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Case Information
Filed
2024-07-30
Status
Closed
Type
Ota Other
Docket
24 entries
Disposition
judgment entered
Parties
Plaintiff
Shattuck, Mary L.
Defendant
Paolucci, Susan|John M. Coffey, And Any Unknown Entities Or Persons As May Be His Heirs, Devisees Or Personal Representatives|Colby, Brian|Miller, Paula C.|Pellerin, Joan|Keefe, Alan L.|Keefe, David C.|Kerwan, John Edward|Creagan, Peg|Kerwan, Michael|Calvo, Patricia Kennedy|Kennedy, Jr., Richard|Lund, Deidre|Coffey, Kathleen|Coffey, Dennis|Coffey, Thomas|Mann, Eileen|Coffey, Mary Jane|Mc Mahan, Sara|Sentman, Susan Irene|Cahall, Maureen L.|Coffey, Michael P.|Coffey, Daniel M.|Heirs Of The Estate Of John M. Coffey
Docket Entries
- Default Judgment entered. (Copies emailed to Attorney Kurt Stuckel) Judge: Smith, Hon. Kevin T.
- Land Court miscellaneous filing fee Receipt: 452571 Date: 07/30/2024
- Land Court surcharge Receipt: 452571 Date: 07/30/2024
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff. (Courtesy copy received on 08/01/2024)
- The case has been assigned to the A Track. Notice sent. Judge: Smith, Hon. Kevin T. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Kurt F Stuckel, Esq. [email protected] Sent On: 08/07/2024 15:50:05
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 09/12/2024 Time: 09:15 AM
- Joint Statement per Case Management Conference Letter and Standing order No. 1-04, filed.
- Plaintiff's Motion for Order of Service by Publication on Any Potentially Interested Defendants Unknown or Unascertained, and Defendants Sara McMahan, Susan Irene Sentman and Daniel M. Coffey, filed.
- Event Resulted: Case Management Conference scheduled on: 09/12/2024 09:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding September 12, 2024. Case management conference held via videoconference. Attorney Kurt Stuckel appeared for the Plaintiff, Mary Shattuck. No one appeared for the defendants. This is an action for adverse possession concerning the property at 6 Smith Street, Townsend, against multiple defendants who are or may be heirs of or successors in interest to John M. Coffey who is the last known record owner of the property by virtue of an 1881 deed. The complaint alleges that the deed by which the plaintiff took title to the subject property is ambiguous concerning whether it actually describes 6 Smith Street and, therefore, whether it transferred title in 6 Smith Street to her in 2000. She now seeks a declaration that she is the fee simple owner of the property by adverse possession. Attorney Stuckel informed the court that he has obtained service on 21 of the named defendants. He has filed a motion for service by publication concerning all remaining possible heirs as identified in the complaint. The court ALLOWED the motion for service by publication. It was agreed that Attorney Stuckel would proceed to file requests for default on all defendants and a motion for default judgment in the event that no party files an appearance and opposes his request for relief. The Court advised counsel to send a copy of any request for default and motion for default judgment on all named defendants, regardless of whether he received confirmation of service. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Kurt F Stuckel, Esq. [email protected] Sent On: 09/16/2024 12:39:46
- Citation by publication in the Nashoba Valley Voice, returnable 11/12/2024, issued. (Copy emailed to Attorney Kurt F Stuckel)
- Return of Service Affidavit of Counsel Regarding Service of Process under Mass. R. Civ. P. 4(e) of 15 (fifteen) Defendants: (1) Susan Paolucci, (2) Paula C. Miller, (3) Joan Pellerin, (4) Alan L. Keefe, (5) John Edward Kerwan, (6) Peg Creagan, (7) Michael Kerwan, (8) Patrica Kennedy Calvo, (9) Richard Kennedy Jr., (10) Deidre Lund, (11) Kathleen Coffey, (12) Thomas Coffey, (13) Mary Jane Coffey, (14) Maureen L. Cahall and (15) Michael P. Coffey, filed. (Courtesy copy received)
- Return of Service Affidavit of Counsel Regarding Service of Process under Mass. R. Civ. P. 4(d) of 4 (four) Defendants: (1) Brian Colby, (2) David C. Keefe, (3) Dennis Coffey, (4) Eileen Mann, filed. (Courtesy copy received)
- Affidavit of Service by Publication Affidavit of Counsel Regarding Service of Process under Mass. R. Civ. P. 4(e)(5) and (i) on any unascertained, not in being or unknown persons and 3 (three) Defendants: (1) Sara McMahan, (2) Susan Irene Sentman, (3) Daniel M. Coffey, filed. (Courtesy copy received)
- Affidavit as to Military Service (Blue), filed. (Courtesy copy received)
- Affidavit as to Military Service (White), filed. (Courtesy copy received)
- Motion for General Default, filed. (Courtesy copy received)
- Request for Default pursuant to Mass. R.Civ.P.55(a) on Defendant Susan Paolucci, John M. Coffey, and any unknown entities or persons as may be his Heirs, Devisees or Personal Representatives, Brian Colby, Paula C. Miller, Joan Pellerin, Alan L. Keefe, David C. Keefe, John Edward Kerwan, Peg Creagan, Michael Kerwan, Patricia Kennedy Calvo, Richard Kennedy, Jr., Deidre Lund, Kathleen Coffey, Dennis Coffey, Thomas Coffey, Eileen Mann, Mary Jane Coffey, Sara McMahan, Susan Irene Sentman, Maureen L. Cahall, Michael P. Coffey, Daniel M. Coffey, Heirs of the Estate of John M. Coffey, filed. (Courtesy copy received)
- Rule 55 (b) Motion for Default Judgment, filed. (Courtesy copy received)
- Plaintiff's Memorandum of Law in Support of her Motion for Default Judgment under Rule 55 (b), filed. (Courtesy copy received)
- Affidavit of Counsel Regarding Service of Process of All Default Pleadings Filed with The Court on November 14, 2024, filed. (Courtesy copy received)
- Affidavit of Plaintiff's Counsel Regarding Service of Process for Defendants Susan Irene Sentman and Daniel M. Coffey and service of the Default Pleadings generally, filed.
- Defendant Susan Paolucci, John M. Coffey, and any unknown entities or persons as may be his Heirs, Devisees or Personal Representatives, Brian Colby, Paula C. Miller, Joan Pellerin, Alan L. Keefe, David C. Keefe, John Edward Kerwan, Peg Creagan, Michael Kerwan, Patricia Kennedy Calvo, Richard Kennedy, Jr., Deidre Lund, Kathleen Coffey, Dennis Coffey, Thomas Coffey, Eileen Mann, Mary Jane Coffey, Sara McMahan, Susan Irene Sentman, Maureen L. Cahall, Michael P. Coffey, Daniel M. Coffey, Heirs of the Estate of John M. Coffey defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.) Judge: Patterson, Deborah J.
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