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Home My WebLink About05-5012SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., JOSEPH REJENT, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 86727, 59621 & 87137 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: Tracey Lee Milakovic and Kevin M Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 DEFENDANT(S) COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., JOSEPH REJENT, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 86727, 59621 & 87137 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 PLAINTIFF VS. Tracey Lee Milakovic and Kevin M Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, REO Properties Corporation, the address of which is, , 1665 Palm Beach Lakes, Suite 105, West Palm Beach, FL 33401, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: National City Bank of Pennsylvania Mortgagor(s): Kevin M. Milakovic and Tracey Lee Milakovic (b) Date of Mortgage: August 26, 1999 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1568 Page 90 Date: September 1, 1999 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: National City Bank of Pennsylvania Assignee: Reo Properties Corporation Date of Assignment: June 8, 2005 Recording Date: July 5, 2005 Book: 718 Page: 4291 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 4727 East Trindle Road, Mechanicsburg, Pa 17055 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Tracey Lee Milakovic, 4727 East Trindle Road, Mechanicsburg, PA 17050; Kevin M Milakovic, 4727 East Trindle Road, Mechanicsburg, PA 17050 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 30, 2004 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of September 16, 2005: Principal of Mortgage debt due and unpaid $90,135.04 Interest currently due and owing at 8.5% per annum calculated from September 30, 2004 at $20.99 each day $7,388.48 Late Charge of $87.57 per month assessed on the 16th of each month from November 16, 2004 to September 16, 2005, $963.27 (11 Months) Escrow Advances made by Plaintiff $2,454.11 Suspense/Unapplied Balance (248.66) Property Inspection $21.00 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $1,500.00 TOTAL $102,463.24 9. Interest accrues at a per diem rate of 20.99 each day after September 16, 2005, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: _ SHAPIRO & KREISMAN, LLC BY: UrO- Ilana Zion Attorney for Pla ntiff r\' S & K File No. 05-23867 Yal Te: Natbed Cltr e.nk P.O. Bo: 6670. Lod.17120 Ia.Ir.Lne,tMlvddl0t ROBERT P, ZIEDLER RECORDER OF DEERS COIdDE%A)AD COUNTY-PA ,99 SEP 1 FIR 2 17. Nwior dcNv. Mortgage TNm blmTcumat l/ Mo. on-mpga -batw.w -LBO m.ratmN.1 an1r1'Zonfar'1 &W N.dwwl City bards a Pwmywdaa dwwlmfar o/A/d'LWId 9. A. w/d hw/In. IN W-'Ownw''at- lraddwny wa edumbtw.ty Y .b Owrw/, mw tll auM vw•orw /nN M Ia•1.M..wmN b.uM bV tM Iwm. Mr.•1. 1ylOYR.e, w IJw - _ - IMn4n.nw, wh11Mr am •f fadn, aae.d d.'Ea1Yy1."1. 0.1 taw WOW la L.N. In U. 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Ovic ?J =t.• ACWOWLEDONEIXT ,,+„ n r?,• COMMtfNWULTN OF PENNSYLVANIA / N' ?::'.:•? 186 ,.I'yl.?•,w ..:..:' `,t ' a,l On as --25 day a Avp+u9 C , 1999 , p.lal. aw, eM xaxYemd ortkx t.M axdn.. Ma N jnN ?rl4.r / Wm tar of N.dam pry &" of PMmynmdde5. px.Pmey ap«wN fEy1N N. M1LLNR42G lYA[Ey LEF NILIIK.VI[ • " lyeri f f; (5ri' ..d immay provaal to b• dm pa.onld when aamila) N I... I •unmawd In dw *N. fmff. t.M ukh.w1.a94 Rut glew?ak 4!• ..ma fx M. p.+r«M. dwNn «nuN.{ '` 'i+ j.am E W WRn... Whaaw, I hom nro wt my mind and of1gN wag. fAV Cormd.an eglm T41s M wmNO 8W LarwfAllx4CdCv ` ./ ' My c.nplwwtoR fdrppdd None, 2a0f NPwn NOW CBRTIFNATE OF RESIDENCE 1. Sam Raaaer_?,a-bx.byaaafy Mal motol"i.polo.-Mena, 1. 4W Mpk.1 a.faaS..p Hill PA Wo11 ...da.ti AwmM onaaa.a B40k?$I?TACE a ?. a...,armaar. Tae pABM NO. 10-22•927-075 ALL MT CERTAIN tract of laud situate i. Bampdan Township, awd}erland Cooney, pnn"Ivanim, bounded and de.cribed in aooordana. with a suwvey and plan thereof mad. by Brue.t 1. Walker, pmfeaaional t:ngineer, daCed Septeober 9, 1969, as fpllm- n8(IN=Mg at a point in the middl0 of Tiindle road (formerly k-.n as 2vindle spring Road) at the saaterly lino of prypetty now or late of 1Svmretc L. Burr, et us; thence along said pzvperty North 26 dapreba 30 dnutoa went 254.1 feet to an iron pipe is line of land new or late of Mery Neebaugh} tbenes along maid land North 73 degreeJt 49 minutes 25 aeeohds 6anc 66.12 foes W an irod pipe, a turner of property mw m late of r9v Iow w, rerbine} ebence along the Same Swan 29 dgraea 30 minute. Laat 247,77 feet no a point in the middle of Triodlo road efoeswmidi thence along the center there of aout)+ 63 degree. 30 minutes want 6S feet to the place of MOINMIN6. HAvrMC th4vaoo erected a one and one-half Story frame dwelling know a. No. 4727 Trindle road. arm the amt premises wbich Leonia M. Smelt., a single perann, Ay dead dated ravmaber is, 1965 and raeatded November 19, lbe5 in the Offies of the racordar of Deeds for Cumberland County in Doad Book 31-P page 290, gradcnd and conveyed to PLances Lea Daoa ct, a aingle peraan. r r~.,,, cis "p,i• ? {: . _:' Ste1601 Pmm7a1•tYSnla ?