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HomeMy WebLinkAbout10-5940SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff4y?tr ?ti ?"?E+t?btr{?? Jody S Smith Chief Deputy Richard W Stewart Solicitor Deutsche Bank National Trust Company Case Number vs. 2010-5940 Richard L. Maurer (et al.) SHERIFF'S RETURN OF SERVICE 09/20/2010 02:26 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2010 at 1426 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Richard L. Maurer, by making known unto Dusty Maurer, Wife of defendant at 3228 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. H E BARRICK, DEPUTY--- 09/20/2010 02:26 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2010 at 1426 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dusty L. Maurer, by making known unto herself personally, at 3228 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct cop the same. a MI HAEL BAR RICK, DEPUTY SHERIFF COST: $53.00 September 22, 2010 ,11 0. 1-110- SO ANSWERS, SO RON R ANDERSON, SHERIFF !d; Goun4ySuite S[lanft. Te oosotf. In LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY 1AVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 C/O CARR[NGTON MORTGAGE SERVICES, LLC 1610 E. ST. ANDREW PLACE, #B150 SANTA ANA, CA 92705 vs. RICHARD L. MAURER DUSTY L. MAURER 3228 LISBURN ROAD MECHANWSBURG, PA 17055 FILED-OFFICF OF THE PROTHONOTARY 201o 1:10V 19 AM 10* 27 CUMBERLAND COUNTY PENNSY1_VA.NI11\ COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-5940 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RICHARD L. MAURER and DUSTY L. MAURER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $132,040.06 Interest 08/26/10 to 11/16/10 1.726.10 TOTAL $133,766.16 ] Hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. GRE R JAVARDIAN, ESQUIRE Attorr y f Plaintiff Damages are hereby assessed as indicated. DATE: ]4-1 -16 Pvll '# (j Led) P PROTHY ?PV0 vim} ?; 4 ? yag ed N?? s DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 Plaintiff V. RICHARD L. MAURER DUSTY L. MAURER Defendants TO: RICHARD L. MAURER DUSTY L. MAURER 3228 LISBURN ROAD In The Court of Common Pleas Cumberland County No. 10-5940 MECHANICSBURG, PA 17055 DATE OF NOTICE: 10/27/2010 NOTICE, RULE 237.1 IMPORTANT NOTICE 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 se forth against you. Unless you act within ten (10) days from the date of this notice, ajudgi-nent maybe 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Gregory Javardian, Esquire 1310 Industrial Boulevard 1't Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en coue o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o (lame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" i LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY. AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY CUMBERLAND COUNTY LOAN TRUST 2005-2 No.: 10-5940 vs. RICHARD L. MAURER DUSTY L. MAURER VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant(s), RICHARD L. MAURER and DUSTY L. MAURER, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, RICHARD L. MAURER, is over 18 years of age, and resides at 3228 LISBURN ROAD, MECHANICSBURG, PA 17055. (c) Defendant, DUSTY L. MAURER, is over 18 years of age, and resides at 3228 LISBURN ROAD, MECHANICSBURG, PA 17055. (d) Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of C/O CARRINGTON MORTGAGE SERVICES, LLC, 1610 E. ST. ANDREW PLACE, #B 150, SANTA ANA, CA 92705. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to tmsworn falsification to authorities. 4/ G Y JAVARDIAN, ESQUIRE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-5940 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff (s) From RICHARD L. MAURER and DUSTY L. MAURER (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 $133,766.16 L.L..50 Interest From 11/16/10 to Date of Sale at $21.98per diem Atty's Comm % Due Prothy $2.00 Atty Paid $185.50 Plaintiff Paid Other Costs Date: 2/25/11 (Seal) Da D. Buell, P thonotary By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 C/O CARRINGTON MORTGAGE SERVICES, LLC 1610 E. ST. ANDREW PLACE, #B150 SANTA ANA, CA 92705 vs. COURT OF COMMON PLEAS hJ -? in C-- rn CUMBERLAND COUNTY -°ca - r- =? rn m aa r+? No.: 10-5940 CIVIL TERM N AC7 ? ?n ' =C) N C ) m G, RICHARD L. MAURER DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 11/16/10 to Date of Sale @ $21.98 per diem $133,766.16 Subtotal (Costs to be added) 4a Li &0 Fd 0-11y 53.W C6fi 92,00 4.00 a- w *1515. 