Preview
'
COMMONWEALTH OF MASSACHUSETTS
SUFFOLE,, ss. SUPERIOR COURT DEPARTMENT
| OF THE TRIAL COURT
CIVIL ACTION NO. 2023-0079
‘CHE COMMONWEALTH OF MASSACHUSETTS, BY KEVIN HAYDEN,
THE DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT
Vv.
$1,414.00 IN UNITED STATES CURRENCY
on
=a
=Q
Fe
ox
PLAINTIBFF’S AFFIDAVIT IN SUPPORT OF REQUEST FOR: ro
DEFAULT PURSUANT TO MASS. R. CIV. P. 55(a) BS
ES
FD
Now comes the undersigned affiant and hereby states that the following fe ‘are true to:-o
1s
oo
the best
0: my knowledge and belief: —- me
1. [represent the Plaintiff in the above-captioned matter.
2. On January 20, 2023, a copy of the Complaint and Order of Notice in this case was
mailed, certified mail, return receipt requested, and by first class mail, to all known potential
claimants and their counsel if represented in the related criminal case or forfeiture action as
follows (s2¢ ATTACHMENT A): '
Perest An:oine 26 Trotter Court, #209 Roxbury, MA 02118
52 Stanton Street, #2 Boston, MA 02124
1
Jasmine E orden 25 Gledhill Avenue #3 Everett, MA 02149
The mailiigs were: X__ delivered: certified mailing to Perest Antoine on January 25,
2023 to 52 Stanton Street. First class mailing not returned and presumed
delivered.
X__ returned unclaimed: certified mailing to Jasmine Borden at 25
Gledhill Avenue #3. First class mailing not returned and présumed.
delivered.
attempted unknown
x _—_ other, to wit: certified mailing to Perest Antoine at 26 Trotter
Court #209 was not delivered due to the property being vacant.
On Marck 1, 2023, Perest Antoine came to the Suffolk County District Attorney’s Office
requesting: an new copy of all documents previously mailed to him. Administrative Assistant
Avery Horton handed Mr. Antoine a new copy of the Complaint, Order of Notice, and Hearing
Notice scheduled for March 2, 2023.
3 More than 23 days have elapsed since the date of service, January 20, 2023.
4. Unless otherwise noted, no potential’ claimant was incarcerated on January 20, 2023.
5. All of the above constitutes a failure to plead or otherwise defend in this action.
Written and signed under the penalties of perjury.
Fltenlad!
Fite fe,
Y
Michael C. Murp! hy
Assistant District Attorney
BBO# 705696
+ Date: 222 g 1
1
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BOSTON, MA 02114
February 16 2023, 6:10 am
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February 11 2023, 10:59 pm Pos af
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EVERETT, MA 02149
| January 26, 2023, 3:47 pm
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January 25,'2023, 6:10 am
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CHELSEA, IMA 02150
January 24, 2023, 9:55 am
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Your item wés returned to the sender on January 25, 2023 at 7:31 pm in BOSTON, MA 02118 because |
the, address ‘ as vacant or the business was no longer operating ‘at the location and no further
Information \vas available.
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v
COMMONWEALTH OF MASSACHUSETTS
SUFFOLFE,, ss. SUPERIOR COURT DEPARTMENT
' OF THE TRIAL COURT
CIVIL ACTION NO. 2023-0079
‘THE COMMONWEALTH OF MASSACHUSETTS, BY KEVIN HAYDEN,
THE DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT
Vv.
S
$1,414.00 IN UNITED STATES CURRENCY Sa)
Oe Fz
oF
m Cw
Ds. me
BS 5
ese FEPA
az
AFFIDAVIT IN SUPPORT OF REQUEST FOR DEFAULT Ba oo:
ae, a:
a
ge aa
a9
AS
I, Michael C. Murphy, being duly sworn, depose and say:
1. - am the Assistant District Attorney representing the plaintiff, the Commonwealth, on
Livil Action 2023-0079
Jn January 20, 2023, the Commonwealth sent by certified mail a copy of the
somplaint to Perest Antoine at 26 Trotter Court, #209, Roxbury, MA 02118 and 52
Stanton Street, #2, Boston, MA 02124.