•. Cadnl Of AM•' Y Lbmh } ^ erlend $$ uc4 aord? In the aryl Or the retordi ' • 16Ma tY. Pp a0 of Dwfi }rs}j? ?n wilaa • i mYhanOarMs.,}ofo?tiic t'arllga AA this ?YOf ?q 1 L 0601588 not - 82 JManACj* Fixed Rate Simple Interest Not:. And Security Agreement Branch L TPW LDW* National Cib? ti a rVi.tered tradaasrk of National CIW Corporation. Dated 08/26/1999 KEVIN M MILAKOVIC 0 Debtor(s) TRACSY LEE HILAKOVIC Addrin 4727 8 TRINDLZ RD City MECHANICSBURG State, zip PA 170550000 ® TERMS OF REPAYMENT FOR VALUE RECEIVED, you the undersigned CDebue), promin to pay to the order of National City Bank of Perm ("Bank'), the principal sum of $ M25S.25 together with kAtmat on the principal sum otustandit time to time and on any other amounts due under this Agmment, except interest, d the rate of . 10_x.90 % per aunum and payable in 359 consecutive monthly installments of s • 7$9,36 each. with a final Installment of = _7f]8.36___ - beginning on and continuing on the same day of each mouth dwrea tev until paid In full. Your payment history Gout the amount you owe under is Agreement. . DESCRIPTION OF GOODS OR REAL. ESTATE SECURING PAYMENT ("PROPERTY1 1ST HTG 4TZT E TRINDLf RD, NECHANICSOURG, PA 17055 LOAN USE You represent to Bank that the loan proceeds are to be used as follows: BILL CONSOl.TDATION/HNDA ® DISBURSEMENT OF PROCEEDS Bank b authorized to disburse loan proceeds as indicated 1n the Itemization of do Amo" Financed. ® INSURANCE AGREEMENT Insurance on the property must be obtained by you. You may choose the person through whom such Insurance. U obt You cannot obtain such ineurance from Bank. Bank may require Vendors Single Interest Insurance for the term of this Agreement. Vendor's Single Ii Insurance protects ody the Bank's interests. You may obtain extended warranty coverage, but such coverage is to required and eanmot be obtained from Written evidence of insurance, with Bank named as loss payee, wig be delivered to Bank. If the security for this loan le real estate, you mast maintain props estate insurance on the Property mcludi proper flood insurance required by law. If this loan is secured by other than real estate, insurance must consist 01 Theft, Comprehensive and Collision with not more than Five Hundred Dollars (:500.00) deductible. If you fail to maintain such Insurance, Bank may, option, :obtain inaucamst on the Property. The insurance obtained by Bank shall include that coverage which Bank, in its sole discretion, deems aecona to p Bank's Interest in the Property. If Built obtains the insurance, you agree to pay Bank the premium therefor plus; interest thereon at the contractual rate, acknowledge that Bank, as insured, may receive refunds or other remuneration which could affect the not cost of such coverage to Bank. You *Sr_" that In no shall you be entitled, directly or Indirectly, to such refund or other retnuncration. The aggregate of such premium and Interest shall be divided by the nund monthly Installments remaining and the amount of each remaining monthly installment :hall be proportionately increased. If you purchased OAP With Vcndor's Single Interest Iaaura:hce. you still linnet maintain any and all insurance required by this Agreement. If the Property Is lost, stolen or destroyed. you still pay Bank whatever you owe under this Agreement. In Nra event you purchased GAP Waiver, you must continue to minks you payments until Bank ra your full Insurance proceeds: If any credk irtwance, Vendor's Single Iotetest Insurance or OAP Waiver is financed under this Agrsettett, the cost and tens ?hOwn'on the Disclosure Statemart. You irrevocably make Bank your agent for adjustment of all insurance losses and settlement thereof (including any with s party irhsurer) for an amount Bonk in good faith deems reasonable. This agamy shall be coupled with an interest and shall not be revoked by your t incompetency or incapacity. All amount Bank receives may, at its option. be applied to the indebtedness evidenced by this Agreement of used to repay or n the property. PREPAYMENT You may prepa7 the principal sum of this Agreement in whole or in part at any tune or from time to time, without penalty. In the ev prepayment, interest on the sum prepaid shall be computed on the basis of a 365-day year, but.calculated on actual days. LATE CHARGE If you are in default (as defined (11)) and Bank requires immediate payment of the whole amount outstanding under this ASmemes agree to pay Bank Interest on the rpmai balance at the contractual rate In effect at the time of acceleration. If you are more than fifteen (13) days [as in I of tab p an installment and Bank does tot requi d'ute payment of the while amotxrrt outstanding hereunder, you.proauee to pay Bank slate charge (10%) of the monthly payment then due, with a minimum chargo.of $20.00. 0 RETURN CHECK CHARGE You wig pay $20.00 for each return of a dishonored check, negotiable order of withdra we[. or share draft issued by you, m SECURITY AGREEMENT You give Bank a security interest In the Property (including, without limitation, any accessions and all loss proceed unearned premiums of insurance covering the Property), all proceeds and all unearned premiums on credit insurance and extended warranty financed. Ali prc And all GAP Waiver refunds financed and in all deposit accounts you have or at any time may have with Bank and Bank's affiliates to serum the payment < amounts owed under this Agreement. and (except for the Property If the Property is your principal residence) an other indebtedness you have or at any tim hive witb Bank and Bank's affiliates. However, If Bank now has an earlier lien Oct your principal residence as security for future obligatiomt, Bank waive security as to this Agreement only. If you an in default [as defined (11)), Bank is authorized to cancel any policies of credit insurance