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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-09-29
Status Open
Type Cot Remove Cloud On Title, G.l. Chapter 240, 6 10
Docket 41 entries

Parties

Plaintiff Bruce, Jonathan M.
Defendant Bishop Leger, Claire Elaine|Le Blanc, Marjorie H.|Le Blanc, Keith M.|Shimkus, John David|Leonard, Cheryl A.|Scanlon, John M.|Roussell, Theresa J.|Katon, William Manuel|Guin, Peggy Ray|Belhumeur, Paul M.|Belhumeur, Mary Ann|Maurice, Jr., Raymond Valvorae|Wilder, Tammy M.|Rousselle, Carole|St. Michel, Pearl A.|Maurice, Donald P.|Maurice, Tina L.|Maurice, Todd R.|Maurice, Jason K.|Maurice, Ralph E.|Maurice, Kenneth A.|Maurice, James Robert|Maurice, Lucille Marie|Smith, Joan|Saunders, Shirley|Fortin, Raymond Lewis|Fortin, Charlotte S.|Hall, Nicholas Brian|Hall, Kevin A.|Hall, Eric K.|Guay, Rose Marie Cecille|Sylvestre, Monique M.|Compagna, Roger A.|Morin, Pauline|Hevey, Irene B.|Stackpole, Claudette|Roberge, Helen R.|Langevin, Yvette|Normandin, Margaret C.|Mendes Barboza Raymond Gerald Mendes, Lynette A.|Maurice, Steven Russell|Schmitt, Michelle|Mitchell, Suzanne|Maurice, Margaret A.|Bushway, Elizabeth|Bishop, Alan Dennis|Quin, Bonnie June|Scanlon, Stephen J.|Dube, Mary Beth|Galligan, Kath

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 444423 Date: 09/29/2023
  4. and Court surcharge Receipt: 444423 Date: 09/29/2023
  5. and Court summons Receipt: 444423 Date: 09/29/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Sent On: 10/02/2023 15:29:07
  8. vent Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 10/24/2023 Time: 10:30 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Sent On: 10/02/2023 15:31:05
  9. otion to Continue Case Management Conference (scheduled for October 24, 2023), filed.
  10. otion for Leave to Serve Defendants within Commonwealth by First Class and Certified Mail, filed.
  11. otice of Docket Entry: October 17, 2023. This case is scheduled for an initial case management conference to be held via ZOOM on Tuesday, October 24, 2023 at 10:30 am. Plaintiff has filed motions requesting that the court approve alternative service methods, and that the case management conference be continued pending the court's action on that motion and the completion of service on the many defendants named in the complaint. The court will hold a hearing via ZOOM on the motion for alternative service at the time the case management conference now is scheduled, Tuesday, October 24, 2023 at 10:30 am and will reschedule the case management conference to a later date after service issues have been considered and resolved. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Sent On: 10/17/2023 12:00:56
  12. vent Resulted: Case Management Conference scheduled on: 10/24/2023 10:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Gordon H. Piper, Presiding
  13. cheduled Judge: Piper, Hon. Gordon H. Event: Hearing on plaintiff's motion for alternative service Date: 10/24/2023 Time: 10:30 AM (via videoconference) Notice of Event was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Sent On: 10/17/2023 12:04:49
  14. vent Resulted: Hearing scheduled on: 10/24/2023 10:30 AM Has been: Held via video Hon. Gordon H. Piper, Presiding October 24, 2023. Hearing held on plaintiff's request for permission to serve defendants within the Commonwealth by mail. Attorney Henry Lane, Esq. appeared for the plaintiff. Because plaintiff had not yet completed service on any defendant, court conducted only a preliminary hearing to review status of service and address the request for alternative service. This case concerns a purported cloud on title to the property at 128 Ferry Street, Groton, Massachusetts ("Property"). The property was most recently conveyed from Donald F. Merchant and Susan L. Merchant to Jonathan Bruce, Trustee of 128 Ferry Street Realty Trust by deed dated November 18, 2022 and recorded with the Worcester County (South) Registry of Deeds ("Registry") on November 18, 2022 at Book 68509, Page 315 ("Trust Deed"). The plaintiff contends that the Trust Deed contains conflicting descriptions of the Property conveyed. Particularly, the plaintiff alleges that the Trust deed does not include a metes and bounds description of Parcel B as it is shown on a plan entitled "Approval Note Required Plan, 128 Ferry Street, S. Grafton, MA 01560" prepared by Knapik Consulting, Inc. of Whitinsville, Massachusetts, dated February 13, 2023, and recorded with the Registry in Plan Book 969, Plan 84 ("Recorded Plan"). The Recorded Plan does include a metes and bounds description of Lot 