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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-02
Status Open
Type Miscellaneous|Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1 (k)
Docket 53 entries

Parties

Plaintiff Lillie Mae Hailstock By Her Temporary Conservator Raffaela Witkin, Esq.
Defendant Lyons, Paul G.|Kenzie Bok As Administrator Of The Boston Housing Authority

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: 442941 Date: 08/02/2023
  4. Land Court surcharge Receipt: 442941 Date: 08/02/2023
  5. Land Court summons Receipt: 442941 Date: 08/02/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Plaintiffs' Ex-Parte Motion for Special Process Server, filed and ALLOWED. Counsel handed copy. Judge: Patterson, Deborah J.
  8. Plaintiff's Motion for Immediate Ex-Parte Hearing on Motion for Temporary Restraining Order Enjoining Defendant from Exercising any Control and Dominion Over the Real Estate at 42 Johnson Road, Dorchester, Massachusetts, filed and ALLOWED. Ex-Parte Hearing to be held on August 2, 2023. Judge: Vhay, Hon. Michael D.
  9. Plaintiff's Motion for Temporary Restraining Order Enjoining Defendant from Exercising any Control and Dominion over the Real Estate at 42 Johnston Road, Dorchester, Massachusetts, filed.
  10. Affidavit of Conservator Raffaela Witkin Supporting Plaintiff's Motion for Temporary Restraining Order and Short Order of Notice on Verified Complaint for Recision of Deed, Imposition of Constructive Trust in Favor of Plaintiff, and Declaratory Judgment Rendering the Defendant's DPOA Null and Void, filed.
  11. Affidavit in Support of Verified Complaint for Recision of Deed, Imposition of Constructive Trust in Favor of Plaintiff, and Declaratory Judgment Rendering the Defendant's DPOA Null and Void, filed.
  12. Summons and Hearing Notice issued on Application for Preliminary Injunction. Judge: Vhay, Hon. Michael D. Event: Hearing on Preliminary Injunction Date: 08/10/2023 Time: 10:00 AM
  13. Ex parte hearing held on Conservator Witkin's motion for temporary restraining order. The Conservator appeared at the Land Court, and the Court conducted the hearing telephonically. Upon review of the Conservator's complaint and supporting materials, the Court FINDS that immediate injury, loss, or damage will result to the Conservator if the Court does not grant relief before giving defendant Paul M. Lyons the opportunity to be heard. The Court thus GRANTS the Conservator's motion in part, and will issue a separate temporary restraining order pertaining to 42 Johnston Street and its rents. The Court has insufficient information and/or jurisdiction, however, to freeze all of Mr. Lyons's or Ms. Hailstock's bank accounts, as the Conservator hasn't identified the account(s) that receive rents from 42 Johnston Street. The Court ORDERS the parties to appear on August 10, 2023, at 10:00 AM for a "live" hearing at the Land Court on the Conservator's application to continue the restraining order past the conclusion of the August 10, 2023 hearing. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raffaela Witkin, Esq. [email protected] Sent On: 08/02/2023 11:29:33
  14. Cost of Issuance of TRO/PI Receipt: 442950 Date: 08/02/2023
  15. Temporary Restraining Order issued to Defendant Paul M. Lyons and your officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with you who receive actual notice of this order by personal service or otherwise are hereby enjoined until further order of this court from: conveying, selling, encumbering, spending, or dissipating (a) the real property at 42 Johnston Road in Dorchester, Massachusetts (the ¿Property¿) or (b) any rents paid by or on behalf of any current or former tenant of the Property, wherever such rents are held or deposited.
  16. Motion of Defendant Paul G. Lyons to Continue August 10, 2023 Hearing for Plaintiff's Application to Continue the Restraining Order Pas the Conclusion of August 10, 2023 Hearing to Retain Counsel, filed.
  17. Event Resulted: Hearing on Preliminary Injunction scheduled on: 08/10/2023 10:00 AM Has been: Held in person Hon. Michael D. Vhay, Presiding
  18. Plaintiff's Motion for Court Order Directing the Boston Housing Authority to Immediately Re-Direct all Payments for All Apartments Located at 42 Johnston Road, Dorchester, MA 02124, filed.
  19. Affidavit in Support of Plaintiff's Motion for Court Order Directing the Boston Housing Authority to Immediately Re-Direct All Payments for All Apartments Located at 42 Johnston Road, Dorchester, MA 02124, filed.
  20. Summons returned to Court with service on Paul G. Lyons filed.
  21. Proposed Court Order for the Boston Housing Authority to Immediately Re-Direct All Payments for All Apartments Located at 42 Johnston Road, Dorchester MA 02124, filed.
