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Daté Filed 8/11/2022 2:51 PM.
Superior Court - Worcester
Docket Number
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. v 4A
CITRUS PROPERTY INVESTMENTS, LLC
Plaintiff,
Vv.
EMILE & DOREEN MENARD, BEAVER,
PROPERTIES, LLC, BEAVER WORCESTER.
LLC, AND WHITEACRE PROPERTIES
LLC.
Defendants.
MEMORANDUM OF LIS PENDENS
Notice is hereby given of the pendency of a matter in the Massachusetts Superior Court
between the Plaintiff, Citrus Property Investments, LLC, and Defendants, Emile and Doreen
Menard, Beaver Properties, LLC, Beaver Worcester LLC, and Whiteacre Properties LLC, which
action was commenced on August 11, 2022 by the Plaintiff filing of a Verified Complaint. The
action affects and constitutes a claim of a right to title, use and occupation of certain lands
described further below, and the buildings thereon, being that land in Worcester, Worcester
County, Massachusetts identified as 51 Beaver Street, Worcester, MA (the “Property”) and
bounded and described as follows:
The land in Worcester, Worcester County, Massachusetts, on the southerly line of Beaver
Street and being shown as Lot B on a plan of land owned by Thomas E. Marshall,
Executor, dated May 24, 1929, and made by Herbert A. Pratt, C.E. and recorded in Plan
Book 2495, Page 561 and more particularly bounded and described as follows:
Being at a point in said southerly line of Beaver Street distant Fifty-four (54) feet easterly
from the intersection of said line of Beaver Street with the east line of Marble Street;
Thence South 86° 38’ E. by said line of Beaver Street, fifty-eight (58) feet to a point,
being the northwest corner of Lot A on said Plan;
1
Date Filed 8/11/2022 2:51 PM
Superior Court - Worcester
Docket Number
Thence South 4° 06’ W. by said Lot A, one hundred nine and forty hundredths (109.40)
feet to a point at land of one White, formerly of one Marble;
Thence Northwesterly by land of said White, formerly of one Marble, fifty (50) feet toa
point, being southeast comer of Lot C on said Plan;
Thence North 1° 39° W. by said Lot C thirty-six and sixty-five hundredths (36.65) feet to
a stake at an angle in said Line of Lot C;
Thence North 0° 47’ E still by the line of said Lot C seventy-three (73) feet to a point in
the Southerly line of Beaver Street and the point of beginning.
A copy of the current Deed for the property, was recorded at the Plymouth County Registry of
Deeds in Book 68044, Page 300 on August 9, 2022.
Moreover, pursuant to M.G.L. c.184, §15(b), there is a clear danger that the Defendants, if
notified in advance of the endorsement of the Memorandum, will convey, encumber, damage or
destroy the property or the improvements thereon. This Memorandum and Notice of Lis Pendens
is given in accordance with and pursuant to M.G.L. c.184, §15
Respectfully submitted,
CITRUS PROPERTY INVESTMENTS, LLC
By its attorney,
/s/ Gregory J. Fleming
Gregory J. Fleming, Esq. (BBO #568630)
Mirrione, Shaughnessy & Uitti, LLC
2 Batterymarch Park, Suite 202
Quincy, MA 02169
(P) (508) 510-5727
(F) (508) 857-0751
gfleming@msullc.com
Dated: August11, 2022
Daté Filed 8/11/2022 2:51 PM
Superior Court - Worcester
Docket Number
After hearing, the Court finds that the within action, pending in this Court, constitutes a claim of
a right to title to real property, or the use and occupation thereof and the buildings thereon, and
further finds that there is a clear danger that the Defendants, if notified in advance of the
endorsement of the Memorandum, will convey the Property to a third party. This Court hereby
grants Plaintiff's Motion for Approval and Endorsement of Memorandum of Lis Pendens Ex Parte.
“—
This finding and endorsement are made this yy a of August 202
af pL
, Justice
Preview
Daté Filed 8/11/2022 2:51 PM. Superior Court - Worcester Docket Number COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. v 4A CITRUS PROPERTY INVESTMENTS, LLC Plaintiff, Vv. EMILE & DOREEN MENARD, BEAVER, PROPERTIES, LLC, BEAVER WORCESTER. LLC, AND WHITEACRE PROPERTIES LLC. Defendants. MEMORANDUM OF LIS PENDENS Notice is hereby given of the pendency of a matter in the Massachusetts Superior Court between the Plaintiff, Citrus Property Investments, LLC, and Defendants, Emile and Doreen Menard, Beaver Properties, LLC, Beaver Worcester LLC, and Whiteacre Properties LLC, which action was commenced on August 11, 2022 by the Plaintiff filing of a Verified Complaint. The action affects and constitutes a claim of a right to title, use and occupation of certain lands described further below, and the buildings thereon, being that land in Worcester, Worcester County, Massachusetts identified as 51 Beaver Street, Worcester, MA (the “Property”) and bounded and described as follows: The land in Worcester, Worcester County, Massachusetts, on the southerly line of Beaver Street and being shown as Lot B on a plan of land owned by Thomas E. Marshall, Executor, dated May 24, 1929, and made by Herbert A. Pratt, C.E. and recorded in Plan Book 2495, Page 561 and more particularly bounded and described as follows: Being at a point in said southerly line of Beaver Street distant Fifty-four (54) feet easterly from the intersection of said line of Beaver Street with the east line of Marble Street; Thence South 86° 38’ E. by said line of Beaver Street, fifty-eight (58) feet to a point, being the northwest corner of Lot A on said Plan; 1 Date Filed 8/11/2022 2:51 PM Superior Court - Worcester Docket Number Thence South 4° 06’ W. by said Lot A, one hundred nine and forty hundredths (109.40) feet to a point at land of one White, formerly of one Marble; Thence Northwesterly by land of said White, formerly of one Marble, fifty (50) feet toa point, being southeast comer of Lot C on said Plan; Thence North 1° 39° W. by said Lot C thirty-six and sixty-five hundredths (36.65) feet to a stake at an angle in said Line of Lot C; Thence North 0° 47’ E still by the line of said Lot C seventy-three (73) feet to a point in the Southerly line of Beaver Street and the point of beginning. A copy of the current Deed for the property, was recorded at the Plymouth County Registry of Deeds in Book 68044, Page 300 on August 9, 2022. Moreover, pursuant to M.G.L. c.184, §15(b), there is a clear danger that the Defendants, if notified in advance of the endorsement of the Memorandum, will convey, encumber, damage or destroy the property or the improvements thereon. This Memorandum and Notice of Lis Pendens is given in accordance with and pursuant to M.G.L. c.184, §15 Respectfully submitted, CITRUS PROPERTY INVESTMENTS, LLC By its attorney, /s/ Gregory J. Fleming Gregory J. Fleming, Esq. (BBO #568630) Mirrione, Shaughnessy & Uitti, LLC 2 Batterymarch Park, Suite 202 Quincy, MA 02169 (P) (508) 510-5727 (F) (508) 857-0751 gfleming@msullc.com Dated: August11, 2022 Daté Filed 8/11/2022 2:51 PM Superior Court - Worcester Docket Number After hearing, the Court finds that the within action, pending in this Court, constitutes a claim of a right to title to real property, or the use and occupation thereof and the buildings thereon, and further finds that there is a clear danger that the Defendants, if notified in advance of the endorsement of the Memorandum, will convey the Property to a third party. This Court hereby grants Plaintiff's Motion for Approval and Endorsement of Memorandum of Lis Pendens Ex Parte. “— This finding and endorsement are made this yy a of August 202 af pL , Justice