COMMONWEALTH OF MASSACHUSETTS

LAND COURT

DEPARTMENT OF THE TRIAL COURT

 

 

CIVIL ACTION

#17 MISC 000609 (KFS)

Joyce Elbery

v.

Michael Elbery et. al

v.

Ned Mahoney

 

Defendant, Michael Elbery’s, Answer and Defense

To

Plaintiff’s Petition for Partition

&

Counterclaim, Cross Claims, Third Party Complaint

Answers

1. I defendant, Michael Elbery, Answer the Plaintiff’s Petition for Partition to the Massachusetts Land Court, Docket #17 MISC 0000609, Attached, as follows:

2. I Agree that I am a 1/5 owner and tenant-in-common of the real estate at 168 Fairfield St., Needham, Mass., and that all the other named owners are correct per page 3 of the plaintiff’s Petition.

3. I Deny that I ever saw, or received, or ever was produced to me a "Transfer of Certificate of Title" on the subject real estate at 168 Fairfield St., Needham, Mass., as appears attached to the plaintiff’s "Petition for Partition" served on me on November 13, 2017, prior to being served with the plaintiff’s "Petition for Partition" on November 13, 2017. See Exhibit L for proof of Service of Petition on 11-13-17.

4. As of this writing of November 13, 2017, I never saw or was able to acquire or gain access to a "Certificate of Title" from the Norfolk County Registry of Deeds that had my name on it, or the names of any of the 5 heirs (hereinafter also heirs) of June Elbery on it regarding the land at 168 Fairfield St., Needham, Mass. as now is attached to the plaintiff’s "Petition for Partition" and entitled "Transfer Certificate of Title".

5. I Refuse to Assent to the "Petition for Partition" served on me November 13, 2017 by the plaintiff because the plaintiff plans to claim that I am responsible for all the costs and expenses of the Partition of the land at 168 Fairfield St., Needham, Mass., according to Attorney William Crowe during Conference call of this above captioned case.

6. I see no grounds for damages or averments of liability listed against me in the documents served on me by the Plaintiff on 11-13-17, which includes a 4-page document entitled "Petition for Partition". However, I defend against the plaintiff’s groundless "Petition for Partition" below in the Defense section.

 

 

7. Once there is a valid "Certificate of Title" at the Norfolk County Registry of Deeds with my name spelt correctly, so that I am a legal owner of the land at 168 Fairfield St., and that I can access and receive a certified copy of from that Registry, I will, as I have always have since March 26, 2017, Agree with the other 4 heirs to Sell our Real Estate at 168 Fairfield St., Needham, Mass. and sign all legally required documents necessary to sell our Real Estate at 168 Fairfield St., Needham, Mass.; I represent myself pro se as is my right under the Sixth Amendment of the U.S. Constitution’s Bill Rights. I refuse to allow Attorney James A. McLaughlin (also hereinafter McLaughlin) to participate in the sale of our real estate at 168 Fairfield St., Needham, Mass. or his agents. I demand a 1/5 equal share of the sales proceeds from the sale our house at 168 Fairfield St., Needham, Mass.

Prior Sales Attempts were Fraudulent – the Oil Spill & Lead Paint Contamination

8. The Court should be alerted that there is a massive oil spill and contamination under the foundation and foundation floor of the real estate at 168 Fairfield St., Needham, Mass.. The 250-gallon Oil Tank in the cellar of 168 Fairfield st., Needham, Mass. leaked into the earth and water table for decades because of the leaking fuel line that ran under the cellar floor from the 250 Gallon oil tank to the Furnace. That underground fuel line was replaced with a fuel line that runs "overhead" along the main house beam in the cellar from the Oil Tank to the Furnace. All the progeny of June Elbery, both plaintiff and defendants of this case at the Mass. Land Court, have known for decades of the oil pollution in the Earth at 168 Fairfield St., Needham, Mass. that by law must be inspected and cleaned up. All potential buyers should now be informed of this hazardous oil contamination Condition. The house at 168 Fairfield St., Needham, Mass. also has many layers of lead paint covering it, inside and out, regardless of the vinyl siding that now covers the lead painted shingles. The lot at 168 Fairfield St., Needham, Mass. is non-conforming for the new "McMansions" being built in Needham, Mass. The question for the plaintiff’s attorney, Ewer, is how are you going to get paid now that your client could well be selling a worthless hole in the ground. For these reasons I find the plaintiff’s dream of $750,000.00 for the house at 168 Fairfield St., Needham, Mass. to be doubtful, but I agree with the plaintiff’s price because it was the same price we could have had if it wasn’t for Attorney James A. McLaughlin killing the "as is" "Picariello deal" when he demanded we sign his "Assent" so he could get a "License to Sell Our Real Estate" issued from the Norfolk County Probate Court and then legally be entitled to grab the $750,000.00 buyer’s check.

 

Michael Elbery

 

 

 

 

 

 

Defendant, Michael Elbery’s, Defenses to Plaintiff’s Petition for Partition

No "Certificate of Deed" in Michael Elbery’s name

Defense #1 - Per Certified Documents from the Norfolk Registry of Deeds, Exhibit A, produced to Michael Elbery in September of 2017 there was no "Certificate of Title" in Michael Elbery’s name at August and September of 2017 for the land at 168 Fairfield St., Needham, Mass. causing Michael Elbery to be prohibited from signing a Sales Contract with a Realtor for the land at 168 Fairfield St., Needham, Mass. because Michael Elbery was not an owner of that land. Further, Michael Elbery had a legal right and legal obligation not to sign any sales contract regarding the sale of the land at 168 Fairfield St., Needham, Mass. because there was no "Certificate of Title" at the Norfolk Registry of Deeds for that land in Michael Elbery’s name. See Exhibit A for Michael Elbery’s request to the Norfolk Registry of Deeds for "Certified copy" of the "Certificate of Title" at 168 Fairfield St., Needham, Mass. and the certified documentation the Registry sent to Michael Elbery in September 2017, which confirms this Defense.

Defense #2 – At 11-13-17, Michael Elbery, have never seen or received a "Certificate of Title" for the land at 168 Fairfield St., Needham, Mass. that included his name on it, even after Michael Elbery made demand for a "certified copy" of a "Certificate of Title" for that same land from the Norfolk Registry of Deeds causing Michael Elbery not to be a legal owner of the land and legally prohibiting Michael Elbery from signing a sales contract on that land because he did not own it according Norfolk County Registry of Deeds Records. See Exhibit A.

Defense #3 - The Norfolk County Registry of Deeds has maintained an "Order for New Certificate of Title" on the land at 168 Fairfield St., Needham, Mass. from August of 2017 until this writing of 11-13-17 because they have no "Certificate of Title" registered or recorded on that land causing Michael Elbery not to be an owner of that Real Estate and prohibiting him from signing a sales contract. See Exhibit B and Exhibit C.

Defense #4– Michael Elbery will sign a valid sales contract for the house at 168 Fairfield St., Needham, Mass., when the Norfolk Registry of Deeds certifies to him, or at least discloses in public records on their Official Web Site, a public record that Michael Elbery is an owner of the real estate at 168 Fairfield St., Needham, Mass.

Defense #5 – If the Plaintiff’s Attorney somehow, now, has a valid "Certificate of Title" for 168 Fairfield St., Needham, Mass. with Michael Elbery’s name spelt correctly along with the other 4 heirs, then, he should have contacted Michael Elbery so that Michael Elbery could get that same "Certificate of Title" from the Norfolk County Registry of Deeds; once Michael Elbery can be provided by the Norfolk County Registry of Deeds a "certified copy" of that "Certificate of Title" with his name spelt correctly he will sign a valid sales contract to sell the real estate at 168 Fairfield St., Needham, Mass. that he is a 1/5 owner , by "Operation of Law" at the date of 3-26-15, as a tenant – in – common. Michael Elbery represents himself regarding all legal issues surrounding the land at 168 Fairfield St., Needham, Mass. and does not rely on the plaintiff’s attorney to insure that he has title to the land at 168 Fairfield St., Needham, Mass. recorded and disclosed, via a "Certificate of Title," in the Norfolk County Registry of Deeds.

