HomeMy WebLinkAbout06-03-14 Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent: NANCY A. LEGO
Date of Death: NNE 28, 2006 File Number:2006 00594
Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of
the above-captioned estate:
1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . . ®Yes ®No
2. If the answer is No, state when the personal representative
reasonably believes that the administration will be complete:
3. If the answer to No. 1 is YES, state the following:
a. Did the personal representative file a final account with the Court? . . . . . . . ®Yes ®No
b. The separate Orphans' Court No. (if any) for the personal
representative's account is:
c. Did the personal representative state an account
informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®Yes 0 N
d. Copies of receipts, releases,joinders and approvals of formal or informal accounts may be
filed with the Clerk of the Orphans' Court and may be attached to this report.
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O U) -A C Si t e of Person Filing this Form
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p Capacity: ®Personal Representative ®Counsel
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o °— C) C> Melanie Walz Scaringi
n CC' [2�: cq Name of Person Fi ling this Form
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W f�� E Scaringi & Scaringi PC, 2000 Linglestown Rd
OV d W Address
C) �1 o Harrisburg, PA 17110
(717)657-7770
Telephone
Form RW-10 rev. 10.13.06
1
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0715
IN THE COUNTY COURT IN AND FOR VOLUSIA COUNTY, FLORIDA " .. 6+ "
CIVIL DIVISION N 07 2
CASE NO:2000 33202 COCI 0)N R
DOLPHIN BEACH CLUB ASSOCIATION, INC., 7FE8 OFT EO�fIC ITCOUR
4P THE CIRCUIT COURT
a Florida not-for-profit corporation, WtACOUNTY,FLORIDA
Plaintiff,
vs. YS 1411
ANY AND ALL KNOWN ETC., ET AL,
Defendants. CLERK
FINAL JUDGMENT OF FORECLOSURE (IN REM)AS TO COUNT IV -LEGO
THIS CAUSE came on to be heard upon the filing of a Motion for Entry of Final
Judgment of Foreclosure (In Rem) by the Plaintiff herein, upon the Complaint to
foreclose its Claim of Lien and the evidence offered in support of such Complaint, and
upon the Default of Defendant(s), ANY AND ALL KNOWN AND UNKNOWN PARTIES
CLAIMING AS SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES OR OTHER CLAIMANTS OF PHILIP S. LEGO AND NANCY A.
LEGO, DECEASED("Defendants"). The Court being duly advised in the premises, it is,
upon consideration,
ORDERED, ADJUDGED and DIRECTED that:
0. Due and legal service of process has been had upon Defendants; the
Defendants have been properly served in this action; the Court has
jurisdiction of the parties in this cause and its subject matter;the
allegations contained in the Complaint have been proved by competent
evidence, and the equities in this cause are with Plaintiff; there is no
genuine issue as to any material fact, and Plaintiff is entitled to a
judgment as a matter of law.
2. The Claim of Lien sued upon by the Plaintiff in this cause constitutes a
valid lien upon the property hereafter described and the delinquent
common expense assessments identified in the Claim are in default as
EXHIBIT alleged in the Complaint to Foreclose Claim of Lien.
Instrument# 2012-032763 # 2
Book : 6683
Page : 2297
3. There are due to the Plaintiff the following sums:
Delinquent Common Expense Assessments
through January g , 2012 @ 18%APR $ 1 854.75
Court Costs: $ 290.40
Attorneys' Fees $ 400.00
TOTAL $ 2,545.18
i
The above itemized sums are now due and owing to Plaintiff, and in addition such
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further sums as may be paid by Plaintiff for Court Costs plus interest at 4.75% and
thereafter at the rate proscribed by law from the date of this Judgment until paid, and
any further sums in connection with this suit.
4. Plaintiff has a lien to secure the payment of the above itemized sums
against the following described real property located in Volusia County,
Florida:
Unit 114, Week 13 of DOLPHIN BEACH CLUB, A CONDOMINIUM, according to
the Declaration of Condominium, thereof, recorded in Official Records Book 2250,
beginning at Page 1961, of the Public Records of Volusia County, Florida.
The lien of Plaintiff is prior, paramount, and superior to all rights, claims, liens, trusts,
encumbrances and equities of Defendants and all persons, firms or corporations
claiming by, through or under them, and the property shall be sold free and clear of any
claims of Defendants.
5. Unless Defendants,ANY AND ALL KNOWN AND UNKNOWN PARTIES
CLAIMING AS SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES OR OTHER CLAIMANTS OF PHILIPS. ')
LEGO AND NANCY A. LEGO, DECEASED, shall pay Plaintiff or attorneys for
the Plaintiff the sums specked in Paragraph 3 above, and any other costs
of this suit as mentioned in that Paragraph 3, the Clerk of this Court, after
publication of notice as required by Chapter 45 of the Florida Statutes, as
amended, is directed to sell the property as described in Paragraph 4
above, to the highest and best bidder, for cash, at the Volusia County
Courthouse, in Deland, Florida, 101 N.Alabama Avenue, Rm D251,
2nd Floor, Clerks Conference Room, by the Clerk of this Court, free and
clear and discharged of any and all claims, liens, encumbrances, rights,
Instrummt1l 2012-032763 # 3
Book : 6683
Page : 2298
equities, and interest of Defendants, and all persons, firms or corporations
claiming by, through under Defendants, the sale will be held on MrxrA^.
;�� I ao G. at 11:00 a.m., all as provided by Chapter 45 of the
Florida Statutes. If no representative for plaintiff is present at the sale, the,
sale is automatically canceled by order of this Judgment.
6. Out of the proceedings arising from the sale of the property by this
judgment ordered to be sold, the Clerk shall retain the Clerk's fee and
shall pay the attorneys for Plaintiff the attorneys's fees allowed in this
judgment; out of the remainder of the proceeds as far as they shall apply,
there shall be paid to Plaintiff the sums above provided, together with
costs of this suit advanced by Plaintiff, the above mentioned sums with
interest, the Clerk shall report the surplus to this Court for the Court's
further orders.
7. Plaintiff may bid at the sale, and if Plaintiff is the successful bidder, it, or
its assigns, shall be entitled to a credit on the bid up to the full amount due
under this Judgment. A successful third-party bidder at the sale shall pay,
in addition to the amount of the bid, any documentary stamps and Clerk's
registry fees as provided by law.
8. Upon the sale being had in accordance with Chapter 45 of the Florida
Statutes, and upon the Clerk filing the Certificate of Sale, and upon the
Clerk filing the Certificate of Title, the sale shall stand confirmed, and
Defendants and all persons claiming by, through or under Defendants
shall be forever barred and foreclosed of any equity or right of redemption
in and to the above described property, and the purchaser at the sale or
the purchasers, their heirs, representatives, successors, or assigns
without delay shall be let into possession of the premises so conveyed.
g. This Court retains jurisdiction of this cause for the purpose of making all
further orders as may be necessary and proper.
t
10. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION THERE MAYBE
N N ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF
t0 , PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE
PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
4m
r200
m a SR IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO
FUNDS REMAINING AFTER THE SALE YOU MUST FILE A CLAIM
WITH THE CLERK NO LATER THAN&0 DAYS AFTER THE SALE IF
i j
)LOU FAIL TO FILE A CLAIM YOU WILL NOT BE ENTITLED TO ANY
;+ REMAINING FUNDS.
DONE AND ORDERED in chambers at County, Florida this
z
day of 1
1
�I
i
I
Judge
Copies furnished to:
Russell L. Cheatham, III, Esquire
Defendants:
Estate of Philip and Nancy Lego
3 Edgewood Dr
Mechanicsburg, PA 17055