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Home My WebLink AboutHIGGINS, JOAN A JAMES J. GAFFNEY III RECEWED Attorney or Low DAPI--L LO.4G 1360 Main Street T01irJ !ARK Tewksbury, Massachusetts 01876 NORTI' 851.5234 JuN 7 12 41 PH X82 June 3, 1982 Middlesek County Lowell District Court Attn: Clerk for Civil Business 41 Hurd Street Lowell, MA. 01852 Re: DiBenneditto v Joann Higgins et al; Civil No. 80-3857 Dear Sir or Madam: Enclosed for filing please find plaintiff's interrogatories, copies of which have been served by mailing on the trustees indicated below. ' Very truly yours., e s-1. oaf ney I JJG/cmh cc: ../Town of North Andover c/o Town Clerk 120 Main Street North Andover, MA_. 01845 cc: Town of North Andover Planning Board Attn: Paul Hedstrom, Chairman 120 Main Street North Andover MA. 01845 /'S U'u e i • i COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. LOWELL DISTRICT COURT CIVIL NO. 80-3857 r s THEODORE DIBENNEDITTO, Plaintiff VS. IXTERROGATORIES PROPOUNDED BY THE PLAINTIFF TO THE JOANN HIGGINS, ALAN HIGGINS, TRUSTEE, TOWN OF NORTH R AND NORTH ANDOVER FARMS, INC. , ANDOVER Defendant i Now comes the Plaintiff, in accordance with Rule 33, M.R.C.P. and M.G.L.A. Chapter 246 and propounds the followigg Interrogator ies to the Trustee above named. 1 1. Please describe any savings account, passbooks or other security held by you, at any time within the past four (4) years, i to secure the performance of work by any of the Defendants on an subdivision or other construction project within the town of_ Nor tft f Andover. In your description please include the following. A. The nature and identification of cash such security in- cluding bank or place of issue, names of record owners or holders, and serial of identification numbers. B. The amount of cash such security. C. TLhe terms and conditions under ::rhich such security was held. 2. If any security as described above has been released, please identify the security and indicate the date of which such security was released. 3. If any such security was applied to work within the pas two (2) years, please indicate the nature of such work, the cost thereof and the amount and disposition of any balances remaining on any such securities. i 4. If any such security is now being applied to work pleas describe and identify the security, the work to which it is being applied, the current status of such work, and the estimated cost of { of completion. by his Attorne j /ames J. Ga fneMain treesbury assachusetts June 3, 1982 i I h j 1 I 1 i i { { { i i 4 000EL I_crlG JAMES J. GAFFNEY III TO'„}; �( E[?K Attorney at Law MOR I H ,1 r•'DOVER 1360 Main Street AIR I u p9 Tewks6ury, Massachusetts 01876 H � P�f �i1L 851-5234 March 31, 1982 Town of North Andover c/o Town Clerk 120 Main Street North Andover, Massachusetts Dear Sir; I am herewith serving a summons to trustee in accordance with Rule 4(d) (4) Massachusetts Rules of Civil Procedure . The Town of North Andover was named as an additional Trustee pursuant to M.G.L.A. Chapter 246, Section 8 and Motion allowed by Judge David B . Williams on March 30, 1982 . I have enclosed a copy of the complaint and original summons . Also is enclosed a copy of order allowing additon of Trustees . Very truly yours /J (. G�f ey I JJG/nah Enclosures H' �y tax µms. uniform Form DCM-18 tZQxtuttII=ra1t4 Df Mass ir4nartu AR4-76 vYii► . TRIAL COURT OF THE COMMONWEALTH DISTRICT COURT DEPARTIAT NP LOWEL'L DIVISION Middlesex , gS S , Civil Action No. >V � SUMMONS TO TRUSTEE q�' �( (Rule 4-2) / /�f/_� /rye Maw. ./ To the above-named Trustee-� "?. /� S:WVI of W r ' , , L `��■'"' • �g � !�� i(S (name) - (address)' You are hereby summoned and required to file,within 20 days after service of this su"�'�''a upon yo ,euWaive of the day of service, an a vwcr under oath disclosing wha�tgoo�s. effects or credits,if any,of the defendamiet/ t eao S,- of 1aaZ11Q.