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Case Information
Filed
2023-01-30
Status
Closed
Type
Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket
42 entries
Disposition
judgment entered
Parties
Plaintiff
1900 Capital Trust Ii, By Us Bank N.a. Not In Its Individual Capacity By Solely As Certificate Trustee
Defendant
Martin, Karen A.|Martin, Sr., Joseph R.
Lawyers
Docket Entries
- omplaint filed.
- ase assigned to the Average Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 437870 Date: 01/30/2023
- and Court surcharge Receipt: 437870 Date: 01/30/2023
- and Court summons Receipt: 437870 Date: 01/30/2023
- niform Counsel Certificate for Civil Cases filed by Plaintiff.
- he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Sharon M Petrillo, Esq. [email protected] Defendant: Karen A. Martin No addresses available Defendant: Joseph R. Martin, Sr. No addresses available Sent On: 03/06/2023 11:15:01
- vent Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 04/04/2023 Time: 09:00 AM
- ummons returned to Court with service on Karen A. Martin filed. Left at last and usual place of abode on March 8, 2023.
- ummons returned to Court with service on Joseph R. Martin, Sr. filed. Left at last and usual place of abode on March 8, 2023.
- laintiff's Case Management Conference Statement, filed (by email).
- vent Resulted: Case Management Conference scheduled on: 04/04/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding April 4, 2023. Case management conference held via videoconference. Early intervention event held. Attorney Sharon Petrillo appeared for the plaintiff. No other party appeared. This is an action to remove a cloud on title resulting from a disclaimer in the deed which did not effectively convey interest in the property. Attorney Petrillo indicated that service had been effectuated on the defendants at their last and usual place of abode, but there has been no contact from the defendants. Attorney Petrillo intends to move forward with a request to enter default and motion for default judgment, and also indicated her intent to serve those on the defendants by certified mail. The plaintiff should file a draft proposed judgment with its motion for default judgment that accurately describes the requested relief. Following colloquy, the court scheduled a status conference for May 3, 2023 at 9am. (Smith, J.).
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 05/03/2023 Time: 09:00 AM
- equest for Entry of Default Pursuant to M.R.C.P. 55(a), filed (by email).
- ffidavit in Support of Request for Entry of Default Pursuant to M.R.C.P. 55(a), filed (by email).
- vent Resulted: Status Conference scheduled on: 05/03/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding May 18, 2023. Motion hearing held via videoconference. Attorney Andrea Nuciforo appeared for the plaintiff. Attorney Michael Hashim appeared for the defendants. Before the court was defendants' motion to dismiss and plaintiff's opposition to the motion to dismiss. Defendants argue that this action should be dismissed for failure to state a claim upon which relief can be granted pursuant to Mass. R. Civ. P. 12(b)(6), and, most significantly, because venue is improper and the Land Court lacks subject matter jurisdiction over claims brought under the Massachusetts Uniform Trust Code and G. L. c. 203E. Plaintiff opposes the motion to dismiss, arguing that jurisdiction is proper under G. L. c. 185 1(k) and citing Perry v. Lauria, 22 LCR 585 (2014), a case in which claims under a nominee trust were heard by the Land Court because the trust related to ownership of real property. Defendants argue that Perry v. Lauria is distinguishable from the plaintiff's case because her case does not raise a question concerning a right, title, or interest in real property, but rather asks this court for a declaration of the plaintiff's interest in the trust as beneficiary. Plaintiff argues that the complaint seeks a declaration as to the plaintiff's ownership interest in real property as a beneficiary of the trust. Following argument, the plaintiff requested leave to amend the complaint. The court granted the request, but Attorney Nuciforo then indicated that the plaintiff is unlikely to file an amended complaint. The court took this matter under advisement. A decision will issue in due course, at which time the court will schedule a status conference, if appropriate. (Smith, J.).
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sharon M Petrillo, Esq. [email protected] Sent On: 05/18/2023 13:51:34
- ay 3, 2023. Status conference held via videoconference. Attorney Sharon Petrillo appeared for the plaintiff. No other party appeared. Attorney Petrillo reported that she has not received any communication from the defendants in this case. All communications, including the notice of default pursuant to Mass. R. Civ. P. 55(a), have been sent to defendants by certified mail. Once Attorney Petrillo receives confirmation that all defendants have received the notice of default, the plaintiff will file a motion for entry of default judgment. The court indicated that it is likely to rule on the papers without further hearing. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Sharon M Petrillo, Esq. [email protected] Sent On: 06/23/2023 11:04:20
- equest for Entry of Default, ALLOWED (Smith, J.).
- efendant Karen A. Martin, Joseph R. Martin, Sr. defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
- otion for Entry of Default Judgment Against Defendants Pursuant to Rule 55(b), filed.
- ffidavit of Service Member Status, filed.
- ROPOSED Final Judgment, filed.