The Commonwealth is unaware of any counsel for any potential claimants due to Mr.
Antoine being summonsed for the related criminal matter.
Perest Antoine has given that address as his residence to the following:
x ____ Boston Police Department (26 Trotter Court #209)
x ____ Registry of Motor Vehicles (52 Stanton Street #2)
x ——_ Mass. Board of Probation
:
(52 Stanton Street #2)
7
Dn January 20, 2023, the Commonwealth sent by first class mail a copy of the
complaint to Perest Antoine at 26 Trotter Court, #209, Roxbury, MA 02118 and 52
3tanton Street, #2, Boston, MA 02124. t
7. As of today’s date, the certified mailings to the potential claimant were:
_ xX delivered: certified mailing to Perest Antoine on January
25, 2023 to 52 Stanton Street, First class mailing not returned and
presumed delivered.
returned unclaimed
attempted unknown
_xX__ other, to wit: certified mailing to Perest Antoine at 26
Trotter Court #209 was not delivered due to the property being
vacant.
1
8 A\s of today’s date, the first class mailing was not returned and presumed delivered to
’erest Antoine at 52 Stanton Street, #2, Boston, MA 02124.
9. On March |, 2023, Perest Antoine came to the Suffolk County District Attomey’s
Office requesting an new copy of all documents previously mailed to him
Administrative Assistant Avery Horton handed Mr. Antoine a new copy of the
Complaint, Order of Notice, and Hearing Notice scheduled for March 2, 2023
10. January 23, 2023 a copy of the Motion Hearing date and Zoom information from the
Court in this case was mailed by first class mail to Perest Antoine at the above
eddresses, and Mr. Antoine appeared on Zoom. On March 8, 2023 a copy of the Motion
Hearing date and Zoom information from the Court in this case was mailed by first
class mail to Perest Antoine to the above addresses
11 On March 2, 2023, the Court informed Mr. “Antoine he had until March 23, 2023 to file
2 Motion to Intervene in this matter.
Sworn to under the pains and penalties of perjury,
Dated: 2 “AZZ
Petaligl Gilacerfe,
Michael C. Murphy
Assistant District Attorney
BBO# 705696
COMMONWEALTH OF MASSACHUSETTS
SPFFOLE, ss, SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION NO. 2023-0079
v HE COMMONWEALTH OF MASSACHUSETTS, BY KEVIN HAYDEN,
THE DISTRICT ATTORNEY FOR ‘THE SUFFOLK DISTRICT
Vv.
$1,414.00 IN UNITED STATES CURRENCY
PS
om
AFFIDAVIT IN SUPPORT OF REQUEST FOR DEFAUL =n
Eo
Fe
oe oF
Te mice,
1 won ao
Ao am
mg
Bn “2
I, Michael C. Murphy, being duly sworn, depose ahd say: ep oo
Bin na
ae
35 me
= oe
me
1. * am the Assistant District Attorney representing the plaintiff, the Comndnweatth, o a
‘ivil Action 2023-0079
|
2. '9n January 20, 2023, the Commonwealth set by certified mail a copy of the
complaint to Jasmine Borden at 25 Gledhill Avenue #3, Everett, MA 02149.
1
3. Jasmine Borden has given that address as hig residence to the following:
x __ Registry of Motor Vehicles
Xx ee Mass. Board of Probation
Jasmine Borden was not arrested and therefore does not have counsel in the
underlying criminal matter.
On January 20, 2023, the Commonwealth sent by first class mail a copy of the
complaint to Jasmine Borden at 25 Gledhill Avenue #3, Everett, MA 02149.
|
6. As of today’s date, the certified mailing to the potential claimant was:
_ xX. returned unclaimed: certified mailing to Jasmine Borden
at 25 Gledhill Avenue #3.
retumed and marked
attempted unknown
other, to wit
7. January 23, 2023 a copy of the Motion Hearing date and Zoom information from the
Court in this case was mailed by first class mail to Jasmine Borden at the above
address.
