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Commonwealth of Massachusetts :
Suffolk, ss. SUPERIOR COURT
DEPARTMENT OF THE TRIAL COURT
CIVIL ACTION NO. 1984CV02032A
TREVOR BLAKE, as Trustee of Blake &
Sydney Realty Trust,
Plaintiff,
v.
R&R SALES, INC. formerly known as
R-R SALES, INCORPORATED, successor by merger to
NEW ENGLAND LUMBER SALES COMPANY, INC.
now known as NEW ENGLAND LUMBER, INC.
ANNE J. RAIMONDI as Director, and
PAUL MCCORMACK as Director, the ESTATE OF
ROBERT A. RAIMONDI, SR., and the HEIRS OF
ROBERT A. RAIMONDI, SR.
Defendants.
SSS SSS SSS SSH HH SY
PLAINTIFF’S MOTION TO EXTEND TRACKING ORDER
\
The Plaintiff, Trevor Blake, as Trustee of Blake & Sydney Realty Trust (the “Plaintiff’), moves to
extend the Tracking Order dates in this case for a period of six (6) months. As grounds for this motion, the
Plaintiff states that he has experienced difficulty in locating and serving the Complaint upon the Defendants
R&R Sales, Inc., New England Lumber, Inc. and the Heirs of Robert Raimondi, Sr. The Plaintiff
specifically states: ‘
1. On June 25, 2019, the Plaintiff filed this action to obtain an order decreeing and declaring that
a certain Mortgage allegedly given by him to R&R Sales, Inc. (n/k/a New England Lumber, Inc.) and
encumbering his real property located-in Dorchester, Suffolk County, Massachusetts has been rendered
invalid and ineffective, and that said Mortgage should be discharged from the records at the Suffolk County
Registry of Deeds.
2. On June 26, 2019, the Plaintiff attempted to serve the Complaint upon R&R Sales, Inc. via
the Norfolk County Sheriff's Department because in its most recent Annual Report filed with the
Massachusetts Secretary of the Commonwealth Corporations Division, R & R Sales, Inc. listed its principal
place of business at c/o New England Lumber, Inc., 219 Gardiner Road, Quincy, MA 02169. The Norfolk
County Sheriff was unable to complete service.
3. On June 26, 2019, the Plaintiff also attempted to serve the Complaint upon R & R Sales, Inc.
via the Suffolk County Sheriff's Department because according to the Massachusetts Secretary of the
Commonwealth Corporations Division, R & R Sales’ most recent address is c/o New England Lumber, Inc.
174 Hampden Street, Roxbury (Boston), MA 02119. The Suffolk County Sheriff was unable to complete
service.4. Inaddition, Robert A. Raimondi, Sr., the registered agent and sole shareholder of both R & R
Sales and New England Lumber, Inc. died on or about June 8, 2013, and none of Mr. Raimondi’s heirs have
' instituted or appeared in any Massachusetts probate proceeding such that they could be ascertained by the
Plaintiff.
5. Having conducted a diligent search for the Defendants R&R Sales, Inc., New England
Lumber, Inc., and the Raimondi heirs to no avail, the Plaintiff requested an order permitting service of the
Complaint by publication.
6. On October 2, 2019, the Court (Tochka, J.) granted the Plaintiff's motion to serve the two
corporate Defendants by publication, and the publication appeared in the Boston Globe on November 5,
2019. The answer is not yet due. \
7. - At that same hearing, the Court suggested that the Plaintiff attempt to locate the Raimondi
heirs using Ancestry.com. Upon the Court’s suggestion, the Plaintiff was able to locate four Raimondi heirs,
and is in the process of serving them with the Complaint. The answers are not yet due.
WHEREFORE, the Plaintiff respectfully seeks an Order that extends the Tracking Order deadlines
by six (6) months to account for the difficulty in serving the Defendants. ‘
Respectfully submitted,
Trevor Blake, Trustee’
Blake & Sydney. Realty Trust
By his attomeys
Dated: November 22, 2019
Denzil D. McKenzie, .
Timothy A.M. Fraser, BBO No. 652146 -
McKenzie & Associates, P.C.
: 183 State Street :
Boston, MA 02109!
Tel.: (617) 723-0400
Fax: (617) 723-7234
| Email: dmckenzie@mckenzielawpc.com
| Email: tfraser@mckenzielawpc.com
1
i
1 Certificate of Service '
I do hereby certify that I served a copy of the foregoing MOTION TO EXTEND
TRACKING ORDER on all parties and counsel of record to this matter by sending same
via email-and first-class mail, postage pre-paid.
