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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-13
Status Open
Type Miscellaneous|Cot Remove Cloud On Title, G.l. Chapter 240, § 6 10
Docket 30 entries

Parties

Plaintiff Immonen, Michael L.|Barton, Lynne W.
Defendant Vey, Robert J.|Cusick, Jr., Paul V.|Westman, Shirley J.|Eglinton, Wendy I.|Navins, Richard R.|Smith, Thomas H.|Smith, Anne K.|Branca, William J.|Branca, Maureen J.|Gudas, Linda Sayler|Sayler, Michael M.|Quenzel, Keith|Quenzel, Judith|Vogt, Stephen C.|Vogt, Marilyn|Judge, Laura Dwyer|Gardner, Francis L.|Cavanaugh, Ronald J.|Mitchell, Susan|Mitchell, Edward|Mitchell, Ryan E.|Cavanaugh, Sheila|Cavanaugh, Nancy|Cavanaugh, Jr., Ronald J.|Cavanaugh, Thomas F.|Town Of Bourne|Any Person Claiming Any, Interest In Hill Street

Lawyers

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 439018 Date: 03/13/2023
  4. Land Court surcharge Receipt: 439018 Date: 03/13/2023
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Affidavit of Ian C. Hedges, filed.
  7. Affidavit of Non-Use (Michael I. Immonen), filed.
  8. Affidavit of Non-Use (Lynne W. Barton), filed.
  9. Plaintiff's Motion for Alternate Service by Publication, filed.
  10. The case has been assigned to the A Track. Notice sent.
  11. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA ZOOM Date: 04/06/2023 Time: 09:30 AM Email notice to: Attorney Ian C. Hedges.
  12. Event Resulted: Status Conference scheduled on: 04/06/2023 09:30 AM Has been: Held via video. Attorney Ian C. Hedges appeared for plaintiffs and no appearance was made by or on behalf of the defendants. The court outlined its concerns about the failure to name particular defendants in the complaint, in particular (1) the town, which appears to hold title to the first twenty feet of the way, (2) possibly the owner of Lot 116 ½ abutting Circuit Avenue, and (3) possibly other owners on Hill Street who might claim rights over the way. The court set a deadline for April 13, 2023 for Attorney Hedges to file an amended complaint. Once that has been filed and the named defendants have been served, the court will schedule a Case Management Conference. Email notice to: Attorney Ian C. Hedges. Hon. Jennifer S.D. Roberts, Presiding
  13. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ian C Hedges, Esq. [email protected]
  14. First Amended Complaint, filed by email.
  15. Letter from Defendant Robert J. Vey, Trustee of the Vey Family Realty Trust, who indicates: "...hereby relinquish any and all rights that the trust may have to a 15 by 20 foot Paper Street designated as Hill Street.", filed.
  16. Appearance of Bryan F Bertram, Esq. for Town of Bourne, filed
  17. Answer of the Defendant Town of Bourne, filed.
  18. Plaintiff's Motion for Leave of Court to Amend Complaint, Pursuant to Mass.R.Civ.P. 15(a) to Amend Defendants, filed.
  19. Second Amended Complaint, filed.
  20. Plaintiff's Motion for Leave of Court to Amend Complaint, Pursuant to Mass.R.Civ.P. 15(a) to Amend Defendants ALLOWED. Email notice to: Attorney Ian C. Hedges and Attorney Bryan F. Bertram. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ian C Hedges, Esq. [email protected] Defendant: Bryan F Bertram, Esq. [email protected]
  21. Second Amended Complaint, filed.
  22. Summons returned to Court with service on Robert J. Vey Trustee of the Vey Family Realty Trust, Paul V. Cusick, Jr. Trustee of the Hillbourne Nominee Trust, Shirley J. Westman Trustee of the Shirley J. Westman Revocable Trust, Thomas H. Smith, Anne K. Smith, Maureen J. Branca, Linda Sayler Gudas Trustee of the Linda Sayler Gudas Revocable Trust - 1996, Michael M. Sayler Trustee of the Michael M. Sayler Trust - 2014, Keith Quenzel, Judith Quenzel, Stephen C. Vogt, Marilyn Vogt also known as Marilyn Judge-Vogt, Laura Dwyer Judge, Francis L. Gardner, Sheila Cavanaugh, Nancy Cavanaugh, Ronald J. Cavanaugh, Jr., Thomas F. Cavanaugh, Ronald