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COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. Superior Court Department
of the Trial Court
Civil Action No. 1780CV00109
HARRIET C. FINKEL and
STEVEN M. FINKEL, ) /
Plaintiffs ) [iaampstine surerion court
v. )
) AUG - 2 2017
MOHAMMED A. SHEIK, a/k/a
Mohammed A. Sheikh ) HAARY JEKANOW:
Defendants 5 CLERK/MAGISTA
PLAINTIFF’S COMPLAINT FOR CONTEMPT
1. The Plaintiffs, Harriet C. Finkel and Steven M. Finkel, husband and wife, are both indi-
viduals currently residing at 450 Amherst Road, South Hadley, Hampshire County, Mas-
sachusetts.
2. The Defendant, Mohammed A. Sheik also known as Mohammed A. Sheikh, whose last
and usual address is 970 Elm Street, West Springfield, Hampden County, Massachusetts
3. The Defendant, Mohammed A. Sheik is the owner of record of the property located at
455-460 Amherst Road, South Hadley, Hampshire County, Massachusetts:
4. On July 26, 2017, this Honorable Court, entered an order for a preliminary injunction
pursuant to MRC.P 65, which prohibited the Defendant from interfering, in any way with
the Plaintiffs’ use of the driveway located off of Pearl Street on the side of the property at
455-460 Amherst Road, South Hadley, Massachusetts for purposes of the Plaintiffs gaining
access to the driveway for ingress and egress from their home and garage located at 450
Amherst Road copy of which is hereto attached and marked as Exhibit “A”. Demand was
duly.made on July 27, 2017 upon Martin C. Lyons, Attorney of record for the Defendant
Page I of 3Mohammed A. Sheik to comply therewith. A copy of said demand is hereto attached and
marked Exhibit “B”.
5. Notwithstanding said demand, the Defendant, Mohammed A. Sheik has neglected and
refused to fully comply with said Court Order for Preliminary Injunction as issued by this
Honorable Court, by failing to remove the barrier, and instead has instructed people to park in
front of the barrier creating a more substantial barrier. (Copies of pictures of the barriers and
the parking are attached hereto as Exhibit “C”).
WHEREFORE, the Plaintiff respectfully requests as follows:
1. That a summons issue to compel the Defendant to show cause why he should not be
adjudged in contempt for failure to comply with the Order of this Court;
2. That the Defendant be ordered to reimburse the Plaintiff for all fees and costs associated
with this Contempt action, including but not limited to Attorney’s fees; and
3. For such other further relief as this Honorable Court may deem just and proper.
We, Harriet C. Finkel and Steven M. Finkel, have read the above Complaint, we have
personal knowledge of the facts contained therein and to the best of my knowledge, information
Hounds tC. dimku
arriet C, Finkel
Steven M. Finkel
and belief, said facts are true.
hat, Tafa
Page 2 of 3The Plaintiffs
Harriet C. Finkel
Steven M. Finkel
PARKER & O’GRADY
124 College Highway
P.O. Box 249
Southampton, MA 01073
(413) 527-8660
(413) 527-6523 (Fax)
BBO # 542243
Date: August 2, 2017
I:/refeasements/finkle/complaintforcontempt
Page 3 of 3EX Hibs ‘ A
CLERK'S NOTICE
DOCKET NUMBER Trial Court of Massachusetts _ @)
1780CV00109 The Superior Court
CASE NAME:
Mohammed A Sheikh
Harriet C Finkel et al vs. Mohammed A Sheik Also Known As
Harry Jekanowski, Jr., Clerk of Courts q
"Francis E Flannery, Esq.
Parker And O'Grady
4124 College Highway
South Hampton, MA 01073
‘COURT NAME & ADDRESS
| Hampshire County Superior Court
15 Gothic Street
P.O. Box 1119
Northampton, MA 01061
‘| referenced docket:
After hearing, the motion is allowed.
You are hereby notified that on 07/26/2017 the following entry was made on the:above
Endorsement oni Motion for a Preliminary Injunction (#3.0): ALLOWED
07/26/2017 Hon. Richard J Carey
“DATE ISSUED ASSOCIATE JUSTICE/ ASSISTANT CLERK ‘SESSION PHONE#
(413)584-5810
‘DoleTie Pniod: 07-28-2017 162935
‘Sevore_xnveaizora_— . DOCKET NUMBER | eee ut nf Maes
ORDER:ROFP PRELIMINARY INJUNCTIO! Trial Court of Massachusetts
ATTEST “ (Mass. R. Civ. P. 6! i
¢ lass. R. Civ. Lh 4780cv00109 The Superior Court
Pie Ret JERR MIS A
CASENAMES:
Hao c Fool oe GSS. MAGEE A Sheik-aiso Known As Mohammed | Harry Jekanowski, Jr., Clerk of Courts
ail
| PARTY(S) ‘WHO IS SUBIECT TO THIS ORDER FOR PRELIMINARY INJUNCTION : ‘COURT NAME. RADORESS
Mohammed A Sheik Also Known As Mohammed A Sheikh Hampshire County Superior Court
>| 15 Gothic Street
P.O, Box 1119
Northampton, MA 01061
Upon the application of
Plaintiff: Finkel, HarrietC and Finkel, M Steven
this action came before Hon. Richard J Carey, J., presiding, and upon actual notice to the parties as
required by Mass. R. Civ. P. 65, and after a hearing and consideration thereof;
Itis ORDERED and ADJUDGED:
That the party(s) named above and their officers, agents, sorvarits,, employees, attorneys and
counselors, and upon those persons in active concert or participation With them, and each and every one
of them are: ,
Prohibiting the: Defendant from interfering, in any way with the: Plaintiffs’ use of the driveway located off of
Pearl Street on the: side of the property at 455-460 Amherst Road, South Hadley, MA for purposes of the
| Plaintiffs gaining access to the driveway for ingress and egress from their home and garage located at
450 Amherst Road,
DATE ISSUED ASSOCIATE JUSTICE, ‘LER j SISTRATEL = T SION PHONE#
| 07/26/2017 Hon. Richard J Carey y : +h JER ks >.
