STATE OF MAINE
LINCOLN, ss.
DISTRICT COURT
LOCATION: Wiscasset
DOCKET NO. RE-17-51
DEUTSCHE BANK TRUST COMPANY
AMERICAS, AS TRUSTEE FOR
RESIDENTIAL ACCREDIT LOANS, INC.,
MORTGAGE ASSET-BACKED PASS-
THROUGH CERTIFICATES, SERIES 2004-QS16
PLAINTIFF
v.
STEPHEN P. RICE
DEFENDANT
and
THE FIRST, N.A. AND STATE OF MAINE-
MAINE REVENUE SERVICES
PARTIES IN INTEREST
ORDER ON PLAINTIFF’S
MOTION FOR SERVICE BY
PUBLICATION
TITLE TO REAL ESTATE
IS INVOLVED
Before the Court is the Motion of Plaintiffs 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 Stephen P. Rice, 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 Stephen P. Rice, 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.
Plaintiffs Motion is GRANTED.
This is an action for the foreclosure of a mortgage on real property and may affect real property of the Defendant located at, 322 Bayview Road, Nobleboro, ME 04555, and described
in such Mortgage Deed as recorded in Book 3392 at Page 5 in the Lincoln County Registry of Deeds, Nobleboro, Maine.
After due diligence, Plaintiff Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2004-QS16, has been unable to make personal service of Plaintiffs Summons and Complaint, Title to Estate Involved, on Defendant Stephen P. Rice. 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 Stephen P. Rice 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 copy of this Order as published to the Defendant at 322 Bayview Road, Nobleboro, ME 04555, the last known address of Defendant Stephen P. Rice. This method and manner of service is reasonably calculated to provide actual notice of the pendency of the action to defendant Stephen P. Rice.
IT IS FURTHER ORDERED that the Defendant Stephen P. Rice, 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: 32 High Street, Wiscasset, Maine, 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, Lincoln County Courts for information as to places where you may seek legal assistance.
The clerk shall enter the following on the docket: The ORDER dated September 18, 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: 9/18/18
Barbara Raimondi
Judge
40-42
