Taccino et al v. D'Atri et al

Filing 3

MEMORANDUM OPINION. Signed by Judge Richard D. Bennett on 2/23/2017. (Attachments: # 1 State Court Docket Sheet)(c/m 2/23/17 jnls, Deputy Clerk)

Case Information

Page 1 of 8

Circuit Court of Maryland
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Case Information
Court System: Circuit Court for Allegany County - Civil System
Case Number: 01C16043472
Title: Taccino vs Unger, et al
Case Type: Other Civil Filing Date: 02/12/2016
Case Status: Open/Active

Plaintiff/Petitioner Information
(Each Plaintiff/Petitioner is displayed below)
Party Type: Plaintiff Party No.: 1
Name: Taccino, Carol
Address: 402 Pine Ave
City: Cumberland State: MD Zip Code: 21502

Defendant/Respondent Information
(Each Defendant/Respondent is displayed below)
Party Type: Defendant Party No.: 1
Name: Unger, Wayne
Address: 355 Bedford Street
City: Cumberland State: MD Zip Code: 21502

Attorney(s) for the Defendant/Respondent
Name: D'Atri, Esq, Seth B
Appearance Date: 08/17/2016
Practice Name: Trozzo, Lowery, Weston & Rock
Address: 323 Paca Street
City: Cumberland State: MD Zip Code: 21502
Party Type: Defendant Party No.: 2
Name: Unger, Judy
Address: 355 Bedford Street
City: Cumberland State: MD Zip Code: 21502

Attorney(s) for the Defendant/Respondent
Name: D'Atri, Esq, Seth B
Appearance Date: 03/21/2016
Practice Name: Trozzo, Lowery, Weston & Rock
Address: 323 Paca Street
City: Cumberland State: MD Zip Code: 21502
Party Type: Defendant Party No.: 3
Name: Collins, James
Address: 2750 S Cranberry Blvd
City: North Port State: FL Zip Code: 34286

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Case Information

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Court Scheduling Information
Event Type: Motion Hearing (Civil) Notice Date:
Event Date: 06/24/2016 Event Time: 09:30 AM
Result: Held/Concluded Result Date: 06/24/2016
Event Type: Motion Hearing (Civil) Notice Date:
Event Date: 08/12/2016 Event Time: 09:30 AM
Result: Held/Concluded Result Date: 08/12/2016
Event Type: Civil Court Trial Notice Date:
Event Date: 09/30/2016 Event Time: 09:30 AM
Result: Held/Concluded Result Date: 09/30/2016
Event Type: Civil Court Trial Notice Date:
Event Date: 12/02/2016 Event Time: 09:30 AM
Result: Held/Concluded Result Date: 12/02/2016
Event Type: Civil Court Trial Notice Date:
Event Date: 02/17/2017 Event Time: 09:30 AM
Result: Continued Result Date: 02/21/2017

Document Tracking
(Each Document listed. Documents are listed in Document No./Sequence No. order)
Doc No./Seq No.: 1/0
File Date: 02/12/2016 Entered Date: 02/16/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Complaint
Exhibits.
Doc No./Seq No.: 1/1
File Date: 03/18/2016 Entered Date: 03/21/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Answer
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 2/0
File Date: 02/12/2016 Entered Date: 02/16/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Writ of Summons - Civil Issued

Doc No./Seq No.: 3/0
File Date: 02/12/2016 Entered Date: 02/16/2016 Decision:
Party Type: Defendant Party No.: 2
Document Name: Writ of Summons - Civil Issued

Doc No./Seq No.: 4/0
File Date: 02/26/2016 Entered Date: 02/26/2016 Decision:

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Case Information

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Party Type: Defendant Party No.: 1
Document Name: Return of Service - Served
Writ of Summons/U422 served 02/19/16
Doc No./Seq No.: 5/0
File Date: 02/26/2016 Entered Date: 02/26/2016 Decision:
Party Type: Defendant Party No.: 2
Document Name: Return of Service - Served
Writ of Summons/U422 served 02/19/16
Doc No./Seq No.: 6/0
File Date: 03/18/2016 Entered Date: 03/21/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Counter Complaint
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 6/1
File Date: 04/04/2016 Entered Date: 04/05/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Answer

Doc No./Seq No.: 7/0
File Date: 03/23/2016 Entered Date: 03/23/2016 Decision:
Document Name: Scheduling Order Issued
Court trial - (9/30/16 at 9:30 am)
Doc No./Seq No.: 8/0
File Date: 04/04/2016 Entered Date: 04/05/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Motion for Judgment Awarding Possession

