STATE OF VERMONT CIVIL SUPERIOR COURT FRANKLIN UNIT DOCKET DIVISION NO. 22-CV-01510
PROPERTY COUSINS, LLC Plaintiff
UNITED COMPANIES LENDING CORPORATION Defendant
CITATION AND PUBLICATION ORDER
THIS INVOCATION IS DIRECTED TO UNITED COMPANIES LENDING CORPORATION
1. YOU ARE NAMED A PARTY IN A DECLARATORY JUDGMENT ACTION. The plaintiff sued for a declaratory judgment naming you as a party. A copy of Plaintiff’s Complaint is on file and may be obtained from the Clerk’s Office of this Court, Vermont Superior Court, Civil Division, Franklin Unit, located at 17 Church Street, St. Albans, Vermont. Do not throw away this paper. It is an official document that affects your rights.
2. APPLICANT’S CLAIM. Plaintiff’s claim is for a court order that he has marketable title to the property at 44 New Street in Swanton, Vermont and the mortgage to United Companies Lending Corp. encumbering the plaintiff’s property is canceled and released.
3. YOU MUST RESPOND WITHIN 41 DAYS TO PROTECT YOUR RIGHTS. You must give or mail Plaintiff a written response called a Response within 49 days of the date this subpoena was first published, which is June 1, 2022. You must send a copy of your Response to the Counsel for the Claimant: Chad V. Bonani; 34 Pearl Street, PO Box 174, Essex Junction, VT 05453; [email protected] You must also give or send your answer to the court located at: 17 Church Street, St. Albans, VT 05478.
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. DEFAULT JUDGMENT. If you do not send the plaintiff your response within 49 days of the date this subpoena was first issued and file it with the court, the court may grant the relief requested by the plaintiff. 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.
This case involves the plaintiff’s request for a judicial determination of title to the property located at 44 New Street in Swanton, Vermont. The affidavit, motion and exhibits filed in this action show that service cannot be effected expeditiously by one of the methods provided for in Rule 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 made upon Defendant, United Companies Lending Corporation, by publication pursuant to Rule 4(g) of these Rules.
This order shall be published once a week for 3 weeks beginning on or before June 1, 2022, in the Seven Days, a newspaper with general circulation in Franklin County, and a copy of this summons and the order as published will be mailed to the United States. Companies Lending Corp., if an address is known.
Dated at St. Albans, Vermont, this May 11, 2022.
/s/ Honorable David A. Barra
Superior Court Judge, Civil Division, Franklin Unit