Court Case Record WELLS FARGO BANK vs. DEBRA MCCARTHY & another 2018-J-0097 UID(3010)

WELLS FARGO BANK vs. DEBRA MCCARTHY & another Court Case Record

Court Case Number: 2018-J-0097

Case Number2018-J-0097
Case TypeCivil
StateMassachusetts, MA
CountyCentral Housing
CourtCentral Housing Court
Court Address
Field Date03/06/2018
Close Date04/03/2018


Robert Durant, Esquire Steven Michael Stoehr, Esquire Sogol Irene Plagany, EsquireWells Fargo Bank Plaintiff/Respondent
Debra McCarthy Pro Se Defendant/Petitioner
James Crotty Pro Se Defendant
Entry Date Paper Entry Text
03/06/2018 #1 Appeal entered pursuant to M.G.L.c. 239, ยง 5 with attachments.
03/06/2018 Telephone notice to counsel and self-represented parties for hearing before Agnes, J. on Tuesday, March 13, 2018 at 10:45 A.M. in Court Room 4
03/12/2018 ORDER: The hearing before Agnes, J. scheduled for March 13, 2018 is hereby postponed to Tuesday, March 20, 2018 at 11:45 a.m. in court room 4. *Notice.
03/12/2018 Telephone notice to counsel for hearing before Agnes, J. on 3/20/18 at 11:45 A.M. in Courtroom 4
03/20/2018 Hearing held.
03/20/2018 #2 Appearance of Attorney Robert Durant for Wells Fargo Bank.
03/20/2018 #3 Appearance of Debra McCarthy, Pro Se Defendant/Petitioner.
03/20/2018 ORDER: Based on the record before me, and after a hearing at which both parties appeared, the order of the Housing Court setting the appeal bond at $7,000.00 and ordering the defendant to make periodic payments of $1,000.00 for the monthly use and occupancy of the premises pending appeal, is affirmed. (Agnes, J.). *Notice/Attest/Horan, J.
03/26/2018 #4 Appendix (Exhibits to motion to reconsider) filed by Debra McCarthy.
03/26/2018 #5 Motion to reconsider filed by Debra McCarthy.
03/27/2018 RE#5: Denied. (Agnes, J.) *Notice/Attest/Horan, J.
04/02/2018 #6 Notice of appeal filed by Debra McCarthy.
04/03/2018 ORDER: There is no right of appeal from the single justice's orders of 3/20/18 and 3/27/18. Two possible avenues of review are open to the defendant: (1) comply with the terms of the appeal bond in order to obtain full appellate review from a panel of the Appeals Court or (2) allow the appeal to be dismissed and pursue limited appellate review of the bond issue. G. L. c. 239, sec. 5(h). See Matter of an Appeal Bond (No. 1), 428 Mass. 1013 (1998); Ford v. Braman, 30 Mass. App. Ct. 968, 970 (1991) (noting speedy procedure contemplated by the Legislature). Accordingly, the notice of appeal is struck. (Maldonado, J.) *Notice/Attest