HAMPDEN COUNTY
`SUPERIOR COURT
`FI
`
`AUGF 82022
`
`COMMONWEALTH OF MASSACHUSETTS
`
`CLERK OF COURTS
`
`
`
`SUPERIOR COURT DEPARTMENT
`CIVIL DOCKET NO.: 2279CV00232
`
` PLAINTIFF’S MEMORANDUM OF LAW
`INSUPPORT OF PLAINTIFF'S MOTION
`FORENTRY OF DEFAULT AGAINST
`DEFENDANT GIANFRANCO
`SCIROCCO
`
`)
`)
`)
`)
`)
`)
`
`))
`
`HAMPDEN,SS
`
`Thomas Russo,
`Plaintiff,
`
`v.
`
`Hector Ramos and Gianfranco Scirocco
`Defendants
`
`I.
`
`INTRODUCTION
`
`
`
`NOW COMESthe Plaintiff, Thomas Russo, and moves pursuant to Mass.R.Civ.P. 55(b)(2)
`[t1
`
`that entry of default be made against the Defendant, Gianfranco Scirocco.
`
`Il.
`
`FACTS
`
`This cause ofaction arises out of a dog bite which occurred on September 3, 2021, at 91 N
`
`Ramah Circle in Agawam, Massachusetts. The Defendant, Gianfranco Scirocco, was a business
`
`tenant located at 81 N Ramah Circle in Agawam, Massachusetts. The Defendants, Gianfranco
`
`Scirocco and Hector Ramos, were the owners and/or keepers ofthe dog. On the above-
`
`referenced date, Plaintiff was presentin the parking lot located at 91 N Ramah Circle for
`
`!
`business purposes after exiting his vehicle. As the Plaintiffwalked in the parking lot, he was
`3
`attacked by a dog, named Pegasus, that was owned and kept by the Defendants, Gianfranco
`Scirocco and Hector Ramos.As a result ofthe attack, Mr. Russo sustained multiple lacerations,
`contusions, and abrasionsincluding but not limited to his left forearm and left lower leg. Mr.
`|
`Russoalso endured pain in his neck, left ankle and foot, and left shoulder, which also contained a
`
`tear in his rotator cuff.
`
`
`SUPERIOR COURT
`FI
`
`AUGF 82022
`
`COMMONWEALTH OF MASSACHUSETTS
`
`CLERK OF COURTS
`
`
`
`SUPERIOR COURT DEPARTMENT
`CIVIL DOCKET NO.: 2279CV00232
`
` PLAINTIFF’S MEMORANDUM OF LAW
`INSUPPORT OF PLAINTIFF'S MOTION
`FORENTRY OF DEFAULT AGAINST
`DEFENDANT GIANFRANCO
`SCIROCCO
`
`)
`)
`)
`)
`)
`)
`
`))
`
`HAMPDEN,SS
`
`Thomas Russo,
`Plaintiff,
`
`v.
`
`Hector Ramos and Gianfranco Scirocco
`Defendants
`
`I.
`
`INTRODUCTION
`
`
`
`NOW COMESthe Plaintiff, Thomas Russo, and moves pursuant to Mass.R.Civ.P. 55(b)(2)
`[t1
`
`that entry of default be made against the Defendant, Gianfranco Scirocco.
`
`Il.
`
`FACTS
`
`This cause ofaction arises out of a dog bite which occurred on September 3, 2021, at 91 N
`
`Ramah Circle in Agawam, Massachusetts. The Defendant, Gianfranco Scirocco, was a business
`
`tenant located at 81 N Ramah Circle in Agawam, Massachusetts. The Defendants, Gianfranco
`
`Scirocco and Hector Ramos, were the owners and/or keepers ofthe dog. On the above-
`
`referenced date, Plaintiff was presentin the parking lot located at 91 N Ramah Circle for
`
`!
`business purposes after exiting his vehicle. As the Plaintiffwalked in the parking lot, he was
`3
`attacked by a dog, named Pegasus, that was owned and kept by the Defendants, Gianfranco
`Scirocco and Hector Ramos.As a result ofthe attack, Mr. Russo sustained multiple lacerations,
`contusions, and abrasionsincluding but not limited to his left forearm and left lower leg. Mr.
`|
`Russoalso endured pain in his neck, left ankle and foot, and left shoulder, which also contained a
`
`tear in his rotator cuff.
