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