Defense #6 – Michael Elbery has always been urgent to sell the Real Estate at 168 Fairfield St., Needham, Mass., since the death of June Elbery on March 26, 2015. Michael Elbery was the leader, among the current heirs of June Elbery, in the quest to sell the house at 168 Fairfield St., Needham, Mass., only to be systematically defeated by David Elbery, David Elbery’s attorney Billy Crowe, Kathleen Elbery, at times, Robert Elbery and now Joyce Elbery, and also Attorney James A. McLaughlin, and Attorney Charles Long, as described below in Background Fact Section.

Defense #7 – The plaintiff is Estopped from "Petitioning for a Partition" against Michael Elbery concerning the land at 168 Fairfield St., Needham, Mass. because she has refused to communicate with Michael Elbery in any capacity including alerting Michael Elbery that she and, or, her attorney, have an allegedly valid "Certificate of Title" on the house at 168 Fairfield St., Needham, Mass.. That same "Certificate of Title" that is attached to the plaintiff’s "Petition for Partition" is not at the Norfolk Registry of Deeds as of the date of this writing of 11-13-17, according to the Registry’s public records that are available to the citizenry or public on the Registry’s Web Site. See Exhibit C.

Defense #8 - The plaintiff is Estopped from benefiting from damages being assessed against Michael Elbery for the cost of a "Petition for Partition" because she has not alerted Michael Elbery that somehow her and her attorney have acquired a "Certificate of Title" disclosing the heirs of June Elbery as the owners of the land at 168 Fairfield St., Needham, Mass. That "Certificate of Title" that is attached to the plaintiff’s "Petition for Partition" still does not exist at 11-13-17, at least to the Public or citizenry, at the Norfolk County Registry of Deeds. See Exhibit C.

Picariello P&S Breeched by 2 signing heirs

Defense #9 – There were only two heirs, Joyce Elbery and Robert Elbery, to the Estate of June Elbery who signed the "Purchase and Sale Agreement" and its "rider" produced for the Picariello sale of the Real Estate at 168 Fairfield St., Needham, Mass. in April of 2017, therefore, Michael Elbery can not be held liable for the Costs and Expenses of a "Petition for Partition" due to any claims, now, that he was the only heir not to sign that "Picariello Purchase and Sale Agreement". The Picariello "Purchase and Sale" Document was produced to Michael Elbery by Attorney Charles Long on April 27, 2017, see Exhibit D and Exhibit G. That same "Picariello Purchase and Sale Agreement" was also sent by email attachment to the 5 heirs by Exclusive Listing Realtor, Ned Mahoney (hereinafter also Mahoney), so all 5 heirs could have a hard copy for their convenience.

Defense #10 – Any signing of the "Picariello Purchase and Sale Agreement" in Defense #9 is null and void because the heirs who signed that "Purchase and Sale Agreement" Breached and could not comply with paragraph #13 of that "Purchase and Sale Agreement." See Exhibit G, which required that the sellers shall provide "Fire and Extended Coverage Insurance" on the house at 168 Fairfield St., Needham, Mass. at the time of signing of the "Picariello Purchase and Sale Agreement". There was no insurance on the house or real estate at 168 Fairfield St., Needham, Mass. during the Period of December 2, 2016 through today’s date of 11-15-17, which includes the time period of April 15, 2017 through May 5, 2017 when the house was put up for sale by Realtor Ned Mahoney and the buyer’s attorney and realtor terminated the house sale and asked for a refund of the buyer’s deposit. There was never any effort made by anyone to buy Home Insurance for 168 Fairfield St., so that the heirs of June Elbery could not sign the "Picariello Purchase and Sale Agreement" without being in Breach of Contract. See, Exhibit J – Attorney James A. McLaughlin promises to renew home insurance and Michael Elbery discovers that McLaughlin stole the insurance money instead, and there is no insurance on the house at 168 Fairfield St., Needham, Mass.

Failure to allow Michael Elbery to Self-Represent

Defense #11 - The buyer’s Attorney Cecala, Attorney Charles W. Long (attorney representing the other 4 heirs) and the Realtor, Mahoney failed to recognize Michael Elbery’s right to Self-Representation and rejected Michael Elbery’s right to Self-Representation surrounding all activity and sales of the real estate at 168 Fairfield St., Needham, Mass., (including the "Picariello Purchase and Sales Agreement"), once they were alerted to Michael Elbery’s self-representation when Michael Elbery fired Attorney Charles W. Long, see Exhibit H, because Long tried to trick Michael Elbery, per Exhibit D, and the other heirs, into signing McLaughlin’s "Assent" to "Sell Real Estate" at 168 Fairfield St., Needham, Mass., This further prevented Michael Elbery from signing the "Picariello Purchase and Sale Agreement" because the "Picariello Purchase and Sale Agreement" did not reflect that Michael Elbery represented himself, but rather that "Picariello Purchase and Sale Agreement" disclosed that Attorney Charles W. Long represented Michael Elbery. See Exhibit K-1, K-2, K-3 for emails alerting all parties to the Picariello Sale that Michael Elbery represented himself and the "Picariello Purchase and Sale" should be changed to reflect Michael Elbery’s self-representation.

Plaintiff Estopped from Blaming Michael Elbery

Defense #12 - The Plaintiff is Estopped from blaming Michael Elbery for not signing the "Picariello Purchase and Sale Agreement" and asking the Court to Assess Michael Elbery for all the costs and expenses incurred by her "Petition for Partition" because she now claims Michael Elbery was the only heir of June Elbery not to sign that "Picariello Purchase and Sale Agreement", (even if someone believes that David Elbery and Kathleen Elbery signed their "Picariello Purchase and Sale Agreement" before Realtor Ned Mahoney demanded Picariello’s Deposit Back on May 5, of 2017), because none of the parties to the Picariello Sale, including the plaintiff – Joyce Elbery, Kathleen Elbery, David Elbery, Robert Elbery or their Attorneys, Charles Long and Attorney Billy Crowe, the buyer’s Attorney-Cecala, ever alerted Michael Elbery or even hinted at the fact that he was the only heir of June Elbery not to sign the "Picariello Purchase and Sale Agreement". Quite to the Contrary, both the listing realtor, Ned Mahoney and Robert Elbery, (who was the only heir who could talk to the other four heirs and ran the Picariello Sale for them with the realtor, Ned Mahoney), told Michael Elbery that only 2 heirs of June Elbery, Joyce Elbery and Robert Elbery, signed the "Picariello Purchase and Sale Agreement". Further, per phone conversations with Joyce Elbery after the Picariello Sale failed, Joyce Elbery admitted that only her and Robert Elbery signed the "Picariello Purchase and Sale Agreement". All the heirs were provided two hard copies of the "Picariello Purchase and Sale Agreement"; one by email attachment from Realtor Ned Mahoney and another from Attorney Charles W. Long, see Exhibit D, so that David Elbery and Kathleen Elbery were provided the opportunity to sign and backdate that "Picariello Purchase and Sale Agreement" and now falsely claim they signed it before Ned Mahoney and the buyer’s Attorney Cecala asked for the buyer’s deposit back and Mahoney took the house at 168 Fairfield St., Needham, Mass. off the market on May 5, 2017. This is a case of "wet ink Fraud" by David and Kathleen and their signatures on the "Picariello Purchase and Sale Agreement".