`
`
`
`
`
`(Exhibit B). To date, Plaintiffhas not yet received an Answerfrom the Defendant. This is well
`
`overthe 20 daysallotted under Rule 12, and the Defendanthas not requested additionaltime
`from this Court. Additionally, pursuant to Mass. R. Civ. P. 55(b)(2), the Plaintiffis entitled to an
`
`Entry ofDefault for the Defendant’sfailure to answer their Complaint. In this matter, the
`
`damagesare not sum certain, and therefore the Plaintiffrequests that the Court enter Default.
`
`IV.
`
`CONCLUSION
`
`The Defendant, Gianfranco Scirocco,has failed to provide Plaintiffwith a responsive
`
`pleading to his Complaint. WHEREFORE,thePlaintiff respectfully requests this Honorable
`
`Court enter default against the Defendant.
`
`Dated: Y
`Or /SiOoam
`
`Respectfully Submitted,
`Byhis attorneys,
`
`|
`
`- R
`
`obert A. DiTusa, Esq., BBO#: 649218
`Laura D. Mangini, Esq. BBO#: 684620
`Matthew J. Montano, BBO#: 703729
`Alekman DiTusa, LLC
`1550 Main Street, Suite 401
`Springfield, MA 01103
`(413) 781-0000
`(413) 827-0266 (fax)
`
`Ml.
`
`ARGUMENT
`
`“After service upon him ofany pleading requiring a responsive pleading,a party shall serve
`
`such responsive pleading within 20 days unless otherwise directed by order ofthe court.” Mass.
`
`R. Civ. P. 12(a). Here, Plaintiff filed his Return of Service for the Complaint on May 16, 2022.
`(ExhibitA). Furthermore, onJune 17, 2022,the Plaintiffsent viaCertified Mail, aletterto the |
`Defendant informing him that such an Answerto the Plaintiff's Complaint was outstanding.
`
`
`
`CERTIFICATE OF SERVICE
`
`th
`I, Matthew J. Montano,Esq., hereby certify that on this ks day ofJuly 2022, I caused
`the foregoing Memorandum ofLaw in Support ofPlaintiff's Motion for Entry ofDefault Against
`Defendant Gianfranco Sciroccoto be served upontheparties to this matter by mailing copies,
`postage prepaidto:
`
`|
`
`Gianfranco Scirocco
`28 Grant Street
`Agawam, MA 01001
`
`DlYo
`
`Matthew J. Montano, Esq.
`
`
`
`EXHIBIT A ~
`
`
`
`HechoDamesondGiarifianoSitoeegDEFENDANT(S) :
`
`
`
`
`
`
`
`Youneednotappear-personally-in-court-to-answer-the-complaint,butif-you-claim-to-have.adefense,eitheryouor
`
`
`
`TO PLAINTIFF'S ATTORNEY:PLEASE CIRCLE TYPE OF ACTION INVOLVED:
`TORT - MOTOR VEHICLE TORT- CONTRACT- EQUITABLE RELIEF - OTHER
`
`COMMONWEALTH OF MASSACHUSETTS
`
`HAMPDEN,ss
`
`‘
`
`SUPERIOR COURT.
`DEPARTMENTOF THE TRIAL COURT
`CIVIL ACTION NO.
`ae 0232
`
`daysasspecifiedhereinandalsofiletheoriginalintheClerk'soffice.
`
`
`
`
`
`
`
`
`
`yourattorneymustserveacopyofyourwrittenanswerwithin20
`
`, PLAINTIFF(S)
`
`‘To the above named defendant:
`
`'
`
`|
`Youareherebysummonedandrequiredtoserveupon Qo\pext A.Dilua
`®.
`rynfeld Up
`plaintiff's attorney, whose address is
`;
`:
`answerto the complaint whichis herewith served upon you,within 20 daysafterservice ofthis Summons upon
`you,exclusive ofthe day ofservice. Ifyou fail to do so,judgment by defaultwill be taken againstyoufor the
`reliefdemandedin the complaint. Youarealso required to file your answerto thecomplaintintheofficeofthe
`Clerk ofthis court at Springfield either before service upontheplaintiff's attomey or within a reasonable time
`thereafter.
`
`|
`
`-
`
`Unless otherwise providedbyrule 13(a),youranswermuststateas acounterclaimanyclaimwhichyou
`may have againstthe plaintiffwhicharises outofthe transaction oroccurrencethatis the subjectmatterofthe
`plaintiff's claim or you will thereafter be barred from making such claim in any other action.
`
`Witness, Heidi E. Brieger, Esq., at Springfield the ___ day of
`in the, year of our Lord two thousand
`
`
`Laura S. Gentile, Esquire
`CLERK OF COURTS
`
`
`
`NOTES:
`J. This summons js issued pursuant to Rule 4 ofthe Massachusetts Rules ofCivil Procedure
`2, When morcthan one defendantis involved, the names ofall such defendants should appear [n the caption. If a separate summons ls used
`for each defendant, cach should be addressed to the particular defendant.
