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Date Filed 1/17/2024 4:36 PM
Superior Court - Worcester
Docket Number 2385CV00421
E-FILED
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. SUPERIOR COURT
C. A. NO.: 2385CV00421A.
GARY FLYNN,
Plaintiff, 4
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Vv.
REYNA PERALTA,
Defendant,
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PLAINTIFF’S MOTION TO SUBSTITUTE PLAINTIFF - UNOPPOSED
NOW comes the Plaintiff in the above captioned matter and moves this Honorable Court
to allow the Plaintiff to substitute the owner of his estate, Ms. Jeannette Flynn, as the new Plaintiff
in the matter. As reasons therefore, the Plaintiff asserts the following:
1 On April 8, 2022, a motor vehicle collision occurred between the Plaintiff Gary Flynn
and the Defendant Reyna Peralta in West Boylston, Massachusetts.
Plaintiff Gary Flynn alleged that he suffered severe and ongoing injuries as a result of the
motor vehicle accident. 1
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A lawsuit was filed in the Worcester Superior Court on April 21, 2023. Defendant, Ms.
Reyna Peralta, filed an answer to the complaint denying th¢ material allegations.
Unfortunately, on September 20, 2023, Plaintiff Gary Flynn passed away. See Exhibit A,
Death Certificate.
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On November 13, 2023, Jeannette Flynn was appointed as personal representative of the
estate of Mr. Gary Flynn. See ExhibitB, Estate Documentation.
On behalf of Mr. Gary Flynn, Ms. Jeannette Flynn, as the Personal Representative of the
Estate of Gary Flynn, respectfully asks the court to substittite herself as the Plaintiff so
that the case may continue accordingly.
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Date Filed 1/17/2024 4:36 PM
‘Superior Court - Worcester
Docket Number 2385CV00421
WHEREFORE, the Plaintiff Gary Flynn requests that the court allow the substitution of
Plaintiff to Ms. Jeannette Flynn, as Personal Representative of the Estate of Gary Flynn.
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Respectfully submitted, |
THE PLAINTIFF "
By their Attomey,
be
Marc Cafasso, Esq., BBO#709006
Morgan & Morgan
155 Federal Street, 15 Floor
Boston, MA 02110
(781) 464 - 4132
meafasso@forthepeople.com.
Dated: January 17, 2024
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Date Filed 1/17/2024 4:36 PM
Superior Court - Worcester
Docket Number 2385CV00421
CERTIFICATE OF SERVICE
I, Marc Cafasso, counsel for the Plaintiff, hereby certify that « on the 17" day of January,
2024, a copy of the foregoing document was sent by electronic mail'to the below attorneys and
filed using the electronic filing service:
William P. Mekrut BBO #654350
MURPHY & RILEY, P.C
100 Franklin Street, Suite 500
Boston, MA 02110
(617) 423-3700
WMekrut@MurphyRiley.com
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Marc Cafasso BBO#709006
MORGAN & MORGAN
155 Federal Street, 15""'Floor
Boston, MA 02110
(781) 464- 4132 h
meafasso@forthepeople. com
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DATE: January 17, 2024
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Date Filed 1/17/2024 4:36 PM
Superior Court - Worcester
Docket Number 2385000421
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EXHIBIT A
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Ta alata Ce tee iSae Fess
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The Commonwealth of Massachusetts
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CT 57635 fa im a
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S Commonwealth of Massachusetts
Registry of Vital Recards dnd Statistics
CERTIFICATE OF DEATH
State File #
Registered #
2023043494
232320
ey 07012019,
Place of Death UMASS MEMORIAL MEDICAL CENTER- UNIVERSITY CAMPUS, WORCESTER, MA
Date of Death SEPTEMBER 21, 2023 Age 75 YRS Sex MALE
Curtent Name FLYNN ,
a
GARY F
Stirhunie at Birth-or Adoption FLYNN
pAKA — HRHe
Date of Birth APRIL 09, 1948 Birthplace AMESBURY, MASSACHUSETTS
Residence 416 PROSPECT STREET, WEST BOYLSTON, MASSACHUSETTS 01583
Race Education
WHITE.
SOME COLLEGE CREDIT, BUT NO DEGREE
Marital Status Oceupatton/Industry
-MARRIED PARK SUPERINTENDENT/MUNICIPAL
Last Sjiouse ~ Last, First, Middle (Surnameat Birth or Adoption)
+ Decedent: U.S. Veteran (Most Recent)
I FLYNN, JEANNETTE, A (DOYON) .
