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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-09-20
Status Closed
Type Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, 1 (k)
Docket 24 entries
Disposition judgment entered

Parties

Plaintiff Leahy, John V.
Defendant Mc Carthy, John P.|Mc Carthy, Mary E.|Bondanza, Ann|Mc Carthy, George S.|Klos Adkison, Diane Kay|Di Benedetto, Mark|Carr, David W.|Carr, Julie|Giammalvo, Noreen

Lawyers

Docket Entries

  1. efault Judgment entered. (Copies emailed to Attorney Henry Lane) Judge: Rubin, Hon. Diane R.
  2. ase assigned to the Average Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 434283 Date: 09/20/2022
  4. and Court surcharge Receipt: 434283 Date: 09/20/2022
  5. and Court summons Receipt: 434283 Date: 09/20/2022
  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: 09/30/2022 13:56:16
  8. vent Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 11/17/2022 Time: 09:30 AM Counsel notified via email.
  9. ummons returned to Court with service on John P. McCarthy, Mary E. McCarthy filed. Served at the last and usual place of abode on October 22, 2022.
  10. ummons returned to Court with service on Ann Bondanza, Mark DiBenedetto filed. Served at the last and usual place of abode and by mailing first class mail on October 6, 2022.
  11. ummons returned to Court with service on George S. McCarthy filed. Served in hand on October 7, 2022.
  12. ummons returned to Court with service on Diane Kay Klos-Adkison, David W. Carr, Julie Carr, Noreen Giammalvo filed. Served via certified mail.
  13. Plaintiff's) Statement for Case Management Conference, filed.
  14. vent Resulted: Case Management Conference scheduled on: 11/17/2022 09:30 AM Has been: Case management conference held via videoconference. Attorney Henry Lane appeared on behalf of plaintiff. Court is in receipt of (Plaintiff's) Statement for Case Management Conference. By way of background, Attorney Lane advised that this is a reformation action for a 2002 deed to the property at 66 Osceola Avenue, Worcester, which intended to convey a fee interest, but instead conveyed an "estate ofchul homestead pursuant to Massachusetts General Laws chapter 188 section 1, with quitclaim covenants." Attorney Lane further advised that he has been in communication with the attorney who drafted the deed, and intends to file an affidavit therefrom. Following colloquy and by December 19, 2022, Attorney Lane to file a Request for Default pursuant to Mass. R. Civ. P. 55(a), along with an Affidavit of Due Diligence, outlining all efforts to identify, locate, and serve the defendants in this action. By January 19, 2023, Attorney Lane to file an Application for Entry of Default Judgment pursuant to Mass. R. Civ. P. 55(b) (as well as a proposed form of default judgment in word format) along with any supporting affidavits or other evidence. Status conference scheduled for January 23, 2023, at 9:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  15. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 01/23/2023 Time: 09:30 AM
  16. equest for Default pursuant to Mass. R.Civ.P.55(a) on Defendant John P. McCarthy, Mary E. McCarthy, Ann Bondanza, George S. McCarthy, Diane Kay Klos-Adkison, Mark DiBenedetto, David W. Carr, Julie Carr, Noreen Giammalvo, filed.
  17. ffidavit of Diligent Search, filed.
  18. efendant John P. McCarthy, Mary E. McCarthy, Ann Bondanza, George S. McCarthy, Diane Kay Klos-Adkison, Mark DiBenedetto, David W. Carr, Julie Carr, Noreen Giammalvo defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  19. vent Resulted: Status Conference scheduled on: 01/23/2023 09:30 AM Has been: Status conference held via videoconference. Attorney Henry Lane appeared on behalf of plaintiff. Court is in receipt of Plaintiff's Affidavit of Diligent Search. Court first noted that the defendants in this case have been defaulted pursuant to Mass. R. Civ. P. 55(a), and Attorney Lane confirmed that service by publication is not necessary because the estates at issue have been probated and all heirs identified. Following colloquy, Attorney Lane to file an Application for Entry of Default Judgment pursuant to Mass. R. Civ. P. 55(b) (as well as a proposed form of default judgment in word format) along with any supporting affidavits or other evidence. Status conference scheduled for February 23, 2023, at 10:00 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
  20. cheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 02/23/2023 Time: 10:00 AM
  21. otion for Entry of Default Judgment (Mass.R.Civ.P. 55(b)(2)) along with an Affidavit of George L. Dresser, filed.
  22. vent Resulted: Status Conference scheduled on: 02/23/2023 10:00 AM Has been: Canceled Hon. Diane R. Rubin, Presiding
  23. pon review of the Motion for Entry of Default Judgment (Mass. R. Civ. P. 55(b)(2)) along with an Affidavit of George L. Dresser, court requests that Plaintiff file Servicemembers Affidavits in accordance with Mass. R. Civ. P. Rule 55(b)(4) for each of the Defendants. Counsel notified via email. Judge: Rubin, Hon. Diane R.
  24. ffidavit as to Military Service, filed.

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