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US Bank Trust, N.A. v. Pinette
United States District Court, D. Maine
October 16, 2019
US BANK TRUST, N.A., as Trustee For LSF9 Master Participation Trust, Plaintiff,
PAUL A. PINETTE, et al., Defendants
ORDER ON PLAINTIFF'S MOTION FOR SERVICE BY
C. NIVISON U.S. MAGISTRATE JUDGE
a foreclosure action in which Plaintiff alleges that the
promissory note secured by a mortgage on certain real
property located in Lewiston, Maine is in default. The matter
is before the Court on Plaintiff's motion to serve
Defendant Paul A. Pinette by alternate means. (Motion, ECF
No. 18.) Plaintiff asks the Court to order that service can
be “made by leaving a copy of the Summons and Complaint
at the Defendant's subject property; and/or by
publication, if the Court deems publication to be more
a review of the record, the Court grants the motion.
has not served Defendant Pinette with the complaint and
asserts it has made the following attempts to serve
1. On April 10, 2019, Plaintiff's counsel sent to the
Androscoggin County Sheriff's Office a request for
service on Defendant Pinette at the property address of 164
South Avenue, Lewiston, Maine 04240.
2. On May 30, 2019, Plaintiff's counsel received a
Diligent Search Letter dated May 20, 2019, from Deputy
Sheriff Jason R. Chaloux of the Androscoggin County
3. Deputy Sheriff Chaloux reported that 164 South Avenue,
Lewiston, Maine, was posted vacant on June 3, 2016, by a
Property Management Company; Deputy Sheriff Chaloux also
spoke with a neighbor who stated that he had not seen
Defendant Pinette at the South Avenue location in four to
4. Deputy Sheriff Chaloux searched the Bureau of Motor
Vehicles records and discovered that Defendant Pinette had a
suspended license and there were no updates on his status
since January 14, 2015; at that time, his address on file was
P.O. Box 7, East Machias, Maine.
5. Deputy Sheriff Chaloux checked for any police contact in
the East Machias area, but found that the last report was
from May 11, 2010.
6. Deputy Sheriff Chaloux searched the State of Maine police
database and found that Defendant Pinette had police contact
on April 14, 2019 in Augusta; however, Augusta Police were
unable to contact said Defendant and did not have a new
address for him.
7. On May 30, 2019, Plaintiff's counsel mailed a
Postmaster Request for P.O. Box 7, East Machias, Maine to
determine if Defendant Pinette provided a forwarding or
8. On June 7, 2019, Plaintiff's counsel received the
Postmaster Response, indicating that the P.O. Box had been
closed for non-payment; however, Defendant Pinette left a
physical address on file ...
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