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Case Information
Filed
2023-06-13
Status
Open
Type
Miscellaneous|E Filed Eqa Equitable Action Involving Any Right, Title Or Interest In Land, G.l. Chapter 185, § 1
Docket
23 entries
Parties
Plaintiff
T. Michael Rockett As Owner And|Richard P. Rocket As Owner And|T. Michael Rockett As Owner And|Richard P. Rockett As Owner And
Defendant
Kerastaris, Angela|Kerastaris, Heather|Nikolouzos, George D.|Fiqirete Kasemi Ps Trustee Of The 25 27 Heritage Way Condominium Trust|Mortgage Electronic Registration Systems, Inc.
Lawyers
Docket Entries
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 441709 Date: 06/13/2023
- Land Court surcharge Receipt: 441709 Date: 06/13/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Complaint eFiled.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Thomas K Egan, Esq. [email protected] Sent On: 06/20/2023 12:38:08
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 07/11/2023 Time: 02:45 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Thomas K Egan, Esq. [email protected] Sent On: 06/20/2023 12:42:04
- Joint Statement (Plaintiffs' Version of the Case Management Conference Statement) , filed.
- Defendants' Answer to Plaintiffs' Complaint for Adverse Possession, filed.
- Joint Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 07/11/2023 02:45 PM Has been: Held via video Hon. Gordon H. Piper, Presiding July 11, 2023. Case Management Conference held via videoconference. Attorney Thomas K. Egan, Esq. appeared for the plaintiff. Attorney Orestes G. Brown, Esq. appeared for the defendants. Because plaintiff had not yet named all necessary parties, court conducted only a preliminary conference. In this case, the plaintiffs, fee owners of the properties at 15-17 Heritage Way and 14-18 Bessom Street in Marblehead ("Plaintiffs' Properties"), allege that they have adversely possessed a portion of the property located at 25 Heritage Way, Marblehead, Massachusetts. The defendants are the fee owners of a condominium unit at 25 Heritage Way ("25 Heritage"), which is one of the two condominium units comprising the 25-27 Heritage Way Condominium. The organization of unit owners ("Trust") of that condominium have not been named as a party in this action. Attorney Egan reported that the area the plaintiffs claim to have possessed adversely is located within the defendants' exclusive use portion of the condominium's common area backyard. Nonetheless, the court explained that decisional law requires the inclusion of the condominium's organization of unit owners, the trustees of the Trust, as defendants in this litigation. See Sea Pines Condominium III Assoc. v. Steffens, 61 Mass. App. Ct. 838, 842-844 (2004) and cases cited. Attorney Brown indicated that his clients' condominium unit is encumbered by a mortgage. The court expressed concern that any possible change to the record boundaries of 25 Heritage resulting from a successful adverse possession action would impair the collateral interest of the mortgagee of the property. Attorney Egan instructed file an amended complaint by July 25, 2023, naming as additional defendants the incumbent trustees of Trust, and the holder of the mortgage on 25 Heritage. The court deferred instructing Attorney Egan to include the owner of 27 Heritage Way, the second unit in the condominium, as a defendant in the amended complaint, but indicated that if Attorney Egan did name that owner as a defendant, any holder of a mortgage on the 27 Heritage Way unit also should be joined as a defendant. Counsel instructed to file a joint report with the court requesting additional case management conference be held once the amended complaint has been filed and service has been made on all defendants. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made using the Tyler eFile portal, or by filing hard copies with the court. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Thomas K Egan, Esq. [email protected] Defendant: Orestes G Brown, Esq. [email protected] Sent On: 07/14/2023 10:23:18
- Summons returned to Court with service on Heather Kerastaris filed. Service on July 7, 2023 at last and usual place of abode.
- Summons returned to Court with service on Angela Kerastaris filed. Service on July 7, 2023 at last and usual place of abode.
- Summons returned to Court with service on George D. Nikolouzos filed. Service on July 7, 2023 at last and usual place of abode.
- Amended Complaint, filed.
- Report to Court, filed.
- Summons returned to Court with service on Fiqrete Kasemi PS Trustee of the 25-27 Heritage Way Condominium Trust, filed. Service on August 21, 2023 at last and usual place of abode.
- Summons returned to Court with service on MERS 11819 Miami Street, filed. Service on August 22, 2023 via hand delivery to agent of defendant.
- Rule 12(b) Motion to Dismiss by Defendant "Fiqirette Kasemi PS Trustee of the 23-27 Heritage Way Condominium Trust", filed.
- Answer of MERS, Inc., filed.
- Plaintiffs' Opposition to Motion to Dismiss filed by Fiqirette Kasemi as Trustee of the 25-27 Heritage Way Condominium Trust, filed.
- Scheduled Judge: Piper, Hon. Gordon H. Event: Motion to Dismiss Date: 10/11/2023 Time: 03:00 PM (via videoconference) Notice of Hearing on Motion to Dismiss was generated and sent to: Plaintiff: Thomas K Egan, Esq. [email protected] Defendant: Orestes G Brown, Esq. [email protected] Defendant: Pro Se Defendant: Effie Gikas Tchobanian, Esq. [email protected] Sent On: 09/26/2023 14:55:26 Notice of hearing and ZOOM access information sent to all counsel of record and pro se defendant by email on 9/26/2023.
- Event Resulted: Motion to Dismiss scheduled on: 10/11/2023 03:00 PM Has been: Rescheduled For the following reason: Request of Defendant(s) Hon. Gordon H. Piper, Presiding
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