Order for Alternate Service - Kostick's v. Wisniewski - 9/27/23

STATE OF MICHIGAN 18th Judicial Circuit Court for the County of Bay. File No. 23-3613-CH. Hon. Joseph K. Sheeran. John J. Kostick & Patricia M. Kostick (Plaintiffs) vs. August Wisniewski, his heirs, and his unknown heirs, devisees and assigns (Defendant). Dill Law PLC; By: Colin M. Dill (P70861), Attorney for Plaintiffs, 4855 State Street, Suite 4, Saginaw, Michigan 48603-3891, telephone: 989-792-3434. Order Granting Plaintiffs’ Ex Parte Motion for Alternate Service. Plaintiffs have filed an ex parte motion for alternate service. Based on the verified statements of counsel in that motion, the Court hereby finds: (1) Plaintiffs have made reasonable efforts to locate the whereabouts of defendant to effect personal service under MCR 2.105(A). These efforts are detailed in paragraph 3 of Plaintiffs’ motion. (2) These efforts have been unsuccessful. Based on these findings, the Court hereby orders: (1) Plaintiffs’ ex parte motion for alternate service is granted. (2) Within 7 days of entry of this order, Plaintiffs shall request that a publication complaint within MCR 2.106 publish the following notice once weekly during the three consecutive weeks following request:
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18th Circuit Court; John J. Kostick and Patricia M. Kostick, Plaintiffs v. August Wisniewski, his heirs, his unknown heirs, devisees and assigns, Defendant; Case No. 23-3613-CH; Hon. Joseph K. Sheeran, Presiding. An action has been commenced by Plaintiffs, John J. Kostick and Patricia M. Kostick, against Defendant, August Wisniewski, his heirs, his unknown heirs, devisees, and assigns, to quiet title to real estate in the City of Bay City, County of Bay, and State of Michigan, commonly known as 711 S. Birney Street, Bay City, Michigan 48708, and legally described as follows: Lot Nine (9), Block Eight (8), The Backus Addition to Bay city, Michigan, as per plat thereof on record in the office of the Register of Deeds for Bay County, Michigan. Defendant must answer or take other action permitted by law within 28 days after the last date of publication. If Defendants do not answer or take other action within the time allowed, a default judgment may be entered against them for relief demanded in the complaint filed in this case. It is further ordered that proof of publication shall be filed with this court. Date: September 14, 2023. Signed by: HON. Joseph K. Sheeran, Circuit Judge (P28575). Countersigned: Debra Foster, Deputy Clerk. Dated: September 15, 2023. 39-3
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