pen ey NA
‘DalaTino Paired: 7202017 16:35:08 TF
‘Sevigs: o7aaT8EMT “6 *
Parker & Wtrady
124 College Highway, BO. Box 249, Southampton, MA 01073-0249
7413) 527-8600 voice (413) 527-6523 fx wwww-parkerandogeady.com
Cheryl A. Parker cparker@parkerandagrady.com
Frank E, Flannery, Of Counsel Hlannery@parketandogrady.com
CERTIFIED MAIL NO. 7016 0340 0000 7275 9726
RETURN RECEIPT REQUESTED
Copy by email to: martine@the-spa.com
July 27, 2017
Martin C. Lyons, Esq. a
1111 Elm Street -
West Springfield, MA 01089
RE: Finkel et als vs. Mohammed A. Sheik
Hampshire County Superior Court Docket no. 17 80CV00109
Dear Attorney Lyons:
Enclosed for your review and information please find the following documentation:
Order for Preliminary Injunction dated July 26, 2017;
Clerk’s Notice of Allowance of the Motion for a Preliminary Injunction;
Memorandum of Lis Pendens as allowed by Judge Carey;
Clerk’s Notice of Endorsement on Motion for a Memorandum of Lis Pendens Allowed.
FeNo
Please instruct your client to immediately remove the obstruction he has placed at the premises. Failure to do so
will cause us to seek a contempt action in this matter.
Your assistaiigésin this regard is appreciated.
Very
Chery! A. Parker, Es
CAP/wo
Enclosures
cc: Harriet Finkel by email only
iUre/easemenets/finkle/lyonseorr
73 Chestnut Surect, Springfield, MA 01103
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COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. Superior Court Department of the Trial Court Civil Action No. 1780CV00109 HARRIET C. FINKEL and STEVEN M. FINKEL, ) / Plaintiffs ) [iaampstine surerion court v. ) ) AUG - 2 2017 MOHAMMED A. SHEIK, a/k/a Mohammed A. Sheikh ) HAARY JEKANOW: Defendants 5 CLERK/MAGISTA PLAINTIFF’S COMPLAINT FOR CONTEMPT 1. The Plaintiffs, Harriet C. Finkel and Steven M. Finkel, husband and wife, are both indi- viduals currently residing at 450 Amherst Road, South Hadley, Hampshire County, Mas- sachusetts. 2. The Defendant, Mohammed A. Sheik also known as Mohammed A. Sheikh, whose last and usual address is 970 Elm Street, West Springfield, Hampden County, Massachusetts 3. The Defendant, Mohammed A. Sheik is the owner of record of the property located at 455-460 Amherst Road, South Hadley, Hampshire County, Massachusetts: 4. On July 26, 2017, this Honorable Court, entered an order for a preliminary injunction pursuant to MRC.P 65, which prohibited the Defendant from interfering, in any way with the Plaintiffs’ use of the driveway located off of Pearl Street on the side of the property at 455-460 Amherst Road, South Hadley, Massachusetts for purposes of the Plaintiffs gaining access to the driveway for ingress and egress from their home and garage located at 450 Amherst Road copy of which is hereto attached and marked as Exhibit “A”. Demand was duly.made on July 27, 2017 upon Martin C. Lyons, Attorney of record for the Defendant Page I of 3Mohammed A. Sheik to comply therewith. A copy of said demand is hereto attached and marked Exhibit “B”. 5. Notwithstanding said demand, the Defendant, Mohammed A. Sheik has neglected and refused to fully comply with said Court Order for Preliminary Injunction as issued by this Honorable Court, by failing to remove the barrier, and instead has instructed people to park in front of the barrier creating a more substantial barrier. (Copies of pictures of the barriers and the parking are attached hereto as Exhibit “C”). WHEREFORE, the Plaintiff respectfully requests as follows: 1. That a summons issue to compel the Defendant to show cause why he should not be adjudged in contempt for failure to comply with the Order of this Court; 2. That the Defendant be ordered to reimburse the Plaintiff for all fees and costs associated with this Contempt action, including but not limited to Attorney’s fees; and 3. For such other further relief as this Honorable Court may deem just and proper. We, Harriet C. Finkel and Steven M. Finkel, have read the above Complaint, we have personal knowledge of the facts contained therein and to the