Frederick and Elizabeth Dusablon,Plaintiffs
Windsor Capital Mortgage Corporation, Defendant.
SUMMONS AND ORDER OF SERVICE BY PUBLICATION
This case concerns a request for declaratory judgement pursuant to 27 V.S.A. § 469 that the two mortgages held by the Defendant, a private corporation which has been dissolved without providing anyone the authority execute a discharge on its behalf, are of no force of law and entitled to judicial discharge. This action places at issue Defendant's interest in real property located at 76 Handy Avenue, Burlington, Vermont as documented by two mortgage deeds recorded in Volume 1012 at Pages 548 and in Volume 1012 at Pages 565 of the City of Burlington Land Records.
THIS SUMMONS IS BEING DIRECTED TO: Windsor Capital Mortgage Corporation
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, Chittenden, Civil Division, Vermont Superior Court, 175 Main Street, Burlington, VT 05402. 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 for Declaratory Judgement which alleges that they are entitled to relief under 27 V.S.A. § 469 as you are a private corporation whose charter has expired who is the record holder of two Mortgage Deeds dated November 12, 2005 and recorded in Volume 1012 at Pages 548 and in Volume 1012 at Pages 565 of the City of Burlington Land Records. A copy of the Complaint is on file and may be obtained at the Office of the Clerk of the Superior Court of the County of Chittenden, State of Vermont.
3. YOU MUST REPLY WITHIN 30 DAYS TO PROTECT YOUR RIGHTS. You must give or mail the Plaintiff a written response called an Answer within 30 days after the date on which this Summons was first published, which is October 19, 2022. You must send a copy of your answer to the Plaintiff or the Plaintiff's attorney, W. Cooper Hayes, Esq. of MSK Attorneys located at 275 College Street, Burlington, VT 05406.
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 30 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.
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, Windsor Capital Mortgage Corporation, 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 3 weeks beginning on October 19, 2022 in the Seven Days, a newspaper of the general circulation in Chittenden County, and in The Press Democrat, a newspaper of the general circulation in Sonoma County, California, and a copy of this commons and order as published shall be mailed to the last known address of the defendant, Windsor Capital Mortgage Corporation, at 2777 Yulupa Ave #157, Santa Rosa, CA 95405.
DATED at Burlington, Vermont this 12th day of October, 2022.