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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-12-28
Status Open
Type Real Property|Dispute Concerning Title
Docket 29 entries

Parties

Plaintiff Komosa, Henry
Defendant William A Hutchins And His Heirs/successors/assigns|Abbie J Hutchins And Her Heirs/successors/assigns|Henry H Hutchins Ahd His Heirs/successors/assigns|Charles E Hutchins And His Heirs/successors/assigns|Arthur W Hutchins Aka William Arthur Hutchins And His Heirs/successors/assigns|Julia A Hutchins And Her Heirs/successors/assigns|Jane Doe 1|Charles D Wood And His Heirs/successors/assigns|Tirzah J Wood And Her Heirs/successors/assigns|Harry D Wood And His Heirs/successors/assigns|Mabel A Wood And Her Heirs/successors/assigns|Jane Doe 2|Jane Doe 3

Docket Entries

  1. Attorney appearance On this date Mark Allan Tanner, Esq. added for Plaintiff Henry Komosa
  2. Case assigned to: DCM Track F - Fast Track was added on 12/28/2021
  3. Civil action cover sheet filed.
  4. Original civil complaint filed.
  5. Affidavit of Mark A Tanner, Esq.
  6. Plaintiff's MOTION for alternative service by means of publication for William A Hutchins and his Heirs/Successors/Assigns, Abbie J Hutchins and her Heirs/Successors/Assigns, Henry H Hutchins ahd his Heirs/Successors/Assigns, Charles E Hutchins and his Heirs/Successors/Assigns, Arthur W Hutchins aka William Arthur Hutchins and his Heirs/Successors/Assigns, Julia A Hutchins and her Heirs/Successors/Assigns, Charles D Wood and his Heirs/Successors/Assigns, Tirzah J Wood and her Heirs/Successors/Assigns, Harry D Wood and his Heirs/Successors/Assigns, Mabel A Wood and her Heirs/Successors/Assigns, Jane Doe 1, Jane Doe 2, Jane Doe 3.
  7. Endorsement on Motion for order of service by publication (#4.0): ALLOWED
  8. Order of notice by publication on diligent search for William A Hutchins and his Heirs/Successors/Assigns, Abbie J Hutchins and her Heirs/Successors/Assigns, Henry H Hutchins ahd his Heirs/Successors/Assigns, Charles E Hutchins and his Heirs/Successors/Assigns, Arthur W Hutchins aka William Arthur Hutchins and his Heirs/Successors/Assigns, Julia A Hutchins and her Heirs/Successors/Assigns, Julia A Hutchins and her Heirs/Successors/Assigns, Charles D Wood and his Heirs/Successors/Assigns, Tirzah J Wood and her Heirs/Successors/Assigns, Harry D Wood and his Heirs/Successors/Assigns, Mabel A Wood and her Heirs/Successors/Assigns, Jane Doe 2, Jane Doe 3 in The Recorder.
  9. Affidavit of service by publication
  10. Henry Komosa's request for Default 55(a) with military affidavit. Applies To: William A Hutchins and his Heirs/Successors/Assigns (Defendant); Abbie J Hutchins and her Heirs/Successors/Assigns (Defendant); Henry H Hutchins ahd his Heirs/Successors/Assigns (Defendant); Charles E Hutchins and his Heirs/Successors/Assigns (Defendant); Arthur W Hutchins aka William Arthur Hutchins and his Heirs/Successors/Assigns (Defendant); Julia A Hutchins and her Heirs/Successors/Assigns (Defendant); Jane Doe 1 (Defendant); Charles D Wood and his Heirs/Successors/Assigns (Defendant); Tirzah J Wood and her Heirs/Successors/Assigns (Defendant); Harry D Wood and his Heirs/Successors/Assigns (Defendant); Mabel A Wood and her Heirs/Successors/Assigns (Defendant); Jane Doe 2 (Defendant); Jane Doe 3 (Defendant)
  11. Plaintiff Henry Komosa's Motion for default judgment Pursuant to Mass. R. Civ. P. 55(b)2 and subject to Mass. R. Civ. P. 54(b)
  12. Proposed Filings/Orders Proposed Judgment and Order of the Court.
  13. Entered as to: Defendant William A Hutchins and his Heirs/Successors/Assigns: Defaulted by 55(a) request;
  14. Entered as to: Defendant Abbie J Hutchins and her Heirs/Successors/Assigns: Defaulted by 55(a) request;
  15. Entered as to: Defendant Henry H Hutchins ahd his Heirs/Successors/Assigns: Defaulted by 55(a) request;
  16. Entered as to: Defendant Charles E Hutchins and his Heirs/Successors/Assigns: Defaulted by 55(a) request;
  17. Entered as to: Defendant Arthur W Hutchins aka William Arthur Hutchins and his Heirs/Successors/Assigns: Defaulted by 55(a) request;
  18. Entered as to: Defendant Julia A Hutchins and her Heirs/Successors/Assigns: Defaulted by 55(a) request;
  19. Entered as to: Defendant Jane Doe 1: Defaulted by 55(a) request;
  20. Entered as to: Defendant Charles D Wood and his Heirs/Successors/Assigns: Defaulted by 55(a) request;
  21. Entered as to: Defendant Tirzah J Wood and her Heirs/Successors/Assigns: Defaulted by 55(a) request;
  22. Entered as to: Defendant Harry D Wood and his Heirs/Successors/Assigns: Defaulted by 55(a) request;
  23. Entered as to: Defendant Mabel A Wood and her Heirs/Successors/Assigns: Defaulted by 55(a) request;
  24. Entered as to: Defendant Jane Doe 2: Defaulted by 55(a) request;
  25. Entered as to: Defendant Jane Doe 3: Defaulted by 55(a) request;
