VERMONT STATE SUPERIOR COURT CIVIL DIVISION, ADDISON UNIT DOCKET # 151-7-19 Ancv
NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICE
KEN DANIELI A/K/A KENNETH G. DANIELI
OCCUPANTS OF: 1017 Ridge Road, Cornwall VT
CITATION & PUBLICATION ORDER
THIS INVOCATION IS FOR: Ken Danieli aka Kenneth G. Danieli
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, Addison Unit, Civil Division, Vermont Superior Court, 7 Mahady Court #2, Middlebury, VT 05753. Do not discard this paper far. 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 23, 2007. Plaintiff’s action may affect your interest in the property described in the City of Cornwall Land Records Volume 65, Page 600. 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 Clerk’s Office of the Superior Court of Addison 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 _Wednesday, March 30, 2022. You must send a copy of your response to the plaintiff or his solicitor, 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 7 Mahady Court #2, Middlebury, VT 05753.
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 subpoena set forth above be served upon the Defendant, Ken Danieli alias Kenneth G. Danieli, by publication pursuant to Rule[s] [4(d)(l) and] 4(g) of these Rules.
This order shall be published once a week for 2 weeks commencing Wednesday, March 30, 2022 within seven days (Wednesday publication date), a newspaper of general circulation in Addison County, and a copy of this summons and the order as issued will be mailed to defendant Ken Danieli aka Kenneth G. Danieli at 1017 Ridge Road, Cornwall, VT 05753.
Electronically signed in accordance with VREF 9(d)
/s/ Thomas Carlson
Superior Court Judge