State Of Vermont Superior Court Civil Division Lamoille Unit Docket # 22-CV-01078 | Foreclosures | Seven Days | Vermont's Independent Voice

Published September 21, 2022 at 10:00 a.m.
Updated September 21, 2022 at 10:22 a.m.


THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. AS SUCCESSOR-IN-INTEREST TO ALL PERMITTED SUCCESSORS AND ASSIGNS OF JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 ASSET-BACKED CERTIFICATES, SERIES 2006-1

Plaintiff

v.

DANIEL W. BURGESS, VINCENT DERICO, ANDRIA CHANNELS AS FIDUCIARY OF THE ESTATE OF ROBERT BOMBARDIER, BRICE SIMON, DEPARTMENT OF THE TREASURY-INTERNAL REVENUE SERVICE, VERMONT DEPARTMENT OF TAXES, LIBERTY SKIS CORPORATION AND UNITED STATES OF AMERICA

OCCUPANTS OF: 63 Sterling Woods Road, Stowe VT

Defendants

SUMMONS & ORDER FOR PUBLICATION

THIS SUMMONS IS DIRECTED TO: Daniel W. Burgess

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, Lamoille, Civil Division, Vermont Superior Court, 154 Main St, Hyde Park, VT 05655. 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 September 23, 2005. Plaintiff's action may affect your interest in the property described in the Land Records of the Town of Stowe at Volume 623, Page 71. 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 Lamoille, 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 _______________________, 20____. You must send a copy of your answer to the Plaintiff or the Plaintiff's attorney, Loraine L. Hite, Esq. of Bendett & 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 154 Main St, Hyde Park, VT 05655.

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, Daniel W. Burgess, 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 September 15, 2022 in the Seven Days, a newspaper of the general circulation in Lamoille County, and a copy of this summons and order as published shall be mailed to the defendant, Daniel W. Burgess, at 63 Sterling Woods Road, Stowe, VT 05672.

Dated at Hyde Park, Vermont this 13th day of September, 2022

Electronically signed pursuant to V.R.E.F. 9(d)

/s/ Daniel Richardson

Daniel Richardson

Superior Court Judge