STATE OF MAINE SUPERIOR COURT
PENOBSCOT, SS. CIVIL ACTION
DOCKET NO. RE-16-41
ORDER GRANTING PLAINTIFF'S MOTION TO SERVE DEFENDANT BY PUBLICATION
Title to Real Estate is Involved
TD BANK, N.A. f/k/a Banknorth, N.A.,
Plaintiff,
v.
ROBERT SOUPPA, ELIZABETH SOUPPA, and DAVID SOUPPA
Defendants.
Title to 729 Greenfield Road, Greenbush, Maine 04467 is involved
Mortgage recorded in the Penobscot County Registry of Deeds at Book 9108, Page 112.
The Court having before it Plaintiff's April 10, 2017 Motion to Serve Defendant by Publication, and Incorporated Memorandum of Law, for good cause shown, the Court finds that Plaintiff has commenced a civil action to foreclosure on real property located at 729 Greenfield Road, Greenbush, Maine (the "Property"), by filing its Complaint for Foreclosure by Civil action on April 19, 2016 (the "Action"); that the Action may or will affect the interest of Defendant David Souppa ("Defendant"), in said Property; that Plaintiff has demonstrated due diligence in attempting to obtain personal, in-hand service of process of Defendant as prescribed by M.R. Civ. P. 4; that the location of Defendant cannot be ascertained; and that service by publication of this order (the "Order") in the Bangor Daily News as well as mailing copies of this Order, the Complaint, Summons, Response to Complaint and Request for Mediation, Tenant Information Request Form, and blank financial questionnaires (collectively, the "Service Documents") to the Property is reasonably calculated to provide actual notice of the pendency of the Action to the Defendant and is the most practical manner of effecting notice of the suit.
It is therefore ORDERED, DECREED, and ADJUDGED that Plaintiff has satisfied the requirements of M.R. Civ. P. 4(g)(1)(A)-(C) and that Plaintiff may effect service upon Defendant, David Souppa, by publishing this Order containing the Summons, once a week for three (3) successive weeks in the Bangor Daily News, a newspaper of general circulation in Penobscot County, Maine and by mailing a copy of the Order to 729 Greenfield Road, Greenbush, Maine.
It is further ORDERED, DECREED, and ADJUDGED that Plaintiff's deadline to file the return of service pursuant to M.R. Civ. P. 4(g)(1)(C)(3) for David Souppa shall be extended from May 8, 2017 until 60 days from the date of this Order to allow time for publication.
SUMMONS TO DEFENDANT DAVID SOUPPA
Plaintiff has commenced a lawsuit against you in the Penobscot Superior Court, Docket No. RE-16-41, located at 78 Exchange Street, in the City of Bangor, County of Penobscot, and State of Maine that affects your interest in the real property located at 729 Greenfield Road, Greenbush, Maine. If you wish to oppose this lawsuit, you or your attorney MUST PREPARE AND SERVE A WRITTEN ANSWER to the complaint within FORTY-ONE (41) days from the date you were served with the Complaint. You or your attorney must serve your Answer by delivering a copy of it in person or by mail to Plaintiff's attorney or to Plaintiff. You or your attorney must also file the original of your Answer with the Court by mailing it to 78 Exchange Street, Bangor, Maine 04401 before, or within a reasonable time after, it is served.
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 MAY BE ENTERED AGAINST YOU AND A FORECLOSURE AND SALE OF THE PROPERTY LOCATED AT 729 GREENFIELD ROAD, GREENBUSH, MAINE MAY OCCUR. IF YOU INTEND TO OPPOSE THIS LAWSUIT DO NOT FAIL TO ANSWER WITHIN THE REQUIRED TIME.
If you believe Plaintiff is not entitled to foreclosure of the property and/or to other relief sought 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 afford to pay a fee to a lawyer, you may ask the Penobscot Clerk of Court for information as to places you may seek legal assistance.
Date: 5/18/17 /s/ Justice Ann Murray
Justice, Superior Court
June 2, 9, 16, 2017
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