STATE OF MAINE
PENOBSCOT, ss.
DISTRICT COURT
LOCATION: Millinocket
DOCKET NO. LINDC-RE-16-033
ORDER ON PLAINTIFF'S MOTION FOR SERVICE BY PUBLICATION
TITLE TO REAL ESTATE IS INVOLVED
THE BANK OF NEW YORK MELLON F/KJA THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-3
PLAINTIFF
v.
THE HEIRS OF THE ESTATE OF CHARLES G. WHITTIER
DEFENDANTS
Before the Court is the Motion of Plaintiff's 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 Defendant The Heirs of the Estate of Charles G. Whittier, named in a Summons and Complaint, Title to Real Estate Involved, now pending before this Honorable Court. M.R. Civ. P. 4 (g) (1). Plaintiff moves for service to be made on the Defendant The Heirs of the Estate of Charles G. Whittier, 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 Penobscot County.
Plaintiff's Motion is GRANTED.
This is an action for the foreclosure of a mortgage on real property and may affect real property of the Defendant(s) located at, 1090 Shin Pond Road, Mount Chase, ME 04765, and described in such Mortgage Deed as recorded in Book 9780 at Page 304 in the Penobscot Registry of Deeds, Mount Chase, Maine.
After due diligence, Plaintiff The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-3, has been unable to make personal service of Plaintiffs Summons and Complaint, Title to Estate Involved, on Defendant The Heirs of the Estate of Charles G. Whittier. 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 Defendant The Heirs of the Estate of Charles G. Whittier 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 Penobscot County and by mailing a copy of this Order as published to the Defendant at 1090 Shin Pond Road, Mount Chase, ME 04765, the last known address of Defendant The Heirs of the Estate of Charles G. Whittier. This method and manner of service is reasonably calculated to provide actual notice of the pendency of the action to defendant The Heirs of the Estate of Charles G. Whittier.
IT IS FURTHER ORDERED that the Defendant The Heirs of the Estate of Charles G. Whittier, 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 to the following address: Clerk of Court, Millinocket District Court, 52 Main Street, Lincoln, Maine 04457, 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 PROPERTY, INCLUDING BANK ACCOUNTS AND YOUR REAL ESTATE, MAY BE TAKEN TO SATISFY THE JUDGMENT. IF YOU INTEND TO OPPOSE THIS LAWSUIT, 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 afford to pay a fee to a lawyer, you may ask the Clerk of Court, Millinocket District Court, Penobscot County, for information as to places where you may seek legal assistance.
The clerk shall enter the following on the docket: The ORDER dated 6/19, 2018 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: 6/19/18
/s/ Kevin L. Stitham, Judge
July 24, 31, Aug. 7, 2018
↧