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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-13
Status Closed
Type E Filed Mtb Try Title, G.l. Chapter 240, 1 5
Docket 42 entries
Disposition judgment entered

Parties

Plaintiff Inland Harbor Realty, Llc
Defendant Heirs Of Frank A. Zingarelli|Halloran, Angela M.|Knott, Elizabeth A.|Unknown Heirs Of Frank A. Zingarelli

Lawyers

Docket Entries

  1. ase assigned to the Average Track per Land Court Standing Order 1:04.
  2. and Court miscellaneous filing fee Receipt: 444769 Date: 10/13/2023
  3. and Court surcharge Receipt: 444769 Date: 10/13/2023
  4. niform Counsel Certificate for Civil Cases filed by .
  5. omplaint eFiled.
  6. he case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Damien D Berthiaume, Esq. [email protected] Sent On: 10/17/2023 11:56:49
  7. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 11/29/2023 Time: 11:00 AM
  8. ffidavit of Angela M. Halloran, filed.
  9. ummons returned to Court with service on Heirs Of Frank A. Zingarelli filed. Served on his Heirs Angela M. Halloran and Elizabeth A. Knott on November 9, 2023. (See Affidavits)
  10. ffidavit of Elizabeth A. Knott, filed.
  11. ase Management Conference Joint Statement, filed.
  12. vent Resulted: Case Management Conference scheduled on: 11/29/2023 11:00 AM Has been: Case management conference held via videoconference. Attorney Damien Berthiaume appeared on behalf of plaintiff. Court is in receipt of the Complaint, the Affidavit of Angela M. Halloran, the Affidavit of Elizabeth A. Knott, and the Case Management Conference Joint Statement. By way of background, Attorney Berthiaume explained that plaintiff seeks to quiet title because of a cloud on title for property located at 435 Washington Street, Auburn (the "Property"). That cloud arises because only a copy of a durable power of attorney is available in connection with a conveyance of property from Frank A. Zingarelli, who was at that time suffering a disability, to his wife Agnes R. Zingarelli, who then conveyed the Property to plaintiff. Attorney Berthiaume further explained that he had filed an affidavit under G. L. c. 183, 5B from Attorney Don Peters who drafted the durable power of attorney. As to any potential parties with interest in the property, Attorney Berthiaume explained that the two presumptive living heirs of Frank A. Zingarelli were daughters Angela M. Halloran and Elizabeth A. Knott (the "Heirs"), both of whom had provided affidavits in support of plaintiff's requested relief. Court advised that in light of the fulsome record regarding Mr. Zingarelli's intent to convey the full interest in the Property to plaintiff, the diligence and identification of Mr. Zingarelli's heirs, and the Heirs agreement to the requested relief, it might be appropriate to proceed with a motion to approve agreement for judgment under Land Court Rule 10. Following colloquy, Attorney Berthiaume to draft and circulate a settlement agreement to the Heirs and buyer's title counsel to confirm that all agree to such resolution, and, by December 22, 2023, to file a motion for approval of an agreement for judgment along with the signed agreement and a proposed order approving agreement for judgment (the latter in Word format). Otherwise, by that date, Attorney Berthiaume to file a joint status report on the same date updating the court as to his efforts and any other matters requiring the court's attention. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  13. oint Motion to Amend Complaint, filed.
  14. greement for Judgment pursuant to Land Court Rule 10 filed by the Parties.
  15. roposed Order for Judgment, filed.
  16. otion to Approve Settlement Agreement, filed.
  17. oint Motion to Amend Complaint ALLOWED. An Amended Complaint to be filed. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  18. laintiff's First Amended Complaint, filed.
  19. rder Approving Agreement for Judgment (Land Court Rule 10) issued. (Copies emailed to Attorney Damien Berthiaume) Judge: Rubin, Hon. Diane R.
  20. greement for Judgment approved by the Court.
  21. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 03/25/2024 Time: 10:00 AM Counsel notified via email.
  22. vent Resulted: Status Conference scheduled on: 03/25/2024 10:00 AM Has been: Status conference held via videoconference. Attorney Damien Berthiaume appeared on behalf of plaintiff. Attorney Berthiaume advised that buyer's counsel in a pending transaction for the property at issue had requested relief beyond that set forth in the court's Order Approving Agreement for Judgment pursuant to Land Court Rule 10, issued January 3, 2024. Accordingly, Following colloquy, court to reopen the case and accept an amended supplemental complaint to name the unknown heirs and a motion for service by publication. Following publication, plaintiff may request default pursuant to Mass. R. Civ. P. 55(a) and file a motion for summary judgment or other motion to adjudicate the rights of any unknown heirs. The court will let stand the parties' agreement for judgment and issue supplemental judgment as to the unknown heirs in due course. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  23. ase reopened.
