On March 12, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Commonwealth Of Massachusetts,
and
One 2021 Honda Accord Bearing Vehicle Identification Number 1Hgcv1F44Ma068057 And Forty-Four Thousand Eight Hundred Twenty-One Dollars,
for Administrative Civil Actions
in the District Court of Worcester County.
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Date Filed 3/12/2024 2:50 PM
Superior Court - Worcester
Docket Number
E-FILED
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. WORCESTER SUPERIOR COURT
DEPARTMENT OF THE TRIAL COURT
CIVIL ACTION NO. 2485CV oO RASC
COMMONWEALTH OF MASSACHUSETTS
MOTION FOR ORDER OF
Vv. NOTICE PURSUANT TO
SUPERIOR COURT RULE
ONE 2021 HONDA ACCORD BEARING 74
VEHICLE IDENTIFICATION NUMBER.
THGCV1F44MA068057 AND FORTY-FOUR )
THOUSAND EIGHT HUNDRED TWENTY-ONE )
DOLLARS ($44,821.00) IN UNITED STATES )
CURRENCY,
DEFENDANT )
INTERESTED PARTIE! S/POTENTIAL CLAIMANTS
PATRICK BUTTS
DOB 08/19/90
MARITZA GOMEZ
DOB 04/13/95
Now comes the Plaintiff Commonwealth in the above-captioned in rem, civil forfeiture
case matter, and pursuant to Superior Court Rule 74 moves that the Court issue an Order of Notice
requiring the Plaintiff to notify the above-named persons and potential claimants who may own or
have an interest in the in rem Defendant property seized by the police.
In support of this motion, the Plaintiff Commonwealth states that Superior Rule 74
requires that the Commonwealth should provide actual notice to each interested person and
potential claimant: (a) from whose possession the property was seized; (b) who holds registered or
recorded title to the seized property; or (c) who, according to information known to or within the
possession, custody, or control of the Commonwealth, has or may claim an interest in the seized
property.
Notice shall be served on any interested person and potential claimant who is not
incarcerated either in hand, or by Certified or Registered mail requiring a signed receipt. Notice
shall be served on any such person who is incarcerated either in hand by a custodial officer at the
person’s place of incarceration, or by Certified or Registered mail requiring a signed receipt and
addressed to that person at the place of incarceration. If the person being served is represented by
an attorney in the above-captioned civil forfeiture matter and/or in a related criminal proceeding,
notice also shall be served on each such attorney by First Class mail at the office address indicated
by the Massachusetts Board of Bar Overseers.
The Plaintiff also moves that, in addition to serving notice to the interested persons and
Date Filed 3/12/2024 2:50 PM
Superior Court - Worcester
Docket Number
potential claimants by Certified or Registered mail, the Plaintiff be allowed to serve supplemental
notice by First Class mail. See Jones v. Flowers, 547 U.S. 220, 226 (2006).
For the Plaintiff
COMMONWEALTH OF MASSACHUSETTS
Respectfully submitted by,
Krisfa L. Wallace
Assistant District Attorney
Worcester Trial Court
225 Main Street, Room G-301
Worcester, MA 01608-1203
(774) 317-2404
nid.assetforfeiture@mass.g0v
BBO # 663232
Date: March 12, 2024
2-
Document Filed Date
March 12, 2024
Case Filing Date
March 12, 2024
Category
Administrative Civil Actions
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Date Filed 3/12/2024 2:50 PM Superior Court - Worcester Docket Number E-FILED COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. WORCESTER SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2485CV oO RASC COMMONWEALTH OF MASSACHUSETTS MOTION FOR ORDER OF Vv. NOTICE PURSUANT TO SUPERIOR COURT RULE ONE 2021 HONDA ACCORD BEARING 74 VEHICLE IDENTIFICATION NUMBER. THGCV1F44MA068057 AND FORTY-FOUR ) THOUSAND EIGHT HUNDRED TWENTY-ONE ) DOLLARS ($44,821.00) IN UNITED STATES ) CURRENCY, DEFENDANT ) INTERESTED PARTIE! S/POTENTIAL CLAIMANTS PATRICK BUTTS DOB 08/19/90 MARITZA GOMEZ DOB 04/13/95 Now comes the Plaintiff Commonwealth in the above-captioned in rem, civil forfeiture case matter, and pursuant to Superior Court Rule 74 moves that the Court issue an Order of Notice requiring the Plaintiff to notify the above-named persons and potential claimants who may own or have an interest in the in rem Defendant property seized by the police. In support of this motion, the Plaintiff Commonwealth states that Superior Rule 74 requires that the Commonwealth should provide actual notice to each interested person and potential claimant: (a) from whose possession the property was seized; (b) who holds registered or recorded title to the seized property; or (c) who, according to information known to or within the possession, custody, or control of the Commonwealth, has or may claim an interest in the seized property. Notice shall be served on any interested person and potential claimant who is not incarcerated either in hand, or by Certified or Registered mail requiring a signed receipt. Notice shall be served on any such person who is incarcerated either in hand by a custodial officer at the person’s place of incarceration, or by Certified or Registered mail requiring a signed receipt and addressed to that person at the place of incarceration. If the person being served is represented by an attorney in the above-captioned civil forfeiture matter and/or in a related criminal proceeding, notice also shall be served on each such attorney by First Class mail at the office address indicated by the Massachusetts Board of Bar Overseers. The Plaintiff also moves that, in addition to serving notice to the interested persons and Date Filed 3/12/2024 2:50 PM Superior Court - Worcester Docket Number potential claimants by Certified or Registered mail, the Plaintiff be allowed to serve supplemental notice by First Class mail. See Jones v. Flowers, 547 U.S. 220, 226 (2006). For the Plaintiff COMMONWEALTH OF MASSACHUSETTS Respectfully submitted by, Krisfa L. Wallace Assistant District Attorney Worcester Trial Court 225 Main Street, Room G-301 Worcester, MA 01608-1203 (774) 317-2404 nid.assetforfeiture@mass.g0v BBO # 663232 Date: March 12, 2024 2-