Summons

21ST MORTGAGE CORPORATION v. THE ESTATE OF PAMELA E. SMITH AKA PAMELA S. SMITH; CAPITAL MORTGAGE LENDING, LLC; CREDIT SERVICES OF OREGON, INC.; CANDY LEE ROCK; ALL OTHER UNKNOWN HEIRS OR PERSONS CLAIMING AN INTEREST IN THE PROPERTY; and OCCUPANTS AND PARTIES IN POSSESSION SUMMONS – CASE NO. 22CV34644 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF COLUMBIA TO: ALL OTHER UNKNOWN HEIRS OR PERSONS CLAIMING AN INTEREST IN THE PROPERTY, one of the above-named defendants. You are hereby required to appear and defend the complaint filed against you in the above entitled action within thirty (30) days from the date of the first publication of this summons, and in case of your failure to appear and answer, plaintiff for want thereof will apply to the above entitled court for the relief prayed for in its complaint, to-wit: A. FIRST CLAIM FOR RELIEF: 1. For a judgment declaring that title to the 1978 Skyline Mobile Home, 24 X 48, Serial #01910711L be eliminated so that its title and ownership is merged with the Property and that title thereto shall pass with the land commonly known as 971 2nd Ave., Vernonia, Oregon 97064 legally described as: Lot 2, Block 6, CENTRAL ADDITION to Vernonia, Columbia County, Oregon. Including a 1978 Skyline Mobile Home, 24 x 48, with a serial# 01910711L. 2. The judgment shall allow Plaintiff to record such judgment in the real estate records to evidence that title has been eliminated and, further, that the parties shall cooperate with the Department of Consumer and Business Services of the State of Oregon and the appropriate authorities of Columbia County, Oregon to document and accomplish that elimination of title. B. SECOND CLAIM FOR RELIEF: 1. For judgment against defendant the Estate of Pamela E. Smith aka Pamela S. Smith that declares the amount owed to Plaintiff is the sum of $23,610.82, plus late fees of $1,139.39, less an escrow balance of $301.81, less an overage of $2.72, plus accrued interest of $1,151.03 through October 1, 2022, plus interest accruing thereafter at the rate of 9.750 percent per annum ($6.39 per diem) from October 2, 2022, until paid, plus title costs of $200.00, which sum accrues interest at the rate of 9.750 percent from October 2, 2022, until paid, together with any additional sums required to be paid by Plaintiff during the pendency of this suit for the protection of the Property and Plaintiff’s interest therein; plus Plaintiff’s reasonable attorney fees; plus Plaintiff’s costs and disbursements incurred herein; 2. That Plaintiff’s Trust Deed, dated April 8, 2004, and recorded April 12, 2004 as Recording No. 200-004753, records of Columbia County, Oregon, be declared a lien upon the Property for the amount of the judgment prayed for herein; 3. For judgment and decree that Plaintiff’s Trust Deed upon the Property be foreclosed, and that the title, claim, interest, or demand of defendants and each of them in said Property, and every part thereof, except their statutory rights of redemption, be foreclosed; 4. For judgment and decree that the Property, with all of its appurtenances, rights, privileges, and easements be sold on execution by the Sheriff for Columbia County, Oregon, after giving notice as required by law; that Plaintiff may be and become a purchaser at said sale; that the Sheriff give the purchaser thereof a Certificate of Sale and, unless the Property is redeemed before the expiration of the redemption period, a deed; that said purchaser have immediate possession of the Property, and every part thereof; and that said purchaser be entitled to such remedies as are available at law to secure such position, including a writ of assistance, if defendants or any other parties or persons shall refuse to immediately surrender possession to the purchaser; and 5. That the proceeds of the sale be applied as follows: first, to pay the costs and expenses of said sale; second, to pay the judgment of Plaintiff; and third, the overplus, if any, be paid to the Registry of the Court subject to further court order. C. THIRD CLAIM FOR RELIEF: 1. For judgment against defendant Estate of Pamela E. Smith aka Pamela S. Smith in the sum of $23,610.82, plus late fees of $1,139.39, less an escrow balance of $301.81, less an overage of $2.72, plus accrued interest of $1,151.03 through October 1, 2022, plus interest accruing thereafter at the rate of 9.750 percent per annum ($6.39 per diem) from October 2, 2022, until paid, plus title costs of $200.00, which sum accrues interest at the rate of 9.750 percent from October 2, 2022, until paid; 2. For Plaintiff’s attorney fees, costs, and disbursements incurred herein; and 3. For interest on the sum of paragraphs B1 and B2 at the rate of 9.750 percent per annum from the date judgment is entered, until paid in full. D. Such other relief as the Court deems just and equitable. NOTICE TO DEFENDANT: READ CAREFULLY!! YOU MUST APPEAR IN THIS CASE OR THE OTHER SIDE WILL WIN AUTOMATICALLY. TO APPEAR YOU MUST FILE WITH THE COURT A LEGAL PAPER CALLED A MOTION OR ANSWER. A MOTION OR ANSWER MUST BE GIVEN TO THE COURT CLERK OR ADMINISTRATOR WITHIN 30 DAYS FROM THE DATE OF FIRST PUBLICATION SPECIFIED HEREIN 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 UPON THE PLAINTIFF. IF YOU HAVE ANY 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. If you are a veteran of the armed forces, assistance may be available from a county veterans’ service officer or community action agency. Contact information for a local county veterans’ service officer and community action agency may be obtained by calling a 2-1-1 information service. This summons is published by order of the Honorable Cathleen B. Callahan, Judge of the above-entitled Court made on the 25th day of October, 2022, directing publication of this summons once each week for four consecutive weeks in a newspaper of general circulation in Columbia County, Oregon. Date of first publication: November 4, 2022 Date of last publication: November 25, 2022 Eleanor A. DuBay, OSB #073755 Of Attorneys for Plaintiff TOMASI BRAGAR DUBAY 121 SW Morrison, Suite 1850 Portland, OR 97204 Published Nov. 4, 11, 18 & 25, 2022 CCS262975

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