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NOTICE OF ACTION
FORECLOSURE
PROCEEDINGS-PROPERTY
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
Case #: 2017-CA-000807
Wells Fargo Bank N.A. as Successor by Merger to Wachovia Bank, N.A.
Plaintiff, -vs.-
Roger Dale Phillips II a/k/a Roger D. Phillips; Rebecca L. Phillips; Unknown Parties in Possession #1, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants; Unknown Parties in Possession #2, if living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants
Defendant(s).
TO: Roger Dale Phillips, II a/k/a Roger D. Phillips: LAST KNOWN ADDRESS, 1608 Haven Bend, Tampa, FL 33613
Residence unknown, if living, including any unknown spouse of the said Defendants, if either has remarried and if either or both of said Defendants are dead, their respective unknown heirs, devisees, grantees, assignees, creditors, lienors, and trustees, and all other persons claiming by, through, under or against the named Defendant(s); and the aforementioned named Defendant(s) and such of the aforementioned unknown Defendants and such of the aforementioned unknown Defendants as may be infants, incompetents or otherwise not sui juris.
YOU ARE HEREBY NOTIFIED that an action has been commenced to foreclose a mortgage on the following real property, lying and being and situated in Charlotte County, Florida, more particularly described as follows:
LOT 2-C MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 1, BLOCK “A”, GASPARILLA SHORES AS RECORDED IN PLAT BOOK 4, PAGE 71, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, SAID POINT DENOTED AS A PRM AND BEING ON THE WESTERNMOST RIGHT-OF-WAY LINE OF GRAND AVENUE AS SHOWN ON SAID PLAT, THENCE ALONG THE NORTHERNMOST LINE OF THE PLAT OF GASPARILLA SHORES AS NOW SURVEYED BY DIVERS, MCLEOD & ASSOCIATES, INC. ON DECEMBER 15, 1982 WITH ALL BEARINGS REFERRED TO DEPARTMENT OF NATURAL RESOURCES DATUM AS MONUMENTED NORTH 61°49'50” EAST 172.57 FEET TO THE POINT OF BEGINNING, THENCE NORTH 28°13'36” WEST 100.00 FEET TO INTERSECT THE NORTH LINE OF LOT 2, BLOCK 3, TOWN OF SEABOARD, AS RECORDED IN PLAT BOOK 1, PAGE 11, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, THENCE ALONG A PART OF SAID LINE NORTH 61°49'50” EAST 122.57 FEET TO THE CENTERLINE OF VACATED GRAND AVENUE; THENCE ALONG SAID CENTERLINE SOUTH 28°13'36” EAST 100.00 FEET, THENCE SOUTH 61°49'50” WEST 122.57 FEET TO THE POINT OF BEGINNING, BEING IN ALL PART OF LOT 2, BLOCK 3, TOWN OF SEABOARD AND A PART OF VACATED GRAND AVENUE, AS RECORDED IN PLAT BOOK 1, PAGE 11, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 20 EAST, LITTLE GASPARILLA ISLAND, CHARLOTTE COUNTY, FLORIDA.
TOGETHER WITH AN EASEMENT FOR INGRESS-EGRESS PURPOSES, OVER AND ACROSS THE SOUTH 8 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
LOT 2-B COMMENCE AT A CONCRETE MONUMENT FOUND AT THE NORTHEAST CORNER OF LOT 1, BLOCK “A”, GASPARILLA SHORES AS RECORDED IN PLAT BOOK 4, PAGE 71, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, SAID POINT DENOTED AS A PRM AND BEING ON THE WESTERNMOST RIGHT-OF-WAY LINE OF GRAND AVENUE AS SHOWN ON SAID PLAT, THENCE ALONG THE NORTHERNMOST LINE OF THE PLAT OF GASPARILLA SHORES AS NOW SURVEYED BY DIVERS, MCLEOD & ASSOCIATES, INC. ON DECEMBER 15, 1982 WITH ALL BEARINGS REFERRED TO DEPARTMENT OF NATURAL RESOURCESDATUM AS MONUMENTED NORTH 61°49'50” EAST 50.00 FEET TO THE POINT OF BEGINNING, BEING ON THE EASTERNMOST RIGHT-OF-WAY LINE OF GRAND AVENUE AS NOW RELOCATED NORTH 28°13'36” WEST 100.00 FEET TO INTERSECT THE NORTH LOT LINE OF LOT 2, BLOCK 3, TOWN OF SEABOARD AS RECORDED IN PLAT BOOK 1, PAGE 11, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, THENCE ALONG SAID LINE NORTH 61°49'50” EAST 122.57 FEET, THENCE SOUTH 28°13'36” EAST 100.00 FEET, THENCE SOUTH 61°49'50” WEST 122.57 FEET TO THE POINT OF BEGINNING, BEING IN ALL A PART OF LOT 2, BLOCK 3, TOWN OF SEABOARD AS RECORDED IN PLAT BOOK 1, PAGE 11, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA, LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 20 EAST, LITTLE GASPARILLA ISLAND, CHARLOTTE COUNTY, FLORIDA.
more commonly known as 8786 Little Gasparilla Island, Placida, FL 33946.
This action has been filed against you and you are required to serve a copy of your written defense, if any, upon SHAPIRO, FISHMAN & GACHÉ, LLP, Attorneys for Plaintiff, whose address is 2424 North Federal Highway, Suite 360, Boca Raton, FL 33431, within thirty (30) days after the first publication of this notice and file the original with the clerk of this Court either before service on Plaintiff's attorney or immediately there after; otherwise a default will be entered against you for the relief demanded in the Complaint.
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 seal of this Court on the 13th day of March, 2018.
Roger D. Eaton
Circuit and County Courts
(SEAL) By: J. Kern
Deputy Clerk
SHAPIRO, FISHMAN
& GACHe, LLP
Attorneys for Plaintiff
2424 North Federal Highway, Suite 360
Boca Raton, FL 33431,
16-305207 FC01 WEQ
March 16, 23, 2018 18-00201T