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ALDRIDGE | PITE
February MW 2020
Honorable Judge Edward Leon Scott
Marion County Judicial Center
110 NW First Avenue
Ocala, Florida 34475
MCCC - CIVIL
FEB 18°20 pu3:13
Re: loanDepot.com, LLC vs.
CASE NO.: 19-CA-002539
Your Honor:
Enclosed you will find the following:
1. Motion For Appointment of Attorney, Administrator, And Guardian Ad Litem Pursuant
To Florida Statute, Section 49.31 And Memorandum of Law;
2. Proposed Order Granting Motion For Appointment of Attorney, Administrator, And
Guardian Ad Litem; and
3. Envelopes and copies for the parties.
If the Order meets your approval, kindly have your assistant forward conformed copies to the parties
in the envelopes provided.
Thank you for your attention to this matter and should you have any questions, please do not
hesitate to contact the undersigned. Your assistance and consideration is appreciated.
Sincerely,
IW
ALDRIDGE | PITE, LLP
Attorney for Plaintiff
1615 South Congress Avenue, Suite 200
Delray Beach, FL 33445
Telephone: (561) 392-6391
Facsimile: (561) 392-6965
cc: all parties on the service list
1454-517BIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
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).
PLAINTIFF’S MOTION FOR APPOINTMENT OF ATTORNEY, ADMINISTRATOR. AND
GUARDIAN AD LITEM PURSUANT TO FLORIDA STATUTE, SECTION 49.31 AND
MEMORANDUM OF LAW
Plaintiff, LOANDEPOT.COM, LLC, by and through undersigned counsel, hereby files this, its
Motion for Appointment of Attomey, 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 ROBERT M. DIC!
S, DECEASED,
(“unknown parties”) and Memorandum of Law in Support thereof.
1. A Complaint to foreclose the Mortgage was filed with the Court on November 19, 2019
for real property located in Marion 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 ROBERT M.
DICKENS, DECEASED, are the current owner(s) of the subject property. Robert M. Dickens passed away
on or about March 6, 2019. See attached death certificate as Exhibit A.
1454-517B3. Service of process upon the unknown parties was completed on January 16, 2020 as
evidenced by the proof of publication filed in this action on January 16, 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.
3. 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
1454-517Bof 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, LOANDEPOT.COM, LLC, 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 ROBERT M. DICKENS, 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
J 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 day of \ on ads | , 2020.
ALDRIDGE | PITE, LLP
Attorney for Plaintiff
1615 South Congress Avenue, Suite 200
Delray Beach, FL 33445
Telephone: (561) 392-6391
Facsimile: (561) 3 os.
Fiorida Bar No.:
Primary E-Mail: ServiceMail@aldridgepite.com
1454-517BService List:
CASE NO.: 19-CA-002539
U.S. Mail:
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 1 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
1454-517BBUREAU of VITAL STATISTICS
Exhibit A
CERTIFICATION OF DEATH
STATE FILE NUMBER: DATE ISSUED: MARCH 11, 2019
DECEDENT INFORMATION DATE FILED: MARCH 11, 2019
NAME:_ROBERT M_ DICKENS
DATE OF DEATH: MARCH 6, 2019 SEX: ACE: a
DATE OF BIRTH: ay SSN:
BIRTHPLACE: SS
PLACE WHERE DEATH OCCURRED: RRR
FACILITY NAME OR STREET ADDRESS: NS
LOCATION OF DEATH: (igi
EDUCATION: _———— EVER IN U.S. ARMED FORCES7#am
HISPANIC OR HAITIAN ORIGIN? (SSS
RACE:
MOTHER'S/PARENTS NAME: iia =
INFORMANT, FUNERAL FACILITY AND PLACE OF DISPOSITION INFORMATION
INFORMANTS NAME: ‘EEE
RELATIONSHIP TO CECECENT: S=SmanEEE
INFORMANT'S ADDRESS:
FUNERAL DIRECTORILICENSE NUMBER: MICHAEL J CSUKA, F043660
FUNERAL FACILITY: BALDWIN BROTHERS - OCALA - SW 83RD CT F191139
11250 SW 93RD CT STE 300, OCALA, FLORIDA 34481
METHOD OF DISPOSITION: SRE
PLACE OF DISPOSITION: BALDWIN BROTHERS CREMATORY
OCALA, FLORIDA
GERTIFIER INFORMATION
TYPE OF CERTIFIER: CERTIFYING PHYSICIAN MEDICAL EXAMINER CASE NUMBER: NOT APPLICABLE
TIME OF DEATH (24 HOUR): I DATE CERTIFIED: MARCH 8, 2019
CERTIFIER'S NAME: JOHN R SHARPE
CERTIFIER'S LICENSE NUMBER: ME13794
NAME OF ATTENDING PHYSICIAN (IF OTHER THAN CERTIFIER): NOT ENTERED
PACE | A MULTICOLORED GOLD EMBOSSED SEAL, AND ”
‘The first five digits of the decedent's Social Security Number hee been redacted pursuant to §119.671(6), Floride Statues.
Lfon , STATE REGISTRAR
REQ: 2020232246
‘THE ABOVE SIGNATURE CERTIFIED THAT THIS 16 A TRUE ANO CORRECT COPY OF THE OFFICIAL RECORD ON FILE IN THIS OFFICE.
