STATE OF MAINE
KNOX, SS.
SUPERIOR COURT
Docket No. RE-19-4
FIRST NATIONAL BANK,
Plaintiff
v.
GARY WELLMAN,
CRYSTAL WELLMAN AND
JASON WELLMAN, HEIRS OF
HENRY J. WELLMAN, DECEASED
Defendant
ORDER ON PLAINTIFF’S MOTION FOR
ORDER AUTHORIZING SERVICE BY
ALTERNATE MEANS AND EXTENDING
TIME TO SERVE SUMMONS
AND COMPLAINT
Upon consideration of the Motion for Order Authorizing Service by Alternative Means and Extending Time to Serve Summons and Complaint filed by Plaintiff First National Bank, it is hereby found as follows:
1. This is an action brought by Plaintiff against Defendant Jason Wellman for judgment on a promissory note and to foreclose a mortgage lien on property owned by Harry J. Wellman, who died on October 25, 2017 (the “Decedent”), located at 66 N. Nelson Ridge Road, Washington, Maine (the “Property”), more particularly described in that certain Mortgage from Decedent to Plaintiff dated November 18, 2010, recorded at the Knox County Registry of Deeds in Book 4316, Page 145 (the “Mortgage”).
2. Plaintiff has established that service cannot be made upon Defendant Jason Wellman except as provided in this Order.
NOW, THEREFORE, IT IS HEREBY
ORDERED, that Plaintiff shall effect service as follows:
(i) Plaintiff shall have a Deputy Sheriff leave at 68 Turner Road, Bremen, Maine, a summons and copies of the complaint in this action, related pleadings and a copy of this Order; and
(ii) Plaintiff shall cause a copy of this Order be published once a week for three successive weeks in the Lincoln County News, a newspaper of general circulation in Lincoln County, Maine, the first publication to be made within thirty (30) days after the date of entry of this Order on the docket and service to complete on the twenty-first (21st) day after the first date of publication;
ORDERED, that if Defendant Jason Wellman wishes to oppose this lawsuit, he must prepare and file, or have his attorney prepare and file, a written answer to the Complaint within twenty (20) days after service is complete. Said answer must be hand-delivered or mailed to the Office of the Clerk of the Knox County Superior Court, 62 Union Street, Rockland, Maine. On or before the day the answer is filed, a copy of the answer must be mailed to Plaintiff’s attorney, Jacob A. Manheimer, at Pierce Atwood LLP, 254 Commercial Street, Portland, ME 04101. If no answer is filed within the time stated above, or if, after filing an answer, Defendant Jason Wellman fails to appear at any time notified to do so, a judgment may be entered against him in his absence for the relief demanded in the Complaint. If Defendant Jason Wellman believes that Plaintiff is not entitled to all or part of the relief requested in the Complaint, or if he believes he has a complaint against Plaintiff and cannot afford a lawyer, Defendant Jason Wellman may ask the Office of the Clerk of the Superior Court at any county courthouse for information as to places to seek legal assistance; and that it is further
ORDERED, that Plaintiff will prepare and file with this Court proof of service upon Defendant in accordance with this Order within forty-five (45) days after entry of this Order on the docket.
Dated: February 4, 2020
/s/ Honorable Bruce C. Mallonee
Justice, Superior Court
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