%hic are in your hands or possession at a.time f.the sertipc qfthis summ�oss�ssy upon you which maybe taken on execution issued upon said judgment,if any,as the}laintiff of I r t CCL.. whose attorney is 1 of (GD 1 �� T E��Ss may recov r to an action brought aga,ost said dafoadant in the � ICJ. �W"a_, te�ttte value of S � Such goods, effects, or credits are hereby attached. If you do not do so,judgment by default will be taken against 9'6u and yo�lbe adjudged trustee as alleged. If the credits of the said defendant which are in your hands or possession include wages for personal labor or personal services of said defendant, you are hereby notified that an amount not exceeding,$125 per week of such wages.are exempt from this attachment and ,you are directed to pay over such exempted amount to said defendant in the same marmot and at the same time as each such amount would have been paid if this attachment had not been made. If the said credits include a pension payable to said defendant which is not otherwise exempt by law from attachment,you are hereby notified that an amount not exceeding$100 for each week which has elapsed since the last preceeding payment under such pension was payable to said defendant and $100 per week hereafter are exempt from this attachment, and you aro directed to pay over such exempted amounts to said defendant in the same manner and at the same time as each such amount would have been paid if this attachment had not been made. if you are a trust company, savings bank,cooperative bank, credit union,national banking association or any other banking institution doing business in the Commonwealth, and if the credits of the said defendant in your hands include an account or accounts in the name of any natural person, you are hereby notified that pursuant to Massachusetts General Laws c. 246, s. 28A,$500 awned by the said de- fendunt (if a natural person) are exempt from this attachment(a joint account is to be treated for this purpose as if each depositor owned One-half of the amount thereof). No business, trust or organization shall be entitled to this exemption and no natural person shall be entitled to more than a $500 exemption at any one time. 'flle complaint in this case was file pit' t This attachment was approved on f 6 I8 G Q {ry ��1/ d f� l(P.t l J., in the amount of r L signature of judge �� 4VA:6:�'rpAs��a �'EWAfib LotvarQaOCl w1TN>izis - , Presiding Justice, on sate (SEAL) d+ �7vA Q Jiaw ��s WRed 0 il(ia INSf� "-�T �j��(��.2- . Clerk $ PROOF OF SERVICE ON TRUSTEE 1 hereby certify and return that on I served a copy of the within summons date of service upon the within named trustee, in thetoIlowing manner_ (signature) _ name and title (address) Note: (1) Promptly after the service of the trustee summons upon the trustee or trustees, a copy of the trustee summons with your return must be served upon.the defendant in The manner provided by Rule S. - (2) Please place the date you make service on the trustee in the boron the copy served on the trustee,on the original returned to the court, and on the copy returned to the person requesting service or his attorney. COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss . LOWELL DISTRICT COURT CIVIL NO. G TIIEODORE DIBENNEDITTO ) Plaintiff } ) VS. ) COMPLAINT JOANN HIGGINS, ) AL HIGGINS , and ) NORTH ANDOVER FARMS, INC. } Defendants 1. Plaintiff says that he is a plumbing contractor who furnished labor and material to the Defendants . 2. Plaintiff says that Defendants have refused and neglected to pay for certain work performed by Plaintiff as Defendants had agreed to do and that the work performed, the amounts owing, and the agreement between Plaintiff and Defendants are set forth in a complaint previously filed with this court (Civil No. 80-850 , copy attached as exhibit 1) 3. On October 16, 1980 this court entered judgment for Plaintiff in an amount of $26,100.00 plus costs and interest. 4 . Defendants have,. however, neglected to satisfy any part of this judgment. 5 . Plaintiff therefore asks judgment for $26,100.001in accordance f . with the judament entered by this court on October 1980. 