Preview
ALDRIDGE | PITE February MW 2020 Honorable Judge Edward Leon Scott Marion County Judicial Center 110 NW First Avenue Ocala, Florida 34475 MCCC - CIVIL FEB 18°20 pu3:13 Re: loanDepot.com, LLC vs. CASE NO.: 19-CA-002539 Your Honor: Enclosed you will find the following: 1. Motion For Appointment of Attorney, Administrator, And Guardian Ad Litem Pursuant To Florida Statute, Section 49.31 And Memorandum of Law; 2. Proposed Order Granting Motion For Appointment of Attorney, Administrator, And Guardian Ad Litem; and 3. Envelopes and copies for the parties. If the Order meets your approval, kindly have your assistant forward conformed copies to the parties in the envelopes provided. Thank you for your attention to this matter and should you have any questions, please do not hesitate to contact the undersigned. Your assistance and consideration is appreciated. Sincerely, IW ALDRIDGE | PITE, LLP Attorney for Plaintiff 1615 South Congress Avenue, Suite 200 Delray Beach, FL 33445 Telephone: (561) 392-6391 Facsimile: (561) 392-6965 cc: all parties on the service list 1454-517BIN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA 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). PLAINTIFF’S MOTION FOR APPOINTMENT OF ATTORNEY, ADMINISTRATOR. AND GUARDIAN AD LITEM PURSUANT TO FLORIDA STATUTE, SECTION 49.31 AND MEMORANDUM OF LAW Plaintiff, LOANDEPOT.COM, LLC, by and through undersigned counsel, hereby files this, its Motion for Appointment of Attomey, 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 ROBERT M. DIC! S, DECEASED, (“unknown parties”) and Memorandum of Law in Support thereof. 1. A Complaint to foreclose the Mortgage was filed with the Court on November 19, 2019 for real property located in Marion 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 ROBERT M. DICKENS, DECEASED, are the current owner(s) of the subject property. Robert M. Dickens passed away on or about March 6, 2019. See attached death certificate as Exhibit A. 1454-517B3. Service of process upon the unknown parties was completed on January 16, 2020 as evidenced by the proof of publication filed in this action on January 16, 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. 3. 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 1454-517Bof 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, LOANDEPOT.COM, LLC, 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 ROBERT M. DICKENS, 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 J 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 day of \ on ads | , 2020. ALDRIDGE | PITE, LLP Attorney for Plaintiff 1615 South Congress Avenue, Suite 200 Delray Beach, FL 33445 Telephone: (561) 392-6391 Facsimile: (561) 3 os. Fiorida Bar No.: Primary E-Mail: ServiceMail@aldridgepite.com 1454-517BService List: CASE NO.: 19-CA-002539 U.S. Mail: 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 1 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 1454-517BBUREAU of VITAL STATISTICS Exhibit A CERTIFICATION OF DEATH STATE FILE NUMBER: DATE ISSUED: MARCH 11, 2019 DECEDENT INFORMATION DATE FILED: MARCH 11, 2019 NAME:_ROBERT M_ DICKENS DATE OF DEATH: MARCH 6, 2019 SEX: ACE: a DATE OF BIRTH: ay SSN: BIRTHPLACE: SS PLACE WHERE DEATH OCCURRED: RRR FACILITY NAME OR STREET ADDRESS: NS LOCATION OF DEATH: (igi EDUCATION: _———— EVER IN U.S. ARMED FORCES7#am HISPANIC OR HAITIAN ORIGIN? (SSS RACE: MOTHER'S/PARENTS NAME: iia = INFORMANT, FUNERAL FACILITY AND PLACE OF DISPOSITION INFORMATION INFORMANTS NAME: ‘EEE RELATIONSHIP TO CECECENT: S=SmanEEE INFORMANT'S ADDRESS: FUNERAL DIRECTORILICENSE NUMBER: MICHAEL J CSUKA, F043660 FUNERAL FACILITY: BALDWIN BROTHERS - OCALA - SW 83RD CT F191139 11250 SW 93RD CT STE 300, OCALA, FLORIDA 34481 METHOD OF DISPOSITION: SRE PLACE OF DISPOSITION: BALDWIN BROTHERS CREMATORY OCALA, FLORIDA GERTIFIER INFORMATION TYPE OF CERTIFIER: CERTIFYING PHYSICIAN MEDICAL EXAMINER CASE NUMBER: NOT APPLICABLE TIME OF DEATH (24 HOUR): I DATE CERTIFIED: MARCH 8, 2019 CERTIFIER'S NAME: JOHN R SHARPE CERTIFIER'S LICENSE NUMBER: ME13794 NAME OF ATTENDING PHYSICIAN (IF OTHER THAN CERTIFIER): NOT ENTERED PACE | A MULTICOLORED GOLD EMBOSSED SEAL, AND ” ‘The first five digits of the decedent's Social Security Number hee been redacted pursuant to §119.671(6), Floride Statues. Lfon , STATE REGISTRAR REQ: 2020232246 ‘THE ABOVE SIGNATURE CERTIFIED THAT THIS 16 A TRUE ANO CORRECT COPY OF THE OFFICIAL RECORD ON FILE IN THIS OFFICE.