Parent Name — Last, First Middfe (Surname ai Birth or Adepiion) Birthplace
FLYNN, HELENE (BLANCHARD)
i Parent Name ~ Last, First Middle (Surname at Birth-or Adoption)
MASSACHUSETTS
Birthplace Fon
FLYNN, BERNARD (FLYNN) fay
MASSACHUSETTS
Parti. Cause of Death ~ Sequentially itst immediate cause then anjecedent causes then underlying case Interval bermeen ease and death
i «Immediate Cause (Fiat condition resulting in desth)
ty
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CARDIOPULMONARY ARREST
1b. Duet or asa conséqiencsof
r
— MIN. Ai et
SEPTIC SHOCK — HRS,
¢. Dus to or asa consequenesoft
ASPIRATION PNEUMONIA
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—- HRS.
4. Dus to oF as. consequetice'of: , Key
f SMALL BOWEL OBSTRUCTION . “_— DAYS
Part il, Other significant conditions contributing to death but not resulting ta underlying wause ‘Manner of Death:
CHRONIC KIDNEY DISEASE, LUNG ADENOCARCINOMA, CORONARY
NATURAL
ARTERY DISEASE . i
Time of Death:
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1 x 01:07 AM
as ;1 .
Result of injury, NO
Certifier WYATT DELOMBA, MD . Lic # 289304
Addr. 55 LAKE AVENUE N, WORCESTER, MASSACHUSETTS 01655
Funeral Licensee/ Designee RICHARD S MANSFIELD Lic.# 5788
z Facility/Adr. MILES FUNERAL HOME,
HOLDEN, MASSACHUSETTS
Jnitnediate Dispasition CREMATION
Date.of Iminediate Disposition SEPTEMBER 25, 2023
Place/Address
RURAL CEMETERY (CREMATORY), 180 GROVE STREET, J
WORCESTER, MASSACHUSETTS 01605
Date of Record SEPTEMBER 25, 2023
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bis Date of dinendment a CLERK, CITY OF WORCESTER
ry DATE.ISSUED: SEPTEMBER 25, 2023
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ra ra 1, the undersigned, hereby certify that lam the Clerk of the Town of West Baylston; that ax such I have custody of tie
records of birth, marriage, and death requiredby law to be kept in mp office; and I do hereby certify that the above
és. true copy from said records, as held in the Commonwealth's central vital records information repostiory,
say i
*\at a aynitn
ko Badth
he ae
eo Clerk ae
ponees [Oo Town.of West Boylston.
ew,= eS im ies
idan es de has
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Date Filed, 1/17/2024 4:36 PM
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i SEN: 2023 043494
“2308p! 1y6f2 -
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FLYNN
WORCESTER :232320"
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WEST BOYLSTON 2023-115
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“STATE VOLIPG: f—~
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a US. war veleran, specly vwarleanflict(s) 7
Branch of iniditary (mést recen!) Birgit recen!
= Service Mei recent):
Date estered{most recent) Date Distharged st recent) - i
—_ ene _
I Place of Death Type Date of Pronouncement TFingof Pronosncenent
HOSPITAL - INPATIE!
=
RNINP/PA Pronouncement? ‘Name of RNINPIPAFronaincing Death ae
Ty Lictt.
iO” 5 i i ja]
RNINPIPA Employing Agency orFisitation é Nan of Piyseiagof ‘dical: intiner notified
= _ Zz
7c of patient's.care, if not certifier - tt
Was. ME Nolified? Provide
BAZZONE, MD - - ae
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‘Antapsy Performed? Findiny valable for ‘Cause? ) Tobacco contributeio Saeath? Pregnancy Status, if femal fe:
NO — l iss Bi
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a Date of Injury Cine of Ijury Tajury at Work? ‘ T Fransporiaiton Tir: ee
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Locdian/Adaress of Injury 7
Place of Injury— I is
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Describe How Injury Occurred, ehyt
—_
Expanded Race: WHITE
Etintcity: AMERICAN I ka i
Informant Name
Relationship. -
a JEANNETTE A FLYNN
‘WIFE
Addr,'416 PROSPECT STREET, weg BOYLSTON, 1 MASSACHUSETTS iss
SEPTEMBER 23, 2023, | Board of!‘Heath Agent” _SUSAN.M DITARANTO HH
Date.Disyiosition Permit. Issued:
Suite Tracking No. 043494 ‘ |.LocalPermit No. 2161-%23,
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1 OOCURRENT 18 PRINTED ON BEQUTITY WATERUARKED MAF Tenis
Sees:
00 HOF-AGCRPT ViITHOUT VERIEYING THE PRESENCEGF THE We AN
WARNE NG: “THE ROCUMENT FACE CONTAINS. A BecurtTy sackenout pa Phang eee
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SPECIAL LINES WITH TEXT,
Date Filed 1/17/2024 4:36 PM
Superior Court - Worcester
Docket Number 2385CV00421
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EXHIBIT B:
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Date Filed 1/17/2024 4:36 PM
Superior Court - Worcester
Docket Number 2385C-V00421
Docket No. Commonwealth of Massachusetts
RS OF AUTHORITY FOR The Trial Court
WO23P3925EA
RSOWAL REPRESENTATIVE Probate‘and Family Court
Worcester Probate.and Family Court
Estate. o' 1
225 Main Street
is. Flynn
Worcester, MA 01608
known as: Gary F. Flynn, Gary Flynn
(608)831-2200
Date of Death: 09/24/2023
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To:
Jeannette A Flynn i
416 Prospect Street
West Boylston, MA 01583