 

 

Attorney McLaughlin’s "Assent" not signed by 4 heirs

Defense #13 – There was only one heir, Joyce Elbery, to the Estate of June Elbery who signed Norfolk County Probate Court’s Appointed Personal Representative of the Estate of June Elbery, Attorney James A. McLaughlin’s, "Assent" for McLaughlin’s "License to Sell Real Estate," so that McLaughlin could be granted a "License to Sell Real Estate" for the real estate 168 Fairfield St., Needham, Mass. If that "Assent" had been signed by the 5 heirs, so a "License to Sell the Real Estate" for the real estate at 168 Fairfield St., Needham, Mass. would be granted by the Norfolk County Probate Court to McLaughlin, then the $750,000.00 check proceeds from the "Picariello sale" of the house at 168 Fairfield St., Needham, Mass. would have been made out to Attorney James A. McLaughlin. See Exhibit D – the McLaughlin "Assent Form" and the Attorney Charles W. Long’s letter of April 27, 2017 that falsely misstates law to trick Michael Elbery and other heirs into signing McLaughlin’s "Assent form," so McLaughlin could be automatically issued a "License to Sell Real Estate" for 168 Fairfield St., Needham, Mass. and then the buyer would be required to make the $750,000.00 check for the house to McLaughlin and the Elbery heirs would never see their money. Attorney Charles W. Long told Michael Elbery, by phone, that "if McLaughlin’s Assent Form doesn’t get signed then there is no (Picariello) Sale."

Defense #14 – The failure of four of the heirs of June Elbery to sign Attorney James A. McLaughlin’s "Assent" for his "License to Sell Our Real Estate" caused the termination of the "Picariello sale" of the real estate at 168 Fairfield St., Needham, Mass. by Attorney Charles W. Long, the buyer’s attorney, Ariella Cecala, and Exclusive Realtor, Ned Mahoney. That termination was confirmed by Realtor, Ned Mahoney, per phone call to Michael Elbery in May of ’17 after he terminated the Picariello listing. This is just as Attorney Charles W. Long told Michael Elbery in defense #14 before Michael Elbery fired Long and, again, continued to exercise his Constitutional Right to self-represent surrounding all issues of the Estate of June Elbery and the real estate at 168 Fairfield St., Needham, Mass.

 

Defense #15 – The plaintiffs "Petition for Partition" Fails to State a Claim Against defendant, Michael Elbery.

Defense #16 – FRAUD - Plaintiff, Joyce Elbery is Committing Fraud, and Conspiracy to Commit Fraud, with Kathleen Elbery, David Elbery, Robert Elbery, and Ned Mahoney by now falsely making claim that Michael Elbery was the only heir not to sign the "Picariello Purchase and Sale Agreement."

 

 

 

Wherefore,

For reasons, as per the above Defenses, Michael Elbery cannot be held liable for the cost and expenses of the "Petition for Partition" filed in the Massachusetts Land Court by Joyce Elbery.

 

 

 

Background Facts in Support of Defendant, Michael Elbery’s, Affirmative Defenses and Answers to Plaintiff’s "Petition for Partition"

1. On about April of 2017 all the five heirs to the Estate of June Elbery agreed to Sell the land and house locate at 168 Fairfield St., Needham, Mass.. This was a "first", as all the prior sales attempts had been defeated by defendant, David Elbery and his lawyer, Attorney Billy Crowe, who controlled Robert Elbery, and by Defendant, Kathleen Elbery, who has never wanted to sell the real estate at 168 Fairfield St., Needham, Mass. because she lives there "cheap", and if any of the other heirs step on that land, or call the phone in that house, she immediately calls the Needham cops who make an arrest for trespassing and stalking.

2. On about April 21 of 2017, a buyer, Karen Picariello, agreed, via a signed "Offer and Acceptance Agreement", supported by a Deposit to purchase the Real Estate at 168 Fairfield St., Needham, Mass. for $750,000.00. All 5 heirs signed that same "Picariello Offer and Acceptance."

3. The heirs all agreed to use one lawyer, Attorney Charles W. Long, to transfer ownership of our Real Estate at 168 Fairfield St., Needham, Mass., so to satisfy the demands of the listing Realtor, Ned Mahoney, that he talk to as few people as possible to make his job easy.

4 of the Heirs Refuse to Sign McLaughlin’s "Assent to Sell Real Estate"

4. That lawyer in paragraph #3, Attorney Charles W. Long of Needham, Mass. demanded on April 27, 2017 that Michael Elbery and the other 4 heirs of June Elbery sign an "Assent Form", (see Exhibit D-4) that would automatically entitle Attorney James A. McLaughlin (Norfolk County Probate Court Appointed Personal Representative of the Estate of June Elbery) to be issued a "License to Sell Real Estate" at 168 Fairfield St., Needham, Mass. from the Norfolk County Probate Court. Four of the heirs to the Estate of June Elbery refused to sign Attorney James A. McLaughlin’s "Assent Form", only Joyce Elbery, at the coxing of her new found friend, Attorney James A. McLaughlin, signed McLaughlin’s "Assent" that would have provided McLaughlin with a "License to Sell Real Estate," and legally entitled McLaughlin to grab the buyer’s check for the sale of the house at 168 Fairfield St., Needham, Mass. in the amount of $750,000.00, if all the other 4 heirs signed that "Assent".

5. Michael Elbery fired Attorney Charles A. Long on May 1, 2017, See Exhibit H, after spending time during the weekend reading law pertaining to the "Assent form" Long tried to trick Michael Elbery into signing, so that Attorney James A. McLaughlin could be issued a "License to Sell Real Estate" on the land at 168 Fairfield St., Needham, Mass.. Michael Elbery was sure to make it clear to Attorney Long he was fired for lying to Michael Elbery, via phone conversations and due to his letter of April 27, 2017, (see Exhibit D), while attempting to trick Michael Elbery into signing Attorney James A. McLaughlin’s "Assent Form", (Exhibit D), so McLaughlin could gain a "License to Sell Real Estate." Michael Elbery then represented himself Pro Se, again, and as he had before agreeing to hire Long, regarding the Estate House at 168 Fairfield St., Needham, Mass.. Michael Elbery sent Long an email making it Official that he was fired, see Exhibit H. Attorney Charles W. Long was stated to Michael Elbery that "if McLaughlin’s Assent Form doesn’t get signed then there is no (Picariello) Sale."

6. Because 4 of the heirs would not sign McLaughlin’s "Assent Form" (see Exhibit D), and assent to McLaughlin’s "License to Sell Real Estate" the Realtor, Ned Mahoney, took the Real Estate he had listed at 168 Fairfield St., Needham, Mass. off the Market on May 5, 2017, See Exhibit I, even though Mahoney’s Exclusive Sales Agreement of 90 days would not expire until approximately another 60 days. The buyer’s attorney, Cecala, also demanded her client, the buyer – Picariello, be refunded her Deposit when 4 of the seller’s and heirs of the house at 168 Fairfield St., Needham, Mass. refused to sign McLaughlin’s "Assent" for his "License to Sell Real Estate" at 168 Fairfield St., Needham, Mass., see Exhibit D.

3 of the Heirs refuse to sign P & S – 2 sign and Breach Contract

7. The "Purchase and Sale Agreement", see Exhibit G, produced regarding the same above April-May 2017 attempted Picariello sale of the Real Estate at 168 Fairfield St., Needham, Mass. required, per paragraph #13, that the house at 168 Fairfield St., Needham, Mass. be insured at the time of signing the "Purchase and Sale Agreement" and until the title was transferred to the buyer. On about April 27, 2017, Michael Elbery contacted the Insurance Agent in Taunton, Mass., Correira, who Attorney James A. McLaughlin claimed on December 2, 2017 he would pay for the Home Insurance with the Probated Estate Funds that McLaughlin Controlled. Michael Elbery learned on about April 27, 2017 from the Insurance Agent, at Correira Insurance Agency- Taunton, Mass., that the Home Insurance on the house at 168 Fairfield St., Needham, Mass. had expired on December 2, 2016 and that they never heard of anyone by the name of Attorney James A. McLaughlin or any McLaughlin. As a result of Attorney James A. McLaughlin’s theft of the Home Insurance money, the "Picariello Purchase and Sale Agreement" was a legal impossibility, although two heirs, Joyce Elbery and Robert Elbery, signed it. The signatures on that "Picariello Purchase and Sale Agreement" were legally meaningless and a Breach of Contract because the Buyer’s Demand in the "Picariello Purchase and Sale Agreement" for Home Insurance was not met. Further, Michael Elbery contacted all parties to the sale, including Robert and Joyce Elbery, and told them that there was no home insurance and to sign the "Picariello Purchase and Sale Agreement" was Fraud, see Exhibit J. To Michael Elbery’s best knowledge and information there is still no home insurance on the house at 168 Fairfield St., Needham, Mass. at 11-15-17.

