Case Last Refreshed: 10 months ago
Board Of Directors Of The Stonecleave Village Association Inc, filed a(n) Equitable Remedies case represented by Barnett, Esq., Jennifer L, against Odle, Susan E, in the jurisdiction of Essex County, MA, . Essex County, MA Superior Courts .
Case Number |
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Filing DateMay 08, 2015 |
CategoryEquitable Remedies |
Last RefreshedJuly 12, 2023 |
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Filing LocationEssex County, MA |
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Notice of voluntary dismissal (41a.l.i) without prejudice
Date: August 21, 2017| Date | Type | Description | |
|---|---|---|---|
| August 21, 2017 | Docket Event | Notice of voluntary dismissal (41a.l.i) without prejudice | |
| August 14, 2017 | Docket Event | The following form was generated: Notice to Appear Sent On: 08/14/2017 10:48:56 | |
| June 16, 2015 | Docket Event | Party status: Other interested party Digital Federal Credit Union: Dismissed; | |
| June 16, 2015 | Docket Event | Stipulation of dismissal with prejudice, without costs as to Digital Federal Credit Union's | |
| June 08, 2015 | Docket Event | The following form was generated: Notice to Appear Sent On: 06/08/2015 15:23:10 | |
| June 05, 2015 | Docket Event | Defendant Digital Federal Credit Union's Motion to dismiss all counts | |
| June 05, 2015 | Docket Event | Appearance entered On this date John A Doonan, Esq. added for Other interested party Digital Federal Credit Union | |
| June 05, 2015 | Docket Event | Appearance entered On this date Reneau Jean Longoria, Esq. added for Other interested party Digital Federal Credit Union | |
| May 13, 2015 | Docket Event | Findings and Order for Approval of Plaintiff(s) Board of Directors of the Stonecleave Village Association Inc's Motion (#5.0) for a Preliminary Injunction as to Defendant(s) Susan E Odle Also Known As Susan E Berberian FINDINGS, RULINGS AND ENTRY OF PRELIMINARY INJUNCTIVE RELIEF :This matter came on for hearing before the Court on May 12, 2015. The plaintiffs, as directors of the Stonecleave Village residential condominiums located at Methuen, Essex County, Massachusetts have brought this action seeking immediate and long term relief from those conditions currently found within and about Unit #21 D of said condominium development and as located on 20 Washington Street within said municipality of Methuen. The defendant, Odle is currently the holder of title to said unit pursuant to a unit deed recorded at Book 1697, page 8, Essex North Registry of Deeds. The named defendants/parties-in-interest are either lien holders of record or otherwise have an interest in the title, use, occupancy and/or maintenance of said unit. The plaintiff has given notice of its intention to seek immediate injunctive relief in this matter. At the start of the motions session on May 12, 2015, the defendant, Odle, acting pro se faxed to the Clerk Magistrate's office a request that the hearing on this matter be postponed based upon her current residence at a treatment facility. As can be seen from the evidence and facts, the plaintiff is entitled to the relief it requests at this time based upon genuine health and safety concerns. At hearing, the Methuen Director of Public Health and its Code Enforcement Office were examined on the record and under oath. Accompanied by some twenty five (25) sets of photographs of Unit 21D taken during a recent inspection of the unit, these two (2) witnesses have provided clear and convincing evidence that the defendant, Odle is now maintaining public health and public safety hazard and nuisance within said unit in violation of state and local public health and fire safety laws and regulations. Finding is now made that as a result of a prolonged and unattended water leak within the unit, there is now growing within the unit hazardous mold spores which are contaminating Unit 21D and the units and common areas surrounding said unit. Further, said unit has been found to contain an inordinate amount of trash, filth and debris resulting in its being unfit for human habitation and a fire hazard. Based upon conditions now found within the unit, the Methuen Health Department has issued a condemnation order regarding its future use and occupancy. Based upon the record now before the Court, finding is now made of a reasonable likelihood of success by the plaintiff in this matter. There has been no disclosure of any insurance available to remedy this matter and, in balancing the impact here between the parties, it is abundantly clear that if action in this matter is not immediately taken, the residents of the seventy eight (78) unit Stonecleave Village will be put at risk regarding their health and safety., Accordingly, and pending further order of this Court after hearing and with notice given the following shall be ORDERED at this time, viz: 1. The plaintiff's motion seeking PRELIMINARY INJUNCTION in this matter against the defendant and those named defendants/parties-in-interest is ALLOWED. 2. Service of this preliminary injunction shall be made upon the defendant and all other defendants/parties-in-interest by the plaintiff forthwith. 3. Within forty eight (48) hours after such service made, the defendant an/or defendants/parties-in-interest shall file with the Clerk Magistrate's office of this Court a written action plan for the complete remediation of all public health and fire safety code violations within said unit. Said plan shall be immediately presented to the Court for its review, revision and approval as deemed necessary to abate the public health and fire safety issues within said unit. Upon receipt of said approval by the Court, work shall commence on the unit immediately to bring it into compliance with such public health and fire safety codes. 4. Upon the expiration of said forty eight (48) hour period, should the defendant or the defendants/parties-in-interest, fail, refuse or neglect to comply with paragraph three (3) supra, the plaintiff is hereby authorized to enter said unit with workers and equipment and to undertake at the direction of the Methuen Health Department all necessary work, cleaning, refuse disposal, mold remediation treatment and other necessary actions to bring the unit into compliance with the minimum standards of fitness for human habitation and order as well as all fire safety codes required by state and local laws and regulations. All expense and costs associated with the same shall be a preferred lien upon the said unit's title as provided for by law. 5. There shall be no use or occupancy of the unit thereafter until a hearing is held before this Court to determine the viability of the same for purposes of long range occupancy and taking into consideration the impact of the same upon the condominium project as a whole. 6. No person shall interfere with, impede or otherwise disrupt the plaintiff's access to said unit or work to be done therein in the carrying out of this ORDER. Any such person(s) doing so shall be subject to arrest by the Methuen Police upon request of the Methuen Health Department. 7. In carrying out the terms and conditions of this ORDER, any personal property removed from said unit by the plaintiff which is of obvious intrinsic value (i.e. currency, jewelry, heirlooms, family photographs, electronics, appliances, luxury clothing and the like) shall be itemized and safely stored by the plaintiff pending further order of this court. All necessary expenses associated with the same shall be the responsibility of the defendant or defendants/parties-in-interest to compromise, pay and satisfy in full. 8. The plaintiff shall be entitled to use all reasonable action necessary to gain entry into said unit and to carry out the terms and conditions of this ORDER. In the event that force must be exercised, the Methuen Police shall be contacted and engaged by the Methuen Board of Health to accomplish the same. No other party other than the Methuen Police shall be authorized to exercise necessary force under such circumstances and no other party shall engage in any breach of the peace in carrying out the terms and conditions of this ORDER. All Until As Further Ordered by the Court: Hon. Robert A. Cornetta, Justice. Dated: May 13, 2015 | |
| May 13, 2015 | Docket Event | Defendant Susan E Odle Also Known As Susan E Berberian's Motion for Various Matters. ( received 05/12/2015 via fax) |
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