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Home My WebLink About08-2056MILSTEAD & ASSOCIATES, LLC BY: Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File: 45.08012 Bank of America, National Association COURT OF COMMON PLEAS 475 Crosspoint Parkway CUMBERLAND COUNTY Getzville, NY 14068, Plaintiff, ivy l Vs. No.: T p8 em Jeremy A. Forino CIVIL ACTION 14 Sinclair Road MORTGAGE FORECLOSURE Mechanicsburg, PA 17055, Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Heidi R. Spivak, Esquire ID No. 74770 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Bank of America, National Association 475 Crosspoint Parkway Getzville, NY 14068, Plaintiff, Vs. Jeremy A. Forino 14 Sinclair Road Mechanicsburg, PA 17055, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 6 k- - 0 Y(- CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Bank of America, National Association (the "Plaintiff'), is a Texas corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 475 Crosspoint Parkway, Getzville, NY 14068. 2. Defendant, Jeremy A. Forino, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. Jeremy A. Forino, Defendant, resides at 14 Sinclair Road, Mechanicsburg, PA 17055. 4. On March 23, 2001, in consideration of a loan in the principal amount of $122,531.00, the Defendant executed and delivered to Broadview Mortgage Company a note (the "Note") with interest thereon at 7.000 percent per annum, payable as to the principal and interest in equal monthly installments of $815.21 commencing May 1, 2001. 5. To secure the obligations under the Note, the Defendant executed and delivered to Broadview Mortgage Company a mortgage (the "Mortgage") dated March 23, 2001, recorded on March 28, 2001 in the Department of Records in and for the County of Cumberland under Mortgage Book 1684, Page 154. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded on March 28, 2001 under Book 670, Page 566. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 14 Sinclair Road, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage because payments of principal and interest due September 1, 2007, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal ................................ $112,421.11 Accrued but Unpaid Interest from 8/1/07 to 3/31/08 @ 7.000% per annum ($21.56 per diem) ........................................$5,260.64 Accrued Late Charges ....................................$245.76 Corporate Advance ................................. .....$1,015.00 Escrow Advance ..................................... ............$9.25 Title Search Fees .................................... ........$350.00 Pro Rata MIP/PMI .................................. ..........$92.54 Reasonable Attorney's Fees ................... .....$1,250.00 TOTAL as of 03/31/2008 ....................... .$120,644.30 Plus, the following amounts accrued after March 31, 2008: Interest at the Rate of 7.000 per cent per annum ($21.56 per diem); Late Charges of $32.61 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.1 680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 14 Sinclair Road, Mechanicsburg, PA 17055 as well as to address of residences as listed in paragraph 3 of this document on January 3, 2008, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $120,644.30, plus the following amounts accruing after March 31, 2008, to the date of judgment: (a) interest of $21.56 per day, (b) late charges of $32.61 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC 01b , ak Heidi R. ivak, Esquire Attorney for Plaintiff VERIFICATION I, Heidi R. Spivak, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. OJ? Name: Heidi . pivak, Esquire Title: Attorney 0 EXHIBIT "A" ALL THAT CERTAIN tract of land situate in the Township of Monroe, of Pennsylvania, bouned and described as follows, to-wit: T? County of Cumberland and Commonwealth BEGINNING at a point formed by the intersection of the center line of Sinclair Road (formerly Williams Grove Road) and the southern line of Nixon Drive, a 50- foot wide road extending westwardly from Sinclair Road; thence along Sinclair Road South 4 degrees 15' East, 90 feet to a point; thence South 85 degrees 47' West, 202.19 feet to a point, thence North 4 degrees 13' West, 90 feet to a point; thence North 85 degrees 47" East 201.99 feet to a point, the place of beginning. HAVING THEREON erected a dwelling known as 14 Sinclair Road. PARCEL NO. 22-24-0783-119 (Fcdno.phVF0R1N0/25) PZ?9?HX? i 00 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NATIONAL ASSOC VS FORINO JEREMY A NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon L''n'DTATll .TT.'T?WMV A the DEFENDANT , at 0910:00 HOURS, on the 11th day of April 2008 at 14 SINCLAIR ROAD MECHANICSBURG, PA 17055 by handing to THERESA FORINO, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.00 00 10.00 R. Thomas Kline .00 37.00 04/15/2008 MILSTEAD & ASSOCIATES By: day Deputy Sheriff A. D. MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File No. 45.08012 Bank of America, National Association, COURT OF COMMON PLl CUMBERLAND COUNTY Plaintiff, Vs. ; Jeremy A. Forino, Defendant. No.: 2008-02056 Civil Term Entry of Appearance ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Bank of America, National Association, in the above captioned matter. M TEA & ASSOCIATES, LLC Mary L. arb -Bell, Esquire Attorney ID No. 80763 ?` ? ?. ? ? %??? -,? .??'' `?? ? ? ..- ? '.: ..? MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Bank of America, National Association, Plaintiff, Attorney for Plaintiff File No. 45.08012 COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Jeremy A. Forino, Defendant. No.: 2008-02056 Civil Term Praecine to Dismiss the Mortgage Foreclosure Action without Prejudice TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. LS D & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 {00260106} t-S N