Refusal to Allow Michael Elbery to Self – Represent as is his Legal Right

8. On May 1, 2017, Michael Elbery fired Attorney Charles W. Long and alerted all parties, including the realtor, Ned Mahoney, Attorney Cecala (buyer’s attorney), and all the heirs, that he was representing himself regarding the Real Estate at 168 Fairfield St., Needham, Mass, as is his right to self-representation, and as is guaranteed by the U.S. Constitution’s Bill of Rights 6th Amendment. Attorney Long, Attorney Cecala and Realtor Ned Mahoney refused to acknowledge Michael Elbery’s right to Self-representation and refused to amend or update the "Picariello Purchase and Sale" to reflect Michael Elbery’s self-representation, instead the "Picariello Purchase and Sale Agreement" still fraudulently reflected that Attorney Long still represented Michael Elbery. See Exhibit K-1, K-2, K-3.

There were 4 sales attempts

9. The Real Estate at 168 Fairfield St., Needham, Mass. was subject of 4 sales attempts from the period February 2016 through May of 2017. Two of those sales attempts, one by Steve Hanna and the second by Attorney Greg Condon in conjunction with Attorney James A. McLaughlin were Fraudulent. The sales Offer by Attorney Greg Condon for the house at 168 Fairfield St., Needham, Mass. was a hearsay Verbal Offer unsupported by consideration and was, unbelievably, agreed to, verbally, by Attorney Billy Crowe, representing David Elbery, and Attorney Kathleen Elbery; some kind of legal brains verbally agreeing to a verbal offer for real estate! McLaughlin did not want to eat defeat so he followed up Condon’s double layer hearsay verbal offer with an Expired written Offer from Condon’s client, Hughe’s, which also failed to provide the designated deposit or consideration; the Hughe’s Offers (both verbal and expired written format) required the Elberys to take their house off the market in July of 2016 until Hughe’s came up with the money in November of 2016! A third sale by Michael Elbery to Needham Realtor/Investor Cliff London was ratified by two heirs, Joyce Elbery and Michael Elbery, the other 3 heirs refused to even respond to the signed written "Offer" from Cliff London that Michael Elbery, sent them. The fourth sales attempt occurred, as above Picariello sale, in April of 2017, and was killed when "McLaughlin put his foot in the door at the last minute" in his failed attempt that he be legally granted a "License to Sell Real Estate" at 168 Fairfield St., Needham, Mass. and be entitled, by law, to grab the $750,000.00 check in Sales proceeds from the buyer.

 

The Attempted Re-signing of Realtor Ned Mahoney Exclusive Sales Contract in August 2017- Grounds for Petition?

10. Michael Elbery assumes the Plaintiff’s grounds against him for the cost of her "Petition for Partition" is his refusal to sign Realtor Ned Mahoney’s second exclusive listing to Sell the Real Estate at 168 Fairfield St., Needham because the alleged "Petition for Partition" Michael Elbery was served with does not give him, a defendant, the grounds for the Plaintiff’s complaint against him. In this case, Michael Elbery must defend based on the statements by Robert Elbery that "Dude you will be getting "Bombed" and his inferences made from phone conversation with Attorney Billy Crowe (David Elbery’s lawyer) that the entire "Partition Case" is a "Bag Job" and has already been decided against Michael Elbery. Crowe exclaimed "it will all depend on your conduct." Nothing is going to change Crowe because Michael Elbery will continue to exercise his legal rights, and additionally exercising his right to free speech over the World Free Internet via www.massinjustice.org, "they love a Scandal".

11. Michael Elbery refused in August of 2017, as is his legal right, to sign Realtor Ned Mahoney’s Exclusive Sales Contract to sell the house at 168 Fairfield St., Needham, Mass. because there was no "Certificate of Title" in his name or the names of the other heirs at August of 2017 on that real estate, (See Exhibit A, Exhibit B and Exhibit C) at the Norfolk County Registry of Deeds. In fact, in April-May when, as above, the Elbery’s thought they had the house sold to Picariello, there was no "Certificate of Title" in their names and no effort was ever made by their Attorney Charles W. Long to transfer the "Certificate of Title" of real estate at 168 Fairfield St., Needham, Mass. to their names. Attorney James A. McLaughlin even rubbed it in, per Exhibit E, when McLaughlin deliberately caused Michael Elbery’s name to be spelt wrong on the Massachusetts Land Court "Order for New Certificate of Title" dated July 27, 2017 causing Michael Elbery not to be an owner of the subject real estate at 168 Fairfield St., Needham, Mass., all so Michael Elbery, could not be issued a check when the real estate at 168 Fairfield St., Needham, Mass. was sold.

Mahoney’s & Keller Williams Lead Paint Illegality

12. There was another reason for not signing Realtor Ned Mahoney’s Exclusive Sales listing and that is the lead paint question on Mahoney’s Exclusive Listing was already answered and would not let the perspective sellers, including Michael Elbery, indicate or disclose, on Mahoney’s Exclusive Listing "dot loop" Contract, that there is a Lead Paint problem with the subject real estate at 168 Fairfield St., Needham, Mass.. That’s right Mahoney demanded everybody sign his exclusive sales listing, via a "dot loop" contract, that was attached to an email. The "dot loop" contract that is sent the potential sellers, via the Internet, and provides for electronic dated signatures. Mahoney and his company did not want any seller answering honestly that there is a lead paint problem with a potential real estate listing because Mahoney would have a hard time selling the house, although under Mass. and Federal Law it is presumed that a house built before 1978 has lead paint on it and inside it. The lead paint question in Mahoney’s Exclusive Listing was already answered in the "negative" indicating "no lead paint at 168 Fairfield St., Needham, Mass." which is a lie; that negative lead paint answer could not be changed to an "Affirmative".

13. Title to the house was transferred to the names of the 5 heirs at the date of death, 3-26-15, of June Elbery by "Operation of Law," but the Deed (Certificate of Title) was, until the summer of 2017, still in June Elbery’s name.

14. As of this writing at 11-13-17, the Norfolk Registry of Deeds Web Site discloses that they have an outstanding "Order for New Certificate of Title" concerning the Real Estate at 168 Fairfield St., Needham, Mass.. That same "Order for new Certificate of Title" was outstanding at the Norfolk County Registry of Deeds in August of 2017 when Mahoney demanded a second exclusive sales listing for the house at 168 Fairfield St., Needham, Mass. See Exhibit B and Exhibit C.

15. Further, when Michael Elbery was subjected to Realtor Ned Mahoney’s new Exclusive Sales Contract in August of 2017, he spoke to Mahoney about the "Certificate of Title" on the house not being in the names of the 5 heirs of June Elbery and Mahoney agreed with Michael Elbery that the "Certificate of Title" should be in the names of the 5 heirs, and he alerted Michael Elbery that David Elbery, also, did not want to sell the house until the "Certificate of Title" was in the names of the 5 heirs and was disclosed as such by public access to the public records on the Norfolk County Registry of Deeds’ Web Site. According to Mahoney, David Elbery refused to accept Robert Elbery’s communication that Attorney Charles W. Long of Needham, Mass. was "holding" a new "Certificate of Title" for the real estate at 168 Fairfield St., Needham, Mass., instead of it being at the Norfolk County Registry of Deeds. Mahoney decided, in about the middle of August 2017, that he would cancel his new attempt to contract with the Elberys to sell their house because the "Certificate of Title" was not in their names and he expressed his fear of getting in trouble for Fraud with M.L.S. services and Mass. Authorities who issued his Realtor license for listing real estate at 168 Fairfield St., Needham, Mass. for the heirs of June Elbery when the Registry indicated, per their records, that the heirs of June Elbery (Mahoney’s seller’s) did not own that Real Estate. Mahoney admitted that he had the same subject real estate listed in April of 2017, as above Picariello deal, without the real estate at 168 Fairfield St., Needham, Mass. being deeded, via a "Certificate of Title" to his listed and contracted sellers, the 5 heirs of June Elbery.

