STATE OF MAINE WALDO, ss.
DISTRICT COURT LOCATION: Belfast DOCKET NO. CV-17-48
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-1
Plaintiff ORDER ON PLAINTIFF'S
v. MOTION FOR SERVICE BY
PUBLICATION
ASCELLA MORTGAGE, LLC
TITLE TO REAL ESTATE IS INVOLVED
Defendant
and
MARSHA A. COMITA, MARGUERITE WOITKO, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., MIDLAND FUNDING, LLC AND CITIBANK, N.A.
Parties in Interest
Before the Court is the motion of Plaintiffs attorney, Loraine L. Hite, Esq., of the law firm of Bendett & McHugh, PC, 270 Farmington Ave., Suite 151, Farmington, CT 06032 for an order allowing service by alternate means on the Parties in Interest, Marsha A. Comita and Marguerite Woitko, named in a Summons and Complaint For Declaratory Judgment, Title to Real Estate Is Involved, now pending before this Honorable Court. M.R. Civ. P. 4 (g) (1). Plaintiff moves for service to be made on the Parties in Interest, Marsha A. Comita and Marguerite Woitko, by publishing a copy of this Order once a week for three (3) successive weeks in the Bangor Daily News, a newspaper of general circulation in Waldo County. Plaintiffs Motion is granted.
This is an action for the foreclosure of a mortgage on real property and may affect real property of the Parties in Interest located at 22 Mount Ephraim Road, Searsport, ME 04974, and described in such Mortgage Deed as recorded in Book 3038 at Page 111 in the Waldo County Registry of Deeds, Belfast, Maine.
After due diligence, Plaintiff, Deutsche Bank National Trust Company, as Trustee for NovaStar Mortgage Funding Trust, Series 2007-1 NovaStar Home Equity Loan Asset-Backed Certificates, Series 2007-1, with a place of business at 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409, has been unable to make personal service of plaintiff's Summons and Complaint For Declaratory Judgment, Title to Real Estate Is Involved, on Parties in Interest, Marsha A. Comita and Marguerite Woitko. Plaintiff has met the requirements of Rule 4(g)(1)(A)-(C). M.R.Civ.P. 4(g)(1)(A)-(C); 4(g)(2).
IT IS ORDERED that service be made upon the Parties in Interest, Marsha A. Comita and Marguerite Woitko by publishing a copy of this Order once a week for three (3) successive weeks in the Bangor Daily News, a newspaper of general circulation in Waldo County and by mailing a copy of this Order as published to the Parties in Interest at 22 Mount Ephraim Road, Searsport, ME 04974, the last known address of Parties in Interest, Marsha A. Comita and Marguerite Woitko. This method and manner of service is reasonably calculated to provide actual notice of the pendency of the action to Parties in Interest, Marsha A. Comita and Marguerite Woitko.
IT IS FURTHER ORDERED that the Parties in Interest, Marsha A. Comita and Marguerite Woitko, being served by publication, appear and serve an answer to the motion or complaint on counsel for Plaintiff, Loraine L. Hite, Bendett & McHugh, PC, 270 Farmington Avenue, Suite 151, Farmington, CT 06032. The answer must be filed with the Court by mailing
the answer to the following address: Belfast District Court, 103 Church Street, Belfast, Maine 04915, within forty-one (41) days after the first publication of this Order.
IMPORTANT NOTICE
IF YOU FAIL TO SERVE AN ANSWER WITHIN THE TIME STATED ABOVE, OR IF, AFTER YOU ANSWER, YOU FAIL TO APPEAR AT ANY TIME THE COURT NOTIFIES YOU TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU IN YOUR ABSENCE FOR THE MONEY DAMAGES OR OTHER RELIEF DEMANDED IN THE COMPLAINT. IF THIS OCCURS, YOUR EMPLOYER MAY BE ORDERED TO PAY PART OF YOUR WAGES TO THE PLAINTIFF OR YOUR PERSONAL PEROPERTY, INCLDUING BANK ACCOUNTS AND YOUR REAL ESTATE, MAY BE TAKEN TO SATISFY THE JUDGMENT. IF YOU INTED TO OPPOSE THIS LAWSUITE, DO NOT FAIL TO ANSWER WITHIN THE REQUIRED TIME.
If you believe the plaintiff is not entitled to all or part of the claim set forth in the complaint or if you believe you have a claim of your own against plaintiff, you should talk to a lawyer. If you feel you cannot afforest to pay a fee to a lawyer, you may ask the clerk of court
for information as to places where you may seek legal assistance.
The clerk shall enter the following on the docket: The ORDER dated 10-16-17, is incorporated in the docket by reference. This entry is made in accordance with M.R. Civ. P. 79 (a) at the specific direction of the court.
Date: 10/16/17
Judge/Justice
Please Print Name:
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