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Case Information
Filed
2023-09-20
Status
Closed
Type
E Filed Tre Trespass To Real Estate Involving Title, G.l. Chapter 185, 1(o)
Docket
32 entries
Parties
Plaintiff
Perry, Theodore M.
Defendant
Fiaschetti, Kathleen
Lawyers
Docket Entries
- ase assigned to the Fast Track per Land Court Standing Order 1:04.
- and Court miscellaneous filing fee Receipt: 444166 Date: 09/20/2023
- and Court surcharge Receipt: 444166 Date: 09/20/2023
- erified Complaint eFiled.
- niform Counsel Certificate for Civil Cases filed by .
- he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Sent On: 09/28/2023 10:51:09
- vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 11/02/2023 Time: 10:30 AM
- ummons returned to Court with service on Kathleen Fiaschetti filed.
- vent Resulted: Case Management Conference scheduled on: 11/02/2023 10:30 AM Has been: Rescheduled Hon. Michael D. Vhay, Presiding
- vent Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 11/03/2023 Time: 09:00 AM
- ase Management Conference Joint Statement, filed.
- ppearance of Kenneth A Mitchell, Jr., Esq. for Kathleen Fiaschetti, filed
- efendant's Answer, Counterclaim, and Demand for Trial by Jury, filed.
- vent Resulted: Case Management Conference scheduled on: 11/03/2023 09:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- lternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
- elephonic case management conference and initial intervention event held. The parties appeared through counsel. This case concerns a dispute over whether defendant Fiaschetti's wooden stockade fence is impermissibly encroaching on plaintiff Perry's property, or whether Fiaschetti has acquired that part of Perry's property by adverse possession. The fence runs roughly parallel to the parties' record common boundary line. The parties' homes are side-by-side on East Water Street in Rockland, MA. Plaintiff Perry claims that Ms. Fiaschetti's fence encroaches up to two feet on Mr. Perry's side of the boundary line over a distance of approximately 32 feet. Mr. Perry also claims that Ms. Fiaschetti encroaches on his property with a wooden buttress supporting the fence and by the attachment of a clothesline to a tree on Mr. Perry's property. Mr. Perry seeks removal of these encroachments. Ms. Fiaschetti counterclaims for adverse possession and for trespass, but Mr. Perry disclaimed any interest in Fiaschetti's property and questions whether he placed any of the encroachments Fiaschetti perceives on her property. After hearing from the parties, the Court ORDERS Mr. Perry to determine and report to the Court by November 10, 2023 whether he has title insurance and whether he has a mortgage on his property. The Court further ORDERS the parties to report by November 10, 2023, whether they'd like a stay of this case to pursue mediation. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Kenneth A Mitchell, Jr., Esq. [email protected] Sent On: 11/03/2023 14:24:45
- laintiff's Report of Owner's Title Insurance and Mortgagee, filed.
- efendants Report as to Willingness to Enter Mediation, filed.
- t the parties' request, the Court REFERS this case to the Land Court's staff mediator, attorney Barbara Macy. She reports it may be two or three months before she will be able to get to the case substantively. The Court STAYS all proceedings in this case, but the parties are free to move at any time to halt the mediation process and have the Court return the case to active litigation. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Kenneth A Mitchell, Jr., Esq. [email protected] Sent On: 11/17/2023 18:04:17
- ummons returned to Court with service on LakeView Loan Servicing, LLC, c/o Corporate Service Company filed.
- ummons returned to Court with service on Mortgage Electronic Registration System, Inc. c/o CT Corporation filed.
- efendant's Answer, Amended Counterclaim and Demand for Trial by Jury, filed.
- ppearance of Michael R Hagopian, Esq. for Mortgage Electronic Registration Systems, Inc. as Nominee for Lakeview Loan Servicing, LLC, filed
- nswer of Mortgage Electronic Registration Systems, Inc. as Nominee Lakeview Loan Servicing, LLC to Defendant's Counterclaim, filed.
- he Court's staff mediator reports that the parties are nearing a settlement of this case on their own, and have respectfully declined the mediator's services. The Court ORDERS the parties to file by February 29, 2024, a status report on their settlement efforts. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Harold O Beede, Esq. [email protected] Defendant: Kenneth A Mitchell, Jr., Esq. [email protected] Defendant in Counterclaim: Michael R Hagopian, Esq. [email protected] Sent On: 02/22/2024 08:31:18
- oint Status Report, filed.
- he Court has reviewed the parties' status report. The Court ORDERS the parties to submit by April 5, 2024, a further joint status report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry sent to counsel of record by email.
- ppearance of Joseph Paul Murphy, Esq. for Mortgage Electronic Registration Systems, Inc. as Nominee for Lakeview Loan Servicing, LLC, filed
- ppearance of Kenneth B Walton, Esq. for Mortgage Electronic Registration Systems, Inc. as Nominee for Lakeview Loan Servicing, LLC, filed
- oint Status Report as to Settlement Progress, filed.
- Day Nisi Order issued. Returnable 05/03/2024.
- tipulation of Dismissal, filed.
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