Loading...
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. Pm&L T u d y n�nl� y, Fwe c%suns. RAhuh�d &Ua v ao,_f�clUW,4, or F10,d4 P , tL Date Jl1`1 O U) -A C Si t e of Person Filing this Form LLJ U J i C p Capacity: ®Personal Representative ®Counsel E � c� c� o °— C) C> Melanie Walz Scaringi n CC' [2�: cq Name of Person Fi ling this Form f 1 C 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 00 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 i 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