STATE OF MAINE
LINCOLN, ss.
DISTRICT COURT
WISCASSET
CIVIL ACTION
DOCKET NO. WISDC-RE-17-13
LNV CORPORATION
PLAINTIFF
v.
CHARLES G. DYER
AND
ANN M. DYER
DEFENDANTS
ORDER FOR SERVICE BY PUBLICATION AND ENLARGEMENT OF TIME
Upon Motion by Plaintiff, LNV Corporation, with supporting affidavit brought pursuant to M.R.Civ.P. 4(g) it is hereby ORDERED as follows:
1.This is an action brought by Plaintiff pursuant to 14 M.R.S.A. §6321 et. seq. for foreclosure upon a certain mortgage given by Defendants to Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Lenders Network USA, Inc., its successors and assigns, and recorded in the Lincoln County Registry of Deeds in Book 3789, Page 114, subsequently assigned to Plaintiff, affecting real estate located at 1090 South Clary Road, Jefferson, in the County of Lincoln and State of Maine. Reference is made to said mortgage for a description of the subject real estate.
2. Defendant Charles G. Dyer, is directed to appear and defend this action by serving an Answer to the Complaint filed in the Wiscasset District Court, 32 High Street, P.O. Box 249, Wiscasset, ME 04578, upon Plaintiff’s Attorneys Shapiro & Morley, LLC, 707 Sable Oaks Dr., Suite 250, South Portland, Maine 04106. Said Answer must be filed within twenty (20) days after service by publication is complete and failure to do so will result in judgment by default against said Defendant for the relief demanded in the Complaint.
3. This Court finds that the Plaintiff has met the requirements of M.R. Civ. P. 4 (g)(1)(A)-(C) and that service as ordered herein is appropriate. This Court finds that Plaintiff has demonstrated due diligence in attempting to obtain personal service upon said Defendant in the manner prescribed by Rule 4, that it appears that said Defendant is evading service of process and/or the physical location of the Defendant cannot be reasonably ascertained. This Court further finds that service of the Summons and Complaint in the manner requested by Plaintiff and ordered herein is reasonably calculated to provide actual notice of the pendency of this action to the party to be served and is the most practical manner of effecting notice of the suit.
4. Plaintiff is hereby ordered to cause publication of this order once a week for three (3) successive weeks in the newspaper of general circulation in the county of Lincoln, The Lincoln County News. The first such publication shall be made within twenty (20) days after granting of this order and service shall be complete on the twenty-first day after the first publication. Once complete, Plaintiff shall file with the Court an affidavit that publication has been made. Plaintiff is also ordered to mail a copy of the order as published to the subject property of 1090 South Clary Road, Jefferson, ME and Defendant’s last known address of 34 Arlington Avenue, Beverly, MA 01915. Additionally, the deadline for filing the return of service upon Defendant Charles G. Dyer is hereby extended to twenty (20) days after such service is complete.
The Clerk is specifically directed pursuant to Rule 79(a) of the Maine Rules of Civil Procedure to enter this Order on the civil docket by notation incorporating it by reference.
Dated: 6/7/2017
Barbara Raimondi
Judge, District Court
25-27