1. Together, Lot 1 and parcel B comprise the Property. The first deed containing the alleged defects was a deed conveying the Property from Millbury Savings Bank to Rose A. Bishop, dated August 20, 1934 and recorded with the Registry on August 20, 1934 in Book 2629, Page 168. ("Bishop Deed"). The plaintiff seeks an order of this court declaring that plaintiff holds fee simple to the entire premises shown as Lot 1 and Parcel B on the Recorded Plan, free of any interest or claim by the surviving heirs of Joseph Bishop or Rose A. Bishop. Attorney Lane indicated that he was seeking the court's leave to serve nine named defendants residing in Massachusetts by certified and first-class mail, rather than in the manner required in Mass. R. Civ. P. 4, and without the use of a sheriff or constable. The court ALLOWED Attorney Lane's request, in part, on the condition that, should service by certified and first-class mail prove ineffectual for any of those parties, and not clearly show receipt of the summons and complaint by the addressee defendant(s), service will not have been accomplished; Attorney Lane as to those defendants next will proceed to attempt in-person service by sheriff, constable, or other process server as permitted by the court. Attorney Lane indicated his intent to attempt service on the remainder of the defendants, who live outside Massachusetts, by certified and first-class mail as provided in Mass. R. Civ. P. 4(e). Service on all defendants to include notice of further case management conference, to be scheduled by the court. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically via the Tyler eFile system or by mailing of hard copies to the court. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected]
  15. vent Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 12/05/2023 Time: 02:30 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Sent On: 11/01/2023 10:37:07
  16. laintiff's Case Management Conference Statement, filed.
  17. vent Resulted: Case Management Conference scheduled on: 12/05/2023 02:30 PM Has been: Held via video Hon. Gordon H. Piper, Presiding December 5, 2023. Case Management Conference held via videoconference. Early Intervention Event held. Attorney Henry Lane, Esq. appeared for the plaintiff. Defendant Theresa Roussell appeared on her own behalf. Defendant Claire Bishop appeared on her own behalf with her daughter Sharon Bishop-Taylor, who holds her mother's durable power of attorney. Defendants Claire Bishop and Theresa Roussell were advised that, although they each have the right to represent themselves in this litigation, the court is bound to hold them each to the same rules, standards and procedures governing represented parties. Defendants Claire Bishop and Theresa Roussell were advised to promptly file a notice of appearance with the court to ensure the court provides them with delivery of all case-related notices, orders, and communications. This case concerns a purported cloud on title to the property at 128 Ferry Street, Groton, Massachusetts ("Property"). The property was most recently conveyed from Donald F. Merchant and Susan L. Merchant to Jonathan Bruce, Trustee of 128 Ferry Street Realty Trust by deed dated November 18, 2022 and recorded with the Worcester County (South) Registry of Deeds ("Registry") on November 18, 2022 at Book 68509, Page 315 ("Trust Deed"). The plaintiff contends that the Trust Deed contains ambiguous or conflicting descriptions of the Property conveyed. Particularly, the plaintiff alleges that ambiguity exists because the Trust deed does not include a metes and bounds description of Parcel B as it is shown on a plan entitled "Approval Note Required Plan, 128 Ferry Street, S. Grafton, MA 01560" prepared by Knapik Consulting, Inc. of Whitinsville, Massachusetts, dated February 13, 2023, and recorded with the Registry in Plan Book 969, Plan 84 ("Recorded Plan"). The Recorded Plan does include a metes and bounds description of Lot 1. Together, Lot 1 and parcel B comprise the Property. The last deed containing a description including what is now Lot 1 and Parcel B was a deed conveying the Property from Millbury Savings Bank to Rose A. Bishop, dated August 20, 1934 and recorded with the Registry on August 20, 1934 in Book 2629, Page 168. The next deed out, by Rose A. Bishop, to the Sauciers in 1944, recorded in the Registry in Book 2931, Page 526, contains the same ambiguous description as the Trust Deed ("Bishop Deed"). The plaintiff seeks an order of this court declaring that plaintiff holds fee simple to the entire premises shown as