STATE OF MAINE DISTRICT COURT
PENOBSCOT, ss: LOCATION: Bangor
DOCKET NO. BANDC-SA-2015-700
VARNEY'S CHEVROLET, INC., )
)
Judgment Creditor, ) AMENDED ORDER FOR SERVICE
) OF JUDGMENT DEBTOR
v. ) BY ALTERNATIVE MEANS
) (M.R.Civ.P. 4(g))
CALEB C. SAVOY, )
)
Judgment Debtor. )
This Court has reviewed the Motion of the Judgment Creditor to Serve Judgement Debtor by Publication filed on August 8, 2016. An Order granting Judgment Creditor's Motion was issued by this Court on August 10, 2016. On September 13, 2016, Judgment Creditor filed a Motion to Amend, pursuant to M.R. Civ. P. 60(a), the August 10, 2016 Order, citing mistaken omission from the original Order of content required by M.R. Civ. P. 4(g)(2).
Upon consideration of the Judgment Creditor's Motion to Amend, the Motion is hereby GRANTED and the following Amended Order is hereby issued for the purpose of correcting inadvertent omissions in the August 10, 2016 Order, and to promote effective service by alternative means consistent with M.R. Civ. P. 4(g), as outlined below:
The type of action is a Motion for Contempt/Contempt Hearing.
Property or credits of the Judgment Debtor, as described in M.R. Civ. P. 4(f) will not be affected.
The name and address of Judgment Creditor's attorney is: Amy K. Olfene, Esq., 84 Marginal Way, Suite 600, Portland, Maine 04101.
The name and address of the Judgment Debtor is: Caleb C. Savoy, 242 Davis Road, Bangor, Maine 04401.
The Judgment Creditor has demonstrated:
1. Due diligence in attempting to obtain personal service of process prescribed by M.R. Civ. P. 4, including attempting service by sheriff in accordance with M.R. Civ. P. 4(c)(2).
2. The address of the Judgment Debtor is known, but it appears Judgment Debtor is evading process.
3. The requested method of service is reasonably calculated to provide actual notice of the pendency of the action to Judgment Debtor, the party to he served, and is the most practical manner of effecting notice of the Motion for Contempt and the schedule Contempt Hearing.
It is therefore ORDERED that service be made upon Judgment Debtor by:
Publishing a copy of this Order once a week for three (3) consecutive weeks in the Bangor Daily News, a newspaper of general circulation in the county and municipality most reasonably calculated to provide actual notice to the Judgment Debtor of the pendency of the action AND by mailing a copy of this Order as published to Judgment Debtor at his last known mailing address. In accordance with M.R. Civ. P. 4(g)(3), service is hereby complete on the twenty-first (21st) day after the first service.
Adequate safeguards shall he used to assure that service by alternate means can be authenticated and will be received intact, with all relevant documents and information, including the filing of an affidavit of Judgment Creditor's counsel confirming for this Court that service by alternative means has been completed in accordance with this M.R. Civ. P. 4 and this Order.
It is FURTHER ORDERED that Judgment Debtor appear and attend the Contempt Hearing scheduled for Thursday, November 3, 2016 at 1:OOPM, at the Bangor District Court located at 78 Exchange Street, Bangor, Maine 04401.
Failure of the Judgment Debtor to appear at the contempt Hearing will cause judgment by default to be entered and the grant of relief sought in the Judgment Creditor's Motion, including, but not limited to, sanctions as provided pursuant M.R. Civ. P. 66(d).
Dated: September 28, 2016
s/s Patrick C. Larson
Judge, District Court
A TRUE COPY
ATTEST: Penny Reckards
CLERK
Oct. 6, 13, 20, 2016
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