STATE OF MAINE
DOCKET NO. RE-17-77
BANK OF AMERICA, N.A.
ORDER ON PLAINTIFF’S
MOTION FOR SERVICE BY
KATE E. EDGECOMB A/K/A KATE E. WING
EDGECOMB AND MARTIN H. EDGECOMB
TITLE TO REAL ESTATE
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 Martin H. Edgecomb, 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 Martin H. Edgecomb, by publishing a copy of this Order once a week for three (3) successive weeks in the Lincoln County News which is a newspaper of general circulation in the Town of Edgecomb, County of Lincoln, Maine. 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 43 Winter Street, Auburn, ME, and described in such Mortgage Deed as recorded in Book 7261 at Page 237 in the Androscoggin County Registry of Deeds, Auburn, Maine.
After due diligence, Plaintiff, Bank of America, N.A., with a place of business at 3043 Townsgate Road, Suite 200, Westlake Village, CA 91361, has been unable to make personal service of plaintiffs Summons and Complaint, Title to Estate Involved, on defendant Martin H. Edgecomb. 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 Martin H. Edgecomb by publishing a copy of this Order once a week for three (3) successive weeks in the Lincoln County News, a newspaper of general circulation in Lincoln County and by mailing a this Order as published to the Defendant at 45 Route 1 Unit A-2, Edgecomb, Maine, the last known address of Defendant Martin H. Edgecomb. This method and manner of service is reasonable calculated to provide actual notice of the pendency of the action to defendant Martin H. Edgecomb.
IT IS FURTHER ORDERED that the Defendant Martin H. Edgecomb, 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 the answer to the following address: Clerk of District, 71 Lisbon Street, PO Box 1345, Lewiston, Maine 04240, within forty-one (41) days after the first publication of this Order.
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 PEROPERTY, INCLDUING BANK ACCOUNTS AND YOUR REAL ESTATE, MAY BE TAKEN TO SATISFY THE JUDGMENT. IF YOU INTED TO OPPOSE THIS LAWSUITE, 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 afforest to pay a fee to a lawyer, you may ask the clerk of court for information as to places where you may seek legal assistance.
The clerk shall enter the following on the docket: The ORDER dated September 2017, 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.
John B. Beliveau