PROPERTY COUSINS, LLC Plaintiff
v.
UNITED COMPANIES LENDING CORPORATION Defendant
AFFIDAVIT
SUMMONS AND ORDER OF PUBLICATION
THIS SUMMONS IS DIRECTED TO UNITED COMPANIES LENDING CORPORATION
1. YOU ARE NAMED AS A PARTY IN A DECLARATORY JUDGMENT ACTION. The Plaintiff has started a declaratory judgment action naming you as a party. A copy of the Plaintiff's Complaint is on file and may be obtained at the office of the clerk of this court, Vermont Superior Court, Civil Division, Franklin Unit, located at 17 Church Street, St. Albans, Vermont. Do not throw this paper away. It is an official paper that affects your rights.
2. PLAINTIFF'S CLAIM. Plaintiff's claim is for a judicial determination that it has marketable title to the property located at 44 New Street in Swanton, Vermont and the mortgage to United Companies Lending Corp. encumbering the Plaintiff's property is discharged and released.
3. YOU MUST REPLY WITHIN 41 DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 49 days after the date on which this Summons was first published, which is June 1, 2022. You must send a copy of your Answer to the Plaintiff's attorney: Chad V. Bonanni; 34 Pearl Street, PO Box 174, Essex Junction, VT 05453; [email protected]. You must also give or mail your Answer to the Court located at: 17 Church Street, St. Albans, VT 05478.
4. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff's Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
5. JUDGMENT BY DEFAULT. If you do not send the Plaintiff your Answer within 49 days after the date on which this Summons was first published and file it with the Court, the Court may grant the relief requested by the Plaintiff. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the Complaint.
6. YOU MUST MAKE ANY CLAIMS AGAINST THE PLAINTIFF IN YOUR REPLY. Your Answer must state any related legal claims you have against the Plaintiff. Your claims against the Plaintiff are called Counterclaims. If you do not make your Counterclaims in writing in your Answer, you may not be able to bring them up at all. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you may have.
7. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you should ask the court clerk for information about places where you can get free legal help. Even if you cannot get legal help, you must still give the court a written Answer to protect your rights or you may lose the case.
ORDER
This matter involves Plaintiff's request for a judicial determination of title to property located at 44 New Street in Swanton, Vermont. The affidavit, motion and exhibits filed in this action shows that service cannot be made with due diligence by any of the methods provided in Rule 4(d)-(f), (k), or (l) of the Vermont Rules of Civil Procedure. Accordingly, it is ORDERED that service of the summons set forth above shall be made upon the Respondent, United Companies Lending Corporation, by publication as provided in Rule 4(g) of those 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 of general circulation in Franklin County, and a copy of this summons and order as published shall be mailed to the United Companies Lending Corp., if an address is known.
Dated at St. Albans, Vermont, this 11th day of May, 2022.
/s/ Honorable David A. Barra
Judge of the Superior Court, Civil Division, Franklin Unit