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4
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, SS SUPERIOR COURT
CIVIL ACTION NO. 2184CV02048 f
CONSOLIDATED ELECTRICAL DISTRIBUTORS,
INC., d/b/a CED GREENTECH
Plaintiff,
Vv. 2
GOSOLAR NH, LLC, BRIAN PARE, AND JAKE
OTTOLINI
SQ
me
Defendants.
PLAINTIFF’S MOTION FOR AN ORDER OF NOTICE FOR ALTERNATIVE SERVICE AS
TO DEFENDANT BRIAN PARE ONLY, AND FOR A 90 DAY EXTENSION OF TIME TO
MAKE SERVICE OF PROCESS ON BRIAN PARE
Now comes the Plaintiff, Consolidated Electrical Distributors, Inc., d/b/a CED Greentech
(“CED) and hereby moves this Honorable Court to issue an Order of Notice with reference to
the defendant Brian Pare, (“Pare”), to permit the Plaintiff to make alternative service upon him,
and for a 90 day extension of time to serve Pare.
In support of its motion, the Plaintiff states:
1 On September 8, 2021 CED commenced this action against Pare pursuant to a
written contract to which Pare was a guarantor to collect moneys owed for goods sold and
delivered.
2. Pare is an individual who resides at 10 Daigles Way, Rochester, NH 03868.
3 On September 29, 2021, Strafford, NH County Deputy Sheriff, Scott Tingle
attempted to serve Pare. Deputy Sheriff Tingle’s return of service reports that Pare’s address is
‘
correct but he was unable to serve Pare in hand and therefore returned process unserved. See
copy of return attached hereto as Exhibit A.
4. Counsel’s discussion with Deputy Sheriff Tingle requesting him to attempt to
serve in accord with Mass. R. Civ. P. Rule 6(d)(1) by leaving process and mailing at Pare’s last
and usual place of abode was unavailing.
5 Counsel forwarded process to Pare by certified mail pursuant to Mass. R. Civ. P.
Rule 6(d)(e) (3) which permits service outside the Commonwealth “. . by any form of ‘mail
addressed to the person to be served and requiring a signed receipt. . .” However, Pare contacted
counsel and indicated he did not intend to sign for the certified mail.
6 Under Mass. R. Civ. P. Rule 6(d)(1) (made applicable to service outside the
Commonwealth by Rule 6(e) a sheriff may make service on a defendant by leaving process at the
last and usual abode of the defendant and mailing copies, failing which, “. . . the court may on
application of the plaintiff issue an order of notice. . .”
7. CED seeks an order of this court to permit it to employ a New Hampshire process
server to serve process, if possible, by hand delivery, or as specified in Mass. R. Civ. P. Rule
6(d)(1), that is, by leaving process at Pare’s Jast and usual place of abode at 10 Daigles Way,
‘
Rochester, NH 03868 and mailing copies of process to the same address.
8 In addition, if CED does not serve Pare on or before ninety (90) days after the
date this action was filed, its suit against Pare is subject to dismissal under Mass R. Civ. P. Rule
4(). Therefore, CED requests that the time to obtain service on Pare be extended for 90 days
from the date of the Court’s order upon this Motion.
WHEREFORE, CED requests that this Honorable Court order that it may serve Pare by a
!
New Hampshire process server by delivering the summons and complaint to Pare’s last and usual
place of abode and mailing same, or, if possible, by hand delivery, and that the time within
which CED may serve Pare be extended for ninety (90) days from the date of allowance of this
motion.
RESPECTFULLY SUBMITTED,
CONSOLIDATED ELECTRI CAL
‘
DISTRIBUTORS, INC., D, pd
UY Like
D GRt
ou [0/14 20) rane iz
RLY
LZ ST /
39 hillips, qh /4
B.B.O. 8480
Christopher S. Tolley, Esq.
B.B.O. #548180
Daniel Treger, Esq.
B.B.O. #562147
Phillips & Angley
One Washington Mall
Boston, MA 02108
Tel. No. 617-367-8787
jphillips@phillips-angley.com
ctolley@phillips-angley.com
dtreger; hillips-angley.com
CERTIFICATE OF SERVICE
— Lie y
[hereby certify that | have served a copy of the foregoing to all parties or their counsel of
record by mail on ie
LALITG\CELDO18\Plaintiffs' Motion for Order of Notice.doc
Strafford County Sheriff's Office
259 County Farm Rd. Suite 105
Dover New Hampshire 03820
State of New Hampshire
Strafford, SS
Non-Est (non-service)
Date: 09/29/2021
As Commanded, I have made a diligent search and have not been able to find the
defendant Brian Pare, within my precinct.
Atle 163%
Deputy Scott Fingle #9636
O Defendant has moved to the following address:
O Defendant has moved and left no forwarding address with the Post Office.
