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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 16 entries
Disposition judgment entered

Parties

Plaintiff Jaiswal, Rajesh
Defendant Powers, Kendra B.

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: 429411 Date: 03/21/2022
  4. Land Court surcharge Receipt: 429411 Date: 03/21/2022
  5. Land Court summons Receipt: 429411 Date: 03/21/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 04/26/2022 Time: 03:00 PM
  8. The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected] null: File Copy Sent On: 04/05/2022 07:47:28
  9. Summons returned to Court with service on Kendra B. Powers filed. Out of state service via certified mail.
  10. Case Management Conference Statement, filed.
  11. Event Resulted: Case Management Conference scheduled on: 04/26/2022 03:00 PM Has been: Held via video Hon. Gordon H. Piper, Presiding April 26, 2022. Case Management Conference held via videoconference. Attorney Kurt McHugh appeared for plaintiff. Despite notice, defendant did not appear. Attorney McHugh confirmed that plaintiff in this action seeks to reform a 1990 deed to include a parcel of land on Mill Street in Lancaster, Massachusetts that was allegedly omitted by mistake as a result of the deed's reference to an outdated plan. The parcel said to have been omitted, Lot B, is shown as measuring 19,925 square feet of land. Attorney McHugh indicated that the omitted parcel last was held of record by Franklin James, Sr., that all heirs of Franklin James, Sr. (whether direct or second-generation) have been established by adjudicated probates in the Probate and Family Court, and that plaintiffs have obtained release deeds from all such heirs except the sole defendant in this case, Kendra B. Powers, for whom a return of service (certified as made upon her in hand in Ocilla Georgia on April 4, 2022) has been filed with the court. Plaintiff may now request default enter under Mass. R. Civ. P. 55 (a) against the sole defendant, assuming she has not timely filed 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, supported by affidavit(s) and brief legal memorandum demonstrating entitlement to relief sought (including a demonstration that plaintiff has identified and served (or received title or releases from) all heirs, and that no further service by publication on unknown, unidentified, or unadjudicated heirs is necessary), and supplying proposed form of judgment. As the case now is pleaded, judgment to be sought (and, if appropriate, issued) only against the named defendant, Kendra B. Powers. When plaintiff files his request for judgment by default, plaintiff is to request the court to schedule a hearing under Mass. R. Civ. P. 55 (b) (2) and then to provide the defendant with the requisite notice of that hearing under that rule. (Piper, C.J.)
  12. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kurt McHugh, Esq. [email protected] null: File Copy Sent On: 04/27/2022 13:41:16
  13. Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Kendra B. Powers, filed.
  14. Defendant Kendra B. Powers defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Judge: Patterson, Deborah J.
  15. laintiff's Application for Entry of Default Judgment (pursuant to Mass. R. Civ. P. 55(b)(2) against Defendant Kendra B. Powers including Memorandum of Law, Military Affidavit, and Proposed Judgment and Certificate of Service, filed.
  16. efault Judgment entered. Judge: Piper, Hon. Gordon H. Copy emailed to Attorney McHugh on 12/3/2024.

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