As of today’s date, the first class mailings were not returned and presumed delivered
to Jasmine Borden at 25 Gledhill Avenue #3, Everett, MA 02149.
Swom to under the pains and penalties of perjury,
Dated: _- (22/23
Goce!” Lona
Michael C. Murphy
Assistant District Attorney
BBO# 705696
|
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
CIVIL ACTION NO. 2023-0079
THE COMMONWEALTH OF MASSACHUSETTS, BY KEVIN HAYDEN
THE DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT
Vv.
$1,414.00 IN UNITED STATES CURRENCY
DEFAULT
PURSUANT TO MASS. R. CIV. P. 55(a)
T
It appears to the clerk that the defendant/all known potential claimant(s) have failed to
plead or otherwise defend pursuant to Mass. R. Civ. P, 12(a).
Tlerefore, said defendant/all known potential claimant(s) are hereby defaulted pursuant
to Mass. R. Civ. P. 55(a).
1 -
Dited at Massachusetts, this day of 2023
By
Associate Justice
1 Form Civ. P, 1:.(b) (Rev.) 2-86 500
t
|1
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Preview
' COMMONWEALTH OF MASSACHUSETTS SUFFOLE,, ss. SUPERIOR COURT DEPARTMENT | OF THE TRIAL COURT CIVIL ACTION NO. 2023-0079 ‘CHE COMMONWEALTH OF MASSACHUSETTS, BY KEVIN HAYDEN, THE DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT Vv. $1,414.00 IN UNITED STATES CURRENCY on =a =Q Fe ox PLAINTIBFF’S AFFIDAVIT IN SUPPORT OF REQUEST FOR: ro DEFAULT PURSUANT TO MASS. R. CIV. P. 55(a) BS ES FD Now comes the undersigned affiant and hereby states that the following fe ‘are true to:-o 1s oo the best 0: my knowledge and belief: —- me 1. [represent the Plaintiff in the above-captioned matter. 2. On January 20, 2023, a copy of the Complaint and Order of Notice in this case was mailed, certified mail, return receipt requested, and by first class mail, to all known potential claimants and their counsel if represented in the related criminal case or forfeiture action as follows (s2¢ ATTACHMENT A): ' Perest An:oine 26 Trotter Court, #209 Roxbury, MA 02118 52 Stanton Street, #2 Boston, MA 02124 1 Jasmine E orden 25 Gledhill Avenue #3 Everett, MA 02149 The mailiigs were: X__ delivered: certified mailing to Perest Antoine on January 25, 2023 to 52 Stanton Street. First class mailing not returned and presumed delivered. X__ returned unclaimed: certified mailing to Jasmine Borden at 25 Gledhill Avenue #3. First class mailing not returned and présumed. delivered. attempted unknown x _—_ other, to wit: certified mailing to Perest Antoine at 26 Trotter Court #209 was not delivered due to the property being vacant. On Marck 1, 2023, Perest Antoine came to the Suffolk County District Attorney’s Office requesting: an new copy of all documents previously mailed to him. Administrative Assistant Avery Horton handed Mr. Antoine a new copy of the Complaint, Order of Notice, and Hearing Notice scheduled for March 2, 2023. 3 More than 23 days have elapsed since the date of service, January 20, 2023. 4. Unless otherwise noted, no potential’ claimant was incarcerated on January 20, 2023. 