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NOTICE OF ACTION -
CONSTRUCTIVE SERVICE
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION
CASE NO: 16-CA-002142
BANK OF AMERICA, N.A.,
Plaintiff, vs.
ROBERT W. HEISER; MELODY FOJAS; BERNARD FOJAS; PINEBROOK WOODS HOMEOWNERS' ASSOCIATION, INC.; UNKNOWN TENANT #1; UNKNOWN TENANT#2,
Defendant(s).
TO: UNKNOWN TENANT #1 and UNKNOWN TENANT#2
LAST KNOWN ADDRESS: 13119 Tall Pine Circle, Fort Myers, FL 33907
YOU ARE HEREBY NOTIFIED that an action to foreclose a mortgage on the following property:
Lot 29, Pinebrook Woods
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF LEE, BEING A PART OF THE NORTHWEST ONE QUARTER (NE 1/4) SECTION 24, TOWNSHIP 45 SOUTH, RANGE 24 EAST AND FURTHER BOUNDED AND DESCRIBED AS FOLLOWS: STARTING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF THE NORTHEAST ONE QUARTER (NE 1/4) OF SAID NORTHWEST ONE QUARTER (NW 1/4), THENCE NORTH 69 DEGREES 10'52” E ALONG THE NORTH LINE OF SAID FRACTION AND THE SOUTH LINE OF FORT MYERS VILLAS, UNIT 3, PARTS OF 3 & 4 FOR 200.38 FEET TO THE NORTHEAST CORNER OF PINEBROOK LAKES CONDOMINIUM, SECTION 1, PHASE I; THENCE CONTINUE N 89DEGREES 10'52”E ALONG SAID FRACTION AND SAID SUBDIVISION FOR 616.37 FEET TO AN IRON ROD AND THE WESTERLY LINE OF FORT MYERS VILLAS, UNIT 3; THENCE S 05 DEGREES 02'41” E ALONG SAID WESTERLY LINE AND THE WESTERLY LINE OF A DRAINAGE RIGHT OF WAY (40.00 FEET WIDE) FOR 370.00 FEET; THENCE S 79 DEGREES 40'42” W FOR 156.19 FEET TO A POINT ON A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1122.63 FEET AND TO WHICH POINT A RADIAL LINE BEARS S 88 DEGREES 16'39” E SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID CURVE AND THE EASTERLY LINE OF A ROADWAY (20.00 FEET WIDE COMMON AREA) THROUGH A CENTRAL ANGLE OF 02 DEGREES 40'00” FOR 52.72 FEET; THENCE S80 DEGREES 14'42 E ALONG A NON-RADIAL LINE AND ALONG THE CENTERLINE OF AN INGRESS AND EGRESS EASEMENT (5.00 FEET WIDE) FOR 110.53 FEET; THENCE N 01 DEGREES 55'10” W ALONG THE EASTERLY LINE OF A COMMON AREA FOR 48.50 FEET; THENCE S 82 DEGREES 41'03” EFOR 114.29 FEET TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON THE WEST LINE OF THE NORTHEAST ONE QUARTER (NE 1/4) OF THE NORTHWEST ONE QUARTER (NW 1/4) AS N 01 DEGREES 12'32” W.
PROPERTY ADDRESS: 13119 TALL PINE CIRCLE FORT MYERS, FL 33907
has been filed against you and you are required to serve a copy of your written defenses, if any, on FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP, Esq. Plaintiff's attorney, whose address is One East Broward Blvd., Suite 1430, Ft. Lauderdale, FL, 33301 on or before (no later than 30 days from the date of the first publication of this Notice of Action) and file the original with the Clerk of 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 filed herein.
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 Dolly Ballard, Operations Division Director, whose office is located at Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901, and whose telephone number is (239) 533-1771, 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 this Court at LEE County, Florida, this 4th day of August, 2016.
Linda Doggett
CLERK OF THE CIRCUIT COURT
(SEAL) BY: C. Richardson
Deputy Clerk
FRENKEL LAMBERT WEISS
WEISMAN & GORDON, LLP
ATTORNEY FOR PLAINTIFF
One East Broward Blvd.,
Suite 1430
Ft. Lauderdale, FL 33301
ATTENTION:
SERVICE DEPARTMENT
Tel: (954) 522-3233 ext. 1648
Fax: (954) 200-7770
EMAIL [email protected]
DESIGNATED PRIMARY E-MAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516
[email protected]
04-077974-F00 NOTICE OF ACTION
August 12, 19, 2016 16-01899L