Lot 1 and Parcel B on the Recorded Plan, free of any interest or claim by the surviving heirs of Joseph Bishop or Rose A. Bishop. If the Bishop Deed, contrary to plaintiff's allegations, did not pass title to parcel B, then title to it presumably resides in the heirs, successors, and assigns of Rose A. Bishop. Mr. Lane stated that the parcel is undeveloped, largely wooded, and so it is unlikely for there to be a vigorous claim for title by adverse possession. The plaintiff previously sought the court's leave to serve nine named defendants in Massachusetts by certified and first-class mail, rather than in the manner required by Mass. R. Civ. P. 4, and without the use of a sheriff or constable. At a hearing on October 24, 2023, the court allowed this request on the condition that, should service by certified and first-class mail prove ineffectual for any of the nine parties, Attorney Lane will proceed to attempt in-person service by sheriff, constable, or other process server as permitted by the court. Attorney Lane informed the court that service has been accomplished on roughly 30 of the 46 named defendants. Service has been attempted but unsuccessful on half of the remaining 16 defendants, and service has been initiated but is not complete on the remaining half. Additionally, Attorney Lane informed the court he intends to file an amended complaint-by right as no responsive pleading has been filed-naming additional defendants who may have an interest in the Property. Attorney Lane instructed to attempt service in-hand on any defendants who have not been successfully served, by January 16, 2024. By that date, Attorney Lane is also to file a written report with the court indicating the status of service on all defendants. Should Attorney Lane's further attempts at service prove ineffectual, Attorney Lane may file a Motion for Alternative Service by Publication, with supporting affidavit of diligent search. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically via the Tyler eFile system or by mailing of hard copies to the court. (Piper, C.J.) Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Henry J Lane, Esq. [email protected] Sent On: 12/06/2023 13:19:17
  18. mended Complaint, filed.
  19. ppearance of Pro Se for Paul W. Scanlon, filed
  20. eport on Service, filed.
  21. ummons returned with written statement from Defendant Aurielle Maurice, filed.
  22. ppearance of Pro Se for Joseph Scanlon Jr., filed.
  23. nswer of Paul W. Scanlon filed.
  24. nswer of Bethany S. Laporte filed.
  25. ppearance of Pro Se for Defendant Deborah Louise Scanlon
  26. nswer of Deborah Louise Scanlon filed.
  27. ppearance of Pro Se for Defendant Aurielle Maurice, filed.
  28. efendant Bethany LaPorte's Proof of Service (of Answer on Henry Lane, Esq), filed.
  29. ummons returned to Court with service on Claire Elaine Bishop Leger filed. Service on November 8, 2023 via regular and certified mail. Summons returned to Court with service on Keith M. LeBlanc filed. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on John David Shimkus filed. Service on November 27, 2023 via regular and certified mail. Summons returned to Court with service on Annmarie Quin filed. Service on January 16, 2024 via regular and certified mail. Summons returned to Court with service on Cheryl A. Scanlon filed. Service on November 16, 2023 via regular and certified mail.
  30. ummons returned to Court with service on Deborah Louise Scanlon filed. Service on January 16, 2024 via regular and certified mail. Summons returned to Court with service on Bethany Laporte filed. Service on January 16, 2024 via regular and certified mail. Summons returned to Court with service on Anne Elizabeth Minnick filed. Service on January 18, 2024 via regular and certified mail. Summons returned to Court with service on Stephen Scanlon filed. Service on January 17, 2024 via regular and certified mail. Summons returned to Court with service on Linell Rebecca Dean filed. Service on January 18, 2024 via regular and certified mail.
  31. ummons returned to Court with service on Pearl A. St. Michel filed. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on Donald P. Maurice filed. Service on November 13, 2023 via regular and certified mail. Summons returned to Court with service on Tina L. Maurice filed. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on Kenneth A. Maurice filed. Service on November 6, 2023 via regular and certified mail. Summons returned to Court with service James Robert Maurice filed. Service on November 13, 2023 via regular and certified mail.