16. Mahoney regrouped a few weeks later in August of 2017 and again demanded all the heirs sign his new Exclusive Sales Contract. However, at that point Michael Elbery still did not own the house because Attorney James A. McLaughlin deliberately had the Mass. Land Court misspell his name when McLaughlin filed an "LCP-2 Petition" at the Mass. Land Court, so to get the Mass. Land Court to "Order a New "Certificate of Title" in the names of the 5 heirs, see Exhibit E. Michael Elbery declined, as he communicated in writing to all the heirs and Mahoney and Attorney Long, although Long did not represent him, to sign Mahoney’s new and second Exclusive Sales Contract because his name was not spelt correctly on the Mass. Land Court’s "Order for New Certificate of Title", Exhibit E, for the real estate at 168 Fairfield St., Needham, Mass. and because the names of the 5 heirs were not registered on a "Certificate of Title" at the Norfolk County Registry of Deeds for the real estate at 168 Fairfield St., Needham, Mass.. Also see Exhibit A – the Norfolk County Registry of Deeds Confirms, via Official Registry Certification, no "Certificate of Title" just misspelling of Michael Elbery’s name on a Mass. Land Court "Order for New Certificate of Title."

 

17. In August 2017, Michael Elbery called the Mass. Land Court and Norfolk County Registry of Deeds and informed them that his name was misspelled on the transfer Document from the Land Court (Land Court "Order for New Certificate of Title") that was sent to him by Attorney James A. McLaughlin, see Exhibit E. The Clerk at the Norfolk Registry of Deeds assured Michael Elbery that Attorney Charles Long of Needham had already alerted them that his name was spelt incorrectly on the Mass. Land Court’s "Order for New Certificate of Title". The Norfolk Registry of Deeds then "Ordered a New Certificate of Title" for their records regarding the house at 168 Fairfield St., Needham, Mass., see Exhibit B and Exhibit C. Both Authorities, Land Court and Registry, told Michael Elbery the "Certificate of Title" would be forthcoming in accurate form with his name spelt correctly. Maybe someday it will.

18. Michael Elbery also requested, on August 26, 2017, at his cost, to the Norfolk County Registry of Deeds for a certified copy of the "Certificate of Title" for the Real Estate located at 168 Fairfield St., Needham, Mass. and was informed, via Registry Certification, there was no "Certificate of Title" for that real estate, but rather an "Order for a New Certificate of Title" was outstanding at the Registry, and that the only documentation the Registry had for the same real estate was the "Order for New Certificate of Title" from the Massachusetts Land Court with Michael Elbery’s name misspelled and then crossed out with accurate spelling in free hand, see Exhibit A. The Norfolk Registry of Deeds certified that the only documents they have for the Real Estate at 168 Fairfield St., Needham, Mass. is as, per Exhibit A, the Mass. Land Court "Order for New Certificate of Title".

19. At this writing of 11-13-17 there is still no "Certificate of Title" at the Norfolk Registry of Deeds for the Real Estate at 168 Fairfield St., Needham, Mass. per the Registry’s Web Site, see Exhibit C. The only documents that appear on Norfolk Registry of Deed’s Web Site is the same certified documents the Registry sent Michael Elbery in September of 2017, which is Exhibit A.

20. On about the second week of September 2017, Michael Elbery notified all the 5 heirs and the one attorney, Crowe, who represented David Elbery, and the Realtor, Ned Mahoney, see Exhibit F, that he has a legal right to have a valid "Certificate of Title" in his name and because there was no "Certificate of Title" existing at the Norfolk County Registry of Deeds, as represented to him by Certification of the Norfolk County Registry of Deeds, therefore, Michael Elbery has the legal right (and legal obligation) not to sign the Ned Mahoney’s Exclusive Sales Contract because he did not own the Real Estate at 168 Fairfield St., Needham, Mass. per the Registry records. Michael Elbery invited all to immediately alert him when they learned that the Norfolk County Registry of Deeds had a valid "Certificate of Title’ for the Real Estate at 168 Fairfield St., Needham, Mass. with his name spelt correctly, per Exhibit F, and then he would sign Mahoney’s new exclusive sales contract. At that date and up until the date of Service of the Plaintiff’s "Petition for Partition" of 11-13-17, no one has produced to Michael Elbery anything more than what has been certified to him by the Norfolk County Registry of Deeds, per Exhibit A, and what appears on the Registry’s web Site, Exhibit B and Exhibit C. None of the heirs or David Elbery’s attorney, Crowe, or the Realtor Ned Mahoney has produced to Michael Elbery a "Certificate of Title" in his name spelt correctly or even in the heirs’ names. However, Michael Elbery is still at this writing unable to acquire, via Norfolk County Registry of Deeds public records, a "Certificate of Title" on the real estate at 168 Fairfield St., Needham, Mass., but rather there is still only a "Order for New Certificate of Title", see Exhibit C.

21. Now, the plaintiff’s attorney attaches a one page "Transfer Certificate of Title" to the plaintiff’s "Petition for Partition" presenting it like it existed at the Norfolk Registry of Deeds in August through September of 2017, when Michael Elbery received certified documentation from the Norfolk Registry Deeds that there was no "Certificate of Title" at the Registry in the name of the heirs, but rather all they had was, per certification (see Exhibit A), a Mass. Land Court Order with his name incorrectly spelled and crossed out, see Exhibit A. To this day of 11-13-17 there is at the Norfolk County Registry of Deeds, per their public records, still only an "Order for New Certificate of Title" for the land at 168 Fairfield St., Needham, Mass. and no "Transfer Certificate of Title" as attached to the plaintiff’s "Petition for Partition". How or when the plaintiff’s attorney acquired that "Transfer Certificate of Title" he refused to say when Michael Elbery spoke to, Raymond "the clam" Ewer on November 14, 2017.

 

Wherefore,

The plaintiff must withdraw her "Petition for Partition" and the heirs of June Elbery must stop their needless code of silence and communicate with each other and sell the house in Needham, Mass. that is ever so easy, if there is no fraud or tricks by people like Attorney billy Crowe, and Attorney James A. McLaughlin and Attorney Charles W. Long.

Alternatively, The plaintiff must be Assessed attorney fees and all legal fees she has caused to incur via her filing of her "Petition for Partition". There are no grounds against Michael Elbery for those legal costs to be accessed to Michael Elbery, as above, and because he was the only heir of June Elbery to have acted legally concerning the sale attempts of the Estate House at 168 Fairfield St., Needham, Mass.

Michael Elbery

 

Defendant Michael Elbery Requests Jury Trial

 

 

 

Counterclaims

Parties

The plaintiff in Counterclaim incorporates the above paragraphs in this Counterclaim.

1. Michael Elbery is the plaintiff in counterclaim and lives at 470 Memorial Dr., #237, Chicopee, Mass.; he was an original defendant in the Petition for Partition filed by Joyce Elbery as above captioned.

2. Joyce Elbery is now defendant in counterclaim and is 1/5 owner in common of the land at 168 Fairfield St., Needham, Mass. Joyce Elbery lives in North Carolina and filed a Petition for Partition in the Massachusetts Land Court, as above docketed. Joyce Elbery is claiming that Michael Elbery is responsible for all costs and expenses, including her attorney’s legal fees, incurred during the "Petition for Partition" proceedings and process.