end extended we financed and any GAP •Weiver contract financed. Bank may at any time apply all bu proceeds and untamed premiums of insurance covering the Property, a as unearned premiums on credit insurance and extended warranty 6ramced or (SAP Waiver refunds financed to the balance. outstanding under this Agreement its option, to repair or replace the Property. Ed DEFAULT You will be in default on this Agreemieru: (i) if you do not pay an installment on tims or do not pay on time any other indebtedness owl you to Bank or Bank's affiliates; or (ti) if say creditor tries by leal process to take funds from any account of yours with Burk or RaWs affiliates or u execution on the Property; or (iii) If there is a filing for your bankruptcy or insolvency; or Qv) if you die or are. declared kgaBy incompetent or 1 incapacitated; or (v) any statement In your loan application or any other writing is materially false; or (vi) if you fail to comply with say other tern or eon contained in this Agreement or in any other agreement with Bank or Bank's affiliates; or (vii) if a)udgment is entered against in nay taut of record; of if you do not pay anj of your debts as they come duo; or (ix) if the Property is threatened with, or.subjott to, seizure, 1 vy, attachment, condea=6 forfeiture. If you are in default, Bank can then require immediate payment of the whole amount outstanding under this Agreement or of any other outstt indebtedness you have with. Bank (except indebtedness secured by your principal residence), and may use an7 right and come" under the law including tit to go peaceably without court pieces: upon any premises where the Property may be and remove it. If Bait requests. you agree to deliver the Property to reasonably convenient place. Unfess otherwise required by law, any property not covered by this Agreement which may be repossessed with the Property a Bank's sole option, be mailed to you. at any address indicated on Bank's records. Bunk may sell, lease, or otherwise dspose of the Property. You will owe the reasonable costs of repossession, repair, store e, p amtion for ask, and eels. The net proceeds of sale or other disposition of the property shag be app the amount you then owe Bent and Bank's atfrliates. You shall pay to But any mmaWing balance owing under this Agreemetrt. If Bank sues to cone amount you owe it, the Bank any charge you for court costs and reasonable attorney's fees for Bsnit's own salaried lawyers or independent counsel dot it hit 63 WARRANTIES You acknowledge that all information you provide to Bank is true and complete, and that you are a natural person and fully compel inter into contacts. NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before 7ou.dp. Kthe borraprer d?CS?'tEay the debt. yon will have to. Be wa you can affa if you have to, and that you ward to accept this reaponsibiht ."Yoir auj ve to pay up to tyre tall amount of the debt If the borrower does not pay. You, have.to pay late fens cc collection code, which increase this amount:. 1Uj Bank can edlleat thin debt from without first trying to collect fi'om fire b. The, Bart can use the same collection methods against you that can be aseti aSaLtd dw borrower, such as sn yea, garnishing your wages, (when per law), etc. If this debt is over in default, that fact may become a pan of yew credit mood. This notice is not the contract that makes you liable for the d undersigned acknowledge mosipt of this Notice prior to becoming obligated. toU COPY RECEh/kV You, intending to be legally bound, "to all provision of this meat, iachtdsng 1 he , which is incorporated h rence, and acknowledge that you received a copy of this Agreement, Woluding the meat with al! appfi leaks completed before yoi below. KEVIN M MILAKOVIC O+Z 7yp? a plat a.eo. d pebtor r s' . TRACEY LEE MILAKOVIC Type a peat acs d DrMor ? t? ;? t7rrr 7yp a paid am dAblet Abtds aipdo r Dab Type a pdd mots of t7ebtar D,bWo Meamm DOB Date: ? -,,?: Tracey Lee Mi akovic 4727 East Trindle Road Mechanicsburg, PA 17050 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. ?xh;u?t c HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: Tracey Lee Milakovic and Kevin M Milakovic 4727 E. Trindle Road, Mechanicsburg, PA 17055 33749433 National City Bank Ocwen Federal Bank, FSB 05-23867 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS.IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR ROME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 4727 E. Trindle Road, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: August 30, 2004 to May 30, 2005 @ $875.67 per month = $7,881.03 Other charges (explain/itemize): Late Charges: September 15, 2004 to May 15, 2005 @ $87.57 = per month $788.13 Pre-Default Late Charges: _ $254.78 Inspection Fees: $21.00 TOTAL AMOUNT PAST DUE: _ $8,944.94 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,944.94, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to: Ocwen Federal Bank, FSB 1665 Palm Beach Lakes Suite 105 West Palm Beach, Florida 33401 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property, IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yQu still have the right to cure the default and prevent the sale at any -lime up to one hour before the Sheriffs Sale. You may do so by pang the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: CIO The Law Firm of Shapiro and Kreisman Address: 2520 Renaissance Blvd., Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE PROCEEDING OR ANY OTHER MORTGAGE