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You have b ‘eppointed and qualified as Personal Representative in (DO Supérvised [X] Unsupervised
administration of this estate on- November 13, 2023 a
ate)
These letters are proof of your authority to act pursuant to:G. L. c. 190B, except forthe following restrictions if any:
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CJ Pursuant to G. L. ¢. 1908, § 3-108(4), the Personal Representative shail have no right to possess estate assets as:
provided in § 3-709 beyond that necessary to confirm title thereto In the.successors to the estate and claims, other than
expénses of administration, if any, shall not be paid. i
LD The Personal Representative was appointed before March 31, 2012 as Executor or Administrator ofthe estate:
} y {Do Not Write Below This Line-For Courl Use Only) J q
CERTIFICATION 1
| certify that it appears by the records of this Court that said appointment remains in full force and stadt. | IN TESTIMONY
‘WHERECF | have hereunto set my-hand and affixed the seal of said Court. 4
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Date November 15, 2023 2 Va & “
Stéphanie Fattman, Register of Probate
MPC 751 (4/15/16) 4
Date Filed 1/17/2024 4:36 PM
‘Superior Court - Worcester
Docket Number,2385C-V00421
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ORDER OF INFORMAL PROBATE OF |Dacket No. ‘coma pie EM oof i
WILL AND/OR APPOINTMENT OF VOP ade 4
Case Number:
Probate and Family Cot
PERSONAL REPRESENTATIVE
Estate of: Worcester Division
Gary Francis Flynn
FirstName ~~ Middla Nama Tast Name
Also Known As: Gary F. Flynn, Gary Flynn
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Date of Death: September 21, 2023
1 A Petition has been filed requesting:
[&] The appointment of a Persona! Representative.
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{x] Informal probate of the will dated January 2, 1988 and codicits
(daley (atesy
of the above named Decedent.
2. Upon consideration of the Petition, | determine based pon the Petition that all of the following are true:
a. The Petitioner is an interested person and has filed a complete and verified Petition
b. Venue is proper. \
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c The Petition was filed within the time period permitted. by law.
d. Any required notices have been given or waived.
e. A death certificate issued by a public officer is in the Court's possession.
f, The spouse, heirs at law and any devisees are not incapacitated or protected;persons or minors; or if they are, they are
represented by a conservator or a guardian who is not the Petitioner. L
INFORMAL PROBATE OF WILL '
3. [J The original, properly executed and apparently unrevoked will Is in the court's possession
The will dated danuary 2, 1988 and any codicils dated
Saag
are referred to as the will, There ara no known prior wills which have not been expressly revoked by a later
. instrument. The will is admitted. to Informal probate. ‘
CO An authenticated copy of the will and any codicil and documents establishing probate in the State of
are in the court's possession and are offered for informal probate. The willis
admitted to informal probate. ‘
( Aduly authenticated copy of the will and a‘duly authenticated certificate of its legal custodian that the copy filed'Is a
true copy. and -hat the will has become operative under the law of ' is offered for
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informal probate. The will is admitted to informal probate.
APPOINTMENT OF PERSONAL REPRESENTATIVE
4. [2] The person.whose appointment is sought has priority for appointment, with or without appropriate nomination and/or
renunciation. Any will to which-the requested appointment refates:has been formally or informally probated.
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MPC. 750 (4/15/16) page 1 of 2
Date Filed 1/17/2024 4:36 PM
Superior Court - Worcaster
Docket Number 2385C-V00421
“ WorcestyDBakthigaand Family Gourt
Estate of: Gary Francis Flynn Datg Filed: 1/9/2023 10:00AM
ame Case Number:
The following person is appointed Personal Representative: '
Jeanfiette A Flynn
etiam i at ems First Name wr ML _ ———astName
416 Prospect Street
Address) TApE Unit No. ote.y TAdaress) “RLU
NS ay
West Boylston MA 01583
(CiyTawmy Tiatay py (ciyitown) + saR)- A
Primary Phone #:(508) 835-6667 Primary Phone #: '
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5. The Personal Representative shail Serve in an unsupervised administration: I
[E] without surety on the bond.
O with (personal LJ corporate sureties on the bond in the penal sum amount of $
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6. Letters.of Authority shall issue. vs
The Personal Representative(s) shall comply with ail relevant requirements under the law and the appointment is subject to
termination as provided in G. L..c. 190B, §§ 3-608-612:
Date AW B \202a ~ ——
C Justice, +FTh Magistrate
The Petition is DENIED/DECLINED because