5. All of the above constitutes a failure to plead or otherwise defend in this action. Written and signed under the penalties of perjury. Fltenlad! Fite fe, Y Michael C. Murp! hy Assistant District Attorney BBO# 705696 + Date: 222 g 1 1 | | 3/22/23, 10:50 AM USPS.com® - USPS Tracking® Results FAQs > U PS Tracking ' | It ' ' ' ' Kkac Remove X Tracking Numbe:: 70 1 2346 1000204249314 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) 1 Latest Uy date | Your item wes delivered to an individual at the address at 5: 16 pm on January 25, 2023 in DORCHESTER CENTER, MA. 02124, LORS oestad (eoac . el Sa ote erm er x et AO a ea Latin ea healLed a) Get More Out of USPS Tracking: RCM oe elke Let ir ' USPS Ti acking Plus OFFIC#H Ae | al S Postage | $ Delivered orttied Fee Delivered, L ft with Individual ZO Postmark jotun ReceiptFea Hero (Eredorsement Fequlted} we DORCHESTI R CENTER, MA 02124 estrioted Delivery Fea January 25, 2023, 5:16 pm {Endorsement Required) 'e Tatal Postage & Fees | $ 1% See All Tracki 1g History Te ‘Pacegk ‘Sireét, AptNo. or PO Box £Q sesanes City, Taxt & Email Updates oO” Orla Serer rer) Pet cca USPS Tracking Plus® Froduct Information ' .i See Less A i | Track Another Packiige Emer tracking USPS Tracking | achmenk A- | Remove X Tracking Numbe 70123460000204249321 Copy Add to Informed Delivery (https://informeddelivery.usps.com/) Latest Ur date . Your item is out for delivery on February 16, 2023 at 6:10 am in BOSTON, MA 02114. i i =X Boi] ) sts hero) ah eae RS eure fer esr ee eatoN Rone) aoe ‘Set More Out of USPS Trackit m Complete items 1, 2, and 3 A. Signature Print your name and address on the reverse D Agent USPS Tiacking Plus® so that we can retum the card to you. x O Addressee ™ Attach this card to the back of the mailpiece, B. Received by (Printed Name) GJ Date of Delivery or on the front if space permits. Out for Delivery 1, Article Addressed to: D. ts delivery address different from item 1 O Yes Out for Deli ery AVN Bavdan If YES, enter delivery address below: No BOSTON, MA 02114 February 16 2023, 6:10 am LS Chaovwill Avenue #3 t ENEVERA MA OD HA I 1 Arrived at Fost Office . Service Type Priority Mail Express® BOSTON, MA 02114 February 16 2023, 5:20 am VARY A9590 9402 7427 2055 3023 13 Ci Adultsi AGU Signature Rectited Dotvory carted Male U Certified Mel Restricted Detivery ‘D Registered Mail"! a Ive istered Mall Restricted BSGnature Confirmation D Collecton Delve Gi Signature Confirmation 2,_Articte, Number. (ansfer fram senica Jabal. T.Collecton Delivery Rastricted Delivery Restricted Delivery 7012 3440 0002 O4284 4321 dall Restricted Delivery - In Transit te Next Facility PS Form 3811, Jul! UE ieee eny Return Receipt February 15 2023 a PN ee ell a ee ew Adee eee earl) oe dieu) Cea Arrived at L SPS Regional Facility BOSTON M4 DISTRIBUTION CENTER OFFAC IAL USE February 11 2023, 10:59 pm Pos af Conti Ww Ret oe. Fea 1 Postmark Unclaimed/ Being Returned to Sender fs Here EVERETT, February 11 VA 02149 2023, 6:06 am (Chiao Be Total Postag Sant yrs 1 o Arrived at l SPS Facility ‘Stree aS eevennee even EVERETT, VA 02149 or PO Box No. ladle Avera sees “nN con x. Teed LAX D4 Perera te) htips://tools.usps.com/go/T ‘ackConfirmAction?tRef=fullpage&tL.c=2&text28777=" 13 3/22/23, ‘ose AM USPS.com® - USPS Tracking® Results | i { January 27,2023, 8:08 am 1 | Notice Left! (No Authorized Recipient Available) EVERETT, MA 02149 | January 26, 2023, 3:47 pm | 1 ‘ Out for Del ivery | | CHELSEA, MA 02150 January 25,'2023, 6:10 am : © |Artived at Post Office CHELSEA, IMA 02150 January 24, 2023, 9:55 am | . 1 ' e jArrived at USPS Regional Facility BOSTON MA DISTRIBUTION CENTER January 23, 2023, 11:29 pm 1 1 e Hide Trackinty History Text & Ema'l Updates Ww USPS Tracking Plus® Product Information 1 Ww 4 | See Less “A + Track Another Packige t Enter tracking cr barcode numbers | I ' Need More Help? Contact USPS Tracking support for further assistance. / FAQs i. hitpsifAtols.usps.con/golT ‘ackGontfirmAction?