DOCUMENTS, OF A DEFAULT IN ANY FORECLOSURE LAWSUIT INSTITUTED UNDER THE • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER COUNSELING AGENCIES CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232=9757 Loveship, Inc. 2320 North 5"' Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 Date: ?Va 4ba Kevin M Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: LAW FIRM FILE NO.: Tracey Lee Milakovic and Kevin M Milakovic 4727 E. Trindle Road, Mechanicsburg, PA 17055 33749433 National City Bank Ocwen Federal Bank, FSB 05-23867 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMFRGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOU DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAY IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling, agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications have for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 4727 E. Trindle Road, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: August 30, 2004 to May 30, 2005 @ $875.67 per month = $7,881.03 Other charges (explain/itemize): Late Charges: September 15, 2004 to May 15, 2005 @ $87.57 = per month 788.13 Pre-Default Late Charges: _ $254.78 Inspection Fees: $21.00 TOTAL AMOUNT PAST DUE: _ $8,944.94 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable}: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,944.94, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Ocwen Federal Bank, FSB 1665 Palm Beach Lakes Suite 105 West Palm Beach, Florida 33401 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON-The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the creditor begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ou still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so bypayina the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. If money is due, such payment must be in cash, cashier's check, certified check or money order made payable to the lender at the address set forth above. HOW TO CONTACT THE LENDER: Name of Lender: C/O The Law Firm of Shapiro and Kreisman Address: 2520 Renaissance Blvd., Suite 150, King of Prussia, PA 19406 Phone number: (610) 278-6800 Fax number: (610) 278-9980 Contact person: Ilana Zion, Esquire EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-You x may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. 0 TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C, FOR THE COUNTY in which the property is located, using additional pages if necessary). APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER COUNSELING AGENCIES CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5r'' Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 <. Cr W <L m t!. OID LL d ? ' m 1Y cF ? Em o ? D? • .? R S y hS2h 6LSh E000 09TT hOU. co d 3-+ U ti 2 v [7 21L v p d c ? ?Q Wo N c? c Z O r 00 0 d a ? 7 m a Y ?.. U ? ? O a . ia m N E ° D or CC a ti o a ?' E . = v C dU co ?00? _ m LL E ? a d 2 0 v n 0 V ltl a C co ?0? °6. ! I r 'a I c i' t 1,22 C d n N - O a Q r m fn 4 v E z ? m -- N .S d v U a • .a o tL a® Q m N? 2t; m ot) m m ¢ q f ? L s N$ m 92 a W 1 a? m .w Lh2fi 6LSfi E000 09TT fi00L tP a S t. CJ - u _Ay [ CJ u Lt. ?-1191VS1 ..-. ?• s ..?. Q P ix C of c E? c 0 _ m ro ? m rn c ? O C A ? i L o v CN J ? 9? a7 ? 3 c m E m _ N N .D C j C t6 O O aE?ao R ? o ? E C ON G o m c c da0.?mo q Ern ° N?wEuo = C CJ .R ? U Em-cnv 75 ? N G' L N C ?gml--co a o v o ro'Ry ?• a E o o$. m C c0 -' •n E _ y UI L d L m V° p G 3 U 'w »U- L m m j C d m N O = 0'p, C f] ?2. N ld O C d 3 O 7. E ~ m .Q 7 m m o V v N m E 0 N m o? ? V fl) fV a? O m 'O N 3 T Q? ti M F VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C. S . Sec. 4904 relating to unworn falsification to authorities. SHAPIRO & KREISMAN BY: Ilana Zion, Es o ire Attorney for Plaintiff Dated: ? - I (?? n -GC1. llt ul lJ Cry SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05012 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND REO PROPERTIES CORPORATION VS MILAKOVIC TRACEY LEE ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , OCCUPANT 4727 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 THERE WERE NO OTHER OCCUPANTS. NOT FOUND , as to Sheriff's Costs: So answers- Docketing 6.00 / Service .00 Affidavit 5.00 -T_ R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 SHAPIRO & KREISMAN 09/28/2005 Sworn and subscribed to before me this W i1 day of r A.D. A Pr thonot,?-r SHERIFF'S RETURN - REGULAR CASE NO: 2005-05012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REO PROPERTIES CORPORATION VS MILAKOVIC TRACEY LEE ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILAKOVIC TRACEY LEE the DEFENDANT , at 1954:00 HOURS, on the 27th day of September, 2005 at 4727 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 by handing to KEVIN M MILAKOVIC, SPOUSE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 nn So Answers: R. Thomas Kline Sworn and Subscribed to before me this U Cn day of A.D. 0 of y 09/28/2005 SHAPIRO & KREISMAN By: //,,Z Deput S eriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-05012 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REO PROPERTIES CORPORATION VS MILAKOVIC TRACEY LEE VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MILAKOVIC the DEFENDANT , at 1954:00 HOURS, on the 27th day of September, 2005 at 4727 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 KEVIN M MILAKOVIC by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 nn 1 V . V V Sworn and Subscribed to before me this r'\ day of So Answers: R. Thomas Kline 09/28/2005 SHAPIRO & KREISMAN By, Deputy Sheriff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF VS. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:05-5012-CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $113,656.20 in favor of the Plaintiff and against the defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $89,145.57 Interest at 8.5% from July 30, 2005 to May 22, 2007 (662 days @ $20.76 per diem) $13,743.12 Late charges (for certain months prior to default and every month after at a rate of $87.57 per month) $2,714.67 Escrow Advance $2,445.57 Bankruptcy Fees & Costs $948.80 Suspense/Unapplied Balance ($673.81) Appraisal Fees $625.00 Title Search Report Fees $250.00 Attorneys Fees $4,457.28 TOTAL AMOUNT DUE $113,656.20 d"L' ur en R. Tabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $113,656.20. P othy. OS-23867 '? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Kevin Michael Milakovic Tracey Lee Milakovic, Debtors. CHAPTER 13 BANKRUPTCY CASE NUMBER 1:05-bk-07258-MDF REO Properties Corporation, Movant, V. Kevin Michael Milakovic Tracey Lee Milakovic, Debtors, and Charles J. Dehart, III, Trustee, Additional Respondent. ORDER AND NOW, after notice to all required parties and certification of default under the terms of this Court's Order of April 10, 2006, it is ORDERED AND DECREED that the automatic stay of all proceedings, as provided under 11 U.S.C. §362 of the Bankruptcy Code is lifted to permit REO Properties Corporation, and its successors in interest, if any, to proceed with the foreclosure process through, among other remedies, but not limited to, Sheriffs Sale regarding the premises 4727 East Trindle Road, Mechanicsburg, PA 17055 and a possessory action if necessary. By the C'owt, 71 Ik ? Dated: April 27, 2007 gi111 -p' Judge fv1 This document is electronically signed and filed on the same date. SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 RED Properties Corporation PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS NO: 05-5012-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Tracey Lee Milakovic DATE OF NOTICE: May 9, 2007 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tat servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Il ion, Esquire Shapiro & Kreisman, Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., JOSEPH REJENT, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 86727, 59621 & 87137 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Tracey Lee Milakovic and Kevin M Milakovic DEFENDANT(S) STATE OF: Florida COUNTY OF: Orange NO: AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. REO Propgrti" Corporation By: NAME:I dell antiago TITLE: U ore losure Facilitator Sworn to and subscribed before me this ??µ+Py, Queen Michelle Roberts 05-23867 My Commission DD145947 '+q tidlf Expires August 28, 2008 SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS NO: 05-5012-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Kevin M. Milakovic DATE OF NOTICE: May 9, 2007 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IWORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Ilana Zion, Esqui Shapiro & Kreis , LLC Attorney for Plain Tiff SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF VS. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 05-5012-CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, May 9, 2007 to the following Defendants: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Angela D'Antonio, Legal Assistant to Ilana Zion, Esquire for Shapiro & Kreisman, LLC SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF vs. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:05-5012-CIVIL TERM CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following persons or their attorney of record: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Date mailed: 5-d I b & KREISMAN, BY: Lauren R. Tabas, Esq Attorney for Plaintiff 05-23867 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF vs. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:05-5012-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: REO Properties Corporation 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 and that the last known address of the judgment debtor (Defendants) is: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 IRO KREISMAN, L BY Lauren R. Tabas, Esquire Attorney for Plaintiff 05-23867 -> ?v J V`+ OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 REO Properties Corporation PLAINTIFF VS. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:05-5012-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated low. /s / Lz? r? , Curtis R. Long Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: O Confessed Judgment () Other REO Properties Corporation File No.05-5012 Civil Term PLAINTIFF Amount Due $113,656.20 Interest May 23, 2007 to September 5, 2007 is $2,805.82 vs. Atty's Comm Costs Tracey Lee Milakovic ; and Kevin M. Milakovic DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) defendant(s) described in the attached exhibit. Date: Signatu Print NE Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 93337 w o O U wO? O w 0 0 a• 0 49 0 d y 0 a O I! ? t'-',Y F IPA co C4 I x a H z r ?" .. V N y M Y y \^{ y y ` y w CI- <) o.. U 4 L, d cd Wo ?d a? V V O L4 *tpr L n W C? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5012 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REO PROPERTIES CORPORATION, Plaintiff (s) From TRACEY LEE MILAKOVIC AND KEVIN M. MILAKOVIC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,656.20 Interest 5/23/07 TO 9/5/07 IS $2,805.82 Atty's Comm % Atty Paid $169.80 Plaintiff Paid Date: MAY 22, 2007 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Lepury REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 -i SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Tracey Lee Milakovic and Kevin M Milakovic DEFENDANTS NO: 05-5012-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 REO Properties Corporation, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 4727 East Trindle Road, Mechanicsburg, PA 17055. Name and address of Owners or Reputed Owners Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 2. Name and address of Defendants in the judgment: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: REO Properties Corporation 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 4. Name and address of the last recorded holder of every mortgage of record: REO Properties Corporation, Plaintiff 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 Citifinancial, Inc. 6520 Carlisle Pike, Ste. 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 4727 East Trindle Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. & KREISMAN, LLC.. R. Tabas, Esquire 05-23867 r? 1.?3,? r:?' .? F, _ ?, ....r.. „Ci 1 ' ,:T ..? ? ,? -?`+'J " +i ? .ji7 -1 ?? ,? ...? SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF vs. Tracey Lee Milakovic and Kevin M. Milakovic COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 05-5012-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 4727 East Trindle Road, Mechanicsburg, PA 17055 10-22-0527-075 is scheduled to be sold at Sheriffs Sale on September 5, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $113,656.20 obtained by REO Properties Corporation against you. 1. DEFENDANTS Your house (real estate) at: NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to REO Properties Corporation the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 05-23867 ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated September 5, 1968, as follows: BEGINNING at a point in the middle of Trindle Road (formerly known as Trindle Spring Road) at the Easterly line of property now or late of Everett L. Burr, et al; thence along said property North 26 degrees 30 minutes West 259.1 feet to an iron pipe in line of land now or late of Mary Keebaugh; thence along said land North 73 degrees 49 minutes 25 seconds East 66.12 feet to an iron pipe, a corner of property now or late of Charles W. Herbine; thence along the same South 26 degrees 30 minutes East 247.27 feet to a point in the middle of Trindle Road aforesaid; thence along the center there of South 63 degrees 30 minutes West 65 feet to the place of BEGINNING. HAVING THEREON ERECTED a One and One-Half story frame dwelling known as No. 4727 Trindle Road. BEING the same premises which Frances Lee Bennett, a single person, by Deed dated August 26, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 1, 1999 in Deed Book 206, Page 1130, granted and conveyed unto Kevin M. Milakovic and Tracy Lee Milakovic, his wife, as Tenants by the Entireties. r--.> c> _-? _? !'=' _ ? -Tl . w.? it (`J ?,' C,' f I't ?°- _:? •?. ? ? i SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF VS. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 05-5012-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 REO Properties Corporation, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 4727 East Trindle Road, Mechanicsburg, PA 17055. Name and address of Owners or Reputed Owners Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 2. Name and address of Defendants in the judgment: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: REO Properties Corporation 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 4. Name and address of the last recorded holder of every mortgage of record: REO Properties Corporation, Plaintiff 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 Citifinancial, Inc. 6520 Carlisle Pike, Ste. 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: Hampton Township 230 South Sporting Hill Road Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 4727 East Trindle Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. BY: 05-23867 . ?. ?n ? ? ? ? ? C? .- ..... ?. ?' ? _ , ? _ - ?.?::. ..? =-; ?; j i -\ 'r '"? 4 +. . ; ? J? r -?. ? 1 rr SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF VS. ; Tracey Lee Milakovic and Kevin M. Milakovic ; DEFENDANT(S) p' CIO COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 05-5012-CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Heather Whitman, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, REO Properties Corporation, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on June 18, 2007, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: ?? 0 - Heather Whitman Legal Assistant 05-23867 ?t N ? Vl n? TI ?T Ca A N N ro W ? O v T N ro ff G tU O ? ?1 N < Z c CAD •p -` 0 r o ? .a (p N N_ 3 3 N ro ? K f .p ro T K n N 7 I ro ro col 74 I °' N ? ? W CT w 4 J ?z b? o _o cr O C r • ? cn 4 "d `C c? 0 b ° O ?d N 9 Y w ?t u+ io, 1 f me. • ? ° N uwr? b q' S9.a n C A p I?1? ? Q1 y Q rmatia Handl Acted xCAw p'?w UDC V ?' •?. N M ? q ? 7 '?V C 'ta+. ??,oC C1 d V? (D 'D c<o 7 O lz? X. r m A n n. Z rn N c C1 N O N C v d aN? n m, m wo 0 m 2 Cl) 0000 ti m U? (_D w ?3?3?pp 14 %p N a m m ? a 3 .?. N d CD tG (D T fD m d Gryry V (D N ?, G t'? 