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Case Information
Filed
2022-09-27
Status
Open
Type
Miscellaneous|Mtb Try Title, G.l. Chapter 240, § 1 5
Docket
10 entries
Parties
Plaintiff
Shapiro, Keith M.
Defendant
Mc Dermott, Annie A.|Omasz, Olga M.|Ryan, Nancy A.|Pezza, James Joseph
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 434519 Date: 09/27/2022
- Land Court surcharge Receipt: 434519 Date: 09/27/2022
- Land Court summons Receipt: 434519 Date: 09/27/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the A Track. Notice sent.
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 10/25/2022 Time: 02:30 PM
- Case Management Conference Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 10/25/2022 02:30 PM Has been: Held via video Hon. Gordon H. Piper, Presiding October 25, 2022. Case Management Conference Held via videoconference. Attorney Herbert Boudreau appeared for the plaintiff. This case concerns an anomaly in the title to property located at 73 Clark Street in Framingham, whereby a strip of land approximately 90 feet by 13 feet ("13-Foot Strip"), which previously had been included in a larger parcel measuring 90 feet by 50 feet ("Original Parcel"), was, for unknown reasons, held back from a 1934 deed, and not conveyed with the remainder of the Original Parcel. In 1945, three out of five co-tenants appearing still to hold record title to the 13 Foot Strip conveyed it back into the same chain of title as the Original Parcel earlier conveyed in 1934. The Plaintiff, who holds under deeds of the land which describe the plaintiff's parcel as including the full fifty foot wide piece, now seeks to establish record title to all of the Original Parcel, including the 13-Foot Strip, free and clear of the interests of the two co-tenants, Annie McDermott and Joseph Driscoll, who did not execute the 1945 deed reconveying the 13-Foot Strip. Plaintiff seeks to proceed on a theory of adverse possession or ouster as against the current holders of these two-fifths interests in what was the 13-Foot Strip. Attorney Boudreau reported that after searching census records and other secondary sources, he believes Annie McDermott to be deceased, but that plaintiff has been unable to locate any adjudication of her heirs. Joseph Driscoll also is deceased, with two living putative heirs who have succeeded to his share in the 13-Foot Strip. Attorney Boudreau further reported that those heirs, Olga M. Tomasz and Nancy A. Ryan, have delivered (or promptly will deliver) deeds conveying to the plaintiff their interest in the strip. The third putative heir of Joseph Driscoll, James Joseph Pezza, died in 1991 while living in Connecticut, but Attorney Boudreau has been unable to locate an adjudication of his heirs. Attorney Boudreau informed the court of his intention to conduct further investigation into James Joseph Pezza's estate in Connecticut through the assistance of local counsel. Attorney Boudreau also uncovered a death certificate for one Annie McDermott in Newton, and intends to explore further the possibility that this may refer to the same Annie McDermott who was previously of Framingham and a title holder as to locus. The court will take no action at this time on plaintiff's motion for alternative service. Plaintiff may renew that motion at such time as Attorney Boudreau files a supplemental affidavit of diligent search indicating his further attempts to investigate the possible heirs of Joseph Driscoll, James Joseph Pezza and Annie McDermott. Following return dates on all summonses and any published citations, plaintiff to request default enter under Mass. R. Civ. P. 55(a) against all parties not timely filing an answer or responsive pleading. Upon entry of default, plaintiff to file request pursuant to Mass. R. Civ. P. 55(b)(2) for default judgment and notify all parties actually served of any scheduled hearing on the same at least fourteen days in advance of the hearing. Alternatively, if any additional party appears or answers, plaintiff to request further hearing with the court. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically and by mailing of hard copies to the court, with indication that electronic filings were made simultaneously. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Herbert William Boudreau, Jr., Esq. [email protected] Sent On: 10/26/2022 15:49:24
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