STATE OF MAINE
DOCKET NO. CV23-136
ORDER FOR SERVICE
THE INHABITANTS OF WEST FORKS PLANTATION
of Somerset County, Maine
GLADYS M. DURGIN’S
heirs, legal representatives, devisees, assigns, trustees in bankruptcy, disseizors, Creditors, leinors and their grantees, and any and all other persons who claim right, title, interest or estate, legal or equitable, in the within described land and real estate by, through or under the said Gladys M.Durgin
This case came to be heard on the Motion of Plaintiff’s Attorney, Kenneth A. Lexier, Esq., whose address is 263 Water Street, P.O. Box 9, Skowhegan, Maine 04976 for service by publication upon the Defendant Gladys M. Durgin’s heirs, etc.
This is a quiet title and declaratory judgment action against Gladys M. Durgin’s heirs for the real estate in West Forks Plantation, Maine, known as the Durgin Cemetery more particularly described as:
The cemetery in West Forks on the north bank of the Dead River; located at Dead River Road, West Forks, Somerset County, ME 04985; commonly known as the Durgin Cemetery. Further described below:
Beginning at the point on the southeast corner of the cemetery on Dead River Road, just west of the intersection of Dead River Road and Durgin Brook; thence westerly eighty-six feet (86’) along Dead River Road to a point; thence northerly one-hundred and nine feet (109’) to a point; thence easterly thirty-eight feet (38’) to a point; thence southerly one-hundred and sixteen feet (116’) to the point of beginning.
The Durgin Cemetery was excepted and reserved in a deed from Gladys M. Durgin to Central Maine Power Company dated August 23, 1962, and recorded in the Somerset County Registry of Deeds in Book 658, Page 67.
The complaint alleges that the heirs of Gladys M. Durgin and every person claiming by, through or under said heirs be barred from all claims to any right, title, interest or estate in said real property.
After due diligence Plaintiff, West Forks Plantation, has been unable to make service upon said heirs of Gladys M. Durgin of the Complaint now pending before this honorable Court and the present whereabouts of said heirs of Gladys M. Durgin cannot be ascertained.
It is Ordered that service be made upon the Defendant Gladys M. Durgin’s heirs by publishing once a week for three (3) consecutive weeks in The Town Line newspaper, a newspaper of general circulation in the County of Somerset, where the action is pending, a copy of the Order attested by the Clerk of the District Court, Division of Skowhegan.
The first publication shall be made within twenty (20) 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, Gladys M. Durgin’s heirs, etc., shall appear and defend this action by filing an answer with the Clerk of the District Court, Skowhegan, and also by filing a copy of said answer with the Plaintiff’s Attorney, Kenneth A. Lexier, Esq., 263 Water Street, P.O. Box 9, Skowhgan, Maine 04976. IN CASE OF FAILURE TO DO SO, JUDGMENT BY DEFAULT MAY BE RENDERED AGAINST THE DEFENDANT GLADYS M. DURGIN’S HEIRS.
The Clerk shall incorporate this Order by reference in the docket in this case. This entry is made in accordance with Rule 79(a) of the Maine Rules of Civil Procedure.
Dated: October 27, 2023
/s/ Andrew Benson
Judge, Maine District Court
A True Copy
Attested: /s/ Susan Furbush
SPECIAL PROBATE NOTICE
TO ALL WHOM IT MAY CONCERN
It is hereby ORDERED that notice of the following matter be given to all persons interested by causing a copy of this order to be published once a week, two weeks successively before December 19, 2023, in THE TOWN LINE, a newspaper published in SOUTH CHINA in the County of KENNEBEC and State of MAINE.
A matter is pending in the Somerset County Probate Court in which UNKNOWN PUTATIVE FATHER, OF UNKNOWN ADDRESS, AND TO ANY AND ALL KNOWN AND/OR UNKNOWN PUTATIVE FATHERS may have an interest. The other interested parties are Amanda M. & Michael A.Welch II, of Skowhegan, and Sierra Trabue of Skowhegan in the County of SOMERSET and State of MAINE, and the child of UNKNOWN PUTATIVE FATHER OF UNKNOWN ADDRESS.
This matter will be heard at a Probate Court to be held at Somerset County Probate Court, 41 Court Street, Skowhegan, ME 04976 on December 19, 2023, at 1:15 p.m., at which time and place any person interested may then and there appear and be heard if he see cause. ANY AND ALL KNOWN AND UNKOWN PUTATIVE FATHERS should contact the Court by telephone at 207-474-3322 or write to the Court at Somerset Probate Court, 41 Court Street, Skowhegan, ME 04976. Failure to contact the Court of the first publication of this notice will result in a default and substantial loss of rights.
/s/ Robert M. Washburn
Judge of Probate
A true copy of the original
Attest: /s/ Victoria Hatch
Register of Probate