4 C d . .17 TZ??.O a"C nx va=? ?m CL_ ry to -' D x m o<i N < y ? c m co CL _ o ON ?a m T Q f0 ? cD T N rn n T (n T ? ?o T to it'1 ?'r? tt'3 ? N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Zie ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which REO PRoperties Core is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 22nd day of May, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 5012, at the suit of REO PRoperties Corp against Tracey Lee Milakovic & Kevin M is duly recorded as Instrument Number 200736402. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /q day of A.D. ` cumbe?andY , PA U Recorder of Deeds y Conveiaion 80" the First Mwfty of jM. 2010 REO Properties Corporation In The Court of Common Pleas of VS Cumberland County, Pennsylvania Tracey Lee Milakovic and Writ No. 2005-5012 Civil Term Kevin M. Milakovic William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2007 at 1940 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Tracey Lee Milakovic and Kevin M. Milakovic, by making known unto Kevin Milakovic, personally and adult in charge for Tracey Lee Milakovic, at 4727 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2007 at 1505 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Tracey Lee Milakovic and Kevin M. Milakovic located at 4727 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Tracey Lee Milakovic and Kevin M. Milakovic, by regular mail to their last known address of 4727 East Trindle Road, Mechanicsburg, PA 17055. These letters were mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Lauren R. Tabas, on behalf of REO Properties Corporation. It being the highest bid and best price received for the same, REO Properties Corporation of 1665 Palm Beach Lakes, Suite 105, West Palm Beach, FL 33401, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $967.50. Sheriffs Costs: Docketing $30.00 Poundage 18.94 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 324.80 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 967.50 swe R. Thomas Kline, Sheriff w ` BY Real Estate ergeant ally- y5.O'O ?620'J ; q ? 94, V ,G SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I. D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF vs. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 05-5012-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 REO Properties Corporation, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 4727 East Trindle Road, Mechanicsburg, PA 17055. 1. Name and address of Owners or Reputed Owners Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 2. Name and address of Defendants in the judgment: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: REO Properties Corporation 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 1r'" 4. Name and address of the last recorded holder of every mortgage of record: REO Properties Corporation, Plaintiff 1665 Palm Beach Lakes, Suite 105 West Palm Beach, FL 33401 Citifinancial, Inc. 6520 Carlisle Pike, Ste. 155 Mechanicsburg, PA 17055 Citifinancial, Inc. P.O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 4727 East Trindle Road Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. & KREISMAN, LI R. Tabas, Esquire 05-23867 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF VS. Tracey Lee Milakovic and Kevin M. Milakovic DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 05-5012-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tracey Lee Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Your house (real estate) at: 4727 East Trindle Road, Mechanicsburg, PA 17055 10-22-0527-075 is scheduled to be sold at Sheriffs Sale on September 5, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $113,656.20 obtained by REO Properties Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to REO Properties Corporation the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call. (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 05-23867 ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated September 5, 1968, as follows: BEGINNING at a point in the middle of Trindle Road (formerly known as Trindle Spring Road) at the Easterly line of property now or late of Everett L. Burr, et al; thence along said property North 26 degrees 30 minutes West 259.1 feet to an iron pipe in line of land now or late of Mary Keebaugh; thence along said land North 73 degrees 49 minutes 25 seconds East 66.12 feet to an iron pipe, a corner of property now or late of Charles W. Herbine; thence along the same South 26 degrees 30 minutes East 247.27 feet to a point in the middle of Trindle Road aforesaid; thence along the center there of South 63 degrees 30 minutes West 65 feet to the place of BEGINNING. HAVING THEREON ERECTED a One and One-Half story frame dwelling known as No. 4727 Trindle Road. BEING the same premises which Frances Lee Bennett, a single person, by Deed dated August 26, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 1, 1999 in Deed Book 206, Page 1130, granted and conveyed unto Kevin M. Milakovic and Tracy Lee Milakovic, his wife, as Tenants by the Entireties. 