Home JOSEPH M. SOSCIA v. DCB WELDING AND FABRICATION, INC., JOHN DOE, as Trustee of the SOMANGO NOMINEE TRUST.

MISC 15-000260

June 29, 2016

Middlesex, ss.

SPEICHER, J.

JUDGMENT

This action commenced on July 9, 2015, as an action in which the plaintiff seeks to quiet title and seeks a declaratory judgment with respect to rights to property at 8 Harding Avenue, Malden, Middlesex County (the “Property”). The case came on for trial by the court (Speicher, J.). In a decision of even date, the court has made findings of fact and rulings of law. In accordance with the court’s decision, it is

ORDERED and ADJUDGED that on Count I of the Verified Complaint (“Quiet Title”), judgment is hereby entered for the plaintiff, and plaintiff is hereby declared to have good, clear and marketable title to the Property free of any claim to right, title or interest by the defendant DCB Welding and Fabrication, Inc., or the defendant trustee of Somango Nominee Trust, or their respective principals, shareholders, beneficiaries, successors in interest, officers, and others claiming rights by, through or under them; and it is further

ORDERED, ADJUDGED and DECLARED that on Count II of the Verified Complaint (“Declaratory Judgment”), it is hereby declared that the defendant DCB Welding and Fabrication, Inc., and the defendant trustee of Somango Nominee Trust, and their respective principals, shareholders, beneficiaries, successors in interest, officers, and others claiming rights by, through or under them, do not have any right, title or interest in the Property; and it is further

ORDERED and ADJUDGED that the defendant DCB Welding & Fabrication, Inc., and its principals, agents, officers, representatives, employees, contractors, and others acting in concert with it or otherwise having actual knowledge of this Order, are hereby PERMANENTLY ENJOINED and RESTRAINED from occupying, selling, conveying, alienating, mortgaging, encumbering, or in any way disposing of any right, title or interest they may claim they have in the property located at and known as 8 Harding Avenue, Malden, Massachusetts, and from interfering with the plaintiff’s occupancy of said Property; and it is further

ORDERED that today’s decision, and this Judgment issued pursuant thereto, dispose of this entire case; the court has adjudicated or dismissed all claims by all parties in this action and has not reserved decision on any claim or defense; and it is further

ORDERED that the court has not adjudicated the right, title, or interest, in and to the Property, of or as to any person or entity who (i) is not an individually-named party to this proceeding, or (ii) does not hold his, her, or its interest in said property by, through or under an individually-named party to this proceeding; and it is further

ORDERED that after payment of all applicable fees, a certified copy of this Judgment may be recorded with the Middlesex South District Registry of Deeds with appropriate marginal references; and it is further

ORDERED that no costs, fees, damages or other amounts are awarded to any party.

By the Court