Court Case Record PAMELA NICHOLLS vs. MAXINMUM MORTGAGE CONCEPTS, INC. & another 2013-P-0386


Court Case Number: 2013-P-0386

Case Number2013-P-0386
Case TypeCivil
StateMassachusetts, MA
CourtSuffolk Superior Court
Court Address
Field Date06/06/2007
Close Date03/25/2014


James E. Small, Jr., Esquire Withdrawn Karen E. Wier, EsquirePamela NichollsPlaintiff/Appellant
Michael Strojny, EsquireMaxinmum Mortgage Concepts, Inc.Defendant/Appellee
Michael Strojny, Esquire Joseph Edward Nealon, EsquireKorey WelchDefendant/Appellee
Entry Date Paper Entry Text
03/05/2013 #1 Entered.
03/05/2013 #2 Notice of entry sent.
03/05/2013 #3 Affidavit of Indigency (IMPOUNDED) and Motion to Waive entry fee, filed by Pamela Nicholls. The Motion to Waive entry fee is allowed conditionally, subject to review by the single justice. This appeal is now docketed for purposes of Mass. R. A. P. 19(a), which requires the appellant to serve and file the appeals brief and record appendix within the next forty days. Notice Sent.
03/19/2013 #4 ORDER REGARDING APPELLANT'S MOTION TO WAIVE ENTRY FEE. The appellant in the above-captioned action has filed a Motion to Waive entry fee. To complete review of the Motion, the court requires the following: Affidavit of Indigency signed by the appellant. It is noted that the applicable poverty guidelines for a family of two is $19,387.50 . The required document(s) shall be filed within fourteen (14) days of the date of this order and shall be delivered or mailed to: APPEALS COURT CLERK'S OFFICE, JOHN ADAMS COURTHOUSE, ONE PEMBERTON SQUARE, ROOM 1200, BOSTON, MA. 02108. The appellant's brief and record appendix remain due in this court on or before 04/16/2013. Notice Sent.
04/01/2013 #5 Affidavit of Indigency, filed by Pamela Nicholls.
04/11/2013 #6 RE#4: Although appellant has moved to docket her appeal with waiver of the fee, the affidavit filed shows that her income is above the Supreme Judicial Court's Poverty Guidelines for Affidavits of Indigency applicable under G. L. c. 261, § 27A. Accordingly, the motion to waive is denied without prejudice to reconsideration after a hearing, to be held on April 23, 2013 at 10:00 a.m., in Courtroom 4, before the single justice. In the alternative, appellant is granted leave to enter her appeal on or before noon on April 22, 2013 on the payment of the required $300 entry fee. (Green, J.). *Notice.
04/11/2013 #7 Notice to counsel for hearing before Judge Green on 4/23/13 @ 10:00 A.M., in Courtroom 4.
04/16/2013 #8 MOTION to extend brief & appendix due date, filed by Pamela Nicholls.
04/23/2013 #9 Hearing held.
04/23/2013 #10 Motion to reconsider, filed by Pamela Nicholls.
04/23/2013 #11 Appearance of James E. Small, Jr., Esquire for Pamela Nicholls.
04/23/2013 #12 ORDER: After a hearing, the Motion to Waive entry fee is denied with respect to the entry fee indicated in the application because the applicant is not indigent within the meaning of G. L. c. 261, § 27A. The applicant may pay the fee required within seven (7) days of this notice or may appeal this denial by filing a notice of appeal with the clerk of this court within seven (7) days from the date of this notice. (Green, J.). Notice Sent.
04/24/2013 #13 RE#6: On reconsideration, Appellant shall be allowed to submit the $300 entry fee in three equal installments of $100 each on or before May 1, June 3, and July 1, 2013, respectively. Failure to pay any of the required installments on or before the specified date shall result in the dismissal of this appeal. The foregoing order shall affect timing of the payment of the entry fee only and shall not otherwise affect the briefing schedule. While Appellant's brief and appendix was due on April 16, 2013 and is now overdue, given the pendency of the motion to waive, Appellant is granted an enlargement of time to May 1, 2013 to file her brief and appendix. (Green, J.). Notice
05/02/2013 #14 MOTION to extend brief & appendix due date, filed by Pamela Nicholls.
05/02/2013 #15 RE#9: Extension to 05/16/2013 granted for filing of brief of Pamela Nicholls, Plaintiff/Appellant. Notice to counsel.
05/02/2013 #16 Additional docket fee in the amount of $100 received from Pamela Nicholls.
05/03/2013 #17 RE#5: No action necessary. See action on paper #9. *Notice.
05/21/2013 #18 Notice preceding dismissal: Standing Order Governing Dismissals for Lack of Prosecution.
06/03/2013 Additional docket fee in the amount of $100 received from James E. Small, Jr., Esquire.
06/03/2013 MOTION to extend brief & appendix due date, filed by Pamela Nicholls.
06/04/2013 RE#12: Allowed to 06/24/13. Notice
06/27/2013 Request for leave to file brief late, filed by Pamela Nicholls.