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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-04-24
Status Closed
Type E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1
Docket 39 entries
Disposition judgment entered

Parties

Plaintiff Smith, Russell B.|Smith, Mary O.
Defendant Carroll, Mary F.|Carroll, Jacqueline E|Carroll, Jr., Timothy Michael|The Unknown Heirs Of Timothy M. Carroll

Lawyers

Docket Entries

  1. and Court miscellaneous filing fee Receipt: 449904 Date: 04/25/2024
  2. and Court surcharge Receipt: 449904 Date: 04/25/2024
  3. ase assigned to the Average Track per Land Court Standing Order 1:04.
  4. omplaint eFiled.
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. 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] Sent On: 05/03/2024 09:56:32
  7. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 06/11/2024 Time: 11:00 AM Counsel notified via email.
  8. ertificate of Service, filed.
  9. otion for Special Process Server, filed.
  10. otion for Special Process Server ALLOWED. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  11. ummons returned to Court with service on Mary F. Carroll filed. Served at the last and usual place of abode on May 8, 2024 and by mailing first class mail on May 9, 2024.
  12. ummons returned to Court with service on Timothy Michael Carroll, Jr. filed. Served IN HAND on May 8, 2024.
  13. ppearance of Paul L Ross, Esq. for Mary F. Carroll, Jacqueline E Carroll, Timothy Michael Carroll, Jr., filed
  14. ase Management Conference Joint Statement, filed.
  15. ummons returned to Court with service on Jacqueline E Carroll filed. Served via electronic mail to counsel of record on May 24, 2024.
  16. vent Resulted: Case Management Conference scheduled on: 06/11/2024 11:00 AM Has been: Case management conference held via videoconference. Attorney Sharon Petrillo appeared on behalf of plaintiffs, and Attorney Paul Ross appeared on behalf of defendants. Court is in receipt of the Complaint and the Parties' Case Management Conference Joint Statement. By way of background, Attorney Petrillo explained that plaintiffs seek a declaratory judgment to quiet title to the property known as 148 Main Street, Unit A-211, North Andover (the "Property"). The April 12, 2012, Deed granting title to Timothy M. Carroll and Mary Carroll, husband and wife and former owners of the Property, failed to specify any tenancy. Timothy Carroll then became deceased. Mary Carroll and the Carroll's predecessors in title subsequently recorded a confirmatory deed on August 20, 2019, purporting to cure the deficiency in the prior deed. However, the confirmatory deed was ineffective as Timothy Carroll was predeceased. Court confirmed that plaintiff sought relief on a mutual mistake theory. Attorney Ross advised that his clients were willing to provide affidavits in support of the mutual mistake, and that parties were proceeding toward an agreement for judgment pursuant to Land Court Rule 10 and default judgment with respect to any unknown heirs of Timothy Carroll. Following colloquy and by July 15, 2024, Attorney Petrillo to file a motion for service by publication. Status conference scheduled for October 2, 2024, at 10:00 a.m. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  17. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 10/02/2024 Time: 10:00 AM
  18. ssented to Motion for Order of Service by Publication on the Unknown and Unascertained Heirs of Timothy M. Carroll, filed.
  19. ffidavit of Diligent Search of Sharon M. Petrillo Regarding the Heirs of Timothy M. Carroll, filed.
  20. ssented to Motion for Order of Service by Publication on the Unknown and Unascertained Heirs of Timothy M. Carroll ALLOWED. Publication to Issue. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  21. itation by publication in the Eagle Tribune, returnable 08/05/2024, issued. (Copies emailed to Attorneys Sharon M Petrillo and Paul L Ross)
  22. ffidavit of Service by Publication to the Unknown and Unascertained Heirs of Timothy M. Carroll, filed.
  23. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant The Unknown Heirs of Timothy M. Carroll, filed. (Assented to)
  24. ffidavit in Support of Request for Entry of Default pursuant to M.R.C.P.55(a), filed.
  25. efendant The Unknown Heirs of Timothy M. Carroll defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  26. oint Motion for Approval of Agreement for Judgment pursuant to Land Court Rule 10, filed.
  27. greement for Judgment filed by the Parties to the case.
  28. ffidavit of Jacqueline E. Carroll, filed.
  29. ffidavit Mary F. Carroll, filed.
  30. ffidavit of Timothy M. Carroll, Jr., filed.
  31. otice of Docket Entry: Court is in the process of preparing this matter for judgment. By August 30, 2024, plaintiff to file a motion for entry of default judgment pursuant to Mass. R. Civ. P. 55(b) for the Unknown Heirs of Timothy M. Carroll previously defaulted under Mass. R. Civ. P. 55(a) so that judgment may issue as to all parties. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  32. otion for Entry of Default Judgment Pursuant against the Unknown and Unascertained Heirs of Timothy M. Carroll pursuant to Mass. R. Civ. P. 55(b), filed.
  33. Proposed) Order Approving Agreement for Judgment and Entry of Default Judgment, filed.
  34. ffidavit of Servicemembers Status, filed.
  35. ertificate of Service, filed.
  36. rder Approving Agreement for Judgment and Default Judgment, issued. (Copies emailed to Attorneys Sharon Petrillo and Paul Ross) Judge: Rubin, Hon. Diane R.
  37. ertificate of Service, filed.
  38. laintiff's Motion to Amend Order pursuant to MRCP 59(e) (Assented to), filed.
  39. ORRECTED Order Approving Agreement for Judgment and Default Judgment, issued. (Copies emailed to Attorneys Sharon Petrillo and Paul Ross) Judge: Rubin, Hon. Diane R.

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