Cheryl Sponagle
19939 Southwest 93" Lane
Dunnellon, FL 34432
Rainbow Springs Property Owners Association,
Inc.
c/o Geralyn A. Bond — Registered Agent
c/o Villages Services Co-Operative, Inc.
2541 N. Reston Terrace
Hernando, FL 34442
Unknown Tenant | n/k/a Tyler Sponagle
19939 Southwest 93" Lane
Dunnellon, FL 34432
Unknown Tenant 2 n/k/a James Sponagle
19939 Southwest 93" Lane
Dunnellon, FL 34432
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Filing # 104353608 E-Filed 03/04/2020 04:32:08 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA CIVIL ACTION LOANDEPOT.COM, LLC CASE NO: 19-CA-002539 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 ROBERT M. DICKENS, DECEASED, et al., DEFENDANT(S). / ANSWER TO VERIFIED COMPLAINT BY ATTORNEY, ADMINISTRATOR AND GUARDIAN AD LITEM COMES NOW the undersigned Attorney, Administrator and Guardian Ad Litem appointed to conduct a diligent search for Defendant(s), 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 Robert M. Dickens, deceased, and hereby answers the Plaintiff's Complaint as follows: COUNT ONE: FORECLOSURE 1. Admitted for jurisdictional purposes only. 2. through 8. Without knowledge, therefore denied. 9. Admit that defendant(s), 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 Robert M. Dickens, deceased may have an interest in the subject property. Without knowledge as to the remainder of the allegation, therefore denied. Electronically Filed Marion Case # 19CA002539AX 03/04/2020 04:32:08 PM10. through 12. Without knowledge, therefore denied. WHEREFORE, no deficiency judgment may be sought or obtained against any defendant(s) not a party to the underlying subject note and mortgage. WHEREFORE, no deficiency judgment may be sought or obtained against any defendant(s) that was not personally served with papers in this cause and the entry of a deficiency will deprive said defendant(s) of their rights under the Constitution of the United States and the State of Florida. WHEREFORE, the above named defendant(s) pray to reserve the right to amend the Answer should further information become available and granting such other and Further relief and the Court deems just and proper including the award of attorney fees. WHEREFORE, the above named defendant(s) pray to reserve the right to make specific claim as to any surplus. /s/ Julia B. Kite-Powell Julia B. Kite-Powell, Esquire Julia B. Kite-Powell, P.A. P.O. Box 18645 Tampa, Florida 33679-8645 (813)288-9594 juliakp@tampabay.rr.com Florida Bar No. 984124 Attorney, Administrator and Guardian Ad LitemCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been furnished by U.S. Mail or via electronic mail if one is indicated this 4 day of March, 2020, to all parties on the attached service list. /s/ Julia B. Kite-Powell Julia B. Kite-Powell, Esquire Julia B. Kite-Powell, P.A. P.O. Box 18645 Tampa, Florida 33679-8645 (813)288-9594 juliakp@tampabay.rr.com Florida Bar No. 984124 Attorney, Administrator and Guardian Ad Litem Service List Aldridge Pite, LLP Attorney for Plaintiff 1615 South Congress Avenue Suite 200 Delray Beach, FL 33445 ServiceMail@aldridgepite.com Cheryl Sponagle 19939 Southwest 93" Lane Dunnellon, FL 34432 Rainbow Springs Property Owners Association, Inc. c/o Geralyn A. Bond — Registered Agent c/o Villages Services Co-Operative, Inc. 2541 N. Reston Terrace Hernando, FL 34442 Unknown Tenant | n/k/a Tyler Sponagle 19939 Southwest 93" Lane Dunnellon, FL 34432 Unknown Tenant 2 n/k/a James Sponagle 19939 Southwest 93" Lane Dunnellon, FL 34432