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FIRST INSERTION
NOTICE OF ACTION
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 08-2013-CA-000886
ONEWEST BANK, F.S.B.
Plaintiff, v.
THE UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENOR, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF BEVERLY CUNNINGHAM, DECEASED; CHRIS FRANK; SHARON CUNNINGHAM MATISKA; LORI GEROW; SHELLIE CARTER; CARL FRANK; ROBERT FRANK; CHARLENE BURLISON; TIMOTHY FRANK; UNKNOWN TENANT #1; UNKNOWN TENANT #2; ALL OTHER UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER, AND AGAINST A NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAME UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS,
Defendant(s),
TO: THE UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENOR, CREDITORS, TRUSTEES AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF BEVERLY CUNNINGHAM, DECEASED
whose residence is unknown if he/she/they be living; and if he/she/they be dead, the unknown Defendants who may be spouses, heirs, devisees, grantees, assignees, lienors, creditors, trustees, and all parties claiming an interest by, through, under or against the Defendants, who are not known to be dead or alive, and all parties having or claiming to have any right, title or interest in the property described in the mortgage being foreclosed herein
TO: ALL OTHER UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER, AND AGAINST A NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAME UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS
whose residence is unknown if he/she/they be living; and if he/she/they be dead, the unknown Defendants who may be spouses, heirs, devisees, grantees, assignees, lienors, creditors, trustees, and all parties claiming an interest by, through, under or against the Defendants, who are not known to be dead or alive, and all parties having or claiming to have any right, title or interest in the property described in the mortgage being foreclosed herein
YOU ARE NOTIFIED that an action to foreclose a mortgage on the following property in Charlotte County, Florida:
A PORTION OF SECTIONS 34 AND 35, TOWNSHIP 40 SOUTH, RANGE 24 EAST, CHARLOTTE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35; THENCE S 89º17'55 E, ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 329.36 FEET; THENCE S 00º00'27 E, A DISTANCE OF 3,917.13 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE S 00º00'27 E, A DISTANCE OF 682.45 FEET; THENCE N 89º51'20”W, A DISTANCE OF 618.40 FEET;THENCE N 00º05'51''W, A DISTANCE OF 131.07 FEET; THENCE N 89º55'00'' W, A DISTANCE OF 626.07 FEET; THENCE N 00º05'18 W, A DISTANCE OF 282.06 FEET; THENCE N 89º58'59 W, A DISTANCE OF 388.88 FEET TO A POINT ON THE WEST LINE OF THE EAST ½ OF THE EAST ½ OF SAID SECTION 34; THENCE N 00º01'06 E, ALONG THE WEST LINE OF THE EAST ½ OF SAID SECTION 34, A DISTANCE OF 269.05 FEET; THENCE S 89º58'54 E, A DISTANCE OF 1,633.83 FEET TO THE POINT OF BEGINNING. SUBJECT TO AN INGREE, EGREE EASEMENT ACROSS THE EAST 30.00 FEET THEREOF.
This property is located at the Street address of: 5785 Bronco Road, Punta Gorda, Florida 33982
has been filed against you and you are required to serve a copy of your written defenses on or before OCTOBER 14, 2013 a date which is within 30 days after the first publication, if any, on Elizabeth R. Wellborn, P.A., Plaintiff's attorney, whose address is 350 Jim Moran Blvd., Suite 100, Deerfield Beach, Florida 33442, and file the original with this Court either before service on Plaintiff's attorney, or immediately thereafter; otherwise, a default will be entered against you for the relief demanded in the Complaint or petition.
This Notice shall be published once a week for two consecutive weeks in the Business Observer.
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.
WITNESS my hand and the seal of the court on SEPT. 6, 2013.
BARBARA T. SCOTT
CLERK OF THE COURT
(COURT SEAL) By: D. Chazotte
Deputy Clerk
Attorney for Plaintiff:
Daniel Bialczak, Esquire
Jacquelyn C. Herrman, Esquire Elizabeth R. Wellborn, P.A.
350 Jim Moran Blvd., Suite 100
Deerfield Beach, FL 33442
Telephone: (954) 354-3544
Facsimile: (954) 354-3545
Primary email:
[email protected]
Secondary email:
[email protected]
2012-15249
September 13, 20, 2013 13-00924T