56 -ol a ?- GWORY JAV/ IAN, ESQUIRE h/torney for PI tiff I.D. #55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 66 Aue Co. ?SULL (1t- 1577 f*as57s9 Wh a? 1Z,;-; J,- sue ( ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road, which point is 264 feet in a southeasterly direction from Legislative Route No. 21093; thence along the center line of Lisburn Road, South 32° East, 113.8 feet to a point on line of lands now or formerly of Charles Crull; thence along same South 44° West, 372.4 feet to a point; thence North 46° West, 110 feet to a point; thence North 44" East, 401 feet to the place of beginning. BEING known as 3228 LISBURN ROAD, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES which Charles K. Harvey and Roseanne M. Harvey, his wife, by Deed dated March 16, 2005 and recorded March 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268, Page 285 granted and conveyed unto Richard L. Maurer and Dusty L. Maurer, his wife. PARCEL No. 13-10-0258-061 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY CUMBERLAND COUNTY LOAN TRUST 2005-2 No.: 10-5940 CIVIL TERM ?a + vs. -- -' -r4 - co RICHARD L. MAURER z? 1 fl- rn r- °D ma'r`" DUSTY L. MAURER Ln .Cca -o c:)-n AFFIDAVIT PURSUANT TO RULE 3129.1 Za ) ?'x N o Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of rceoation- was filed the following information concerning the real property located at 3228 LISBURN ROAD. MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or reputed Owner(s): Name RICHARD L. MAURER DUSTY L. MAURER Last Known Address (if address cannot be reasonably ascertained, please indicate) 3228 LISBURN ROAD MECHANICSBURG, PA 17055 3228 LISBURN ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: RICHARD L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. Bradley Farner 304A Hillcrest Drive New Cumberland, PA 17070 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 3228 LISBURN ROAD MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. G ORY J V AN, ESQUIRE orney for Plai f February 22, 2011 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 r s5 Z M 00 -* rn T N -< z = COURT OF COMMON PLEAS -n ' ,C© -0 1 83'x CUMBERLAND COUNTY _ - ' No.: 10-5940 CIVIL TERM vs. RICHARD L. MAURER DUSTY L. MAURER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD L. MAURER DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 Your house (real estate) at 3228 LISBURN ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at Sheriffs Sale on JUNE 1, 2011 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $133,766.16, obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2, 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2215) 942-9690. 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 also 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 on how to obtain an attorney.) s YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. 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 (215) 942-9690. 2. 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. 3. 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 Gregory Javardian, Esquire at (215) 942-9690. 4. 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. 5. You have the 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. 6. 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. This schedule will state who will be receiving that 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. 7. You may also have other rights and defenses, or ways of getting your home 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 i ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road, which point is 264 feet in a southeasterly direction from Legislative Route No. 21093; thence along the center line of Lisburn Road, South 32" East, 113.8 feet to a point on line of lands now or formerly of Charles Crull; thence along same South 44° West, 372.4 feet to a point; thence North 46° West, 110 feet to a point; thence North 44° East, 401 feet to the place of beginning. BEING known as 3228 LISBURN ROAD, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES which Charles K. Harvey and Roseanne M. Harvey, his wife, by Deed dated March 16, 2005 and recorded March 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268, Page 285 granted and conveyed unto Richard L. Maurer and Dusty L. Maurer, his wife. PARCEL No. 