Count I of Counterclaim - Fraud

3. Plaintiff in Counterclaim, Michael Elbery, sues Joyce Elbery for Fraud.

4. Specifically, Joyce Elbery is knowingly and deliberately lying when she is now claiming that Michael Elbery is the only heir of June Elbery not to have signed the "Picariello Purchase and Sale Agreement", so to cause Michael Elbery to be assessed all costs and expenses of the "Petition for Partition" she filed at the Mass. Land Court.

5. Joyce Elbery, per phone conversations with Michael Elbery in April through May of 2017, admitted and agreed that she and Robert Elbery were the only heirs to sign that same "Picariello Purchase and Sale Agreement", thus ending any possibility of that sale being consummated. Joyce also admitted she was the only heir to sign Attorney James A. McLaughlin’s "Assent" form so that McLaughlin could be issued a "License to Sell Real Estate" and be legally entitled to grab the buyer’s check for $750,000.00.

6. Further, per the one conversation, during the Picariello Sale, Michael Elbery had with Realtor Ned Mahoney, when Mahoney was getting authorization to return the buyer’s deposit, Mahoney admitted to Michael Elbery that only Joyce Elbery and Robert Elbery signed the "Picariello Purchase and Sale Agreement" and that only Joyce Elbery signed McLaughlin’s "Assent to Sell Real Estate" at 168 Fairfield St., Needham, Mass. Robert Elbery also confirmed to Michael Elbery, see Cross-Claims, that he and Joyce Elbery were the only heirs not to sign the "Picariello Purchase and Sale Agreement."

7. When asked by Michael Elbery how Joyce could sign the "Picariello Purchase and Sale Agreement" without committing Breach of Contract because there was no insurance on the house at 168 Fairfield St., Needham, Mass., and therefore, Joyce breached Paragraph #13 of that same Purchase and Sale Agreement, Joyce refused to answer, but she admitted there was no insurance on the house.

Count II – Conspiracy

8. Joyce Elbery is acting in Conspiracy to commit Fraud, as described in Counterclaim Count I, with David Elbery, Robert Elbery, and Kathleen Elbery, and Ned Mahoney, by claiming that Michael Elbery was the only heir not to sign the "Picariello Purchase and Sale Agreement" so to cause Michael Elbery to be assessed all costs resulting from the "Petition for Partition" she has filed with the Mass. Land Court.

Relief Sought by Plaintiff - in - Counterclaim

9. Michael Elbery, plaintiff in counter claim, has sustained injury due to Joyce Elbery’s Fraud and Conspiracy to Commit Fraud, as above, and demands monetary compensation for General Damages and Emotional Distress caused by Joyce Elbery’s fraud and Conspiracy.

 

Michael Elbery

 

Plaintiff in Counterclaim, Michael Elbery, requests a Jury Trial on this Counterclaim

 

 

 

 

Cross-Claims

Parties

 

The plaintiff in Cross-Claim incorporates the above paragraphs herein this Cross-Claim

1. Michael Elbery is the plaintiff in cross-claims and lives at 470 Memorial Dr., #237, Chicopee, Mass.; he was an original defendant in the "Petition for Partition" filed by Joyce Elbery as above captioned.

 

2. David Elbery is a 1/5 owner in common of the land at 168 Fairfield St., Needham, Mass. and is named by Joyce Elbery, via her "Petition for Partition", as a defendant in that action as above captioned. David Elbery is now a defendant in cross-claim.

3. Kathleen Elbery is a 1/5 owner in common of the land at 168 Fairfield St., Needham, Mass. and is named by Joyce Elbery, via her "Petition for Partition", as a defendant in that action, as above captioned. Kathleen Elbery is now a defendant in cross-claim.

4. Robert Elbery is a 1/5 owner in common of the land at 168 Fairfield St., Needham, Mass. and is named by Joyce Elbery, via her "Petition for Partition," as a defendant in that action, as above docketed. Robert Elbery is now a defendant in cross-claim.

Count I - Fraud

5. Michael now sues, via Cross-claim, Defendants Robert Elbery, David Elbery, Kathleen Elbery for Fraud.

6. Specifically, Robert Elbery, David Elbery and Kathleen Elbery are all lying by claiming that Michael Elbery was the only heir of June Elbery not to have signed the "Picariello Purchase and Sale Agreement", so to fraudulently cause Michael Elbery to be liable for and be assessed for all costs and expenses incurred via the "Petition for Partition" filed by Joyce Elbery, as above captioned.

7. Robert Elbery acted as the "go between person" between the heirs of June Elbery because some of the heirs, at the time of the Picariello Sale Attempt in April 21, 2017 – May 5 of 2017, did not talk to each other. Specifically, David Elbery was exercising his 5th and 6th Amendment Rights and remained silent concerning all issues surrounding the Estate of June Elbery, but was allowed by his Attorney Billy Crowe contact with nephew Robert Elbery. Kathleen Elbery would not always speak to some of the heirs but did allow contact with Robert Elbery for the limited issue of selling the house. Michael Elbery and Joyce Elbery had kept in constant communication for over two years at the date of the "Picariello Sale" relying on Michael Elbery to lead and do all the legal work and thinking while Joyce squealed on the other heirs concerning their illegalities. Robert Elbery, who felt "kept in the dark" by David Elbery and David’s Attorney, Billy Crowe, concerning the Estate of June Elbery, decided to "flip sides" in 2017 and worked and communicated with Michael Elbery at the time of the "Picariello Sale". Robert Elbery had been persuaded in June of 2017 that it best for him if he again cuts Michael Elbery off.

8. Robert Elbery discussed the "Picariello sale", including the "Purchase and Sale Agreement", with Michael Elbery many times by phone and stated that he and Joyce Elbery were the only two heirs of June Elbery to sign the "Picariello Purchase and Sale Agreement" and that he never signed Attorney James A. McLaughlin’s "Assent" to "Sell Real Estate." Per phone conversation, Robert Elbery on Sunday 11-12-17 with Michael Elbery, he stated, "Hey Dude, you are getting "bombed.""

9. Realtor Ned Mahoney sent all the 5 heirs of June Elbery a hard copy of the "Picariello Purchase and Sale Agreement" via email attachment, this in addition to the copy Attorney Charles W. Long sent them. Joyce Elbery and Robert Elbery signed the "Picariello Purchase and Sale Agreement" via electronic "dot loop" on May 2, 2017. 3 heirs, Michael Elbery, Kathleen Elbery and David Elbery declined to sign the "Picariello Purchase and Sale Agreement". However, David Elbery and Kathleen Elbery have since taken opportunity to fraudulently sign the "Picariello Purchase and Sale Agreement" and BACK DATE their respective signatures. David Elbery and Kathleen have contributed in the fraud with "wet ink".

10. Ned Mahoney cancelled the "Picariello attempted sale" of the real estate at 168 Fairfield St., Needham, Mass. on May 5, 2017 when 4 of the heirs refused to sign Attorney James A. McLaughlin’s Assent Form so McLaughlin could be issued a "License to Sell Real Estate" for the Norfolk County Probate Court.

11. No heir of June Elbery or their attorneys, including David Elbery and Kathleen Elbery, were claiming that David and Kathleen had signed the "Picariello Purchase and Sale Agreement" before Realtor Ned Mahoney asked for a refund of Picariello’s deposit on May 5, 2107 and no one, including Realtor, Ned Mahoney, the other four heirs or Attorney Billy Crowe or Attorney Charles Long contacted Michael Elbery claiming that he was the only heir not to sign the "Picariello Purchase and Sale Agreement".