  32. ummons returned to Court with service on Paul Scanlon filed. Service on January 17, 2024 via regular and certified mail. Summons returned to Court with service on Joseph Maurice Scanlon filed. Service on February 21, 2024 via regular and certified mail. Summons returned to Court with service on William Manuel Katon filed. Service on November 13, 2023 via regular and certified mail. Summons returned to Court with service on Tammy M. Wilder filed. Service on November 22, 2023 via regular and certified mail. Summons returned to Court with service on Carole Rousselle filed. Service on November 4, 2023 via regular and certified mail.
  33. ummons returned to Court with service on Lucille Marie Maurice filed. Service on November 7, 2023 via regular and certified mail. Summons returned to Court with service on Shirley Saunders filed. Service on November 7, 2023 via regular and certified mail. Summons returned to Court with service on Raymond Lewis Fortin filed. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on Charlotte S. Fortin filed. Service on November 6, 2023 via regular and certified mail. Summons returned to Court with service on Nicholas Brian Hall filed. Service on November 6, 2023 via regular and certified mail.
  34. ummons returned to Court with service on Kevin A. Hall filed. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on Eric K. Hall filed. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on Rose-Marie Cecille Guay filed. Service on November 7, 2023 via regular and certified mail. Summons returned to Court with service on Monique M. Sylvestre filed. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on Roger A. Compagna filed. Service on November 4, 2023 via regular and certified mail.
  35. ummons returned to Court with service on Theresa J. Roussell filed. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on Mary Beth Dube filed. Service on January 16, 2024 via regular and certified mail. Summons returned to Court with service on Kathleen Galligan filed. Service on February 3, 2024 via regular and certified mail. Summons returned to Court with service on James Francis Scanlon filed. Service on January 17, 2024 via regular and certified mail. Summons returned to Court with service on Aurielle Maurice filed. Service on January 23, 2024 via regular and certified mail.
  36. ummons returned to Court with service on Pauline Morinfiled. Service on November 4, 2023 via regular and certified mail. Summons returned to Court with service on Helen R. Roberge filed. Service on November 7, 2023 via regular and certified mail. Summons returned to Court with service on Margaret C. Normandin filed. Service on November 6, 2023 via regular and certified mail. Summons returned to Court with service on Lynette A. Mendes-Barboza filed. Service on November 27, 2023 via regular and certified mail. Summons returned to Court with service on Margaret Maurice filed. Service on November 13, 2023 via regular and certified mail. Summons returned to Court with service on Raymond Gerald Mendes filed. Service on January 5, 2024 regular and certified mail. Summons returned to Court with service on Suzanne Mitchell filed. Service on November 15, 2023 via regular and certified mail.
  37. ummons returned to Court with service on Claudette Stackpole filed. Service on Claudette Stackpole on April 26, 2024 via first class mail. Service on Bonnie June Bishop on April 25, 2024 via first class mail. Service on Raymond Valvorae Maurice, Jr. on April 19, 2024 via first class mail. Service on Claudette Todd R. Maurice on April 22, 2024 via first class mail. Service on John M. Scalon on April 20, 2024 via first class mail.
  38. ummons returned to Court with service on Paul Joseph Belhumeur on June 25, 2024 via first class mail, filed. Service on Michelle Schmitt on June 11, 2024 via in-hand delivery. Service on Irene B. Hevey on June 12, 2024 via first class mail. Service on Jason K. Maurice. on June 10, 2024 via first class mail. Service on Peggy Ray Guin on June 8, 2024 via first class mail.
  39. ummons returned to Court with service on Rachel Little Hetzer, Amy Louise Forney, Mary Ann Belhumeur filed. Service on Rachel Little Hetzer on September 17, 2024 via hand delivery to their mother. Service on Amy Louise Forney on September 17, 2024 via hand delivery. Service on Mary Ann Belhumeur on October 4, 2024 via delivery from state marshal.
  40. otion Requesting Service by Pubication, filed.
  41. ffidavit of Diligent Search, filed.

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