`
`FORM No.!
`
`Thowns Qusso
`v
`SUMMONS
`
`
`
`
`
`
`NOTICETODEFENDANT
`
`
`
`
`
`
`
`of
`of
`wk pba
`pants
`
`Deputy Sheriff:stacey.;Dufresne
`
`
`races ariareayrememvenaetniesmntOOATES
`
`CEGS
`
`We eR
`
`
`
`ee
`‘office:of,the2 Sheriff
`
`‘Hampden.County © 95'Liverty St? PO;Box'500
`
`usual place’Of
`ekMA’ereandb
`“fowite38.Evisintne
`Wexaddress:on
`
`
`$1.50)Interogatories:&Req,for:Document:
`
`$($16.00).
`-
`abode ofGIA’ANERI
`4 29/2022.Attestation:x2> ($10.00):BasicService't
`Fee($20,00) Conveyance.(
`I:Malling($4.00):‘Travel ($3:20)Total:$54.70
`
`
`
`
`
`
`
`
`EXHIBIT B
`
`1i
`
`1|i1
`
`
`
`Ryan E. Alekman, Esq., Partner*
`
`RobertA. Oitusa, Esq., Partner®
`LauraD.Mangini,Esq., Partner
`FX:413.827.0266
`3.413.761,
`
`.
`
`ALEKMAN
`DI T U S AT
`@mama|a >
`Attorneys At Lowseas
`.
`ee
`AST
`
`’jatthew Montano, Esq.
`LeeDawn Daniel,Esq., ofCounselO+
`Alsolicensed in; “Connecticut;
`wanatskrnenditusecom
`+Pennsylvania;
`ON
`
`June 17, 2022
`
`Gianfranco Scirocco
`28Grant Street
`Agawam, MA 01001
`
`RE:
`
`Thomas Russov. HectorRamos and GianfrancoScirocco
`Hampden SuperiorCourt CA No.: 2279CV00252
`
`Dear Mr. Scirocco
`
`
`
`Please note, that your Answerto the Complaint for the above captioned matter isnow |
`overdue. Please forward the Complaint alongto your Insurance companyso that they mayfile |
`an answeron yourbehalf.If you, or your Insurance company, do notfile an AnswerbyJuly 8,
`2022, | will be forced to file a Motion for Default Judgement.
`
`Please do nothesitate to contactme further on this matter, Thankyou for your
`courtesy.
`
`
`
`Robert A. DiTusa, Esq.
`
`|
`
`RAD/hm
`
`Via, Ceve Monk: F021 ZAZO coco 4195 929%
`
`ee
`
`1550 MainStreet, Suite401, Springfield, Massachusetts 01103
`
`
`
`|
`HAMPDEN COUNTY
`SUPERIOR COURT
`
`FTILED
`“a 82022
`
`!
`CLERK OF COURTS
`
`COMMONWEALTH OF MASSACHUSETTS
`
`SUPERIOR COURT DEPARTMENT
`CIVIL DOCKET NO.: 2279CV00232
`
`)
`)
`AFFIDAVIT OF MATTHEW J.
`)
`) MONTANO, ESQ.
`
`))))
`
`HAMPDEN,SS
`
`Thomas Russo,
`Plaintiff;
`
`v.
`
`Hector Ramos and Gianfranco Scirocco
`Defendants
`
`I, Matthew J. Montano,Esq., hereby swear underpenalty ofperjury that the following
`
`statements are true, accurate, and complete, and known to me personally unless otherwise
`
`indicated to be known to me only on information andbelief:
`
`1.
`
`Irepresent the Plaintiff in this proceeding.
`
`2. The above-captioned action was filed on April 19, 2022.
`
`3. Service of Summons, Complaint and Demandfora Jury Trial, and Statement of
`
`Damages was made via the Hampden County Sheriff, whose return of service indicates
`
`that the Defendant, Gianfranco Scirocco, was served on April 29, 2022.
`
`4. To date, no responsive pleading has been filed and served on the Plaintiff.
`
`|
`5. Defendant, Gianfranco Scirocco, is not an active memberofthe uniformedservices as
`
`
`
`defined by § 101(a) of Title 10 of the United States Code.
`
`Signed under the painsand penalties of perjury this 8" day ofAugust, 2022.
`
`DelHae
`
`Matthew J, Montano, Esq.
`
`
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