- ORRECTION: Due to clerical error, the following correction was made to the docket on June 23, 2023.: The corrected language is "May 3, 2023. Status conference held via videoconference. Attorney Sharon Petrillo appeared for the plaintiff. No other party appeared. Attorney Petrillo reported that she has not received any communication from the defendants in this case. All communications, including the notice of default pursuant to Mass. R. Civ. P. 55(a), have been sent to defendants by certified mail. Once Attorney Petrillo receives confirmation that all defendants have received the notice of default, the plaintiff..." and the following original text is stricken: "May 18, 2023. Motion hearing held via videoconference. Attorney Andrea Nuciforo appeared for the plaintiff. Attorney Michael Hashim appeared for the defendants. Before the court was defendants' motion to dismiss and plaintiff's opposition to the motion to dismiss. Defendants argue that this action should be dismissed for failure to state a claim upon which relief can be granted pursuant to Mass. R. Civ. P. 12(b)(6), and, most significantly, because venue is improper and the Land Court lacks...."
- tatus Report, filed.
- cheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 08/16/2023 Time: 02:00 PM
- vent Resulted: Status Conference scheduled on: 08/16/2023 02:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding August 16, 2023. Status conference held via videoconference. Attorney Sharon Petrillo appeared for the plaintiff. The court scheduled this status conference for the purpose of reviewing the motion for default judgment, filed by the plaintiff on May 24, 2023. Attorney Petrillo reviewed with the court the exhibits supporting the requested relief and the efforts the plaintiff has made to ensure that the defendants have received notice of all filings in this case. Attorney Petrillo indicated that there may be pleadings from a bankruptcy proceeding involving the defendants which would be relevant to the relief requested by the plaintiff. Following discussion, the court instructed the plaintiff to file any supplemental exhibits which further support the relief requested. The court will likely rule on the papers without further hearing. (Smith, J.).
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sharon M Petrillo, Esq. [email protected] Sent On: 08/21/2023 12:41:47
- emorandum in Support of Plaintiff's Motion for Entry of Default Judgment Against Defendants, filed.
- ertificate of Service, filed.
- efault Judgment (Mass. R. Civ. P. 55(b)) entered. (Copies emailed to Attorney Sharon Petrillo) Judge: Smith, Hon. Kevin T.
- ppearance of Charles Sclafani, Esq. for Karen A. Martin, filed
- efendant Karen A. Martin's Motion for Relief from Judgment, Nunc Pro Tunc and Request for Oral Argument to be Heard by Honorable Kevin T. Smith, filed. (Courtesy copy received)
- efendant Karen A. Martin's Memorandum in support of Defendant's Motion for Relief from Judgment, Nunc Pro Tunc and Request for Oral Argument, filed. (Courtesy copy received)
- efendant Karen A. Martin's Affidavit in support of Motion for Relief from Judgment, Nunc Pro Tunc, and Request Oral Argument, filed. (Courtesy copy received)
- une 6, 2025. The Defendant's motion papers do not include a certificate of service indicating that they were served on Plaintiff's counsel. If they were so served, please file the certificate of service. If they were not served, the court will take no action until they are served on Plaintiff's counsel and a certificate of service is filed with the court. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Sharon M Petrillo, Esq. [email protected] Defendant: Charles Sclafani, Esq. [email protected] Sent On: 06/06/2025 10:29:33
- ertificate of Service, filed.
- cheduled Judge: Smith, Hon. Kevin T. Event: Defendant Karen A. Martin's Motion for Relief from Judgment, Nunc Pro Tunc Date: 06/27/2025 Time: 10:00 AM
- laintiff's Opposition to Defendant Karen A. Martin's Motion for Relief from Judgment, Nunc Pro Tunc, and Request for Oral Argument, filed.
- ertificate of Service of Plaintiff's Opposition to Defendant Karen A. Martin's Motion for Relief from Judgment, Nunc Pro Tunc, and Request for Oral Argument, filed.
- vent Resulted: Motion scheduled on: 06/27/2025 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 27, 2025. Motion Hearing held via video conference. Attorney Sharon Petrillo appeared on behalf of the Plaintiff, 1900 Capital Trust II. Attorney Charles Sclafani appeared on behalf of the Defendant, Karen Martin. This was an action seeking a declaratory judgment that title to the property located at 5 City View Boulevard in Westfield was conveyed from Jospeh R. Martin Sr. to Defendant Karen Martin on April 30, 1997, stemming from a cloud on title from the improper use of a "disclaimer" under G.L. c. 191A. The court entered a default judgment on September 26, 2023, granting the relief requested by the Plaintiff. Before the court is Defendant Karen A. Martin's Motion, and Memorandum in Support of Defendant's Motion, for Relief from Judgment, Nunc Pro Tunc and Request for Oral Argument to be Heard by Honorable Kevin T. Smith; and the Plaintiff's Opposition. On behalf of the Defendant, Attorney Sclafani argued that the Defendant was never served with process and had no actual knowledge of the action prior to the entry of the default judgment. He also asserted that the Defendant was never a mortgagor to the Plaintiff and still owns a half-interest in the property. Attorney Petrillo argued that the Defendant was served with process at the time that this action was first commenced and/or that the Defendant had actual knowledge of the action. She argued that the Defendant's motion is a pretextual attempt to stop the pending foreclosure of the subject property, not to address the action pending before this court. Attorney Sclafani informed the court that he believes that a foreclosure sale is scheduled for August 7, 2025. The court took the matter under advisement and will issue a decision before that date. (Smith, J.).
- otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sharon M Petrillo, Esq. [email protected] Defendant: Charles Sclafani, Esq. [email protected] Sent On: 06/27/2025 14:58:12
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