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Case Information

Filed 2024-11-12
Status Open
Type Real Property Action Involving The Commonwealth, Municipality, Mbta, Etc.
Docket 17 entries

Parties

Plaintiff O'brien, William M.|Mc Guinness, Kelsey A.
Defendant Melrose Wakefield Healthcare, Inc.|Town Of Reading

Lawyers

Docket Entries

  1. JUDGMENT 55(b)2 entered for Plaintiff(s) Kelsey A. McGuinness, Kelsey A. McGuinness after Defendant(s) Town of Reading was/were defaulted. It is ORDERED and ADJUDGED: DEFAULT JUDGMENT (Mass. R. Civ. P. 55(b)) The Verified Complaint to Reform Deed, Quiet Title and for Adverse Possession in this action was filed on November 12, 2024. This action commenced to reform errors in a deed to property located at 305 South Street, Reading, Massachusetts (the Property ). Defendants, MelroseWakefield Healthcare, Inc. and Town of Reading, acquired title to the Property due to a purported conveyance under a power of attorney from Beatrice I. Campbell, recorded on April 20, 1989, with the Middlesex Registry of Deeds (the Registry ) in Book 19770, Page 068 (the POA Deed ). The POA Deed (a) lists the Grantor as Henry T. Libby . . . under a Power of Attorney from Beatrice I. Campbell . . . and (b) has a signature line indicating Henry T. Libby, under a Power of Attorney for Beatice I. Campbell . Due to the defective deed, title remained in the estate of Beatrice I. Campbell and subsequently passed pursuant to her Last Will and Testament, and upon the date of the commencement of this action, was held by Defendants MelroseWakefield Healthcare, Inc. and Town of Reading. Defendant MelroseWakefield Healthcare, Inc. has since released any interest it had in the Property, by release deed dated March 17, 2025 and recorded with Middlesex South Registry of Deeds at Book 83994, Page 398 and Plaintiff has since entered a Stipulation of Dismissal as to Defendant MelroseWakefield Healthcare, Inc. Defendant Town of Reading, having been duly served, and having failed to answer or otherwise appear within the time allotted, was defaulted pursuant to Mass. R. Civ. P. 55(a) on March 05, 2025. In light of Defendant Town of Reading s default, and after review of the record, the Verified Complaint, Plaintiffs Motion for Default Judgment, and the Memorandum in Support of Plaintiffs Motion for Default Judgment, Plaintiffs Motion is hereby ALLOWED. After due proceedings, it is ORDERED, ADJUDGED and DECLARED that the Deed from Henry T. Libby . . .under a Power of Attorney from Beatrice I. Campbell . . . to Richard E. Baldwin, dated April 19, 1989 recorded on April 20, 1989, with said Registry in Book 19770, Page 068, is reformed as of April 20, 1989, to list the grantor as Beatrice I. Campbell, under a power of Attorney to Henry T. Libby, her Attorney-in-Fact . It is further ORDERED, ADJUDGED, AND DECLARED that the Deed from Henry T. Libby . . .under a Power of Attorney from Beatrice I. Campbell . . . to Richard E. Baldwin, dated April 19 1989 and recorded with said Registry on April 20, 1989, in Book 19770, Page 068, is reformed as of April 20,1989, to list the signature line as: Beatrice I. Campbell, by Henry T. Libby, her Attorney-in-Fact . It is further ORDERED, ADJUDGED, AND DECLARED that Plaintiffs own the Property at 305 South Street, Reading, Massachusetts, free and clear of any right or claim of Defendant Town of Reading, all those claiming by, through, and under them, and their successors or assigns. It is further ORDERED, ADJUDGED, AND DECLARED that upon payment of the appropriate recording fees, a certified copy of this Judgment may be recorded with the Middlesex South Registry and marginally referenced on all relevant documents. SO ORDERED. By the Court (Campbell, C.) /s/ Cathleen E. Campbell
  2. Civil action cover sheet filed.
  3. Case assigned to: DCM Track A - Average was added on 11/12/2024
  4. Service Returned for Service Returned for Defendant Town of Reading: Service through person in charge / agent: Laura A. Gemme, Town Clerk on 11/13/24 at 16 Lowell St. Reading, MA.
  5. Service Returned for Defendant MelroseWakefield Healthcare, Inc.: Service through person in charge / agent; Kayla McEachern, Risk Management on 11/13/24 at 585 Lebanon St. Melrose, MA
  6. Default (1-88): Defendant MelroseWakefield Healthcare, Inc.: Defaulted under time standards;
  7. Default (1-88): Defendant Town of Reading: Defaulted under time standards; Applies To: MelroseWakefield Healthcare, Inc. (Defendant); Town of Reading (Defendant)
  8. Plaintiffs William M. O'Brien, Kelsey A. McGuinness's Motion to Extend the Time for Filing a Request for Default Judgment
  9. Attorney appearance On this date Gordon E Meyer, Esq. added as Private Counsel for Plaintiff Kelsey A. McGuinness
  10. Attorney appearance On this date John V Haskell, Esq. added as Private Counsel for Plaintiff Kelsey A. McGuinness
  11. Endorsement on Motion to extend time for (#5.0): ALLOWED Judge: Campbell, Hon. Cathleen E.
  12. Endorsement on Motion to extend the time for filing (#5.0): ALLOWED Judge: Campbell, Hon. Cathleen E.
  13. Plaintiffs William M. O'Brien, Kelsey A. McGuinness's Motion for Entry of Judgment of Default of Defendant Town of Reading Pursuant to Mass. R. Civ. P. 55(b)
  14. William M. O'Brien, Kelsey A. McGuinness's Memorandum in support of Plaintiffs' Motion for Default Judgment Against Defendant Town of Reading
  15. Party(s) file Stipulation of Dismissal With Prejudice Plaintiffs William M. O'Brien and Kelsey A. McGuinness hereby stipulate to the dismissal of this action as to MelroseWakefield Healthcare, Inc. pursuant to Mass. R. Civ. P. 41 (a) (1) (i), with prejudice. Applies To: O'Brien, William M. (Plaintiff); McGuinness, Kelsey A. (Plaintiff)
  16. Party status: Defendant MelroseWakefield Healthcare, Inc.: Voluntarily dismissed;
  17. Event Result:: Damage Assessment Hearing scheduled on: 08/11/2025 02:45 PM Has been: Held via Video/Phone Hon. Helene Kazanjian, Presiding Appeared: Plaintiff John V Haskell, Esq., Staff: Robin Petrucci, Assistant Clerk Magistrate (FTR)

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