best of my knowledge, information Hounds tC. dimku arriet C, Finkel Steven M. Finkel and belief, said facts are true. hat, Tafa Page 2 of 3The Plaintiffs Harriet C. Finkel Steven M. Finkel PARKER & O’GRADY 124 College Highway P.O. Box 249 Southampton, MA 01073 (413) 527-8660 (413) 527-6523 (Fax) BBO # 542243 Date: August 2, 2017 I:/refeasements/finkle/complaintforcontempt Page 3 of 3EX Hibs ‘ A CLERK'S NOTICE DOCKET NUMBER Trial Court of Massachusetts _ @) 1780CV00109 The Superior Court CASE NAME: Mohammed A Sheikh Harriet C Finkel et al vs. Mohammed A Sheik Also Known As Harry Jekanowski, Jr., Clerk of Courts q "Francis E Flannery, Esq. Parker And O'Grady 4124 College Highway South Hampton, MA 01073 ‘COURT NAME & ADDRESS | Hampshire County Superior Court 15 Gothic Street P.O. Box 1119 Northampton, MA 01061 ‘| referenced docket: After hearing, the motion is allowed. You are hereby notified that on 07/26/2017 the following entry was made on the:above Endorsement oni Motion for a Preliminary Injunction (#3.0): ALLOWED 07/26/2017 Hon. Richard J Carey “DATE ISSUED ASSOCIATE JUSTICE/ ASSISTANT CLERK ‘SESSION PHONE# (413)584-5810 ‘DoleTie Pniod: 07-28-2017 162935 ‘Sevore_xnveaizora_— . DOCKET NUMBER | eee ut nf Maes ORDER:ROFP PRELIMINARY INJUNCTIO! Trial Court of Massachusetts ATTEST “ (Mass. R. Civ. P. 6! i ¢ lass. R. Civ. Lh 4780cv00109 The Superior Court Pie Ret JERR MIS A CASENAMES: Hao c Fool oe GSS. MAGEE A Sheik-aiso Known As Mohammed | Harry Jekanowski, Jr., Clerk of Courts ail | PARTY(S) ‘WHO IS SUBIECT TO THIS ORDER FOR PRELIMINARY INJUNCTION : ‘COURT NAME. RADORESS Mohammed A Sheik Also Known As Mohammed A Sheikh Hampshire County Superior Court >| 15 Gothic Street P.O, Box 1119 Northampton, MA 01061 Upon the application of Plaintiff: Finkel, HarrietC and Finkel, M Steven this action came before Hon. Richard J Carey, J., presiding, and upon actual notice to the parties as required by Mass. R. Civ. P. 65, and after a hearing and consideration thereof; Itis ORDERED and ADJUDGED: That the party(s) named above and their officers, agents, sorvarits,, employees, attorneys and counselors, and upon those persons in active concert or participation With them, and each and every one of them are: , Prohibiting the: Defendant from interfering, in any way with the: Plaintiffs’ use of the driveway located off of Pearl Street on the: side of the property at 455-460 Amherst Road, South Hadley, MA for purposes of the | Plaintiffs gaining access to the driveway for ingress and egress from their home and garage located at 450 Amherst Road, DATE ISSUED ASSOCIATE JUSTICE, ‘LER j SISTRATEL = T SION PHONE# | 07/26/2017 Hon. Richard J Carey y : +h JER ks >. pen ey NA ‘DalaTino Paired: 7202017 16:35:08 TF ‘Sevigs: o7aaT8EMT “6 * Parker & Wtrady 124 College Highway, BO. Box 249, Southampton, MA 01073-0249 7413) 527-8600 voice (413) 527-6523 fx wwww-parkerandogeady.com Cheryl A. Parker cparker@parkerandagrady.com Frank E, Flannery, Of Counsel Hlannery@parketandogrady.com CERTIFIED MAIL NO. 7016 0340 0000 7275 9726 RETURN RECEIPT REQUESTED Copy by email to: martine@the-spa.com July 27, 2017 Martin C. Lyons, Esq. a 1111 Elm Street - West Springfield, MA 01089 RE: Finkel et als vs. Mohammed A. Sheik Hampshire County Superior Court Docket no. 17 80CV00109 Dear Attorney Lyons: Enclosed for your review and information please find the following documentation: Order for Preliminary Injunction dated July 26, 2017; Clerk’s Notice of Allowance of the Motion for a Preliminary Injunction; Memorandum of Lis Pendens as allowed by Judge Carey; Clerk’s Notice of Endorsement on Motion for a Memorandum of Lis Pendens Allowed. FeNo Please instruct your client to immediately remove the obstruction he has placed at the premises. Failure to do so will cause us to seek a contempt action in this matter. Your assistaiigésin this regard is appreciated. Very Chery! A. Parker, Es CAP/wo Enclosures cc: Harriet Finkel by email only iUre/easemenets/finkle/lyonseorr 73 Chestnut Surect, Springfield, MA 01103