J. Cavanaugh, Jr., Town of Bourne filed. As to Robert J. Vey Trustee - 05/16/2023: Service by leaving at the last and usual place of abode and by mailing 1st class; As to Paul V. Cusick, Jr., Trustee - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Shirley J. Westman, Trustee - 06/06/2023: Service by leaving at the last and usual place of abode and mailing1st class; As to Thomas H. Smith - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Anne K. Smith - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to William J. Branca - 05/22/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Maureen J. Branca - 05/22/2023: Service by leaving at the last and usual place of abode; As to Linda Sayler Gudas, Trustee - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Michael M. Sayler, Trustee - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Keith Quenzel - 05/19/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Judith Quenzel - 05/19/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Stephen C. Vogt - 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Marilyn Vogt a/k/a Marilyn Judge-Vogt: 05/16/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Laura Dwyer Judge - 05/19/2023: Service by leaving at the last and usual place of abode; As to Francis L. Gardner - 06/02/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Sheila (Cavanaugh) Manditch - 06/05/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Nancy Cavanaugh - 05/17/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Ronald J. Cavanaugh, Jr. - 05/17/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Thomas F. Cavanaugh - 05/19/2023: Service by leaving at the last and usual place of abode and mailing 1st class; As to Ronald J. Cavanaugh - 06/12/2023: Service in hand; As to Town of Bourne - 05/17/2023: Service by mailing certified mail to: Erica Flemming, Treasurer.
  23. Summons returned to Court with service on filed.
  24. Plaintiff's Motion to Waive Service of a Summons & Complaint, and Waive the Opportunity to File a Responsive Pleading for Defendants Ryan E. Mitchell and Edward Mitchell, filed.
  25. Consent to Entry of Judgment (by Defendant, Ryan E. Mitchell, Heir of the Estate of Susan Mitchell), filed.
  26. Consent to Entry of Judgment (by Defendant, Edward Mitchell, Heir of the Estate of Susan Mitchell), filed.
  27. Defendants Ryan E. Mitchell and Edward Mitchell having appeared in this action by the filing of consents to the entry of judgment, Plaintiff's Motion To Waive Service Of A Summons & Complaint, And Waive The Opportunity To File A Responsive Pleading For Defendants Ryan E. Mitchell And Edward Mitchell is ALLOWED. Email notice to: Attorney Ian C. Hedges and Attorney Bryan F. Bertram. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Ian C Hedges, Esq. [email protected] Defendant: Bryan F Bertram, Esq. [email protected]
  28. Plaintiff's Motion for Default Judgment Pursuant to 55(b), filed.
  29. Military Affidavit, filed.
  30. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Robert J. Vey Trustee of the Vey Family Realty Trust, Paul V. Cusick, Jr. Trustee of the Hillbourne Nominee Trust, Shirley J. Westman Trustee of the Shirley J. Westman Revocable Trust, Wendy I. Eglinton Trustee of the Shirley J. Westman Revocable Trust, Richard R. Navins Trustee of the Shirley J. Westman Revocable Trust, Thomas H. Smith, Anne K. Smith, William J. Branca, Maureen J. Branca, Linda Sayler Gudas Trustee of the Linda Sayler Gudas Revocable Trust - 1996, Michael M. Sayler Trustee of the Michael M. Sayler Trust - 2014, Keith Quenzel, Judith Quenzel, Stephen C. Vogt, Marilyn Vogt also known as Marilyn Judge-Vogt, Laura Dwyer Judge, Francis L. Gardner, Ronald J. Cavanaugh, Edward Mitchell, Ryan E. Mitchell, Sheila Cavanaugh, Nancy Cavanaugh, Ronald J. Cavanaugh, Jr., Thomas F. Cavanaugh, Interest In Hill Street Any Person Claiming Any, filed.

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