STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION WASHINGTON UNIT DOCKET # 21-CV-03437
US BANK TRUST NATIONAL ASSOCIATION AS TRUSTEE OF THE 2015A+ AMERICAN HOMEOWNER PRESERVATION TRUST SERIES
FRANK L. SANBORN A/K/A FRANK SANBORN AND NICOLE SANBORN
OCCUPANTS OF: 71 Little River Road, Waterbury VT
CITATION & PUBLICATION ORDER
THIS INVOCATION IS FOR: Nicole Sanborn
1. YOU ARE SUED. The plaintiff has brought a lawsuit against you. A copy of Plaintiff’s complaint against you is on file and may be obtained from the Clerk’s Office of this court, Washington Unit, Civil Division, Vermont Superior Court, 65 State Street, Montpelier, Vermont. Do not throw away this paper. It is an official document that affects your rights.
2. APPLICANT’S CLAIM. Plaintiff’s claim is a foreclosure complaint alleging that you breached the terms of a promissory note and deed of mortgage dated August 18, 2008. Plaintiff’s action may affect your interest in the property described in the City of Waterbury Land Records Volume 265, page 24. 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 Washington 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 __June 8, 2022_________ 2022. You must send a copy of your response to plaintiff or the attorney, Loraine 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 answer to the court located at 65 State Street, Montpelier, VT 05602.
4. YOU MUST RESPOND TO EVERY COMPLAINT. The response is your written response to the plaintiff’s 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.
The affidavit duly filed in this action shows that service cannot be diligently effected by any of the methods provided for in Rules 4(d)-(f), (k) or (l) of the Vermont Rules of Civil Procedure. . Accordingly, it is ORDERED that service of the above-mentioned subpoena be served on the defendant, Nicole Sanborn, by publication in accordance with the rule[s] [4(d)(l) and] 4(g) of these Rules.
This order will be published once a week for three weeks beginning June 8, 2022 in the Seven Days, a mass circulation Washington County newspaper, and a copy of this subpoena and the order as published will be sent by the post to the defendant Nicole Sanborn. , at 32 South Main Street, Waterbury, VT 05676, the defendant’s last known mailing address.
As of 05/31/2022
/s/ Robert A. Mello
Hon. Robert A. Mello
Washington Unit, Civil Division