STATE OF MAINE
AROOSTOOK, ss
SUPERIOR COURT
LOCATION OF CARIBOU
CIVIL ACTION
DOCKET NO.: CARSC-RE-2023-00039
FEDERAL NATIONAL MORTGAGE ASSOCIATION
PLAINTIFF
V.
DAVID G. HART JR, HEIR TO THE ESTATE OF RONA M. HART, LEROY SCOTT HART, HEIR TO THE ESTATE OF RONA M. HART, RONA HART A/K/A RONA PERRY, HEIR TO THE ESTATE OF RONA M. HART, GRACE TIRRELL, HEIR TO THE ESTATE OF RONA M. HART, KAREN HART, HEIR TO THE ESTATE OF RONA M. HART, and CRYSTAL BROWN A/K/A CHRISTAL BROWNE, HEIR TO THE ESTATE OF RONA M. HART
DEFENDANTS
and
STATE OF MAINE-MAINE REVENUE SERVICES
PARTY-IN-INTEREST
ORDER ON PLAINTIFF'S MOTION FOR RECONSIDERATION, FOR SERVICE BY PUBLICATION PURSUANT TO RULE(4)g, AND FOR AN ADDITIONAL ENLARGEMENT OF TIME TO FILE RETURNS OF SERVICE
This cause came to be heard on the Motion of Plaintiffs attorney, Brock & Scott, PLLC, whose address is 30 Danforth Street, Suite 104, Portland, ME 04101, for reconsideration of this Court's August 13, 2024 Order dismissing the above captioned action, for service by publication upon one or more of the Defendants named in a certain Summons and Complaint for Foreclosure By Civil Action, Title to Real Estate Involved, now pending before this Honorable Cami, namely on David G. Hart and Karen Hart, and for an enlargement of the time to file returns of service.
The real estate involved in this action is situated at: 231 Castle Hill Rd, Washburn, ME 04786
That after due diligence Plaintiff, Federal National Mortgage Association, has been unable to make service on Defendants, KAREN HART and DAVID HART of its Summons and Complaint For Foreclosure By Civil Action, Title to Real Estate Involved, now pending before this Honorable Court, and the present whereabouts of said Defendants cannot be ascertained.
IT IS ORDERED that this Court's August 13, 2024 Order dismissing the above captioned action is hereby vacated, restoring this matter to the active docket, and that service be made upon the Defendants, KAREN HART and DAVID G. HART, by publishing once a week for three (3) consecutive weeks, in the Bangor Daily News, a newspaper of general circulation in Penobscot and Aroostook County, located in the county and state most reasonably calculated to provide actual notice of the pendency of this action to the party to be served; a copy of the Order, attested by the Clerk of the District Court, Division Civil.
The first publication shall be made within thirty (30) days after this Order is granted.
Twenty-one (21) days after the first publication of this Order, service shall be considered complete. Within twenty (20) days after service is considered complete, the Defendants, KAREN HART and DAVID G. HART, shall appear and defend this action by filing an answer with the said Clerk of the District Court, Division Civil, and also by filing a copy of said answer with the Plaintiffs attorney, Brock & Scott, PLLC, Attn: Peter R. Andrinas, Esq., 30 Danforth Street, Suite 104, Portland, ME 04101. (IN CASE OF FAILURE TO DO SO, JUDGMENT BY DEFAULT MAY BE RENDERED AGAINST THE DEFENDANTS).
IT IS FURTHER ORDERED that a copy of this Order, as published, shall be sent by ordinary first class mail to the last known address of the Defendants, if possible, and the deadline for filing all returns of service is enlarged to ninety (90) days from the date of this Order.*
The Clerk shall enter the following in the docket:
The ORDER dated October 16, 2024 , is incorporated in the docket by reference.
This entry is made in accordance with M.R.C.P. 79(a) at the specific direction of the Court.
*The court notes that up to this date, the Plaintiff has not yet filed proper return of service related to Leroy Scott Hart, Rona Hart, Grace Tirrell, Crystal Brown, or Maine Revenue Service. Although the court has received copies of the summons served upon each of those individuals or entities, no original returns have been filed.