  22. Hearing held on the Guardian/Conservator's motion to continue the Court's temporary restraining order. The Guardian/Conservator appeared. Defendant Paul Lyons appeared representing himself. After hearing from the parties, the Court without opposition EXTENDS the restraining order issued on August 2, 2023, until further order of the Court. Prior to the hearing, the Guardian/Conservator filed a motion for a court order directing the Boston Housing Authority (BHA) to immediately re-direct all rental payments to the Conservator. The Court DENIES the motion without prejudice to the Guardian/Conservator renewing it if and when the BHA is served with process in this case. The Court nevertheless ORDERS Mr. Lyons to either (1) if he has the power to do so under whatever agreement he may have with the BHA, to direct BHA to make all further rent payments to the Guardian/Conservator; or (2) if he does not have that power, to so inform the Guardian/Conservator of that fact by August 24, 2023. The Court further ORDERS Mr. Lyons to create promptly an escrow account and, once created, deposit all other rent payments, both past and future, into that account, and to disclose to the Conservator by August 24, 2023, the name, address, and telephone number of the bank or other institution holding the escrow, plus the account's number. The Court ORDERS Mr. Lyons, by August 31, 2023, to file either a notice of appearance of his counsel in this case or a notice that Mr. Lyons chooses to proceed in this case for the moment without an attorney representing him. The Guadian/Conservator moved for judicial endorsement of a lis pendens memorandum. The Court GRANTS that request and ORDERS the Conservator to submit promptly the proposed memorandum. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raffaela Witkin, Esq. [email protected] Defendant: Paul G. Lyons [email protected] Sent On: 08/10/2023 14:46:48
  23. Plaintiff's Motion to Approve and Endorse A Memorandum of Lis Pendens, filed.
  24. Memorandum of Lis Pendens, filed.
  25. Plaintiff's Cerfication Pursuant to G.L.c.184, sec. 15., filed.
  26. Plaintiff's Certificate of Service, filed.
  27. Exhibit A, filed.
  28. The Court has received from the Temporary Guardian/Conservator an unsigned motion, dated today, to approve and endorse a memorandum of lis pendens. The Court DENIES the motion as moot, as (a) the Guardian/Conservator presented the motion orally at the August 10, 2023, hearing in this matter; and (b) the Court granted the motion at that time. The Court nevertheless will endorse, separately, the Guardian/Conservator's proposed form of memorandum. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raffaela Witkin, Esq. [email protected] Defendant: Paul G. Lyons [email protected] Sent On: 08/14/2023 11:56:26
  29. Judicial Endorsement of Memorandum of Lis Pendens, issued. (Copies emailed to Attorney Raffaela Witkin, and Pro Se Defendant Paul Lyons) Judge: Vhay, Hon. Michael D.
  30. Amended Verified Complaint for Rescission of Deed, Imposition of Constructive Trust in Favor of Plaintiff, and Declaratory Judgment Rendering the Defenant's DPOA Null and Void, filed.
  31. Complaint for Contempt, filed.
  32. Plaintiff's Second Ex-Parte Motion for Special Process Server, filed.
  33. The Court GRANTS the Conservator's motion for special process server. The Court DIRECTS the Recorder to issue a summons under Rule 65.3(d), Mass. R. Civ. P., on the Conservator's Complaint of Contempt, one directing the contempt parties to appear on September 11, 2023, at 2:30 PM. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raffaela Witkin, Esq. [email protected] Defendant: Paul G. Lyons [email protected] Sent On: 08/31/2023 09:26:38
  34. Summons and Hearing Notice issued on Complaint for Contempt. Judge: Vhay, Hon. Michael D. Event: Hearing on Complaint for Contempt Date: 09/11/2023 Time: 02:30 PM
  35. Appearance of Leonard A Frisoli, Esq. for Paul G. Lyons, filed
  36. Defendant, Paul G. Lyons' Motion to Dismiss Plaintiff's Complaint for Contempt, filed.
  37. The Court has received Mr. Lyons's motion to dismiss the Guardian/Conservator's Complaint for Contempt. The Court ORDERS the parties to appear for a hearing on the motion at 2:30 PM on September 11, 2023, the same time as the initial hearing on the contempt complaint, unless the Guardian/Conservator voluntarily dismisses the contempt complaint before then. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raffaela Witkin, Esq. [email protected] Defendant: Leonard A Frisoli, Esq. [email protected] Sent On: 09/07/2023 10:47:51
  38. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 09/11/2023 Time: 02:30 PM
  39. Plaintiff's Motion to Renew her Motion for Court Order Directing the Boston Housing Authority to Immediately Re-directing all Payments for All Apartments Located at 42 Johnston Road, Dorchester MA 02124, filed.
