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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2021-11-05
Status Closed
Type Miscellaneous|Mtb Try Title, G.l. Chapter 240, § 1 5
Docket 33 entries

Parties

Plaintiff Petruzziello, Michelina|Reda, Giuseppina
Defendant Bickel, Gail Davey|Lawrence, G. Andrew|Lawrence, Wayne Edwards|Lawrence, Richard Harold|Lawrence, Ronald William|Davey, Glenn|Taylor, Cythia Davey|Davey, Jonathan|Davey, Russell|Heirs Of The Estate Of, Emma E. Fairweather

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: 426392 Date: 11/05/2021
  4. Land Court surcharge Receipt: 426392 Date: 11/05/2021
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent.
  7. Appearance of Michael K Terry, Esq., Christopher J Petrini, Esq. for G. Andrew Lawrence, filed
  8. Affidavit of Service, filed by email.
  9. Notice of Docket Entry: On review of the Affidavit Of Service filed in this matter, service was not effective: both green cards are addressed to the same individual (Wayne Edward Lawrence) at the same address and a return of C19, COVID19 or similar language without a signature is not effective in the absence of a printout of the USPS tracking information with the number of the green card and the date and time of delivery. See Shaikh v. Patel, 29 LCR 258, 261-262 (2021). Email notice to: Attorney Alan B. Almeida; Attorney Brian C. Almeida; Attorney Michael K. Terry; and Attorney Christopher J. Petrini. Judge: Roberts, Hon. Jennifer S.D.
  10. Joint Motion for Enlargement of Time Pursuant to Mass.R.Civ.P. Rule 4(I) (for 90 days), filed by email.
  11. Joint Motion for Enlargement of Time Pursuant to Mass.R.Civ.P. Rule 4(I) (for 90 days) ALLOWED. Email notice to: Attorney Alan B. Almeida; Attorney Brian C. Almeida; Attorney Michael K. Terry; and Attorney Christopher J. Petrini. Judge: Roberts, Hon. Jennifer S.D.
  12. Joint Motion for Order of Notice by Publication Pursuant to G.L.c. 240, sec. 2 & Enlargement of Time for Service Pursuant to Mass.R.Civ.P. Rule 4(j), filed by email.
  13. Joint Motion for Order of Notice by Publication Pursuant to G.L.c. 240, sec. 2 & Enlargement of Time for Service Pursuant to Mass.R.Civ.P. Rule 4(j) ALLOWED. Email notice to: Attorney Alan B. Almeida; Attorney Brian C. Almeida; Attorney Michael K. Terry; and Attorney Christopher J. Petrini. . Judge: Roberts, Hon. Jennifer S.D.
  14. Citation by publication in the Boston Globe/Herald or Mass Law.Wkly, returnable 10/03/2022, issued.
  15. CORRECTION: Due to clerical error, the following correction was made to the docket on 02/03/2023: The corrected language is "Joint Motion for Enlargement of Time Pursuant to Mass.R.Civ.P. Rule 4(I) (for 90 days) ALLOWED." and the following original text is stricken: "Joint Motion for Order of Notice by Publication Pursuant to G.L.c. 240, sec. 2 & Enlargement of Time for Service Pursuant to Mass.R.Civ.P. Rule 4(j) ALLOWED.." Email notice to: Attorney Alan B. Almeida; Attorney Brian C. Almeida; Attorney Michael K. Terry; and Attorney Christopher J. Petrini.
  16. Notice of Docket Entry: At the request of all counsel, the "Joint Motion for Order of Notice by Publication Pursuant to G.L.c. 240, sec. 2 & Enlargement of Time for Service Pursuant to Mass.R.Civ.P. Rule 4(j)" has been withdrawn. Email notice to: Attorney Alan B. Almeida; Attorney Brian C. Almeida; Attorney Michael K. Terry; and Attorney Christopher J. Petrini. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan Brian Almeida, Esq. [email protected] Plaintiff: Brian Charles Almeida, Esq. [email protected] Defendant: Michael K Terry, Esq. [email protected] Defendant: Christopher J Petrini, Esq. [email protected] Sent On: 02/06/2023 12:08:46
  17. Amended Petition to Try Title to 20 Felix Street, Dedham, MA 02026 Pursuant to G.L.c. 240 sec. 1-5, filed.
  18. Agreement for Judgment, filed.
  19. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference VIA EMAIL. Date: 02/22/2023 Time: 09:00 AM Email notice to: Attorney Alan B. Almeida; Attorney Brian C. Almeida; Attorney Michael K. Terry; and Attorney Christopher J. Petrini.