Doc No./Seq No.: 8/1
File Date: 04/27/2016 Entered Date: 05/03/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Answer
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 9/0
File Date: 04/04/2016 Entered Date: 04/05/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Motion to Dismiss Counter Complaint

Doc No./Seq No.: 9/1
File Date: 04/27/2016 Entered Date: 05/03/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Answer
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 10/0
File Date: 04/27/2016 Entered Date: 05/03/2016 Decision:
Party Type: Defendant Party No.: 1

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Case Information

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Document Name: Motion for Summary Judgment
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 10/1
File Date: 05/12/2016 Entered Date: 05/13/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Answer

Doc No./Seq No.: 11/0
File Date: 05/04/2016 Entered Date: 05/04/2016 Decision:
Document Name: Confirmation of Trial Assignment Issued
Motion hearing - (6/24/16 at 9:30 am)Court Trial - (9/30/16 at 9:30 am)
Doc No./Seq No.: 12/0
File Date: 05/24/2016 Entered Date: 05/25/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Amended Complaint

Doc No./Seq No.: 12/1
File Date: 12/12/2016 Entered Date: 12/13/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Answer
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 13/0
File Date: 05/25/2016 Entered Date: 05/27/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Amended Complaint to Join Necessary Parties
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 13/1
File Date: 06/08/2016 Entered Date: 06/09/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Answer

Doc No./Seq No.: 13/2
File Date: 06/09/2016 Entered Date: 06/09/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Additional Answer

Doc No./Seq No.: 14/0
File Date: 05/27/2016 Entered Date: 05/27/2016 Decision:
Party Type: Defendant Party No.: 3
Document Name: Writ of Summons - Civil Issued

Doc No./Seq No.: 15/0
File Date: 06/07/2016 Entered Date: 06/07/2016 Decision:
Party Type: Defendant Party No.: 3
Document Name: Return of Service - Served

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Case Information

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Writ of Summons/U422 served 05/31/16
Doc No./Seq No.: 16/0
File Date: 06/09/2016 Entered Date: 06/09/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Motion to Strike Amended Complaint

Doc No./Seq No.: 16/1
File Date: 06/16/2016 Entered Date: 06/17/2016 Decision:
Party Type: Defendant Party No.: 2
Document Name: Answer
Filed by DEF002-Unger, DEF001-Unger
Doc No./Seq No.: 17/0
File Date: 06/24/2016 Entered Date: 06/24/2016 Decision:
Document Name: Hearing Held
Plaintiff present without counsel; defendants present with counsel; Motion for
Possession by plaintiff is dimsissmed as moot; defendant withdraws Motion for
Summary Judgment; case to be reset mid August for remaining motions to allow
Mr. Collins to respond.
Doc No./Seq No.: 18/0
File Date: 06/28/2016 Entered Date: 06/28/2016 Decision:
Document Name: Confirmation of Trial Assignment Issued
Motion hearing - (8/12/16 at 9:30 am)Court Trial - (9/30/16 at 9:30 am)
Doc No./Seq No.: 19/0
File Date: 08/12/2016 Entered Date: 08/12/2016 Decision:
Document Name: Hearing Held
Plaintiff present without Counsel. Defendant's present with Counsel. Statements
placed on the record. Motin to strike is denied.
Doc No./Seq No.: 20/0
File Date: 08/16/2016 Entered Date: 08/17/2016 Decision: Granted
Party Type: Defendant Party No.: 1
Document Name: Motion for Default
Filed by DEF001-Unger, DEF002-Ungerit is ordered this 22nd day of August 2016
that James R Collinsbe joined as a defendant in this matter.Copies mailed on
8/24/16
Doc No./Seq No.: 21/0
File Date: 08/16/2016 Entered Date: 08/17/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Motion for Summary Judgment
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 21/1
File Date: 08/30/2016 Entered Date: 08/31/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Answer
Request for a hearing.
Doc No./Seq No.: 22/0
File Date: 08/19/2016 Entered Date: 08/19/2016 Decision:
Party Type: Plaintiff Party No.: 1

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Case Information

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Document Name: Line - Copy of Exhibit A to Motion for Default

Doc No./Seq No.: 23/0
File Date: 08/30/2016 Entered Date: 08/31/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Motion to Strike Defendants/Counter Plaintiffs' Motion for Summary Judgment