16, by his Attorney James J. Gaffney III 1360 Main Street 01876 Tewksbury, MA Telephone 851-5234 Uniform For; DCM-18 AR4-76 f�oritritOrilnPFiltl� � ttssFlrhuSPttS his rirt t90uits of fitttssttr4use#s i9istrir# (gnu of Eaturil Middlesex , ss Civil Action No. � SUMMONS TO TRUSTEE l // (Rade 4.2) / 9�r s�a'Ct f A/ p0ve Spemip To the above-named Trustee e. of �GV[✓ yip(name) (add You are hereby summoned and required to rile,.within 20 days after service of this sunun*;W7, a u on you, ex lusive of the day of service, answe under/oath/diaclosin what g000ds,effects or credits, if any,of the dcfendaucC iso;NAV /�1 AA AAr of are in your hands. or possession at Abe time Of the se vice of this armor upon you which may be taken on execution issued upon said judgment,if any,as the laintiff �Tt0/ !1 of �� ,j"T se attorney is ,/,��IFs D...4��,�P�t� -_or �LIL S twit C may recovet in an action hiought against said defendant in the J to the value of S ,�/j.�a�h GG Such goods, effects,or credits are hereby attached, if you do not do so,judgment by default will be taken against you and you will be adjudged trustee as alleged. If the credits of the said defendant which are in your hands or possession include wages for personal labor or personal services W said defendant, you are hereby notified that an amount not exceeding $125 per week of such wages are exempt from this attachment and ,you are directed to pay over such exempted amount to said defendant in the same manner and at the some time as each such amount - would have been paid if this attachment had not been made. if the said credits include a pension payable to said defendant which is not otherwise exempt by law from attachment,you are hereby notified that an amount not exceeding $100 for each week which has elapsed since the last preceeding payment under such pension was _ payable to said defendant and $100 per week hereafter are exempt from this attachment, and you are directed to pay over such exempted amounts to said defendant in the same manner and at the same time as each such amount would have been paid if this attachment had not been made. If you are a trust company, savings bank, cooperative bank, credit union,national banking association of may other banking institution doing business in the Commonwealth, and if the credits of the said defendant in your hands include an account or accounts in the name of any natural person, you are hereby notified that pursuant to Massachusetts.General Laws c. 246,a. 29A. $500 owned by the amid de- fendant(if a natural person) are exempt from this attachment (a joint account is to be treated for this purpose as if each depositor owned one-half of the amount thereof). No business, trust ororganization shall be entitled to this exemption and no natural person shall be entitled to more than a $500 exemption at any one lime. The complaint in this case was filed on f l This attachment was approvcd.on �� _ ' �Q by ' J., in the amount of (date)t signature o Ju ge $ �r�. tI> WITNESS Pliett L C0wdrar Presiding Justice, on (date) (SEAL) Clerk PROOF OF SERVICE ON TRUSTEE 1 hereby certify and return that on r December 23 191 served a copy of the within summons date of service upon the within named trustee, in the following manner, by ving in hand to R Ce WestaWay, Assistant Treasurer and Officer in '� in charge of Andover Savings Bank (sig tare) at time of said service. Deputy Sheriff SERVICE (name and title) COPIES t (addccsa) TRAVEL (� r ;ry _1 uuc; o Iwlor I �CO.IVEY LL miles r ..o � nv ��fJ Note; (1) Prompt-lyly after the service of the trustee summons upon the trustee or tcusteas, a espy of the trustee summons with your return must be served upon the defendant in the manner provided by Rule 5. (2) please place the date you make service on the trustee in the box on the copy served on the trustee, on the original returned to the court, and on the copy returned to the.person requesting service or his attorney. T7tis form prescribed by the Chief Justice of the District Courts FORM 2415 HOBBS a WARREN, INC, - aommonul,:atO of Massachusetts TRIAL COURT OF THE COMMONWEALTH DISTRICT COURT DEPARTMENT LOWELL DIVISION Middlesex, e P r AJames J. Gaffney, III, Esq. TO N 1360 Main Street T Tewksbury,Massl F F L Town of North Andover Planning Board Paul Hedstrom, Chairman 120 Main Street D r No. Andover, Mass.01845 F Henry K. Hyder, Esq. Town of North Andover F o E 234 Haverhill Street c� Town Clerk 20 North Main Street 70 N D 'Lawrence, Mass. 01842 No. Andover, Mass. 