O Defendant is not living at the address provided and the occupant’s cannot /will not
provide a current address. |
1
The address is valid, but IN HAND service has not been successful. In order to
comply with the minimum notice requirement, the return day must be amended.
O The address is valid, but IN HAND, as required, has not been accomplished. If
you would like further attempts at service of this writ, please provide a work address.and
a date of birth. By requesting further attempts, additional costs to you will be incurred.
O Other:
EXHIBIT
FOR RETURN
CIVIL DOCKET NO.
Summons Trial Court of Massachusetts
ZIGUCVOZOHS The Superior Court
CASE NAME:
Consgalidodted Electrical Distvtovtees, Inc.
Michael Joseph Donovan Clerk of Courts
diola Greantech CED Suffolk
COURT NAME & ADDRESS:
County
Plaintiff(s)
GoSoior NH, LLC, Brian Pave
SUPERIOR CIVIL COURT
and Jake 9 tai SUFFOLK COUNTY COURTHOUSE
THREE PEMBERTON SQ. 12th Floor
Defendant(s)
BOSTON, MASSACHUSETTS 02108
THIS SUMMONS Is DIRECTED To OKan Tore. (Defendant's name)
You are being sued. The Piaintiff(s) named above has started a lawsuit against you. A copy of the
Plaintiffs Complaint filed
against you is attached to this summons and the original complaint has been filed in the Suffik Superior
Court.
YOU MUST ACT PROMPTLY TO PROTECT YOUR RIGHTS.
1. You must respond to this lawsuit in writing within 20 day:
If you do not respond, the court may decide the case against you and award the Plaintiff everything asked
for in the complaint.
You will also’ tose the opportunity to tell your side of the story. You must tespond to this lawsuit in writing even
if you expect to
resolve this matter with the Plaintiff. If you need more time to respond, you may request an extension of
time in writing
from the Court.
2. How to Respond, I
!
To respond to this lawsuit, you must file a written to response with the court and mail a copy to the Plaintiff
Attorney (or the
Plaintiff, if unrepresented). You can do this by:
& Suffolk Supertat court
a) Filing your signed o1 inal ere with the Clerk's Office for Civil Business,
2 Pender’ ‘ ‘ A OZ Ics (address), by mail or in person AND
et
b) Bris or ee a Slee of your res| se to the aon Mau ¢ intiff at the following address:
WMips + Prgley . One, ash ingto im ostan, MA 02108
3. What to Include in Your Response.
An "Answer" is one type of response to a Complaint. Your Answer must state whether you agree or disagree with the
fact(s)
alleged in each paragraph of the Complaint. Some defenses, called affirmative defenses, must be stated in your Answer or
you may lose your right to use them in court. If you have any claims against the Plaintiff (referred to as counterclaims)
that
are based on the same facts or transaction described in the Complaint, then you must include those claims
in your Answer.
Otherwise, you may lose your right to sue the Plaintiff about anything related to this lawsuit. If you want to
have your case
heard by a jury, you must specifically request a jury trial in your court no more than 10 days after sending your Answer.
3 (cont). You can also respond to a Complaint by filing a "Motion to Dismiss," if you believe that the complaint is legally
invalid-or legally insufficient. A Motion to Dismiss must be based on one of the legal deficiencies or reasons listed under
Mass. R. Civ. P. 12. If you are filing a Motion to Dismiss, you must also comply with the filing procedures for "Civil Motions"
described in the rules of the Court in which the complaint was filed, available at:
www. mass. gov/courts/case-legal-res/rules_of_court
''
4, Legal Assistance. :
1
You may wish to get legal help from a lawyer. If you cannot get legal help, some basic information for people'who represent
themselves is available at www.mass.govw/courts/selfheip.
5. Required Information on All Filings:
The "civil docket number" appearing at the top of this notice is the case number assigned to this case and must appear on the
front of your Answer or Motion to Dismiss. You should refer to yourself as the "Defendant."
.
Witness Hon, Heidi E. Brieger , Chief Justice on a8 202 . (Seal)
Clerk-Magistrate 4 Mebel
mE dor
MichaelWo
\AoxovesS
ph Donovan
Note: The fumber assigned to the Complaint by the Cierk-Magistrate at the baginning of the lawsuit shauld be indicated on the summons before il is served on the Defendant.
PROOF OF SERVICE OF PROCESS
| hereby certify that on . | served a copy of this summons, together with a copy of the complaint
in this action, on the defendant named in this summons, in the following manner (See Mass. R. Civ. P. 4(d)(145)):
Dated:
Signature:
N.B. TO PROCESS SERVER:
PLEASE ENTER THE DATE THAT YOU MADE SERVICE ON THE DEFENDANT IN THIS BOX - BOTH ON THE ORIGINAL
SUMMONS AND ON THE COPY OF THE SUMMONS SERVED ON THE DEFENDANT.
