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Commonwealth of Massachusetts
BACVO
BARNSTABLE, SS. BARNSTABLE S| SUPERIOR COURT
CIVIL ACTION NO.
GAIL BLISS and DIANNE C. WEBBER,
Plaintiffs,
Vv.
SUPERIOR COURT
BARNSTABLE, SS
EVELYN METZ and the HEIRS AND LEGAL
REPRESENTATIVES OF EVELYN METZ, and IRWIN
JAN 03 2024
METZ and the HEIRS AND LEGAL REPRESENTATIVES FILED
OF IRWIN METZ, Scott W. Nickerson, Clerk
Defendants.
PLAINTIFF’S MOTION FOR REQUEST OF SERVICE BY PUBLICATION
NOW COME the Plaintiffs, GAIL BLISS and DIANNE C. WEBBER, and hereby move
this Honorable Court pursuant to Rule 4(d)(1) of the Massachusetts Rules of Civil Procedure, to
enter an Order permitting the service by publication of certain unknown and unascertained
Defendants in this quiet title action.
In support thereof, Plaintiffs state as follows:
1. This is an action to quiet title, brough pursuant to M.G.L. c. 240, sec. 6, concerning
certain real estate located at 551 Commercial Street, Provincetown, Massachusetts 02657.
2. There may be potential Defendants with an interest in the property. Specifically,
Evelyn Metz and Irwin Metz, who are in parts unknown or deceased, and / or their unknown
respective Heirs and legal representatives.
3. Gail Bliss obtained title to this real estate under deed dated November 9, 1984 from
Evelyn Metz as “surviving tenant by the entirety” recorded with Barnstable County Registry of
Ro
Deeds in Book 4321, Page 124. Unfortunately, a death certificate of Irwin Metz was not recorded
at that time.
4, On September 17, 2023, Bliss conveyed title to the property to Webber in a deed
recorded at the Barnstable County Registry of Deeds in Book 35992, Page 101.
5. Extensive and diligent efforts by Bliss’ counsel, Attorney Karen LaVoie, and a private
detective have failed to locate a death certificate for Evelyn Metz.
6. The authorizing statute - M.G.L. c.240 — provides for service by publication in
addition to other means of service normally authorized for those Defendants who cannot be
readily ascertained.
7.M.G.L, c 240, sec. 7 permits this Court to place, at Plaintiffs’ request, “order of notice
of the action. ..in a conspicuous place on the land or to be published in a newspaper within or
without the commonwealth, or both.” M.G.L. c.240, sec. 7 also provides that such notice
“shall be constructive service on all defendants.”
8. Plaintiffs respectfully request, in accordance with M.G.L. c. 240, sec. 7, that this Court
authorize service by publication of Defendants in parts unknown or Defendants unknown in this
action by publishing a notice once in the Cape Cod Times, the newspaper of record for
Barnstable County.
9. Plaintiffs respectfully submit, for this Court’s approval, the Proposed Order of Notice
of this action for publication in the Cape Cod Times, which is attached hereto.
57 2.
WHEREFORE, Plaintiffs, Gail Bliss and Dianne C. Webber, respectfully request that this
Honorable Court:
(1) Authorize service by publication by publishing the Proposed Order or such other
language approved by this Court once in the Cape Cod Times, to be at least fourteen (14) days
prior to the return date of 3 and
(2) Grant such other relief as this Court deems meet and just.
Respectfully submitted,
Plaintiffs,
By Their Counsel,
Hila» (3/29/9023
DONNA M. ROBERTSON, ESQ.
BBO No.: 422620
25 Mid-Tech Drive, Suite C
West Yarmouth, MA 02673
(508) 775 — 3433
drobertson @capecodlawyers.com
PROPOSED ORDER FOR SERVICE BY PUBLICATION
This action having come before the Honorable Superior Court of
Barnstable County. and the Court having been satisfied that there are
grounds to support service by publication upon certain Defendants in this
action, and consistent with M.G.L. ce. 240, sec. 7, this Court hereby orders
that the following notice be published once in the Cape Cod Times, at least
fourteen (14) days before the return date of
hk
Commonwealth of
Massachusetts
The Superior Court
Barnstable County
3195 Main St, Barnstable, MA 02630
NOTICE OF PENDING ACTION TO QUIET TITLE PURSUANT TO
M.G.L. c. 240, SEC. 7 AND NOTICE OF TAKING BY ADVERSE
POSSESSION PURSUANT TO M.GLL. c. 260
Docket No.
Gail Bliss, prior owner and Dianne C. Webber, now the record owner of certain
real property located at 551 Commercial Street, Provincetown, Massachusetts
02657 and more specifically described Book 64321, Page 124 and in Book 35992,
Page 101 in the Barnstable County Registry of Deeds, have hereby filed a
Complaint to Quiet Title pursuant to M.G.L. c. 240, sec. 6 and adverse
possession pursuant to M.G.L. c. 260 which may affect the rights and interests of
the Defendants or other unknown individuals with a purported interest in the
property. IMPORTANT NOTICE: Any person with an interest in this property,
as proved by evidence sufficient to state their interest, may enter themselves as
Defendant in this action and object to the petition to quiet title to the property by
filing an appearance as a Defendant on or before . This is not a
hearing date, but a deadline by which you must file a written appearance or
otherwise enter yourself as a Defendant in this action to contest this Complaint
to Quiet Title. WITNESS, Hon. , Judge of the Superior Court.
