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Case Information
Filed
2022-03-21
Status
Closed
Type
Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket
18 entries
Disposition
dismiss
Parties
Plaintiff
Canoni, Gary R.|Canoni, Barbara P.
Defendant
Maffei, Maureen R.|Frances Monahan, Dorothy|Maffei, Peter J.|Maffei, James V.|Maffei, Anthony|Nemec, Joyce|Maffei Iwuc, Lou Ann|Maffei, Jr., Andrew|Maffei, Thomas|Mahwhinney, Anna Mae|Shepard, Marilyn|Maffei, Jr., Waldo M.
Lawyers
Docket Entries
- Complaint filed.
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 429392 Date: 03/21/2022
- Land Court surcharge Receipt: 429392 Date: 03/21/2022
- Land Court summons Receipt: 429392 Date: 03/21/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Motion for Appointment of Special Process Server filed and ALLOWED. Counsel handed copy. Judge: Patterson, Deborah J.
- Motion for Approval of Memorandum of Lis Pendens, filed.
- Application for Order of Notice, filed.
- Affidavit of Attorney Authenticating Exhibits, filed.
- Summons and Hearing Notice issued on Application for Lis Pendens. Judge: Rubin, Hon. Diane R. Event: Hearing on Lis Pendens Date: 04/06/2022 Time: 02:00 PM Counsel mailed the Summons.
- Appearance of Jonathon David Friedmann, Esq. for Maureen R. Maffei Individually and as trustee of The Waldo M. Maffei Revocable Trust, Marilyn Shepard, Waldo M. Maffei, Jr., filed
- Event Resulted: Hearing on Lis Pendens scheduled on: 04/06/2022 02:00 PM Has been: Hearing on motion for approval of memorandum of lis pendens held via videoconference. Attorney Edward Gottlieb appeared on behalf of the plaintiffs and Attorney Jonathon Friedmann appeared on behalf of defendants Maureen Maffei, Marilyn Shepard, and Waldo Maffei, Jr. Defendants Joyce Nemec, Lou Ann Maffei-Iwuc, Thomas Maffei, and James S. Maffei appeared pro se. Before the court was Plaintiffs' Motion for Approval of Memorandum of Lis Pendens. With respect to service, Attorney Gottlieb advised that all defendants have been served, with original returns of service to be filed as soon as practicable, and an Application for Order of Notice has been filed with the court. Court confirmed with Attorneys Gottlieb and Friedmann and all defendants present that to the best of their knowledge all heirs of James Maffei have been identified. However, both Attorney Gottlieb and defendant Thomas Maffei expressed concern as to service on Anna Mae Mahwhinney, as she has previously been hospitalized and has a mental disability. Following colloquy, Attorney Gottlieb to file a motion for appointment of Guardian Ad Litem for Anna Mae Mahwhinney and an Affidavit of Due Diligence detailing his efforts to identify all the heirs of James Maffei and the correct addresses for those individuals, as well as his efforts to secure service. Attorney Gottlieb then advised that plaintiffs no longer own the property at 2 Dale Street, and that the new owners will be substituted in as plaintiffs by way of a motion, with Gary Canoni and Barbara Canoni, as Trustees of the Canoni Realty Trust, remaining in the case as the owners of 1 Dale Street. Following colloquy, Attorney Gottlieb to file an amended complaint substituting in the proper plaintiffs. Court explained to defendants what being a pro se party entails, including that the same rules of evidence and procedure apply to both represented and pro se litigants, and that the court cannot provide any legal assistance or advice. Court further encouraged defendants to retain counsel and advised them of the limited assistance representation ("LAR") program. Any defendant who chooses to proceed pro se is to file a notice of appearance in this matter. Using screenshare, the court then discussed with counsel the Sketch Plan attached to the Complaint as Exhibit 1. Attorney Gottlieb advised that plaintiffs seek title by adverse possession to Lots 1, 2, and 3, as shown on the Sketch Plan, which lie between 1 Dale Street and 2 Dale Street and allegedly were mistakenly omitted from historic deeds to those properties. He further advised that the "existing paved road" shown on the Sketch Plan is also known as an extension of Dale Street and is a private way, although the Town of Wellesley has some utility easement rights therein. Following colloquy, and as soon as practicable, Attorney Gottlieb to file with the court, and serve on all parties, an updated survey plan clearly demarcating the boundaries of 1 Dale Street and 2 Dale Street, Lots 1-3, the location of the extension of Dale Street (shown on the plan as "existing paved road") and any abutters thereto, as well as structures, paving, and any other detail that may be helpful to the court and the parties. Court DEFERS ruling on the Motion for Approval of Memorandum of Lis Pendens at the request of Attorney Gottlieb so that he may have an opportunity to file the updated survey plan. Plaintiffs further to consider adding as parties all those who may have an interest in extension of Dale Street. Attorney Friedmann then requested an extension of time to file an answer or other responsive pleading, so that defendants may have an opportunity to review the updated survey plan and engage in title work. Defendants, whether represented or pro se, to file any answer or responsive pleading by May 20, 2022. Further hearing scheduled for June 8, 2022, at 10:00 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/08/2022 Time: 10:00 AM
- Summons returned to Court with service on Peter J. Maffei, Waldo M. Maffei, Jr., Andrew Maffei, Jr. filed. Served by overnight U.S. Mail on March 23, 2022.
- Summons returned to Court with service on Marilyn Shepard, Thomas Maffei, Lou Ann Maffei-Iwuc, Joyce Nemec, Anthony Maffei, Maureen R. Maffei Individually and as trustee of The Waldo M. Maffei Revocable Trust filed. All served at the last and usual place of abode and by mailing first class mail on March 26, 2022 except Anthony Maffei who was served on March 28, 2022.
- Summons returned to Court with service on Anna Mae Mahwhinney, James V. Maffei, Maureen R. Maffei Individually and as trustee of The Waldo M. Maffei Revocable Trust, Dorothy Frances Monahan filed. Anna Mae Mahwhinney served in hand to Lou Ann Maffei-Iwuc on March 26, 2022; James V. Maffei served in hand to Dorothy Frances Monahan on March 26, 2022; Maureen R. Maffei served in hand on March 26, 2022; and Dorothy Frances Monahan served in hand to Maureen R. Maffei on March 26, 2022.
- Event Resulted: Status Conference scheduled on: 06/08/2022 10:00 AM Has been: Canceled For the following reason: Case Closed Hon. Diane R. Rubin, Presiding
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