Date:
rev. 1/2019
Preview
4 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS SUPERIOR COURT CIVIL ACTION NO. 2184CV02048 f CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., d/b/a CED GREENTECH Plaintiff, Vv. 2 GOSOLAR NH, LLC, BRIAN PARE, AND JAKE OTTOLINI SQ me Defendants. PLAINTIFF’S MOTION FOR AN ORDER OF NOTICE FOR ALTERNATIVE SERVICE AS TO DEFENDANT BRIAN PARE ONLY, AND FOR A 90 DAY EXTENSION OF TIME TO MAKE SERVICE OF PROCESS ON BRIAN PARE Now comes the Plaintiff, Consolidated Electrical Distributors, Inc., d/b/a CED Greentech (“CED) and hereby moves this Honorable Court to issue an Order of Notice with reference to the defendant Brian Pare, (“Pare”), to permit the Plaintiff to make alternative service upon him, and for a 90 day extension of time to serve Pare. In support of its motion, the Plaintiff states: 1 On September 8, 2021 CED commenced this action against Pare pursuant to a written contract to which Pare was a guarantor to collect moneys owed for goods sold and delivered. 2. Pare is an individual who resides at 10 Daigles Way, Rochester, NH 03868. 3 On September 29, 2021, Strafford, NH County Deputy Sheriff, Scott Tingle attempted to serve Pare. Deputy Sheriff Tingle’s return of service reports that Pare’s address is ‘ correct but he was unable to serve Pare in hand and therefore returned process unserved. See copy of return attached hereto as Exhibit A. 4. Counsel’s discussion with Deputy Sheriff Tingle requesting him to attempt to serve in accord with Mass. R. Civ. P. Rule 6(d)(1) by leaving process and mailing at Pare’s last and usual place of abode was unavailing. 5 Counsel forwarded process to Pare by certified mail pursuant to Mass. R. Civ. P. Rule 6(d)(e) (3) which permits service outside the Commonwealth “. . by any form of ‘mail addressed to the person to be served and requiring a signed receipt. . .” However, Pare contacted counsel and indicated he did not intend to sign for the certified mail. 6 Under Mass. R. Civ. P. Rule 6(d)(1) (made applicable to service outside the Commonwealth by Rule 6(e) a sheriff may make service on a defendant by leaving process at the last and usual abode of the defendant and mailing copies, failing which, “. . . the court may on application of the plaintiff issue an order of notice. . .” 7. CED seeks an order of this court to permit it to employ a New Hampshire process server to serve process, if possible, by hand delivery, or as specified in Mass. R. Civ. P. Rule 6(d)(1), that is, by leaving process at Pare’s Jast and usual place of abode at 10 Daigles Way, ‘ Rochester, NH 03868 and mailing copies of process to the same address. 8 In addition, if CED does not serve Pare on or before ninety (90) days after the date this action was filed, its suit against Pare is subject to dismissal under Mass R. Civ. P. Rule 4(). Therefore, CED requests that the time to obtain service on Pare be extended for 90 days from the date of the Court’s order upon this Motion. WHEREFORE, CED requests that this Honorable Court order that it may serve Pare by a ! New Hampshire process server by delivering the summons and complaint to Pare’s last and usual place of abode and mailing same, or, if possible, by hand delivery, and that the time within which CED may serve Pare be extended for ninety (90) days from the date of allowance of this motion. RESPECTFULLY SUBMITTED, CONSOLIDATED ELECTRI CAL ‘ DISTRIBUTORS, INC., D, pd UY Like D GRt ou [0/14 20) rane iz RLY LZ ST / 39 hillips, qh /4 B.B.O. 8480 Christopher S. Tolley, Esq. B.B.O. #548180 Daniel Treger, Esq. B.B.O. #562147 Phillips & Angley One Washington Mall Boston, MA 02108 Tel. No. 617-367-8787 jphillips@phillips-angley.com ctolley@phillips-angley.com dtreger; hillips-angley.com CERTIFICATE OF SERVICE — Lie y [hereby certify that | have served a copy of the foregoing to all parties or their counsel of record by mail on ie LALITG\CELDO18\Plaintiffs' Motion for Order of Notice.doc Strafford County Sheriff's Office 259 County Farm Rd. Suite 105 Dover New Hampshire 03820 State of New Hampshire Strafford, SS Non-Est (non-service) Date: 09/29/2021 As Commanded, I have made a diligent search and have not been able to find the defendant Brian Pare, within my precinct. Atle 163% Deputy Scott Fingle #9636 O Defendant has moved to the following address: O Defendant has moved and left no forwarding address with the Post Office. O Defendant is not living at the address provided and the occupant’s cannot /will not provide a current address. | 1 The address is valid, but IN HAND service has not been successful. In order to comply