(Ref=fullpagell c=28tenl28777=2tLab gls=70123460000204249321 %2C&tABt=true 213 1 ayo2r2a 9: sol USPS.com® - USPS Tracking® Results ¢ USPS Tracking FAQs > | 1‘ 1 i flac : K-2Q Trac ring Number: Remove X 70123464 1000204249307 copy Add to Informed Delivery- (https://informeddelivery.usps.com/) |t | Latest Uridate Your item wés returned to the sender on January 25, 2023 at 7:31 pm in BOSTON, MA 02118 because | the, address ‘ as vacant or the business was no longer operating ‘at the location and no further Information \vas available. LORS else) olla (orca | | cotta a =P N) er 01 | | in Tom Re ARLE Ue Lele Ea ela") Get More Out of USPS Tracking: :. RCA ees , USPS Tiacking Plus® [OFFICwe USE tI | o Postage s A A q Alert Contiiod Fee a8 a Vacant . Retur Postmark (Endoaumont Fiegul Here BOSTON, VA 02118 Restricted Delivory = January 25, 2023,.7:31 pm (Endorsemant equ’ ‘: Total Postage & Ae6y | $ ¥ Sent In Transit tc Next Facility siesePewe Yanuary 25, 2023 orPOBoxN. YD VX COKE QO. OVA uk ce See larived at LSPS Regional Facility MIDDLESEX- ESSEX MA DISTRIBUTION CENTER Vanuary 24, 2023, 11:24 pm | ‘Arrived at USPS Regional Facility BOSTON M:\ DISTRIBUTION CENTER ‘January 23, 2023, 11:29 pm 4 u e Hide Tracking: History ' ' . , |t https-/tool s.usps.com/go/Ti ackConfirmAction?tRef=fullpage&tLc=2&texl28777=&tLabels=70123460000204249307%2C&tABI=true v COMMONWEALTH OF MASSACHUSETTS SUFFOLFE,, ss. SUPERIOR COURT DEPARTMENT ' OF THE TRIAL COURT CIVIL ACTION NO. 2023-0079 ‘THE COMMONWEALTH OF MASSACHUSETTS, BY KEVIN HAYDEN, THE DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT Vv. S $1,414.00 IN UNITED STATES CURRENCY Sa) Oe Fz oF m Cw Ds. me BS 5 ese FEPA az AFFIDAVIT IN SUPPORT OF REQUEST FOR DEFAULT Ba oo: ae, a: a ge aa a9 AS I, Michael C. Murphy, being duly sworn, depose and say: 1. - am the Assistant District Attorney representing the plaintiff, the Commonwealth, on Livil Action 2023-0079 Jn January 20, 2023, the Commonwealth sent by certified mail a copy of the somplaint to Perest Antoine at 26 Trotter Court, #209, Roxbury, MA 02118 and 52 Stanton Street, #2, Boston, MA 02124. The Commonwealth is unaware of any counsel for any potential claimants due to Mr. Antoine being summonsed for the related criminal matter. Perest Antoine has given that address as his residence to the following: x ____ Boston Police Department (26 Trotter Court #209) x ____ Registry of Motor Vehicles (52 Stanton Street #2) x ——_ Mass. Board of Probation : (52 Stanton Street #2) 7 Dn January 20, 2023, the Commonwealth sent by first class mail a copy of the complaint to Perest Antoine at 26 Trotter Court, #209, Roxbury, MA 02118 and 52 3tanton Street, #2, Boston, MA 02124. t 7. As of today’s date, the certified mailings to the potential claimant were: _ xX delivered: certified mailing to Perest Antoine on January 25, 2023 to 52 Stanton Street, First class mailing not returned and presumed delivered. returned unclaimed attempted unknown _xX__ other, to wit: certified mailing to Perest Antoine at 26 Trotter Court #209 was not delivered due to the property being vacant. 1 8 A\s of today’s date, the first class mailing was not returned and presumed delivered to ’erest Antoine at 52 Stanton Street, #2, Boston, MA 02124. 