  24. otion to Vacate Judgment, Re-Open Case, and Amend Complaint, filed and ALLOWED. The court will docket the Amended Complaint. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  25. laintiff's Second Amended Complaint, filed.
  26. otion for Order of Notice, filed.
  27. otice of Docket Entry: Plaintiff to file an Affidavit of Due Diligence detailing efforts to identify and locate the unknown heirs of Frank Zingarelli, to include copies of all supporting documentation (such as genealogical reports, obituaries, probate filings, and the like), by December 20, 2024. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  28. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/24/2025 Time: 09:30 AM Counsel notified via email.
  29. ffidavit by Plaintiff's Attorney regarding Search for Additional Heirs, filed.
  30. otion for Order of Notice ALLOWED. Publication to Issue. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  31. itation by publication in the Worcester Telegram, returnable 02/24/2025, issued. (Copy emailed to Attorney Damien D Berthiaume)
  32. laintiff's Notice of Publication, filed.
  33. tty. Berthiaume emailed the court a status update: "We have a status Conference scheduled in this matter on Monday 2/24 at 9:30. That is also the return day identified in the citation that I have published. I have not yet received any response/opposition nor do I expect to receive any response/opposition by Monday. Assuming no Opposition, I would plan to file a Motion for Summary Judgment per our prior discussion. I would think that I could get that filed within 2 weeks. With this in mind, I wanted to offer to cancel the status conference out of respect for Judge Rubin's time as I think that we are on track to resolve this matter as we had previously discussed." The court will be canceling the hearing that is scheduled for February 24, 2025. Counsel to file a Motion for Summary Judgment by March 19, 2025. A hearing will be scheduled after that is filed. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  34. vent Resulted: Status Conference scheduled on: 02/24/2025 09:30 AM Has been: Canceled For the following reason: Request of Plaintiff(s) Hon. Diane R. Rubin, Presiding
  35. laintiff's Motion for Summary Judgment, filed.
  36. laintiffs' Memorandum in Support of Motion for Summary Judgment, filed.
  37. laintiff's Statement of Material Facts in Support of Motion for Summary Judgment, filed.
  38. laintiff's Summary Judgment Appendix, filed.
  39. cheduled Judge: Rubin, Hon. Diane R. Event: Summary Judgment Hearing VIA ZOOM. Date: 06/24/2025 Time: 09:30 AM Counsel notified via email.
  40. vent Resulted: Summary Judgment Hearing scheduled on: 06/24/2025 09:30 AM Has been: Hearing on motion for summary judgment held via videoconference. Attorney Damien Berthiaume appeared on behalf of plaintiff. Court is in receipt of Plaintiff's Second Amended Complaint, Affidavit by Plaintiff's Attorney regarding Search for Additional Heirs, Plaintiff's Notice of Publication, Plaintiff's Motion for Summary Judgment, Plaintiffs' Memorandum in Support of Motion for Summary Judgment, Plaintiff's Statement of Material Facts in Support of Motion for Summary Judgment, and Plaintiff's Summary Judgment Appendix. No opposition has been filed. Counsel explained that after having conferred with a title insurer and in preparation for sale of the property, plaintiff now moves for summary judgment, seeking relief beyond that set forth in the court's Order Approving Agreement for Judgment pursuant to Land Court Rule 10, issued January 3, 2024. See docket dated March 25, 2024. Court allowed the Motion to Vacate Judgment on November 8, 2024. Following argument, by July 24, 2025, plaintiff to confer with title insurer and file a proposed decision and proposed form of judgment on the motion for summary judgment (in word), at which point court to take this matter under advisement. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  41. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Damien D Berthiaume, Esq. [email protected] Sent On: 06/26/2025 13:56:26
  42. ecision issued. (Copies emailed to Attorney Damien Berthiaume) Judge: Rubin, Hon. Diane R.

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