Dated: November 22, 2019
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‘ ae Commonwealth of Massachusetts : Suffolk, ss. SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 1984CV02032A TREVOR BLAKE, as Trustee of Blake & Sydney Realty Trust, Plaintiff, v. R&R SALES, INC. formerly known as R-R SALES, INCORPORATED, successor by merger to NEW ENGLAND LUMBER SALES COMPANY, INC. now known as NEW ENGLAND LUMBER, INC. ANNE J. RAIMONDI as Director, and PAUL MCCORMACK as Director, the ESTATE OF ROBERT A. RAIMONDI, SR., and the HEIRS OF ROBERT A. RAIMONDI, SR. Defendants. SSS SSS SSS SSH HH SY PLAINTIFF’S MOTION TO EXTEND TRACKING ORDER \ The Plaintiff, Trevor Blake, as Trustee of Blake & Sydney Realty Trust (the “Plaintiff’), moves to extend the Tracking Order dates in this case for a period of six (6) months. As grounds for this motion, the Plaintiff states that he has experienced difficulty in locating and serving the Complaint upon the Defendants R&R Sales, Inc., New England Lumber, Inc. and the Heirs of Robert Raimondi, Sr. The Plaintiff specifically states: ‘ 1. On June 25, 2019, the Plaintiff filed this action to obtain an order decreeing and declaring that a certain Mortgage allegedly given by him to R&R Sales, Inc. (n/k/a New England Lumber, Inc.) and encumbering his real property located-in Dorchester, Suffolk County, Massachusetts has been rendered invalid and ineffective, and that said Mortgage should be discharged from the records at the Suffolk County Registry of Deeds. 2. On June 26, 2019, the Plaintiff attempted to serve the Complaint upon R&R Sales, Inc. via the Norfolk County Sheriff's Department because in its most recent Annual Report filed with the Massachusetts Secretary of the Commonwealth Corporations Division, R & R Sales, Inc. listed its principal place of business at c/o New England Lumber, Inc., 219 Gardiner Road, Quincy, MA 02169. The Norfolk County Sheriff was unable to complete service. 3. On June 26, 2019, the Plaintiff also attempted to serve the Complaint upon R & R Sales, Inc. via the Suffolk County Sheriff's Department because according to the Massachusetts Secretary of the Commonwealth Corporations Division, R & R Sales’ most recent address is c/o New England Lumber, Inc. 174 Hampden Street, Roxbury (Boston), MA 02119. The Suffolk County Sheriff was unable to complete service.4. Inaddition, Robert A. Raimondi, Sr., the registered agent and sole shareholder of both R & R Sales and New England Lumber, Inc. died on or about June 8, 2013, and none of Mr. Raimondi’s heirs have ' instituted or appeared in any Massachusetts probate proceeding such that they could be ascertained by the Plaintiff. 5. Having conducted a diligent search for the Defendants R&R Sales, Inc., New England Lumber, Inc., and the Raimondi heirs to no avail, the Plaintiff requested an order permitting service of the Complaint by publication. 6. On October 2, 2019, the Court (Tochka, J.) granted the Plaintiff's motion to serve the two corporate Defendants by publication, and the publication appeared in the Boston Globe on November 5, 2019. The answer is not yet due. \ 7. - At that same hearing, the Court suggested that the Plaintiff attempt to locate the Raimondi heirs using Ancestry.com. Upon the Court’s suggestion, the Plaintiff was able to locate four Raimondi heirs, and is in the process of serving them with the Complaint. The answers are not yet due. WHEREFORE, the Plaintiff respectfully seeks an Order that extends the Tracking Order deadlines by six (6) months to account for the difficulty in serving the Defendants. ‘ Respectfully submitted, Trevor Blake, Trustee’ Blake & Sydney. Realty Trust By his attomeys Dated: November 22, 2019 Denzil D. McKenzie, . Timothy A.M. Fraser, BBO No. 652146 - McKenzie & Associates, P.C. : 183 State Street : Boston, MA 02109! Tel.: (617) 723-0400 Fax: (617) 723-7234 | Email: dmckenzie@mckenzielawpc.com | Email: tfraser@mckenzielawpc.com 1 i 1 Certificate of Service ' I do hereby certify that I served a copy of the foregoing MOTION TO EXTEND TRACKING ORDER on all parties and counsel of record to this matter by sending same via email-and first-class mail, postage pre-paid. Dated: November 22, 2019