ELIZABETH A. FORESTA, RITA C. PAOLINI, THOMAS R. PREVITE, and JOSEPH A. PREVITE v. PETER J. PREVITE and FRANK STAVRIANOPOULIS, as he is Trustee of 87 Gray Street Trust and not individually.
FOSTER, J.
Elizabeth A. Foresta, Rita C. Paolini, and Thomas A. Previte filed their original complaint on February 12, 2013. A case management conference was held on March 21, 2013. The plaintiffs Elizabeth A. Foresta, Rita C. Paolini, Thomas R. Previte, and Joseph A. Previte filed their amended complaint on April 16, 2013 (amended complaint). The amended complaint seeks a declaration that the real property located at 112 Atlantic Avenue, Hull, Massachusetts is held as tenants in common by the plaintiffs and seeks partition of the property. The default of defendant Peter J. Previte was entered on June 6, 2013. The defendant Frank Stavrianopoulis, as he is Trustee of 87 Gray Street Trust (Trustee), filed his Motion for Summary Judgment on October 3, 2013. The plaintiffs filed the Cross Motion of Plaintiffs, Elizabeth A. Foresta, Rita C. Paolini, & Thomas R. Previte, for Summary Judgment on November 7, 2013.
The parties cross-motions for summary judgment came on to be heard on December 6, 2013. On October 14, 2014, the default of defendant Peter J. Previte was lifted. In a decision of even date, the court (Foster, J.) has allowed the Trustees Motion for Summary Judgment and denied the Cross Motion of Plaintiffs, Elizabeth A. Foresta, Rita C. Paolini, & Thomas R. Previte, for Summary Judgment.
In accordance with the courts decision issued today, it is
ORDERED, ADJUDGED, and DECLARED that title to the real property known and numbered as 112 Atlantic Avenue, Hull, Massachusetts (Property), is held by Frank Stavrianopoulis, as Trustee of the 87 Gray Street Trust under a Declaration of Trust recorded in the Middlesex South Registry of Deeds at Book 13038, Page 672, on August 17, 1976, by a quitclaim deed from Peter R. Previte, dated August 16, 1976, and recorded in the Plymouth Registry of Deeds at Book 4190, Page 678, on August, 19, 1976. It is further
ORDERED AND ADJUDGED that plaintiffs amended complaint is DISMISSED with prejudice.
By the Court.