Freedom Credit Union Vs. Staples, Susan A Et Al

Rule 9A list of documents filed. Applies To: Netkovick, Esq., Timothy M (Attorney) on behalf of Freedom Credit Union (Plaintiff)

Attorney appearance On this date Timothy M Netkovick, Esq. dismissed/withdrawn for Plaintiff Freedom Credit Union

Stipulation of dismissal without Prejudice, without Costs as to Freedom Credit Union's original complaint

Endorsement on Motion to amend the complaint (#23.0): No Action Taken at this time Judge: Carey, Hon. Richard J

Affidavit of compliance with Superior Court Rule 9A Applies To: Girvan, Esq., Robert E (Attorney) on behalf of Freedom Credit Union (Plaintiff)

Rule 9A notice of filing Applies To: Weiner, Esq., Gary M (Attorney) on behalf of Freedom Credit Union (Plaintiff)

Opposition to to motion to amend complaint filed by

Plaintiff Freedom Credit Union's Motion to amend the original complaint

Pre-Trial ORDER: Trial without jury 2 (1/2 ) days scheduled for 7/8/19, 7/9/19. Final trial conference 7/1/2019. Judge: Mason, Hon. Mark D

Affidavit of Timothy M. Netkovick, Esq

Affidavit of Dennis Staples)

Susan A Staples's Memorandum

Pre-Trial ORDER: For good cause, pre-trial conference continued to 5/2/2019. The Court ordered the Plaintiff to obtain a copy of the recording from Probate Court for the hearing held on 12/30/15. Judge: Mason, Hon. Mark D

Joint Pre-Trial Memorandum filed: Applies To: Weiner, Esq., Gary M (Attorney) on behalf of Freedom Credit Union (Plaintiff); Netkovick, Esq., Timothy M (Attorney) on behalf of Freedom Credit Union (Plaintiff)

Endorsement on Motion to continue / reschedule an event final pre-trial conference (#15.0): ALLOWED final pre-trial conference continued to April 8, 2019 at 2:00 pm Judge: Mason, Hon. Mark D

Defendant Susan A Staples's EMERGENCY Motion to continue / reschedule an event 03/25/2019 02:00 PM Final Pre-Trial Conference

Endorsement on Motion for summary judgment, MRCP 56 (#12.0): After hearing, the plaintiff's motion for summary judgment is DENIED Before the court is the plaintiff, Freedom Credit Union's ("Freedom"), motion for summary judgment. At first blush, the motion appears to involve the straightforward, and common, circumstance where a debtor fails to pay on a fixed rate mortgage note. However, in this case, there is a twist. In this case, subsequent to the execution of the note and associated mortgage, the Hampshire Probate and Family Court ordered the co-signer of the note, Mr. Staples, (the former husband of the defendant herein), to refinance the note and remove the defendant's name as co-obligor. In her opposition to Freedom's motion for summary judgment, the plaintiff relies upon the proceedings in Probate Court where that court ordered that the husband be obligated to pay the debt in question, and that the wife, (the defendant herein), was to be relieved of that obligation. The defendant herein alleges that her former husband has failed to abide by the Probate Court order, and further states that she has brought multiple contempt actions against her former husband. This unhappy fact pattern would not usually affect Freedom¿s standing to proceed against the defendant herein. However, potentially significant is a portion of the Probate Court records which reflect the following: "Doc. #32, 12/30/15, "'Mr. Staples provided the court with a message he received on his cell phone from Attorney Timothy Netkovick, counsel for Freedom Credit Union (FCU), confirming that the arrangements Mr. Staples made with FCU, have resulted in a settlement of the debt and Ms Bresnahan being released of all claims currently held against her in this matter.' (Fidnick, J.)" The question is whether, under these unique circumstance, Freedom is estopped from proceeding against the defendant herein. It is a genuine issue of material fact as to whether Freedom entered into a binding agreement whereby the defendant herein was to be released from all claims currently held against her by Freedom. The plaintiff's motion for summary judgment is denied.

Rule 9A list of documents filed.

Rule 9A notice of filing

Affidavit of compliance with Superior Court Rule 9A Applies To: Weiner, Esq., Gary M (Attorney) on behalf of Freedom Credit Union (Plaintiff)

Opposition to to motion for summary judgment filed by

Freedom Credit Union's Memorandum in support of of its motion for summary judgment

Affidavit filed by Plaintiff Freedom Credit Union in support of motion for summary judgment.

Plaintiff Freedom Credit Union's Motion for summary judgment, MRCP 56

Pre-Trial ORDER: For good cause, pre-trial continued to Thursday, January 17, 2019 at 2:00 p.m. Judge: Carey, Hon. Richard J Judge: Carey, Hon. Richard J

Endorsement on Motion to extend tracking deadline(s) to October 18, 2018 (#9.0): ALLOWED Judge: Carey, Hon. Richard J

Rule 9A notice of filing

Rule 9A list of documents filed.

Affidavit of compliance with Superior Court Rule 9A Applies To: Freedom Credit Union (Plaintiff)

Plaintiff Freedom Credit Union's Motion to extend tracking deadline(s)

Pre-Trial ORDER: For good cause, pretrial conference continued to October 18, 2018 at 2:00pm

Notice of voluntary dismissal (41a.l.i) Applies To: Staples, Dennis P (Defendant) ONLY

Service Returned for Defendant Staples, Dennis P: Service made at last and usual;

Service Returned for Defendant Staples, Susan A.: Service made at last and usual;

Received from Defendant Staples, Susan A.: Answer to original complaint;

Case assigned to: DCM Track F - Fast Track was added on 08/21/2015

Civil action cover sheet filed.

Original civil complaint filed.