KEVIN VAIL, Plaintiff, v. ELMWOOD MEMORIAL, INC. d/b/a ELMWOOD MEUNIER FUNERAL HOME, JAMES A. MEUNIER, and JOHN J. MEUNIER, Defendants.
SUMMONS AND ORDER OF PUBLICATION
THIS SUMMONS IS DIRECTED TO: JOHN J. MEUNIER
YOU ARE BEING SUED. The Plaintiff has filed a lawsuit against you. A copy of Plaintiff's Complaint against you has filed been and may be obtained at the Vermont Superior Court, Chittenden Civil Division, 175 Main Street, Burlington, Vermont 05401.
2. PLAINTIFF'S CLAIM. Plaintiff's claim is for relief for personal injuries he sustained as a result of being assaulted by John Meunier at 97-101 Elmwood Ave, Burlington Vermont on June 24, 2019 and the negligent conduct of the named Defendants in this action.
3. YOU MUST REPLY WITHIN 42 DAYS TO PROTECT YOUR RIGHTS. You must file a written Answer Plaintiff's Complaint within 42 days after the date this Summons was first published on April, 2021 and file it with the Vermont Superior Court, Chittenden Civil Division at 175 Main Street, Burlington, VT 05401. You must send a copy of your Answer to Plaintiff's attorney, Stephanie M. Greenlees, at KAPLAN AND KAPLAN, 95 Saint Paul St., Ste. 405, Burlington, VT 05401.
4. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to Plaintiff's Complaint. Your Answer must state whether you admit or deny each paragraph of the Complaint. If you believe 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 file your Answer with the Court within 42 days after the date this Summons was first published and send a copy of it to Plaintiff, the Court may enter judgment by default against you for the relief demanded in the Complaint.
6. YOU MUST MAKE ANY CLAIMS AGAINST PLAINTIFF IN YOUR ANSWER. Your Answer must state any related legal claims you have against Plaintiff, which are called Counterclaims. If your Answer does not state in writing any counterclaims you have against Plaintiff, you will thereafter be barred from making such claims. Even if you have insurance and the insurance company will defend you, you must still file any Counterclaims you have.
7. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you cannot afford a lawyer, you may ask the court clerk for information about getting free legal help.
IT IS ORDERED that service of the Summons and Complaint cannot be made with due diligence by methods provided in Vermont Rules of Civil Procedure 4(d)-(f), (k), and (l). Accordingly, it is ORDERED that service of the Summons set forth above shall be made upon the Defendant, John Meunier, by publication pursuant to V.R.C.P. 4(d)(1) and (g).
This Order shall be published in Seven Days, a newspaper of general circulation in Chittenden County, Vermont, once a week for two weeks beginning on April 14, 2021. A copy of this Summons and Order as published shall be mailed to the Defendant, John Meunier, if an address is known.
DATED at Burlington, Vermont this 8th day of April, 2021.
/s/ Samuel Hoar
Vermont Superior Court
Chittenden Civil Division