STATE OF VERMONT CIVIL SUPERIOR COURT LAMOILLE DIVISION DOCKET UNIT # 22-CV-01078
THE BANK OF NEW YORK MELLON TRUST COMPANY, NA AS SUCCESSOR IN BENEFIT OF ALL SUCCESSORS AND PERMITTED ASSIGNEES OF JPMORGAN CHASE BANK, NA, AS ADMINISTRATOR FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 ASSISTED CERTIFICATES OF ASSETS, SERIES 2006-1
DANIEL W. BURGESS, VINCENT DERICO, ANDRIA CANNELS AS TRUSTEE FOR THE ESTATE OF ROBERT BOMBARDIER, BRICE SIMON, DEPARTMENT OF THE TRESORY-INTERNAL REVENUE SERVICE, VERMONT DEPARTMENT OF TAXES, LIBERTY SKIS CORPORATION AND UNITED STATES OF AMERICA
OCCUPANTS OF: 63 Sterling Woods Road, Stowe VT
CITATION & PUBLICATION ORDER
THIS INVOCATION IS FOR: Daniel W. Burgess
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, Lamoille, Civil Division, Vermont Superior Court, 154 Main St, Hyde Park, VT 05655. Do not discard 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 September 23, 2005. Plaintiff’s action may affect your interest in the property described in the Town of Stowe Land Records Volume 623. , page 71. 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 in Lamoille County, State of Vermont.
3. YOU MUST RESPOND WITHIN 41 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the plaintiff a written response called a response within 41 days of the date this subpoena was first published, which is _______________________, 20____. You must send a copy of your response to the plaintiff or his attorney, Loraine L. Hite, Esq. of Bendett & 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 154 Main St, Hyde Park, VT 05655.
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 have 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 effected with due diligence by any of the methods provided for in Rule 4(d)-(f), (k) or (l) of the Civil Procedure Rules of the Vermont. Accordingly, it is ORDERED that service of the subpoena set forth above be made upon the defendant, Daniel W. Burgess, by publication pursuant to rule[s] [4(d)(l) and] 4(g) of these Rules.
This order will be published once a week for 3 weeks beginning September 15, 2022 in the Seven Days, a mass circulation Lamoille County newspaper, and a copy of this subpoena and the order as published will be sent by the mail to the defendant, Daniel W. Burgess, at 63 Sterling Woods Road, Stowe, VT 05672.
Dated at Hyde Park, Vermont this August 29, 2022
Electronically signed in accordance with VREF 9(d)
/s/ Daniel Richardson
Superior Court Judge