  26. Document: A Default order Mass. R. Civ. P. 55(a) was generated and sent to: Plaintiff, Attorney: Mark Allan Tanner, Esq. Bacon Wilson P.C. 57 Center St, Northampton, MA 01060 Defendant: William A Hutchins and his Heirs/Successors/Assigns No addresses available Defendant: Abbie J Hutchins and her Heirs/Successors/Assigns No addresses available Defendant: Henry H Hutchins ahd his Heirs/Successors/Assigns No addresses available Defendant: Charles E Hutchins and his Heirs/Successors/Assigns No addresses available Defendant: Arthur W Hutchins aka William Arthur Hutchins and his Heirs/Successors/Assigns No addresses available Defendant: Julia A Hutchins and her Heirs/Successors/Assigns No addresses available Defendant: Jane Doe 1 No addresses available Defendant: Charles D Wood and his Heirs/Successors/Assigns No addresses available Defendant: Tirzah J Wood and her Heirs/Successors/Assigns No addresses available Defendant: Harry D Wood and his Heirs/Successors/Assigns No addresses available Defendant: Mabel A Wood and her Heirs/Successors/Assigns No addresses available Defendant: Jane Doe 2 No addresses available Defendant: Jane Doe 3 No addresses available
  27. The following form was generated: Notice to Appear Sent On: 03/22/2022 10:11:20
  28. JUDGMENT 55(b)2 entered for Plaintiff(s) Henry Komosa after Defendant(s) William A Hutchins and his Heirs/Successors/Assigns, Abbie J Hutchins and her Heirs/Successors/Assigns, Henry H Hutchins ahd his Heirs/Successors/Assigns, Charles E Hutchins and his Heirs/Successors/Assigns, Arthur W Hutchins aka William Arthur Hutchins and his Heirs/Successors/Assigns, Julia A Hutchins and her Heirs/Successors/Assigns, Jane Doe 1, Charles D Wood and his Heirs/Successors/Assigns, Tirzah J Wood and her Heirs/Successors/Assigns, Harry D Wood and his Heirs/Successors/Assigns, Mabel A Wood and her Heirs/Successors/Assigns, Jane Doe 2, Jane Doe 3 was/were defaulted. It is ORDERED and ADJUDGED: Count 1. M.G.L. c. 240s 6 Main Parcel 1. Henry Komosa owns the real property generally known as 222 Upper Road, Deerfield, Franklin County, Massachusetts, as shown on the plan attached hereto as exhibit A ("Plan") and as described in the Plaintiffs Complaint to Quiet Title ("Complaint") as the "Main Parcel" ("Main Parcel") in fee simple absolute free of any claim of right, title, estate, lien, or interest of any person or entity claiming an in interest in the Main Parcel. 2. All individuals claiming any right tittle or interest in the "Main Parcel are permanently enjoined from asserting any claim adverse to the Plaintiff's title in and to the Property. Count II. Adverse Possession as to the Triangle Lot and the Rail Road Parcel Triangle Lot. 3. Henry Komosa and his predecessors in interest have occupied the Triangle Lot as described in the Complaint and shown on the Plan as Triangle Lot ("Triangle Lot") actually, peaceably, openly, notoriously, exclusive, continuously and adversely under claim of right for a period exceeding twenty (20) years against William A. Hutchins, Abbie J. Hutchins, Henry H. Hutchins, Charles E. Hutchins, Arthur W. Hutchins a/k/a William Arthur Hutchins, Julia A. Hutchins, and their heirs, successors, and assigns, and Jane Doe 1, representing all other individuals claiming an in interest in the Triangle Lot Parcel and has thereby acquired by adverse possession any and all ownership interest that the said Defendants may have possessed in and to said Triangle Lot as described in the Plaintiffs' Complaint and shown on the Plan. 4. William A. Hutchins, Abbie J. Hutchins, Henry H. Hutchins, Charles E. Hutchins, Arthur W. Hutchins a/k/a William Arthur Hutchins, Julia A. Hutchins, and their heirs, successors, and assigns, and Jane Doe 1, representing all other individuals claiming any right title or interest in the Triangle Lot are permanently enjoined from asserting any claim adverse to the Plaintiff's title in and to the Triangle Lot. Rail Road Parcel 5.Henry Komosa and his predecessors in interest have occupied the Tail Road Parcel as described in the Complaint and shown on the Plan as Rail Road Parcel ("Rail Road Parcel") actually, peaceably, openly, notoriously, exclusive, continuously and adversely under claim of right for a period exceeding twenty (20) years against the Charles D. Wood, Tirzah j. Wood, Harry D. Wood, Mabel a Wood, and their heirs, successors, and assigns, and Jane Doe 2, representing all other individuals claiming an in interest in the Rail Road Parcel and has thereby acquired by adverse possession any and all ownership interest that the said Defendants may have possessed in and to said Rail Road Parcel as described in the Plaintiffs' Complaint and shown on the Plan. 6. Charles D. Wood, Tirzah j. Wood, Harry D. Wood, Mabel a Wood, and their heirs, successors, and assigns, and Jane Doe 2, representing all other individuals claiming any right, title, or interest in the Rail Road Parcel are permanently enjoined from asserting any claim adverse to the Plaintiff's title in and to the Rail Road Parcel. 7.The Plaintiff shall record a copy of this Judgment along with a certified cop of the Plaintiffs' Complaint to Quiet Title in the Registry of Deeds for Franklin County, Massachusetts.
  29. Event Result:: Pre-Trial Conference scheduled on: 09/23/2022 02:00 PM Has been: Canceled For the following reason: Case Disposed Hon. Richard J Carey, Presiding

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