  40. Summons returned to Court with service on Paul G. Lyons filed. Summons and Hearing Notice on Contempt Complaint
  41. Event Resulted: Hearing on Complaint for Contempt scheduled on: 09/11/2023 02:30 PM Has been: Held in person Hon. Michael D. Vhay, Presiding
  42. Event Resulted: Hearing scheduled on: 09/11/2023 02:30 PM Has been: Held in person Hon. Michael D. Vhay, Presiding
  43. Summons returned to Court with service on Boston Housing Authority, Paul G. Lyons filed.
  44. Exhibit for Plaintiff's Motion to Renew her Motion for Court Order Directing the Boston Housing Authority to Immediately Re-directing all Payments for All Apartments Located at 42 Johnston Road, Dorchester MA 02124, filed.
  45. Hearing on (a) the Guardian/Conservator's Complaint for Contempt and (b) Mr. Lyons's motion to dismiss contempt complaint held, in-person. The parties appeared through counsel. After hearing from the parties, the Court DENIES Mr. Lyons' motion. The Court further DISMISSES the Guardian/Conservator's Complaint for Contempt as moot. The Court ORDERS that Mr. Lyons immediately send to the Guardian/Conservator, for deposit in escrow, all rents paid by any tenant of 42 Johnston Road, Dorchester, MA (a "Tenant" or "Tenants"), that Mr. Lyons, his servants, his agents, his employees, or his attorneys possess or hold, now or in the future (the "Rents"), until further order of Court. The Court ORDERS the Guardian/Conservator to hold the Rents in a separate escrow account (the "Escrow") and to account for all receipts by and disbursements from the Escrow as the Court may order. The Court ORDERS the Guardian/Conservator not to disburse or spend any funds from the Escrow without advance permission of the Court. Notwithstanding the preceding sentence, the Court ORDERS the Guardian/Conservator to pay promptly from the Escrow (should the Escrow hold sufficient funds) any invoice provided by Mr. Lyons for (1) homeowners' insurance, (2) real-estate taxes, (3) municipal water and sewer charges, and (4) qualifying tenant repairs, if such expenses have been incurred after the date of this Order. For purposes of this Order, a "qualifying tenant repair" is one that Mr. Lyons has disclosed to the Guardian/Conservator (along with the estimated cost of the repair) in advance of incurring costs for the repair. The Court ORDERS the Guardian/Conservator to prepare and send to Mr. Lyons by September 15, 2023, a letter (the "Notice") informing each Tenant that (i) the Guardian/Conservator has rescinded her notice(s) to quit, (ii) Tenant must pay all rents currently owed, and owed in the future, to the Guardian/Conservator for deposit in the Escrow, and (iii) requests for repairs and other building-management issues must be made to Mr. Lyons. The Court ORDERS Mr. Lyon to provide the Letter to each Tenant promptly, but no later than September 22, 2023. The Court ORDERS Mr. Lyons to serve on the Guardian/Conservator by September 18, 2023, a copy of each Tenant's current lease. The Court ORDERS the parties to appear by videoconference on September 22, 2023, at 2:30 PM for (a) a case management conference and (b) a hearing on the Guardian/Conservator's Motion for Court Order Directing the Boston Housing Authority to Immediately Re-directing all Payments for All Apartments Located at 42 Johnston Road, Dorchester MA 02124. The Court ORDERS the Guardian/Conservator to serve the Boston Housing Authority promptly with the notice of case management conference and her motion for court order. The Court further ORDERS the Guardian/Conservator to file by September 20, 2023 (x) a certificate of compliance with the preceding sentence and (y) the parties' joint case management conference report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raffaela Witkin, Esq. [email protected] Defendant: Leonard A Frisoli, Esq. [email protected] Sent On: 09/12/2023 13:28:58
  46. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 09/22/2023 Time: 02:30 PM
  47. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 09/22/2023 Time: 02:30 PM
  48. Defendant, Paul G. Lyons' Answer and Affirmative Defenses, filed.
  49. Case Management Conference Joint Statement, filed.
  50. Event Resulted: Hearing scheduled on: 09/22/2023 02:30 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  51. Event Resulted: Case Management Conference scheduled on: 09/22/2023 02:30 PM Has been: Held via video Hon. Michael D. Vhay, Presiding
  52. Case management videoconference held. All parties appeared through counsel. The Guardian/Conservator WITHDRAWS her motion regarding the Boston Housing Authority. After hearing from the parties, the Court ORDERS the parties to complete all discovery, both fact and expert, by December 22, 2023. The Court further ORDERS the parties to appear for a pre-trial conference on January 5, 2024 at 10:00 AM by Zoom. A separate pre-trial conference order will issue. The Court EXCUSES the BHA from appearing at the pre-trial conference. The Court PROHIBITS the parties from filing dispositive motions in this case without seeking leave of the Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Raffaela Witkin, Esq. [email protected] Defendant: Leonard A Frisoli, Esq. [email protected] Sent On: 09/22/2023 15:41:29
  53. Scheduled Judge: Vhay, Hon. Michael D. Event: Pre-Trial Conference Date: 01/05/2024 Time: 10:00 AM

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