with the minimum notice requirement, the return day must be amended. O The address is valid, but IN HAND, as required, has not been accomplished. If you would like further attempts at service of this writ, please provide a work address.and a date of birth. By requesting further attempts, additional costs to you will be incurred. O Other: EXHIBIT FOR RETURN CIVIL DOCKET NO. Summons Trial Court of Massachusetts ZIGUCVOZOHS The Superior Court CASE NAME: Consgalidodted Electrical Distvtovtees, Inc. Michael Joseph Donovan Clerk of Courts diola Greantech CED Suffolk COURT NAME & ADDRESS: County Plaintiff(s) GoSoior NH, LLC, Brian Pave SUPERIOR CIVIL COURT and Jake 9 tai SUFFOLK COUNTY COURTHOUSE THREE PEMBERTON SQ. 12th Floor Defendant(s) BOSTON, MASSACHUSETTS 02108 THIS SUMMONS Is DIRECTED To OKan Tore. (Defendant's name) You are being sued. The Piaintiff(s) named above has started a lawsuit against you. A copy of the Plaintiffs Complaint filed against you is attached to this summons and the original complaint has been filed in the Suffik Superior Court. YOU MUST ACT PROMPTLY TO PROTECT YOUR RIGHTS. 1. You must respond to this lawsuit in writing within 20 day: If you do not respond, the court may decide the case against you and award the Plaintiff everything asked for in the complaint. You will also’ tose the opportunity to tell your side of the story. You must tespond to this lawsuit in writing even if you expect to resolve this matter with the Plaintiff. If you need more time to respond, you may request an extension of time in writing from the Court. 2. How to Respond, I ! To respond to this lawsuit, you must file a written to response with the court and mail a copy to the Plaintiff Attorney (or the Plaintiff, if unrepresented). You can do this by: & Suffolk Supertat court a) Filing your signed o1 inal ere with the Clerk's Office for Civil Business, 2 Pender’ ‘ ‘ A OZ Ics (address), by mail or in person AND et b) Bris or ee a Slee of your res| se to the aon Mau ¢ intiff at the following address: WMips + Prgley . One, ash ingto im ostan, MA 02108 3. What to Include in Your Response. An "Answer" is one type of response to a Complaint. Your Answer must state whether you agree or disagree with the fact(s) alleged in each paragraph of the Complaint. Some defenses, called affirmative defenses, must be stated in your Answer or you may lose your right to use them in court. If you have any claims against the Plaintiff (referred to as counterclaims) that are based on the same facts or transaction described in the Complaint, then you must include those claims in your Answer. Otherwise, you may lose your right to sue the Plaintiff about anything related to this lawsuit. If you want to have your case heard by a jury, you must specifically request a jury trial in your court no more than 10 days after sending your Answer. 3 (cont). You can also respond to a Complaint by filing a "Motion to Dismiss," if you believe that the complaint is legally invalid-or legally insufficient. A Motion to Dismiss must be based on one of the legal deficiencies or reasons listed under Mass. R. Civ. P. 12. If you are filing a Motion to Dismiss, you must also comply with the filing procedures for "Civil Motions" described in the rules of the Court in which the complaint was filed, available at: www. mass. gov/courts/case-legal-res/rules_of_court '' 4, Legal Assistance. : 1 You may wish to get legal help from a lawyer. If you cannot get legal help, some basic information for people'who represent themselves is available at www.mass.govw/courts/selfheip. 5. Required Information on All Filings: The "civil docket number" appearing at the top of this notice is the case number assigned to this case and must appear on the front of your Answer or Motion to Dismiss. You should refer to yourself as the "Defendant." . Witness Hon, Heidi E. Brieger , Chief Justice on a8 202 . (Seal) Clerk-Magistrate 4 Mebel mE dor MichaelWo \AoxovesS ph Donovan Note: The fumber assigned to the Complaint by the Cierk-Magistrate at the baginning of the lawsuit shauld be indicated on the summons before il is served on the Defendant. PROOF OF SERVICE OF PROCESS | hereby certify that on . | served a copy of this summons, together with a copy of the complaint in this action, on the defendant named in this summons, in the following manner (See Mass. R. Civ. P. 4(d)(145)): Dated: Signature: N.B. TO PROCESS SERVER: PLEASE ENTER THE DATE THAT YOU MADE SERVICE ON THE DEFENDANT IN THIS BOX - BOTH ON THE ORIGINAL SUMMONS AND ON THE COPY OF THE SUMMONS SERVED ON THE DEFENDANT. Date: rev. 1/2019