Details for State of Vermont Summons and Order of Publication to Albert R Fleming aka Albert Fleming Docket No 12 1 19 Lecv

Updated

SUPERIOR COURT
LAMOILLE UNIT

STATE OF VERMONT

CIVIL DIVISION
DOCKET NO: 12-1-19 Lecv

BAR HARBOR BANK & TRUST,
Successor in Interest by Merger to
Lake Sunapee Bank, fsb,
Successor in Interest by Merger to
Randolph National Bank,
Plaintiff
vs.

FILED
MAY 23 2019
VERMONT SUPERIOR COURT
LAMOILLE UNIT

ALBERT R. FLEMING a/k/a ALBERT FLEMING;
JENNIFER L. FLEMING a/k/a JENNIFER FLEMING
a/k/a JENNIFER L. GREEN;
AND All UNNAMED OCCUPANTS RESIDING AT
212 BELANGER LANE, WOLCOTT, VERMONT,
Defendants

SUMMONS AND ORDER OF PUBLICATION

THIS SUMMONS IS DIRECTED TO
ALBERT R. FLEMING A/K/A ALBERT FLEMING:

1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. A copy of
the Plaintiff’ Complaint against you is on file and may be obtained at the office of the
clerk of this court, Lamoille County Court House, Hyde Park, Vermont. Do not throw
this paper away. It is an official paper that affects your rights.
2. PLAINTIFF’S CLAIM: This action requests an in rem mortgage foreclosure of a
property located at 212 Belanger Lane, Wolcott, Vermont, 05680, and a money judgment if the Mortgaged Property is insufficient to pay in full all of the indebtedness due
to Plaintiff under the Note and Mortgage.
3. YOU MUST REPLY WITHIN 42 DAYS TO PROTECT YOUR RIGHTS. You must give
or mail the Plaintiff a written response called an Answer within 42 days after the date
on which this Summons was first published, which is June 6, 2019. You must send a
copy of your Answer to the Plaintiff or Plaintiff’s attorney located at Ryan Smith & Carbine, Ltd. 98 Merchants Row, P.O. Box 310, Rutland, Vermont 05702-0310. You must
also give or mail your Answer to the Court located at: Vermont Superior Court, Lamoille
Civil Unit, PO Box 570, Hyde Park, VT 05655.
4. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response
to the Town’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Town should not be
given everything asked for in the Complaint, you must say so in your Answer.
5. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER
TO THE COURT. If you do not Answer within 42 days after the date on which this
Summons was first published and file it with the Court, you will lose this case. You
will not get to tell your side of the story, and the Court may decide against you and
award the Town everything asked for in the Complaint.
6. YOU MUST MAKE ANY CLAIMS AGAINST THE TOWN IN YOUR REPLY. Your
Answer must state any related legal claims you have against the Town. Your claims
against the Town are called Counterclaims. If you do not make your Counterclaims
in writing in your Answer, you may not be able to bring them up at all. Even if you
have insurance and the insurance company will defend you, you must still file any
Counterclaims you may have.
7. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places
where you can get free legal help. Even if you cannot get legal help, you must still
give the Court a written Answer to protect your rights or you may lose the case.

ORDER

The affidavit filed in this action shows that service cannot be made with due diligence
by any of the method provided in Rule 4(d)-(f), (k), or (l) of the Vermont Rules of Civil
Procedure. Accordingly it is ORDERED that service of the summons set forth above
shall be made upon the defendant, Albert R. Fleming a/k/a Albert Fleming, by publication as provided in Rules 4(d)(1) and 4(g) of those Rules.
This order shall be published once a week for two (2) weeks at least seven (7) days
apart beginning on June 6, 2019, in News & Citizen, a newspaper of general circulation in Wolcott, Lamoille County, in the State of Vermont, and a copy of this summons and order shall be mailed to the defendant, Albert R. Fleming a/k/a Albert
Fleming, if an address is known.
Dated at Hyde Park, Vermont, this 23rd day of May, 2019.

Categories