13-10-0258-061 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 vs. RICHARD L. MAURER DUSTY L. MAURER COURT OF COMMON PLEAS c ° G7 --s " CUMBERLAND COUNTY MM E m MCI No.: 10-5940 CIVIL TERM D? zo a• 3 XFS y? ?? Crm -< - ?a AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' cert ified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A") Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau I Courthouse Square Carlisle, PA 17013-3387 Tenants/Occupants 3228 LISBURN ROAD MECHANICSBURG, PA 17055 RICHARD L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 . PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Bradley Farner 304A Hillcrest Drive New Cumberland, PA 17070 l Dated: 11 GR O JAVA IAN, ESQUIRE Attorney for Plaintiff o ?z I wmy (M) rri N N Zs mm Co N a 1 N Aid A a Z m "I Nf C) 3 ? 7?•? ? M m m to CD - s 0 Z CL ,,. m n 19 a 42 C C3* n =. O m N°' C g o C3 0 v ? go' C (0) mr? ?m2 N I N Z ir n m-4 Z ?-' m m cr z n O am Q C3 o a ?Jj H?v?7 L- 03 ru w 9) z z ?D M c mm? ? rn_ 2 ai T N In N z a co m?Z ?L-' -n M m CL -13 0 m 9 0 a S 0 c 0` to x O O ni RJ L-j sou / ni w a Ct]NC C) 00 C*) z c: 4 ztzCr ?C tzz[ bd? a J 0 8 4N(!. 00 z C °apo 0 No ljnz a zo zCA rA C ;v C)O a YC J 0 LA LA s ?? 3 m a a a cr .?? ro MEMMM? 0 ??. CC) r9 RJ rq 0 0 MEMO= S E' co 0 g` 0 e c" Z r0 Q' N? ? c ? a? P4 ? W w , a C) 0 J_ W ?¢? Wo? JU z ¢z= CID fax C/) 00 U m ? C14 N ¢ a AMA r- 0 ? Z W e ci w a d U a m m g'?p? ?r•QC,i p F _ 7 ®rPITNEY BOWES 021M $01.150 000 1 MAR07 2011 M k ODE 18966 10 ? - i i .E Eo s LL- s Q U LL rY, ?m r - U3 E FF LL Ln to n' to N d 1 09 0 0 cn z d a P4 N ? Nq. .•y Q p c .rj co }4 p cd ?+ LL co O `- c° CY) 0 'No } w 1~ m (V + - LL G - -- -- '? P't d U m ?C ?J Frti? f. SS ,? ?vj h N > . U / O C m E m c ? r y .. ;m > d v Q N T j Q V 2 L a m m y c W a' c L 2U (/1 = W? m IL z ro o 42 0 p mm ?m fny m m" ? u rn m p c y a O c 1p ell Ln 111 - d c mo U M O O CL O Y-1 M - ? m o ;1 o 4 a a a a q 8 F. c m m m m Y( H co ?a O W } ? > m 0 ' Q m El ? El ? C/] r Aa D (14 ?4 G Y4 O C> W s/) P ) U) W m m -i 1 1 ? ' J f12 H H W o F--I U) t y 4 r r - t ° N x 'ri r. ? ?? a rai ?i U m m v O (15 do T yrr H E Z W m-) rti N c V ?D CV W N ' O m m x d U ( O W . U= U r I U E+ (Y) LY M (? W M ? ? ? ? ? U L - U o a 8m ro a " 0 0 E? z> a`> G o m c m _ (n --- 1 m 6 N ? - m v m .8 LL c G. v, l ? ?m m C.J a Z L to m 3 Z ?- N CM .4 In (D h oo ° m O Y Q. F? a M m CL E V N 0 a 0 0 CV 7 ov- M co a -j or u February 22, 2011 TO: OWNER(S): PLAINTIFF/SELLER DEFENDANT(S): PROPERTY: CUMBERLAND C.C.P. NO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL PARTIES IN INTEREST AND CLAIMANTS RICHARD L. MAURER and DUSTY L. MAURER DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 RICHARD L. MAURER and DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 10-5940 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on JUNE 1, 2011 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which maybe extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, reg?Javardi , Esquire Law Offices of Gregory Javardian 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?o?yttir al 4arfr?Gcr?rn? OFF, t°f u o T c`if 6 OCT -•J PM 4S 1'LV, N' ip" Deutsche Bank National Trust Company I Case Number vs. 2010-5940 Richard L. Maurer (et al.) SHERIFF'S RETURN OF SERVICE 03/18/2011 07:49 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 3228 Lisburn Road, Mechanicsburg, PA 17055, Cumberland County. 03/18/2011 07:49 PM - Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Richard L. Maurer at 3228 Lisburn Road, Lower Allen Township, Mechanicsburg, PA 17055, Cumberland County. 03/18/2011 07:49 PM - Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be RICHARD MAURER- HUSBAND, who accepted as "Adult Person in Charge" for Dusty L. Maurer at 3228 Lisburn Road, Lower Allen Township, Mechanicsburg, PA 17055, Cumberland County. 