STATE OF MAINE
LINCOLN, SS.
MAINE DISTRICT COURT
LOCATION: WISCASSET
CIVIL ACTION
DOCKET NO: RE-17-0006
Colonial Savings, F.A., duly
organized and existing under the
laws of the State of Texas, having a place of business in Fort Worth, Texas,
Plaintiff
v.
ORDER FOR SERVICE BY
PUBLICATION
Larry W. Smith,
of Waldoboro, Lincoln County, Maine,
Defendant
And
Kimberly Reynolds,
Of Waldoboro, Maine,
Party-In-Interest
TITLE TO REAL ESTATE IS INVOLVED
THIS cause comes to be heard on the Motion for Service by Publication of the Plaintiff’s attorney, Jonathan M. Flagg, Esquire, whose office is at 93 Middle Street, Portsmouth, New Hampshire, for Service by Publication upon the Party-In-Interest, Kimberly Reynolds, of a Complaint for Foreclosure by Civil Action and states as follows:
This action is based on a Note and Mortgage to Colonial Savings, F.A. dated December 7, 2012 in the amount of $80,600.00 and executed by the Defendants. Said Mortgage was recorded with the Lincoln County Registry of Deeds at Book 4605, Page 265, and secures the property described in said mortgage.
The Defendant, Larry W. Smith is presently in default on said Note and Mortgage. The Plaintiff, Colonial Savings, F.A. has filed a Complaint for Foreclosure by Civil Action against the Defendant, Larry W. Smith, in the Wiscasset District Court.
This Court finds that the address of the Party-In-Interest, Kimberly Reynolds unknown and cannot be ascertained by reasonable diligence, and that the Party-In-Interest, Kimberly Reynolds cannot with due diligence be served by any other prescribed method.
The Plaintiff, Colonial Savings, F.A. has begun a lawsuit against the Party-In-Interest in the District Court, which holds sessions at Wiscasset, in Lincoln County. If the Party-In-Interest wishes to oppose this lawsuit, the Party-In-Interest or the Party-In-Interest’s attorney must prepare and serve a written Answer to the Complaint within 41 days from the date this Order For Service By Publication was first published in the Lincoln County News. The Party-In-Interest or the Party-In-Interest’s attorney must serve the Party-In-Interest’s Answer, by delivering a copy of it in person or by mail to the Plaintiff’s attorney, whose name and address is as follows: Jonathan M. Flagg, Esquire, FLAGG LAW, PLLC, 93 Middle Street, Portsmouth, N.H. 03801. The Party-In-Interest or the Party-In-Interest’s attorney must also file the original of the Party-In-Interest’s Answer by mailing it to the following address: Clerk of the District Court, 32 High Street, Wiscasset, Maine 04578-0249 before, or within a reasonable time after, it is served.
IMPORTANT WARNING
IF THE PARTY-IN-INTEREST FAILS TO SERVE AN ANSWER WITHIN THE TIME STATED ABOVE, OR IF, AFTER THE PARTY-IN-INTEREST ANSWERS, THE PARTY-IN-INTEREST FAILS TO APPEAR AT ANY TIME THE COURT NOTIFIES THE PARTY-IN-INTEREST TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST THE PARTY-IN-INTEREST IN THE PARTY-IN-INTEREST’S ABSENCE FOR THE MONEY DAMAGES OR OTHER RELIEF DEMANDED IN THE COMPLAINT. IF THIS OCCURS, THE DEFENDANT(S) EMPLOYER MAY BE ORDERED TO PAY PART OF THE DEFENDANT(S) WAGES TO THE PLAINTIFF OR THE DEFENDANT(S) PERSONAL PROPERTY, INCLUDING BANK ACCOUNTS, AND THE DEFENDANT(S) REAL ESTATE MAY BE TAKEN TO SATISFY THE JUDGMENT. IF THE /PARTY-IN-INTEREST INTENDS TO OPPOSE THIS LAWSUIT, DO NOT FAIL TO ANSWER WITHIN THE REQUIRED TIME.
If the Party-In-Interest believes the Plaintiff is not entitled to all or part of the claim set forth in the Complaint or if the Party-In-Interest believes the Party-In-Interest has a claim of their own against the Plaintiff, the Party-In-Interest should talk to a lawyer. If the Party-In-Interest feels they cannot afford to pay a fee to a lawyer, the Party-In-Interest may ask a Clerk of the District Court for information as to places where the Party-In-Interest may seek legal assistance.
The time for Plaintiff to complete service is extended to 30 days from completion of publications set forth below.
It is hereby ORDERED that this Order be published in the Lincoln County News, a weekly newspaper published in Waldoboro, Lincoln County, Maine, once a week for three successive weeks, within 90 days of this Order.
Dated at Wiscasset, Maine February 6, 2019.
Barbara Raimondi
Judge, District Court
7-9