  20. Event Resulted: Status Conference scheduled on: 02/22/2023 09:00 AM Has been: Held via video. Attorney Brian C. Almeida appeared for plaintiffs and Attorney Michael K. Terry appeared for defendant G. Andrew Lawrence. The court outlined its issues with the parties' submitted agreement for judgment. First, the court noted that the other defendants listed on the docket did not appear to have been served. The court noted that a judgment could not enter against any party who had not been properly served. Second, there are other unknown and unnamed defendants, for whom no affidavit of diligent search has been filed, who may or may not have been served with the citation that issued in August 2022. In order to assess the efficacy of service by citation, a diligent search will need to be conducted. After discussion about how best to proceed, Attorney Almeida stated that he will amend the complaint to assert a claim to quiet title (G.L. c. 240, §§ 6-11), name the identified individuals along with the heirs of Ms. Fairweather as defendants, and submit a diligent search affidavit. If Attorney Almeida has not filed and served these documents earlier, then the court will contact him on March 24, 2023 to request a status report. Email notice to: Attorney Brian C. Almeida and Attorney Michael K. Terry. Hon. Jennifer S.D. Roberts, Presiding
  21. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan Brian Almeida, Esq. [email protected] Plaintiff: Brian Charles Almeida, Esq. [email protected] Defendant: Michael K Terry, Esq. [email protected]
  22. Amended Petition to Try Title to 20 Felix Street, Dedham, MA 02026 Pursuant to G.L.c. 240 sec. 6-11, filed by email.
  23. Affidavit of Diligent Search, filed by email.
  24. Notice of Docket Entry: Upon review of plaintiffs' Affidavit Of Diligent Search, plaintiffs are instructed to serve Gail Davey Bickel, Glenn Davey and Cynthia Davey Taylor pursuant to Mass. R. Civ. P. 4(e) and to provide the court with a supplemental affidavit regarding plaintiffs' attempts to locate addresses for Jonathan Davey and Russell Davey. Email notice to: Attorney Alan B. Almeida; Attorney Brian C. Almeida; and Attorney Michael K. Terry. Judge: Roberts, Hon. Jennifer S.D. Notice of Docket Entry was generated and sent to: Plaintiff: Alan Brian Almeida, Esq. [email protected] Plaintiff: Brian Charles Almeida, Esq. [email protected] Defendant: Michael K Terry, Esq. [email protected]
  25. Appearance of Michael K Terry, Esq. for Gail Davey Bickel, Glenn Davey, Cythia Davey Taylor, Jonathan Davey, Russell Davey, filed Notice of Appearance & Acceptance of Service, filed by email.
  26. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 03/16/2023 Time: 09:30 AM Email notice to: Attorney Alan B. Almeida; Attorney Brian C. Almeida; and Attorney Michael K. Terry.
  27. Event Resulted: Case Management Conference scheduled on: 03/16/2023 09:30 AM Has been: Held via video. Attorney Brian C. Almeida appeared for plaintiffs and Attorney Michael K. Terry appeared for defendants. The court informed Attorney Almeida, that because his clients' rights arise out of a claim for adverse possession as opposed to claims arising from deeded rights, the two counts brought to try title and to quiet title must be dismissed (one must have record title to pursue either claim). In response to the court's inquiry, Attorney Almeida reported that the citation issued in August 2022 was published, despite the lack evidence on the docket reflecting that fact. Attorney Almeida reported that he would file the publication materials shortly. Email notice to: Attorney Brian C. Almeida and Attorney Michael K. Terry. Hon. Jennifer S.D. Roberts, Presiding
  28. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Alan Brian Almeida, Esq. [email protected] Plaintiff: Brian Charles Almeida, Esq. [email protected] Defendant: Michael K Terry, Esq. [email protected]
  29. Affidavit of Publication Notice (with attached tear sheet), filed by email.
  30. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Emma E. Fairweather Heirs of the Estate of, filed.
  31. Defendant Emma E. Fairweather Heirs of the Estate of defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  32. Verified Motion for Entry of Default and Default Judgment Against the Heirs of Emma E. Fairweather Pursuant to Mass.R.Civ.P. Rules 55(a) & (b), filed by email.
  33. Joint Motion for Approval of Agreement for Judgment Pursuant to Land Court Rule 10, filed by email.

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