06/01/2011 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/7/2011 09/0112011 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 10/04/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $741.36 October 04, 2011 SO ANSWERS, ? z ? ?a, ??, - RON R ANDERSON, SHERIFF SV &I /d - 401 53 )iy 0 C S-.e- // On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 3228 Lisburn Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-5940 Civil Deutsche Bank National Trust Company vs. Richard L. Maurer Dusty L. Maurer Atty.: Gregory Javardian ALL THAT CERTAIN tract or par- cel of land with the buildings and improvements thereon erected, situ- ate in Lower Allen Township, Cum- berland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road, which point is 264 feet in a southeasterly direction from Legislative Route No. 21093; thence along the center line of Lisburn Road, South 32° East, 113.8 feet to a point on line of lands now or formerly of Charles Crull; thence along same South 44° West, 372.4 feet to a point; thence North 46° West, 110 feet to a point; thence North 44° East, 401 feet to the place of beginning. BEING known as 3228 LISBURN ROAD, MECHANICSBURG, PA 17055. BEING THE SAME PREMISES which Charles K. Harvey and Rose- anne M. Harvey, his wife, by Deed dated March 16, 2005 and recorded March 23, 2005 in the Office of the Recorder of Deeds in and for Cum- berland County in Deed Book 268, Page 285 granted and conveyed unto Richard L. Maurer and Dusty L. Maurer, his wife. PARCEL No. 13-10-0258-061. 52 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: April 22, April 29, and May 6, 2011 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. U Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 Notary OTARIAL SEAL ORAH A COLLINS Notary Public UGH, CUMBERLAND COUNTY FCARLISLE 2014 ion Expires Apr 28, The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr1*ot*#Xews Now you know CARLISLE PA 17013 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of ThE? Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor 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 she has personal knowledge of the facets 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 This ad ran on the date(s) shown below: 04/22111 04/29/11 05/06/11 i Sworn to aid subscribed beford me this 23 day of May, .1011 A.D Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie ?. Kfsner, Notary Publl. Lower Paxxon Twp., Dauphin County MY Commission F)Ires Nov. 26, 2011 J I Member, Pennwtvanla Assodartlon of Notarle5 2010.5940 Chill Tenn Deutsche Beft National Trust company vs Richard L. Maurer Dusty L. Maurer Atty: Gregory Javardlan ALL THAT CERTAIN tract of parcel of land with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly hounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road, which point is 264 feet in a southeasterly direction from Legislative Route No. 21093; thence along the center he of Lisburn Road, South 324 East, 113.8 feet to a point on line of lands now or formerly of Charles Crull; thence along same South 444 West, 372,4 feet to a point; thence North 464 West, 110 feet to a point; thence North 44- East, 401 feet to the place of beginning. BEING known as 3228 LISBURN ROAD, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES which Charles K Harvey and Roseanne M. Harvey, his wife, by Deed dated March 16, 2005 and recorded March 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268, Page 285 granted and conveyed unto Richard L. Maure; and Dusty L. Maurer, his wife. PARCEL No. 13-10-0258-061 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-5940 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 C/O CARRINGTON MORTGAGE SERVICES, LLC Plaintiff (s) From RICHARD L. MAURER, DUSTY L. MAURER (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: $133,766.16 L.L.: Interest FROM 11/16/10 TO DATE OF SALE @ $21.98 PER DIEM Atty's Comm: % Due Prothy: $2.25 Atty Paid: $952.86 Other Costs: Plaintiff Paid: Date: 4/4/12 David D. Buell, Prothonotary (Seal) P ?? ua'z-?- Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: LAW OFFICES OF GREGORY JAVARDIAN 1310 INDUSTRIAL BLVD., 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 18966 . , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 C/O CARRINGTON MORTGAGE SERVICES, LLC, 1610 E. ST. ANDREW PLACE, #B150 SANTA ANA, CA 92705 vs. RICHARD L. MAURER DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 MORTGAGE FORECLOSURE j7j ` CT HJ'TDTjA 2C!? APR --4 AN 10: {0 CUMBERLAND COUNT',,' COURT OF COMMON PLEASN$YLVANfA CUMBERLAND COUNTY No.: 10-5940 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 11/16/10 to Date of Sale @ $21.98 per diem Subtotal (Costs to be added) d oat VA ?, Sly 53, o0 141. 3!0 ?? ?? 9P. csc u" I Lt. DO Ito $133,766.16 - 60 Gre ry Javardian quire Id. No. 55669 Mary F. Kennedy, squire Id. No. 77149 DMeghan K. Boyle, Esquire Id. No. 201661 El Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 a.as mod. OU -V& 7 12- At d -7:9.31 1+ 0? ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road, which point is 264 feet in a southeasterly direction from Legislative Route No. 21093; thence along the center line of Lisburn Road, South 32° East, 113.8 feet to a point on line of lands now or formerly of Charles Crull; thence along same South 44° West, 372.4 feet to a point; thence North 46° West, 110 feet to a point; thence North 44° East, 401 feet to the place of beginning. BEING known as 3228 LISBURN ROAD, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES which Charles K. Harvey and Roseanne M. Harvey, his wife, by Deed dated March 16, 2005 and recorded March 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268, Page 285 granted and conveyed unto Richard L. Maurer and Dusty L. Maurer, his wife. PARCEL No. 13-10-0258-061 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 vs. RICHARD L. MAURER DUSTY L. MAURER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-5940 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 `i PROTHOt4 0 TEi. F, JIZ APR -4 AIN ro: "'],MBERLAND COUNTY PEMSYLVANIA 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 3228 LISBURN ROAD, MECHANICSBURG, PA 17055: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICHARD L. MAURER DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 3228 LISBURN ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: RICHARD L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. Bradley Farrier 304A Hillcrest Drive New Cumberland, PA 17070 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 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: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 3228 LISBURN ROAD MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Gr ory Javardia , squire Id. No. 55669 Mary F. Kenned , Esquire Id. No. 77149 :1 Meghan K. Boyle, Esquire Id. No. 201661 :]Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff February 29, 2012 LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2 vs. RICHARD L. MAURER DUSTY L. MAURER 1,J 1, 20112 A? -4, fP°f, 10: 11 f'UMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-5940 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RICHARD L. MAURER DUSTY L. MAURER 3228 LISBURN ROAD MECHANICSBURG, PA 17055 Your house (real estate) at 3228 LISBURN ROAD MECHANICSBURG PA 17055, is scheduled to be sold at Sheriffs Sale on September 5, 2012 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $133,766.16, obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2, 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2? 15) 942-9690. 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 also 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 on 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. 1. 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 (215 942-9690. 2. 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. 3. 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 Law Offices of Gregory Javardian at (215) 942-9690. 4. 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. 5. You have the 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. 6. 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. This schedule will state who will be receiving that 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. 7. You may also have other rights and defenses, or ways of getting your home 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 I ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected, situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the center line of Lisburn Road, which point is 264 feet in a southeasterly direction from Legislative Route No. 21093; thence along the center line of Lisburn Road, South 32° East, 113.8 feet to a point on line of lands now or formerly of Charles Crull; thence along same South 44° West, 372.4 feet to a point; thence North 46° West, 110 feet to a point; thence North 44° East, 401 feet to the place of beginning. BEING known as 3228 LISBURN ROAD, MECHANICSBURG, PA 17055 BEING THE SAME PREMISES which Charles K. Harvey and Roseanne M. Harvey, his wife, by Deed dated March 16, 2005 and recorded March 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268, Page 285 granted and conveyed unto Richard L. Maurer and Dusty L. Maurer, his wife. PARCEL No., 13-10-0258-061