Count II – Conspiracy to Commit Fraud

12. David Elbery, Robert Elbery, Kathleen Elbery, and Ned Mahoney are all acting in Conspiracy with Joyce Elbery to commit Fraud, as described in Counterclaim Count I and Cross-Claim Count I, and the Third Party Claim, below, by now fraudulently claiming Michael Elbery was the only heir not to sign the "Picariello Purchase and Sale Agreement", so to cause Michael Elbery to be assessed all costs and expenses resulting from the "Petition for Partition" that Joyce Elbery filed with the Mass. Land Court.

 

Relief Sought by Plaintiff-in-Cross Claim

13. And the Plaintiff - in – Cross-Claim, Michael Elbery, was injured by Cross-Claim Defendants Kathleen Elbery, Robert Elbery, and David Elbery’s fraud and Conspiracy to Commit Fraud, as above, and he seeks monetary compensation for General Damages and Emotional Distress caused by their fraud and Conspiracy to commit fraud.

 

Michael Elbery

 

 

 

Plaintiff in Cross-Claim, Michael Elbery, requests a jury trial on all Cross-Claims

 

 

 

 

Third Party Claim

Parties

 

The plaintiff of this Third Party Claim incorporates the above paragraphs herein this Third Party Claim.

1. Michael Elbery is the plaintiff for this Third Party Claim and lives at 470 Memorial Dr.,, #237 Chicopee, Mass.; he was an original defendant in the Petition for Partition filed by Joyce Elbery as above captioned.

2. Ned Mahoney (herein also "Mahoney") is the defendant in this third party claim. Mahoney resides at 72 Clarke Circle, Needham, Mass. 02492. Ned Mahoney was the exclusive listing realtor for the real estate at 168 Fairfield St., Needham, Mass. in the time period April 15, 2017 through about May 5, 2017 and worked for Keller Williams Realty at 140 Gould St., Needham, Mass. 02492. Ned Mahoney as exclusive listing agent for the real estate at 168 Fairfield St., Needham, Mass. managed the "Picariello Sale" and ultimately was the only person with authority and function for collecting the "Picariello Purchase and Sale Agreements" issued and collected on that attempted Picariello sale from the five heirs, also his clients, and Mahoney’s sellers of the real estate at 168 Fairfield St., Needham, Mass.; Mahoney received only two signed "Picariello Purchase and Sale Agreements", both via "dot loop electronic signature", from Joyce and Robert Elbery, according to his attorney William Chamberlain during phone conversation with Michael Elbery on 11-22-17.

Count I – Fraud

 

3. Mahoney was successful in obtaining an "Offer" for a buyer named Picariello at the listing price of $740,000.00, after the listed real estate at 168 Fairfield St., Needham, Mass. was on the market for 1 day. Mahoney then shook Picariello down for another $10,000.00 making the Picariello "Offer" of $750,000.00 supported by a deposit "Accepted" by the 5 heirs of June Elbery, who Mahoney listed as the sellers of that real estate. Picariello’s Offer was contingent on getting a mortgage for $750,000.00. Mahoney also, a day later, received an "as is" "cash offer" from Nicholas Arno for $700,000.00. Mahoney on about May 5, 2017 elected to take the real estate off the market because the heirs would not sign Attorney James A. McLaughlin’s "Assent", so McLaughlin could acquire a "License to Sell Real Estate" from the Norfolk County Probate Court for the real estate at 168 Fairfield St., Needham, Mass. The heirs agreed to return the buyers deposit but it was Mahoney who unilaterally took his exclusive listed real estate owned by the 5 heirs of June Elbery at 168 Fairfield St., Needham, Mass. off the market, thus Mahoney violated his 90 day Exclusive Listing Contract which would not expire for another 60 days.

 

 

4. Ned Mahoney spoke to Michael Elbery once, in May of ’17, by phone during the entire "Picariello Sale" debacle, but only after he sent Michael Elbery an email announcing that the "Picariello Sale" was cancelled, see Exhibit I. During that one phone call, Mahoney expressed in a shaken up and depressed tone that he "had never seen that Assent Form before." (referring to Attorney James A. McLaughlin’s Assent Form – see Ex. D-4). Mahoney asked Michael Elbery what his legal strategy was? Michael Elbery told Mahoney to get the Probated Estate Closed so Attorney James A. McLaughlin is prevented from again stepping in at the last minute in attempt to steal another buyer’s check.

5. Also during the above phone call, Mahoney confirmed what Michael Elbery already knew and that was that the "Picariello Sale" was cancelled by the attorneys because 4 of the 5 sellers (heirs) of the house at 168 Fairfield St., Needham, Mass. refused to sign Attorney James A. McLaughlin’s Assent so he could acquire a "License to Sell Real Estate" from the Norfolk County Probate Court and have Picariello be legally required to write the check for $750,000.00 to him, Attorney James A. McLaughlin. And then Attorney McLaughlin could do more Embezzling as he has done with the Cash of the Probated Estate.

6. During that same singular May 2017 phone call to Michael Elbery, Mahoney confirmed what Robert Elbery had already told Michael Elbery and that is that only two sellers (heirs), Joyce Elbery and Robert Elbery, signed the "Picariello Purchase and Sale Agreement."

 

7. Mahoney acknowledged and understood that Michael Elbery had fired Attorney Charles Long, (See Exhibits K-1, K-2, K-3), after Long tried to trick all the heirs of June Elbery into signing Attorney James A. McLaughlin’s Assent form, see Exhibit D-4, so McLaughlin could be issued a "License to Sell Real Estate" by claiming in his letter of April 27, 2017, see Exhibit D-1, that the Mass. "Land Court insists that a License to Sell be allowed."

8. Mahoney stated to Michael Elbery, "go easy on Charlie". Michael Elbery responded that Attorney Charles Long should be disbarred for documenting per his letter of April 27, 2017, see Ex D-1, that the "Land Court insists that a License to Sell be allowed," in attempt by Long to trick the heirs of June Elbery to sign McLaughlin’s "Assent Form" so McLaughlin could be issued a "License to Sell Real Estate" from the Norfolk County Probate Court and grab the buyer’s $750,000.00 sale proceeds check.

9. Now, Mahoney is claiming that only Michael Elbery refused to sign the "Picariello Purchase and Sale Agreement" thus making Michael Elbery responsible for all the costs and expenses incurred for a "Petition for Partition" on the land at 168 Fairfield St., Needham, Mass.. Because Mahoney is now lying about Michael Elbery being the only heir not to sign the "Picariello Purchase and Sale Agreement" Mahoney is committing Fraud against Michael Elbery.

10. Mahoney decided to lie by saying Michael Elbery is the only heir not to sign the "Picariello Purchase and Sale Agreement" only after Michael Elbery sent a 93A letter to his employer, Boston Southwest LLC, in early September of 2017, which amongst other claims, stated that Mahoney violated his Exclusive Sales Agreement by taking the real estate at 168 Fairfield St., Needham, Mass. off the market long before the 90 day contract expired. That 93A letter also claimed that Mahoney violated contract because he was working for the interests of Attorney James A. McLaughlin, who wanted to be the recipient of the $750,000.00 check from Picariello for the real estate at 168 Fairfield St., Needham, Mass. Further, that same 93A letter documented that Mahoney and his employer fixed the answer to the lead paint question on Mahoney’s Exclusive listing Agreement forcing the answer regarding lead paint existing in the listed house to be in the "Negative’; the seller could not answer that lead paint question on Mahoney’s Exclusive Listing "dot loop" document in the "positive" because Mahoney and his employer had the question fixed with an answer of "no."

11. Ned Mahoney is knowingly and deliberately lying about Michael Elbery being the only heir not to sign the "Picariello Purchase and Sale Agreement" causing Mahoney to be committing FRAUD.

 

Conspiracy to Commit Fraud

12. Mahoney was the last on board needed for his Co-Conspirators Joyce Elbery, Robert Elbery, David Elbery and Kathleen Elbery to be able to complete their Conspiracy to De-fraud Michael Elbery of the 1/5 proceeds of the Sale of the house at 168 Fairfield St., Needham, Mass. by now lying that Michael Elbery was the only heir not to sign the "Picariello Purchase and Sale Agreement" and thus making Michael Elbery liable for all the costs and expenses of the Petition for Partition filed by Joyce Elbery.