01845 A N T L 80-3857 --------------— Lowell, -_____ _March 30 --19 82 Joann Higgins, et ala M & .TRUSTEES You are hereby notified that the following entry has been made in the above case: Plaintiff nonsuited: Defendant defaulted: For failureanswer interrogatories. To be remoted if answers are filed in ten day - Court finds for the DEFE DANT/PLAINTIFF and Assesses D mages in the sum Original note required: Military Affidavit uir _ Assessment required: This is to notify you t judgment may be entered the PLAINTIFF—DEFENDANT Friday, thethe ---- --- day of _--_- ---- 19 in the action rro above for failure to file.a ers to interrogatories by the verse party—said date bei the judo- rnent day next folio ing the expiration of five days rom the date of this notice. nswers to interrogotories can t be accepted until nonsuit or de ult has been removed: U Acts 1966, Chap. 432. Plaintiff's motion to add additional trustee; Town of North Andover and Town of North Andover Planning Board---ALLOWED, D.B. Williams,J. �e jc Clerk/Magistrate c-oo toM areo ... � «. . .. ,w v,:.w ...c .-wti«.Mzw+3..,e,3hdSfMt1i' ...• ..,&N1� APPLICATION FOR ENDON,SE Efa OF ►LAN a�c,� ►xrr � t�aurRs r�tt�at February 29 1' gr p To The Planning Board of the Town of North Andovers The undersigned wishes to record the ac0cnp04 !M and se"sIs a detesrslna— Uon by said board that approval by it under the S*divisisss "Aral Lew is not requirede The mndereLSWd believes thK sash s,}pswra is asst regmired for the :allowing rens mm it The divialan et Ind SkM M be the � aA a OdMv sift became* s�rp let shy thsae*t the theap �sw IV No North Anndover Lasing %%L w a>i is an a p WqV =- Foster Street N a privy" aft awasaft s beift lend bftmftd sr founu On the north by N/F •North Andover Farms, Inc. On the east by ,Foster Street On. the south by N/F Olwine On the west by N/F North Andover Farms, Inc,. 2. Title referawes bvrM x needs# Seek ih� pop 175 � w certifisatt of Title Ree or 01ben Received by To 76,,,,� Applicant's oigsntUrs Date: � 1980 ° Applicant's M4ase z TLm®: s Signatures `;%f��;�'�'o r'� t�t�.'e •i�1dM alai a ii fwA, , applicurts C.) Notice to APPLYCANf/'11WX C= of Acties of Plewedwg stent eR Accompanying Plan. 1. The !forth Andover Planniat %grd h" deteniwsd tMt wAd p1m ftw not require approval wMr tM sAavieiss effl*M1 Iwo nr the appropriate andorseseM hae Wioen gado npon t" osso. 2. The Worth Andover W lawai,S Board has deterslsM tM% Wlaw show a subdivision, as L. s. • wMl ■wt tWterel�le� be 9 to it far Nvrvral enisr 00 swW1AVIst" O"Re1 Lw. 'Fort tray des MMU AND" FLOA� OW Dates _! J �.....�� APPLICATION FOR >1afMO1tSUME1.T OF TUM .� 5 IAo2 M APPNU February 29 39 8w 0 _ To The Planning Board of the Town St North ArA*v rs The undersigned wisher to record the &CCORP6904 PLM ewd o a detmuina— tion by said Board that approval h7 it vender the 2lbaisitMs *eMASe, Dever is not required. The undibrsiped believes Met mch sppnr& is nM &M9Are3 fest the rollowiag reasouss I. The di istm et UM skm so use so Pass be so • 06K because ~7 Sat stmsn thereela Me t1 North Andover xoaieg Jr4.atr ani Is ass a psi w4rs Foster Street W a pKre" sjfsI&Mwvt s ULM 1 tad 1e Mftd " lriyswe On the north by N/F •North Andover Farms, Inc. On the east by ?Foster Strdet On- -the south by N/F Olwine On the west by NIP North Andover Farms, Inc,. 2. Title referermi W9rU Essex VISMAa9 poets 1156 p 175 R certificate at TWA De �.'; r'e�.....� or 0lbrrs Received b Town Clerks Applicant's sTipatWWS i2 13 74 Datet Apel is east•s adfiross y FEB 9 7980 S Jz. Omssr•s sipAa{ ani siiesa if e�ot 3 lica»ts . 8ov. %4U • � f:W.,r � .vruu�vYµnmr:fy ...-r ... .: ... ...M1 .`y.• .._.. .. .. ... .• ..... .• _ -.. • .�. �.... .,•... �.n.r��w.6 � r,a Notice to APPLICAMr/70WX MJn of Action K Plewntwt Dowd es AccomparginM Plan, 1, The 4orth Andover Plate N04 dna deteewimii MM oow pLIM � not require aPP*' and WAar tM eiiivieiew eoeireL lees =a the appropriate mWereeeeni bu 16M made "M UM eefee 2. The North Andover PlaaejAg Nest %" aetendnei %Mt eaii rLw ohm a subdidsiQ% as detlmd by 0.L. ee 41# ee Sb469 ad an% Mahtwe be re-eebwitted to it trr apn"i wAw ON adsasieiat NmMq Uwe Pert' tray Pyr MCM ANDOrM pUSI Mi gWM 4 Mtet