Summons

Published in The Power County Press Dec. 4, 11, 18, 25, 2019.

David M. Swartley, ISB No. 5230

McCarthy & Holthus, LLP

702 W. Idaho St., Suite 1100

Boise, ID 83702

Telephone: (208) 947-7264

Facsimile: (208) 947-5910

dswartley@mccarthyholthus.com

Attorneys for Plaintiff

IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF POWER

Case No.: CV39-19-0281

SUMMONS FOR PUBLICATION

U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT, Plaintiff,

vs.

CAVE JAMES KIRTLEY JR., (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF CAVE JAMES KIRTLEY, JR.: ELVA ELMIRA KIRTLEY, (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF ELVA ELMIRA KIRTLEY; RANAE PAQUETTE; TERESA BYBEE; MARY HOUSTON; WENDELL KIRTLEY (DECEASED), AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF WENDELL KIRTLEY; TOM KIRTLEY; KAREN GUEVARRA; LINDA SYPHUS; DOES 1 THROUGH XX, INCLUSIVE, AS INDIVIDUALS WITH AN INTEREST IN THE PROPERTY commonly known as 436 Hayes Street, American Falls, ID 83211, Defendants.

TO: CAVE JAMES KIRTLEY JR., (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF CAVE JAMES KIRTLEY, JR.; ELVA ELMIRA KIRTLEY, (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF ELVA ELMIRA KIRTLEY; TERESA BYBEE; WENDELL KIRTLEY (DECEASED), AND THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF WENDELL KIRTLEY; TOM KIRTLEY; DOES I THROUGH XX, INCLUSIVE, AS INDIVIDUALS WITH AN INTEREST IN THE PROPERTY

NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF. The nature of the claim against you is for, among other things, the judicial foreclosure of the real property located at 436 Hayes Street, American Falls, ID 83211. The Court may enter judgment against you without further notice unless you respond. READ THE INFORMATION BELOW.

YOU ARE HEREBY NOTIFIED that in order to defend this lawsuit, an appropriate written response must be filed with the above-designated Court, 543 Bannock Ave., American Falls, ID 83211, (208) 226-7611, within twenty-one (21) days after service of this Summons on you. If you fail to so respond, the Court may enter judgment against you as demanded by the Plaintiff in the Complaint.

A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Power County Courthouse, 543 Bannock Ave., American Falls, ID 83211, (208) 226-7611, or the attorney for Plaintiff, David M. Swartley, McCarthy Holthus, LLP, 702 W. Idaho Street, Suite 1100, Boise, ID 83702, (208) 947-7264. If you wish to seek the advice or representation by an attorney in this matter, you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected.

An appropriate written response requires compliance with Rule 10(a)(1) and other Idaho Rules of Civil Procedure and shall also include:

1. The title and number of this case.

2. If your response is an Answer to the Complaint, it must contain admissions or denials of the separate allegations of the Complaint and other defenses you may claim.

3. Your signature, mailing address, and telephone number, or the signature, mailing address, and telephone number of your attorney.

4. Proof of mailing or delivery of a copy of your response to Plaintiff’s attorney, as designated above.

To determine whether you must pay a filing fee with your response, contact the Clerk of the above-named court.

Dated 11/20/2019.

Clerk of the District Court

By: Emma Nye, Deputy

 

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