Relief Sought by Third Party Plaintiff

13. The Third Party Plaintiff, Michael Elbery, is injured by Defendant, Ned Mahoney’s fraud and Conspiracy to Commit Fraud, as above, and he seeks monetary compensation for General Damages and Emotional Distress caused by Mahoney’s fraud and Conspiracy to commit fraud.

 

 

Michael Elbery,

 

 

Third Party Claim Plaintiff, Michael Elbery, requests a jury trial on this Third Party Claim.

 

 

Motive for Conspiracy to Commit Fraud

A complainant/plaintiff is not required to present motive evidence in his complaint pleading, as notice is all that is required. However, the World should not be left without their curiosity being satisfied as to why 4 family members and a realtor would lie to de-Fraud Michael Elbery of his 1/5 share of the sale proceeds of the house he inherited in Needham, Mass.. Well, here it is.

Why should an inheritance cause such trouble, time and resources? Why is free money being obstructed from the heirs? David Elbery is one of the answers as he has had problems with all of the heirs for years. David has been preparing for the death of his mother, June Elbery, for decades; David back in the mid- 1990’s was testing Michael Elbery if he knew what the word "fiduciary" meant. David was at the same time boasting about his two new friends the two Crowe Attorneys and how he thought they knew everything and can’t be beat. No one cared. In 2015, David had Attorney Michael Crowe rig David’s appointment as Personal Representative of the Estate of June Elbery at the Norfolk County Probate Court and after long, needless and expensive to Dave, Dave and his Attorney Billy Crowe were defeated by Michael Elbery because Michael Elbery objected to David’s illegal appointment as the Estate’s Personal Representative (Fiduciary controls all the Estate money). Dave and his new attorney Billy Crowe became so obnoxious and illegal that Michael Elbery documented Dave’s rigging Scandal on his Web Site www.massinjustice.org, other "Dave Scandals" included Dave beating his ex-wife who was committing adultery on him. And Dave’s homosexual activity, which caused the failed marriage. Dave is and has been more than willing to get even, but he was trying to deprive all the heirs of the Estate of June Elbery of their rightful share before Michael Elbery revealed Dave’s Scandal on his Web Site www.massinjustice.org, and see more of Dave’s Scandal on that web site.

Kathleen Elbery is an attorney of the Mass. Bar, but only does taxes, a glorified paper pusher. Kathleen lived at 168 Fairfield St., Needham, Mass. at the time of June Elbery’s death on March 26, 2015 and has remained there to this day in November of 2107. Kathleen does not want to sell the house at 168 Fairfield St., Needham, Mass. because she likes living there and the price is right, otherwise she was never able to afford Needham, Mass.. Kathleen will not allow any co-owner of the house at 168 Fairfield St., Needham, Mass. on the property. She had David Elbery arrested and threatened Michael Elbery not call that house again or she would call the Needham Cops.. Michael and Kathleen had kept in touch for years, but once the Estate of June Elbery materialized Kathleen did everything possible to slow and stop the Estate proceedings especially the sale of the Estate house at 168 Fairfield St., Needham. Kathleen required Joyce Elbery to have a court order from the Norfolk County Judge, who had no Jurisdiction over the house, issue Joyce a court allowance/order so Joyce could enter her property at 168 Fairfield St., Needham, Mass. for 2 visits for about 2 hours only. Keep in mind that Joyce and the other heirs have the same 1/5 ownership rights as Kathleen. Michael Elbery, in order to keep his readership informed via the link on the Estate on his web Site www.massinjustice.org revealed the details of Kathleen’s conduct during the now almost three years of June Elbery’s Estate; Michael Elbery documented that Kathleen had numerous commitments to the Insane asylum at Norwood Hospital and had been arrested twice in 2016 by the Needham Cops for behavior that cost her more trips to the insane asylum for observation. Amongst the other Scandals on Kathy were her "strange noises and faces" she made, according to Attorney Billy Crowe, to potential buyers of the house when Steve Hanna was allegedly trying to sell the house at 168 Fairfield St., Needham, Mass.. Kathleen is haunting the house! It was also disclosed that Kathleen’s behavior is not isolated because both her and Joyce have needed psychological treatment for over 40 years since they graduated from High School. But see all the Scandal on Kathleen on www.massinjustice.org and scroll down on the home page to the Link on the Probate Court of John D. Casey, James A. McLaughlin, and Registrar McDermott.

Joyce Elbery is particularly sensitive and has a long and incurable case of low self-esteem. Like Kathleen, Joyce has considered suicide as a solution. Michael Elbery avoided Joyce Elbery for decades, but once June Elbery died she needed somebody to tell her how to handle the affairs of the Estate because the lawyer she talked to, Greg Condon of Needham, Mass., wanted to start with a retainer of $15, 000.00 so that her rights could be protected from David Elbery and the Crowe attorneys regarding her inheritance. Joyce communicated with Michael Elbery for over two years about the Estate and if it had not been for Michael Elbery’s need for numbers on his side regarding Estate Business he would have cut Joyce off after a few weeks. Joyce Elbery was an abomination to deal with, she doesn’t open her mouth to pronounce words so you can understand her and she lies and is totally lazy and did nothing to help Michael Elbery. Joyce would continually complain but do nothing. She is a big fat Monday morning quarterback. She also repeatedly stated she hated David Elbery and was afraid of the Crowe attorneys. Joyce admitted that she stole $100.00 out of her dead mother’s (June Elbery) pocket book a few days after she died and wanted to know how to get rid of Robert Elbery as an heir because she felt he should get zero. Joyce also said that David Elbery was cursing Robert Elbery because June Elbery did not leave a will causing Robert Elbery to be an heir; like Joyce, David wanted Robert Elbery to get zero. Joyce Elbery knew nothing about Probate Law and could not understand law books and made no effort to learn. Michael Elbery determined to record the unbelievable evidence surrounding the Estate of June Elbery and disclosed Joyce Elbery’s scandal on his web sit www.massinjustice.org , just go to the same link as above described. After the Picariello Deal blew up, Joyce continued claiming that David Elbery never paid her back for the Ford Mustang he bought with her money in the mid-70’s, this was something she unsolicited exclaimed out of context to Michael Elbery for about two years over the phone while discussing the Estate business. Michael Elbery was tied of having to deal with Joyce Elbery and asked her why she didn’t pay for her abortion after her "gang fornications in Weymouth" back in the 1970’s; June Elbery had to pay for the abortion because Joyce, as usual, wanted everybody else to share her pain. That remainder of "Weymouth" by phone is what caused Joyce to defect Michael Elbery, not just double-cross him behind the scenes.

Robert Elbery became offended in about June of 2017 when he learned Michael Elbery published information about his mother, Donna Lockhart-Elbery being left 2 Life Insurance Policies worth over $1,000,000,00 when Paul Elbery (Robert’s father and son of June Elbery) died in 2010. It seems to many who observed that the only purpose of Paul and Donna’s 20-year marriage was making sure Donna got what she wanted. June Elbery came up with $90,000.00 for the down payment on their house in Medfield, Mass., Donna was happy to take from June Elbery because Paul Elbery did not make enough money to cover their modest life style that Donna demanded. Donna never worked a day during that marriage. June Elbery said at Paul’s Death in 2010, "we made sure that mortgage was paid off." There’s much worse but Michael Elbery didn’t feel it was relevant to the finances of June Elbery and has never published it.

For all the motives to lie see www. Massinjustice.org and scroll down on home page to the hyperlink on Attorney James A. McLaughlin and Judge Casey, you won’t be disappointed.

 

 

 

 

Plaintiff in Counterclaim and Cross-Claim and Third Party Claim Requests a Jury Trial on all issues.

 

 

Michael Elbery, 11-22-17