Summons by Corporation

IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF CLACKAMAS Case No. 23CV06957 SUMMONS BY PUBLICATION NATHAN F. SMITH, as successor trustee, Plaintiff -Interpleader, vs. ANDREW E. SIMMS, an individual, Defendant. SUMMONS BY PUBLICATION TO THE DEFENDANT: ANDREW E. SIMMS. In the name of the State of Oregon, you are hereby required to appear and defend the complaint filed against you in the above-entitled Court within thirty (30) days from the date of the first publication of this summons. The date of first publication in this matter is March 21, 2023. If you fail timely to appear and answer, for want thereof, plaintiff(s) will apply to the court for relief demanded in the complaint and summarized below. This case involves a non-judicial foreclosure of a deed of trust, for the property commonly known as 5430 Rinearson Road, Gladstone, Oregon 97027-211, which took place on August 12, 2022. Plaintiff-Interpleader requests the Court to enter an order: 1. Granting Plaintiff leave to deposit the Surplus Funds from the sale in the Court Registry; 2. Restraining and enjoining Defendant from commencing, prosecuting, or pursuing any suit or action or any other proceeding against Plaintiff for payment of the Surplus Funds; 3. Requiring anyone who claims any right or interest to the Surplus Funds to resolve such claims in this interpleader action; 4. Discharging and releasing Plaintiff from all liability to Defendant for any and all claims arising from the Surplus Funds; 5. For Plaintiff’s costs, disbursements, and reasonable attorney fees incurred in prosecuting this interpleader action; and 6. For such other and further relief as the Court deems just and proper. NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! You must appear to protect your rights in this matter. To appear you must file with the court a legal paper called a motion or reply. The motion or reply must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plainitff. If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may call the Oregon State Bar’s Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. The Oregon State Bar`s web address is Malcolm Cisneros, A Law Corporation By: Nathan F. Smith, OSB #120112 Of Attorneys for Plaintiff-Interpleader 2112 Business Center Drive, Second Floor Irvine, CA 92612 P: (949) 252-9400, F: (949) 252-1032 Published March 21, 28, April 4 & 11, 2023. BT281287

ad: 281287

Publication: Miscellaneous

Section: Legals

Start Date: 2023/03/21

End Date: 2023/04/11

Court Number: 23CV06957

Owner: Malcolm Cisneros, A Law Corporation


County: Clackamas