00 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 05-23867 REO Properties Corporation PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Tracey Lee Milakovic and Kevin M Milakovic DEFENDANTS NO: 05-5012-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kevin M. Milakovic 4727 East Trindle Road Mechanicsburg, PA 17050 Your house (real estate) at: 4727 East Trindle Road, Mechanicsburg, PA 17055 10-22-0527-075 is scheduled to be sold at Sheriffs Sale on September 5, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $113,656.20 obtained by REO Properties Corporation against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to REO Properties Corporation the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 05-23867 ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated September 5, 1968, as follows: BEGINNING at a point in the middle of Trindle Road (formerly known as Trindle Spring Road) at the Easterly line of property now or late of Everett L. Burr, et al; thence along said property North 26 degrees 30 minutes West 259.1 feet to an iron pipe in line of land now or late of Mary Keebaugh; thence along said land North 73 degrees 49 minutes 25 seconds East 66.12 feet to an iron pipe, a corner of property now or late of Charles W. Herbine; thence along the same South 26 degrees 30 minutes East 247.27 feet to a point in the middle of Trindle Road aforesaid; thence along the center there of South 63 degrees 30 minutes West 65 feet to the place of BEGINNING. HAVING THEREON ERECTED a One and One-Half story frame dwelling known as No. 4727 Trindle Road. BEING the same premises which Frances Lee Bennett, a single person, by Deed dated August 26, 1999 and recorded in the Cumberland County Recorder of Deeds Office on September 1, 1999 in Deed Book 206, Page 1130, granted and conveyed unto Kevin M. Milakovic and Tracy Lee Milakovic, his wife, as Tenants by the Entireties. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-5012 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REO PROPERTIES CORPORATION, Plaintiff (s) From TRACEY LEE MILAKOVIC AND KEVIN M. MILAKOVIC (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $113,656.20 Interest 5/23/07 TO 9/5/07 IS $2,805.82 Atty's Comm % Atty Paid $169.80 Plaintiff Paid Date: MAY 22, 2007 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 emar tam% O Real Estate Sale # 59 On June 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 4727 East Trindle Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 13, 2007 By: \ ?MA Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 20, July 27, and August 3, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. is Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this -__I _day of August, 2007 r2;ZA??t? d. Notary NOTARIAL SEAL DEBORAH A COLLINS NOM Pub#C CARLISLE BORO, CUMBERLAND COUNTY My Comm"On Explre8 Apr 28, 2010 REAL ESTATE SALE NO: 59 Writ No. 2005-5012 Civil REO Properties Corporation vs. Tracey Lee Milakovic and Kevin M. Milakovic Atty.: Lauren R. Tabas DESCRIPTION ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland Countv, Pennsylvania, bounded and described in accor- dance with a survey and plan thereof made by Ernest J. Walker, Profes- sional Engineer, dated September 5, 1968, as follows: BEGINNING at a point in the middle of Trindle Road (formerly known as Trindle Spring Road) at the Easterly line of property now or late of Everett L. Burr, et al; thence along said property North 26 degrees 30 minutes West 259.1 feet to an iron pipe in line of land now or late of Mary Keebaugh; thence along said land North 73 degrees 49 minutes 25 seconds East 66.12 feet to an iron pipe, a corner of property now or late of Charles W. Herbine; thence along the same South 26 degrees 30 minutes East 247.27 feet to a point in the middle of Trindle Road afore- said; thence along the center there of South 63 degrees 30 minutes West 65 feet to the place of BEGINNING. HAVING THEREON ERECTED a One and One-Half story frame dwelling known as No. 4727 Trindle Road. BEING the same premises which Frances Lee Bennett, a single person, by Deed dated August 26, 1999 and recorded in the Cumberland County Recorder of Deeds Office on Septem- ber 1, 1999 in Deed Book 206, Page 1130, granted and conveyed unto Kevin M. Milakovic and Tracy Lee Milakovic, his wife, as Tenants by the Entireties. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he not said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #59 Sworn to and subscribed before 1WW-K 01 k)P t?'? NatA W %-------?-_ WCMR"M !"42010 6 mbar. POMNOV&NO A$Soft bn of Wtafte TARY UBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PAOI waft % sob tie. so W of tile. 29054M2 CMT4Onn VS Ttracey I" Ulhleowic and Kevin AL iiiOADV(c Agty. LananR.Tubw ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in wcmxt mce with a survey and plan thereof made by Ernest J. Walker, Professional Enpom, dated September 5,1968, as follows: BEGINNING at a.point in the middle of Trindle Road (fmmedy known as Trindle Spring Road) at the Easterly line of property now or late of Everett L. Burt et al; thence along said property North 26 degrees 30 minutes West 259:1 feet to an iron pipe in line of land now or late of Mary Keebaugb; thence along said land North 73 degrees 49 minutes 25 seconds East 66.12 feet to an iron pipe, a comer of property now or late of Charles W. Herbine; thence along the same South 26 degrees 30 minutes East 24721 fed to a point in the middle of Tkmdle Road aforesaid; thence along the center there of South 63 degrees 30 minus West 65 feet to the place of BEGINNING. HAVING THEREON ERECTED a One and One-Half story frame dwelling known as No. 4727 Trir dle Road. BEING the same promises which Frances Lee Bennett, a single person, by Deed dated August 26, 1999 and recorded in the Cumberland County Recorder of Deeds Office on Sq*mber 1, 1999 in Deed Book 206, Page 1130, granted and conveyed unto Kevin M. Mlh&ovic and Tracy Lee Milatovic, his wife, as Tenants by the Entireties.