Doc No./Seq No.: 24/0
File Date: 08/30/2016 Entered Date: 08/31/2016 Decision: Granted
Party Type: Plaintiff Party No.: 1
Document Name: Motion for Default Judgment
Copies mailed on 9/2/16
Doc No./Seq No.: 25/0
File Date: 09/01/2016 Entered Date: 09/02/2016 Decision:
Document Name: Order
it is ordered this 1st day of September 2016 that all outstandingmotions are
denied and this matter shall continue in the normalcourse.Copies mailed on
9/2/16
Doc No./Seq No.: 26/0
File Date: 09/30/2016 Entered Date: 09/30/2016 Decision:
Document Name: Hearing Held
Plaintiff's Request for Continuance to be able to obtaincounsel is granted.Matter
to be re set in sixty (60) days.
Doc No./Seq No.: 27/0
File Date: 09/30/2016 Entered Date: 09/30/2016 Decision:
Document Name: Notice of Default Order Issued
Copies mailed on 9/30/16
Doc No./Seq No.: 28/0
File Date: 10/03/2016 Entered Date: 10/03/2016 Decision:
Document Name: Confirmation of Trial Assignment Issued
Court Trial - (12/2/16 at 9:30 am)
Doc No./Seq No.: 29/0
File Date: 10/24/2016 Entered Date: 10/24/2016 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Request for Jury Trial

Doc No./Seq No.: 29/1
File Date: 11/04/2016 Entered Date: 11/07/2016 Decision:
Party Type: Defendant Party No.: 1
Document Name: Answer
Filed by DEF001-Unger, DEF002-Unger
Doc No./Seq No.: 30/0
File Date: 11/09/2016 Entered Date: 11/10/2016 Decision:
Document Name: Order
it is ordered this 9th day of November 2016 that plaintiff/counter defendant's
request for jury trial is hereby deniedper rule 2-325Copies mailed on
11/10/16

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Doc No./Seq No.: 31/0
File Date: 12/02/2016 Entered Date: 12/02/2016 Decision:
Document Name: Hearing Held
Issue joined - Judge FinanMatter continued for sixty (60) days to allow the
defendants, Wayne and Judy Under to file answers to the amended
complaintand to allow the plaintiff, Carol Taccino, to file a motion to reconsider
her motion for jury trial.
Doc No./Seq No.: 32/0
File Date: 12/05/2016 Entered Date: 12/05/2016 Decision:
Document Name: Confirmation of Trial Assignment Issued

Doc No./Seq No.: 33/0
File Date: 12/05/2016 Entered Date: 12/05/2016 Decision:
Document Name: Confirmation of Trial Assignment Issued

Doc No./Seq No.: 34/0
File Date: 12/05/2016 Entered Date: 12/05/2016 Decision:
Document Name: Confirmation of Trial Assignment Issued
Court Trial - (2/17/17 at 9:30 am)
Doc No./Seq No.: 35/0
File Date: 01/11/2017 Entered Date: 01/12/2017 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Second Motion/Request for Jury Trial

Doc No./Seq No.: 36/0
File Date: 02/02/2017 Entered Date: 02/02/2017 Decision:
Party Type: Plaintiff Party No.: 1
Document Name: Plaintiff's/Counter Defendants Motion for Summary Judgment

Doc No./Seq No.: 36/1
File Date: 02/15/2017 Entered Date: 02/16/2017 Decision:
Party Type: Defendant Party No.: 2
Document Name: Answer
Filed by DEF002-Unger, DEF001-Unger
Doc No./Seq No.: 37/0
File Date: 02/17/2017 Entered Date: 02/21/2017 Decision:
Document Name: Hearing Held
Plaintiff present without Counsel. Defendant's present with Counsel. Opening
statements placed on the record. Testimony taken. Court to reschedule to
conclude hearing within 30-60 days.
Doc No./Seq No.: 38/0
File Date: 02/21/2017 Entered Date: 02/21/2017 Decision:
Document Name: Exhibits Filed

Doc No./Seq No.: 39/0
File Date: 02/21/2017 Entered Date: 02/21/2017 Decision:

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Document Name: Exhibits Filed

Doc No./Seq No.: 40/0
File Date: 02/21/2017 Entered Date: 02/21/2017 Decision:
Document Name: Exhibits Filed

Doc No./Seq No.: 41/0
File Date: 02/21/2017 Entered Date: 02/21/2017 Decision:
Document Name: Exhibits Filed

This is an electronic case record. Full case information cannot be made available either because of legal restrictions
on access to case records found in Maryland Rules, or because of the practical difficulties inherent in reducing a
case record into an electronic format.

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