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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,
v.
PAUL A. PINETTE, et al., Defendants

          ORDER ON PLAINTIFF'S MOTION FOR SERVICE BY ALTERNATE MEANS

          JOHN C. NIVISON U.S. MAGISTRATE JUDGE

         This is 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 effective.” (Id.)

         Following a review of the record, the Court grants the motion.

         Facts

         Plaintiff has not served Defendant Pinette with the complaint and summons.

         Plaintiff asserts it has made the following attempts to serve Defendant:

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 Sheriff's Department.
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 five years.
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 mailing address.
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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