Date: December___, 2024
Made and ordered by this Honorable Court this day of 2024,
WITNESS:
Hon.
Judge.
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78 % Commonwealth of Massachusetts BACVO BARNSTABLE, SS. BARNSTABLE S| SUPERIOR COURT CIVIL ACTION NO. GAIL BLISS and DIANNE C. WEBBER, Plaintiffs, Vv. SUPERIOR COURT BARNSTABLE, SS EVELYN METZ and the HEIRS AND LEGAL REPRESENTATIVES OF EVELYN METZ, and IRWIN JAN 03 2024 METZ and the HEIRS AND LEGAL REPRESENTATIVES FILED OF IRWIN METZ, Scott W. Nickerson, Clerk Defendants. PLAINTIFF’S MOTION FOR REQUEST OF SERVICE BY PUBLICATION NOW COME the Plaintiffs, GAIL BLISS and DIANNE C. WEBBER, and hereby move this Honorable Court pursuant to Rule 4(d)(1) of the Massachusetts Rules of Civil Procedure, to enter an Order permitting the service by publication of certain unknown and unascertained Defendants in this quiet title action. In support thereof, Plaintiffs state as follows: 1. This is an action to quiet title, brough pursuant to M.G.L. c. 240, sec. 6, concerning certain real estate located at 551 Commercial Street, Provincetown, Massachusetts 02657. 2. There may be potential Defendants with an interest in the property. Specifically, Evelyn Metz and Irwin Metz, who are in parts unknown or deceased, and / or their unknown respective Heirs and legal representatives. 3. Gail Bliss obtained title to this real estate under deed dated November 9, 1984 from Evelyn Metz as “surviving tenant by the entirety” recorded with Barnstable County Registry of Ro Deeds in Book 4321, Page 124. Unfortunately, a death certificate of Irwin Metz was not recorded at that time. 4, On September 17, 2023, Bliss conveyed title to the property to Webber in a deed recorded at the Barnstable County Registry of Deeds in Book 35992, Page 101. 5. Extensive and diligent efforts by Bliss’ counsel, Attorney Karen LaVoie, and a private detective have failed to locate a death certificate for Evelyn Metz. 6. The authorizing statute - M.G.L. c.240 — provides for service by publication in addition to other means of service normally authorized for those Defendants who cannot be readily ascertained. 7.M.G.L, c 240, sec. 7 permits this Court to place, at Plaintiffs’ request, “order of notice of the action. ..in a conspicuous place on the land or to be published in a newspaper within or without the commonwealth, or both.” M.G.L. c.240, sec. 7 also provides that such notice “shall be constructive service on all defendants.” 8. Plaintiffs respectfully request, in accordance with M.G.L. c. 240, sec. 7, that this Court authorize service by publication of Defendants in parts unknown or Defendants unknown in this action by publishing a notice once in the Cape Cod Times, the newspaper of record for Barnstable County. 9. Plaintiffs respectfully submit, for this Court’s approval, the Proposed Order of Notice of this action for publication in the Cape Cod Times, which is attached hereto. 57 2. WHEREFORE, Plaintiffs, Gail Bliss and Dianne C. Webber, respectfully request that this Honorable Court: (1) Authorize service by publication by publishing the Proposed Order or such other language approved by this Court once in the Cape Cod Times, to be at least fourteen (14) days prior to the return date of 3 and (2) Grant such other relief as this Court deems meet and just. Respectfully submitted, Plaintiffs, By Their Counsel, Hila» (3/29/9023 DONNA M. ROBERTSON, ESQ. BBO No.: 422620 25 Mid-Tech Drive, Suite C West Yarmouth, MA 02673 (508) 775 — 3433 drobertson @capecodlawyers.com PROPOSED ORDER FOR SERVICE BY PUBLICATION This action having come before the Honorable Superior Court of Barnstable County. and the Court having been satisfied that there are grounds to support service by publication upon certain Defendants in this action, and consistent with M.G.L. ce. 240, sec. 7, this Court hereby orders that the following notice be published once in the Cape Cod Times, at least fourteen (14) days before the return date of hk Commonwealth of Massachusetts The Superior Court Barnstable County 3195 Main St, Barnstable, MA 02630 NOTICE OF PENDING ACTION TO QUIET TITLE PURSUANT TO M.G.L. c. 240, SEC. 7 AND NOTICE OF TAKING BY ADVERSE POSSESSION PURSUANT TO M.GLL. c. 260 Docket No. Gail Bliss, prior owner and Dianne C. Webber, now the record owner of certain real property located at 551 Commercial Street, Provincetown, Massachusetts 02657 and more specifically described Book 64321, Page 124 and in Book 35992, Page 101 in the Barnstable County Registry of Deeds, have hereby filed a Complaint to Quiet Title pursuant to M.G.L. c. 240, sec. 6 and adverse possession pursuant to M.G.L. c. 260 which may affect the rights and interests of the Defendants or other unknown individuals with a purported interest in the property. IMPORTANT NOTICE: Any person with an interest in this property, as proved by evidence sufficient to state their interest, may enter themselves as Defendant in this action and object to the petition to quiet title to the property by filing an appearance as a Defendant on or before . This is not a hearing date, but a deadline by which you must file a written appearance or otherwise enter yourself as a Defendant in this action to contest this Complaint to Quiet Title. WITNESS, Hon. , Judge of the Superior Court. Date: December___, 2024 Made and ordered by this Honorable Court this day of 2024, WITNESS: Hon. Judge.