9. On March |, 2023, Perest Antoine came to the Suffolk County District Attomey’s Office requesting an new copy of all documents previously mailed to him Administrative Assistant Avery Horton handed Mr. Antoine a new copy of the Complaint, Order of Notice, and Hearing Notice scheduled for March 2, 2023 10. January 23, 2023 a copy of the Motion Hearing date and Zoom information from the Court in this case was mailed by first class mail to Perest Antoine at the above eddresses, and Mr. Antoine appeared on Zoom. On March 8, 2023 a copy of the Motion Hearing date and Zoom information from the Court in this case was mailed by first class mail to Perest Antoine to the above addresses 11 On March 2, 2023, the Court informed Mr. “Antoine he had until March 23, 2023 to file 2 Motion to Intervene in this matter. Sworn to under the pains and penalties of perjury, Dated: 2 “AZZ Petaligl Gilacerfe, Michael C. Murphy Assistant District Attorney BBO# 705696 COMMONWEALTH OF MASSACHUSETTS SPFFOLE, ss, SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2023-0079 v HE COMMONWEALTH OF MASSACHUSETTS, BY KEVIN HAYDEN, THE DISTRICT ATTORNEY FOR ‘THE SUFFOLK DISTRICT Vv. $1,414.00 IN UNITED STATES CURRENCY PS om AFFIDAVIT IN SUPPORT OF REQUEST FOR DEFAUL =n Eo Fe oe oF Te mice, 1 won ao Ao am mg Bn “2 I, Michael C. Murphy, being duly sworn, depose ahd say: ep oo Bin na ae 35 me = oe me 1. * am the Assistant District Attorney representing the plaintiff, the Comndnweatth, o a ‘ivil Action 2023-0079 | 2. '9n January 20, 2023, the Commonwealth set by certified mail a copy of the complaint to Jasmine Borden at 25 Gledhill Avenue #3, Everett, MA 02149. 1 3. Jasmine Borden has given that address as hig residence to the following: x __ Registry of Motor Vehicles Xx ee Mass. Board of Probation Jasmine Borden was not arrested and therefore does not have counsel in the underlying criminal matter. On January 20, 2023, the Commonwealth sent by first class mail a copy of the complaint to Jasmine Borden at 25 Gledhill Avenue #3, Everett, MA 02149. | 6. As of today’s date, the certified mailing to the potential claimant was: _ xX. returned unclaimed: certified mailing to Jasmine Borden at 25 Gledhill Avenue #3. retumed and marked attempted unknown other, to wit 7. January 23, 2023 a copy of the Motion Hearing date and Zoom information from the Court in this case was mailed by first class mail to Jasmine Borden at the above address. As of today’s date, the first class mailings were not returned and presumed delivered to Jasmine Borden at 25 Gledhill Avenue #3, Everett, MA 02149. Swom to under the pains and penalties of perjury, Dated: _- (22/23 Goce!” Lona Michael C. Murphy Assistant District Attorney BBO# 705696 | COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2023-0079 THE COMMONWEALTH OF MASSACHUSETTS, BY KEVIN HAYDEN THE DISTRICT ATTORNEY FOR THE SUFFOLK DISTRICT Vv. $1,414.00 IN UNITED STATES CURRENCY DEFAULT PURSUANT TO MASS. R. CIV. P. 55(a) T It appears to the clerk that the defendant/all known potential claimant(s) have failed to plead or otherwise defend pursuant to Mass. R. Civ. P, 12(a). Tlerefore, said defendant/all known potential claimant(s) are hereby defaulted pursuant to Mass. R. Civ. P. 55(a). 1 - Dited at Massachusetts, this day of 2023 By Associate Justice 1 Form Civ. P, 1:.(b) (Rev.) 2-86 500 t |1 |