MISC 14-483415

December 28, 2015

Essex, ss.



Ralph Cerundolo (Cerundolo), filed his Verified Complaint and Application for Preliminary Injunction on May 1, 2014, naming as defendants Douglas R. Mackey and Hilary S. Mackey and naming Wendy C. Philbrick as mortgage holder/interested party. The Mackeys own the property known and numbered as 14 Beach Street, Beverly, Massachusetts, by a deed dated December 23, 2011 and recorded in the Essex South Registry of Deeds (registry) at Book 30966, Page 470, and shown as lots 38B, 38C, 39C, and 40A on the inset on the plan entitled “Plan of Land in Beverly, MA. Essex South Registry of Deeds Showing: Lots A & B and Parcel 1 #100 & #104 West Street Prepared for: Robert R. Realty Trust Corey & Donahue, Inc. Engineers and Surveyors 198 Cambridge Rd. Woburn, MA.” dated April 5, 1991, revised August 29, 2005 and April 27, 2006, and recorded in the registry at Plan Book 398, Plan 46 (Property). In the Verified Complaint, Cerundolo seeks a judgment establishing title by adverse possession to a portion of the Property and a preliminary and permanent injunction enjoining the defendants from interfering with his use of this land. The defendants Douglas R. Mackey and Hilary S. Mackey filed their Answer and Counterclaim on June 13, 2014, seeking a judgment dismissing the verified complaint and permanently enjoining Cerundolo from erecting or maintaining any structure on or otherwise trespassing upon the Property. Cerundolo filed his Answer to Counterclaim on June 17, 2014.

This case came on for trial by the court (Foster, J.), which, in a decision of even date, has made findings of fact and rulings of law.

In accordance with the court’s decision issued today, it is

ORDERED AND ADJUDGED that the Verified Complaint is DISMISSED with prejudice. It is further

ORDERED, ADJUDGED and DECLARED that, on the defendants’ counterclaim, Cerundolo is engaged in a continuing trespass on the Property. It is further

ORDERED and ADJUDGED that defendant-in-counterclaim Ralph Cerundolo is hereby ordered to remove from the Property, no later than 45 days from the date of this judgment, all furniture, paving, ovens, grape arbors, and other material objects and plants. It is further

ORDERED and ADJUDGED that after 45 days from the date of this judgment, defendant-in-counterclaim Ralph Cerundolo and his agents, employees, tenants, and all those acting on his behalf are hereby permanently enjoined from entering upon the Property.

By the Court.