Assignment and publication order | Legal Notice


STATE OF VERMONT CIVIL SUPERIOR COURT RUTLAND UNIT DIVISION FILE # 21-CV-02401 TOWD POINT MORTGAGE TRUST 2017-ENG1, US BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE Plaintiff v. TIMOTHY A. GIBBARD A/K/A TIMOTHY GIBBARD AND JENNIFER E. GIBBARD A/K/A JENNIFER GIBBARD OCCUPANTS OF: 9 Cain Street, Proctor VT Defendants CITATION AND PUBLICATION ORDER THIS CITATION IS FOR: Timothy A. Gibbard a/ k/a Timothy Gibbard and Jennifer E. Gibbard a/k/a Jennifer Gibbard 1. YOU ARE SUED. The plaintiff has brought a lawsuit against you. A copy of the plaintiffs’ complaint against you is on file and may be obtained from the clerk’s office of this court, Rutland Unit, Civil Division, Vermont Superior Court, 83 Center Street, Rutland, VT 05701. Do not discard this paper. It is an official document that affects your rights. 2. PLAINTIFF’S CLAIM. Plaintiffs’ claim is a foreclosure complaint alleging that you breached the terms of a promissory note and deed of mortgage dated December 11, 2006. Plaintiffs’ action may affect your interest in the property described in the Land Records of the City of Proctor at Volume 70. , Page 421. The complaint also seeks relief on the promissory note signed by you. A copy of the complaint is on file and can be obtained from the Superior Court Clerk’s office in Rutland County, State of Vermont. 3. YOU MUST RESPOND WITHIN 41 DAYS TO PROTECT YOUR RIGHTS. You must give or mail the plaintiff a written response called a response within 41 days of the date this subpoena was first published, which is February 16, 2022. You must send a copy of your response to the plaintiff or to Plaintiffs’ Counsel, LORINE L. HITE, Esq. of Bendett and McHugh, PC, located at 270 Farmington Avenue, Ste. 151, Farmington, CT 06032. You must also give or send your response to the court located at Rutland Unit, Civil Division, Vermont Superior Court 83 Center Street, Rutland, VT 05701 4. YOU MUST RESPOND TO EACH CLAIM. The response is your written response to the plaintiffs’ complaint. In your response, you must indicate whether or not you agree with each paragraph of the complaint. If you think the plaintiff should not receive everything requested in the complaint, you should say so in your response. 5. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN RESPONSE IN COURT. If you do not respond within 41 days of the date this subpoena was first issued and you do not file it with the Court, you will lose this case. You won’t be able to tell your side of the story, and the Court can decide against you and grant the plaintiff whatever is requested in the complaint. 6. YOU MUST STATE ANY CLAIMS AGAINST THE APPLICANT IN YOUR RESPONSE. Your response should state any related legal claims you have against the applicant. Your claims against the plaintiff are called counterclaims. If you don’t put your counterclaims in writing in your response, you may not be able to mention them at all. Even if you have insurance and the insurance company will defend you, you should still file any counterclaims you may have. 7. LEGAL ASSISTANCE. You may want to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about where you can get free legal help. Even if you can’t get legal help, you still need to give the court a written answer to protect your rights or you risk losing the case. ORDER The affidavit duly filed in this action shows that service cannot be effected with due diligence by any of the methods provided for in Rules 4(d)-(f), (k) or (1) of the Rules of Civil Procedure from Vermont. Accordingly, it is ORDERED that service of the subpoena set forth above be served upon the Defendant, Timothy A. Gibbard alias Timothy Gibbard and Jennifer E. Gibbard alias Jennifer Gibbard, by publication pursuant to Rule[s] [4(d)(1) and] 4(g) of these Rules. This order will be published once a week for 3 weeks commencing February 16, 20 22 in the Rutland Herald, a newspaper of general circulation in Rutland County, and a copy of this subpoena and the order as published will be sent by mail to Defendant Timothy A. Gibbard aka Timothy Gibbard and Jennifer E. Gibbard aka Jennifer Gibbard, at 9 Cain Street, Proctor, VT 05765 Dated in Rutland, Vermont this February 7, 2022 /s/ Helen M. Toor ____ Hon. Helen M. Toor Presiding Judge Rutland Unit, Civil Division


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