U.S. BANK TRUST NATIONAL ASSOCIATION AS TRUSTEE OF AMERICAN HOMEOWNER PRESERVATION TRUST SERIES 2015A+
Plaintiff
v.
FRANK L. SANBORN A/K/A FRANK SANBORN AND NICOLE SANBORN
OCCUPANTS OF: 71 Little River Road, Waterbury VT
Defendants
SUMMONS & ORDER FOR PUBLICATION
THIS SUMMONS IS DIRECTED TO: Nicole Sanborn
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. A copy of the Plaintiff's Complaint against you is on file and may be obtained at the office of the clerk of this court, Washington Unit, Civil Division, Vermont Superior Court, 65 State Street, Montpelier, Vermont. Do not throw this paper away. It is an official paper that affects your rights.
2. PLAINTIFF'S CLAIM. Plaintiff's claim is a Complaint in Foreclosure which alleges that you have breached the terms of a Promissory Note and Mortgage Deed dated August 18, 2008. Plaintiff's action may effect your interest in the property described in the Land Records of the Town of Waterbury at Volume 265, Page 24. The Complaint also seeks relief on the Promissory Note executed by you. A copy of the Complaint is on file and may be obtained at the Office of the Clerk of the Superior Court for the County of Washington, State of Vermont.
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 41 days after the date on which this Summons was first published, which is __June 8, 2022_________, 2022. You must send a copy of your answer to the Plaintiff or the Plaintiff's 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 mail your Answer to the Court located at 65 State Street, Montpelier, VT 05602.
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. YOU WILL LOSE YOUR CASE IF YOU DO NOT GIVE YOUR WRITTEN ANSWER TO THE COURT. If you do not Answer within 41 days after the date on which this Summons was first published and file it with the Court, you will lose this case. 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
The Affidavit duly filed in this action shows that service cannot be made with due diligence by any of the method provided in Rules 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 defendant, Nicole Sanborn, by publication as provided in Rule[s] [4(d)(l) and] 4 (g) of those Rules.
This order shall be published once a week for three_ weeks beginning on June 8, 2022 in the Seven Days, a newspaper of the general circulation in Washington County, and a copy of this summons and order as published shall be mailed to the defendant Nicole Sanborn, at 32 South Main Street, Waterbury, VT 05676, defendant's last known mailing address.
Dated 5/31/2022
/s/ Robert A. Mello
Hon. Robert A. Mello
Presiding Judge
Washington Unit, Civil Division