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Court Case Record 75 SOUTH STREET, LLC vs. JOSEPH TOMASSO 2012-J-0362 UID(99f4)


75 SOUTH STREET, LLC vs. JOSEPH TOMASSO Court Case Record

Court Case Number: 2012-J-0362


 
Case Number2012-J-0362
Case Title75 SOUTH STREET, LLC vs. JOSEPH TOMASSO
Case TypeCivil
StateMassachusetts, MA
CountyHousing Ct, Worcester Cty
CourtHousing Ct, Worcester Cty
Court Address
Phone
Field Date10/01/2012
Close Date10/23/2012

Parties

CounselNameType
Joseph TomassoPro Se Defendant/Petitioner
Mark S. Tilden, Esquire75 South Street, LLCPlaintiff/Respondent
DOCKET ENTRIES
Entry Date Paper Entry Text
10/01/2012 #1 Appeal entered pursuant to M.G.L.c. 239, § 5 with attachments. ^
10/03/2012 #2 Telephone & paper notice to parties for hearing before Sullivan, J. on 10/11/12 @ 2:30 P.M., in Courtroom 4
10/09/2012 #3 Affidavit in opposition to defendant's request for review of orders relating to appeal bond, received from Linda Willis.^
10/09/2012 #4 Affidavit in opposition to defendant's request for review of orders relating to appeal bond, received from Bill Wright.^
10/10/2012 #5 Hearing rescheduled to 10/19/12 @ 3:00 P.M., in Courtroom 3 before Sullivan, J. Telephone & paper notice sent to parties.
10/10/2012 #6 Copy of trial court docket, received from Worcester Cty Housing Ct.
10/19/2012 Hearing held.
10/19/2012 Appearance of Attorney Mark S. Tilden for 75 South Street, LLC.
10/23/2012 ORDER: The defendant tenant, Joseph Tomasso, has appealed a decision of the Housing Court, in which the court denied his motion to waive appeal bond. The judge entered findings pursuant to G. L. c. 239, § 5, in which he concluded that the defendant was indigent as provided in G. L. c. 261, § 27A, but that the defendant had failed to establish, pursuant to G. L. c. 239, § 5 (e), a non-frivolous defense to the plaintiff's summary process action against him. Following a review of submissions to this court, including the findings of fact, rulings of law and order for judgment entered by the trial judge, as well as the order on the defendant's motion to waive appeal bond, and after a hearing at which both parties were given notice, but the defendant failed to appear, I discern that the defendant has failed to demonstrate that he has a defense that is not frivolous within the meaning of G. L. c. 239, § 5(e). Accordingly, the order of the Housing Court denying the defendant's motion to waive appeal bond is affirmed, for the reason that the defendant has failed to establish that he has a defense within the meaning of G. L. c. 239, § 5(e). So ordered. (Sullivan, J.) *Notice/Attest/Timothy F. Sullivan, J.