Preview
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14.
RECEIVED: 10/20/2021 and filed 10/21/2021
COMMONWEALTH OF MASSACHUSETTS
~~
NORFOLK, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 1082CV02199
dO}
MATORIN LAW OFFICE, LLC,
Plaintiff, EMERGENCY EX PARTE a
Vv.
MOTION FOR ISSUANCE OF
ALIAS EXECUTION
CHODOS, INC., and Bo 1
LEIGH CHODOS,
Defendants.
Plaintiff, Matorin Law Office, LLC, respectfully moves for issuance of an alias 25 A >
Wa
execution in this matter. In support hereof, Plaintiff states as follows:
1) On July 26, 2011, this Court entered judgment on the complaint in favor of Plaintiff and 2 =
against Defendants. (Dkt. 18). oa
emoteSs
2) On August 30, 2011, this Court issued an execution in the amount of $256,912.35,
inclusive of judgment, attorney fees, costs, and interest to-date. (Dkt. 19.) Ly So
§ ss
a Fre
3) On September 2, 2011, the Norfolk Country Sheriff levied upon certain real estate owned HK 2 5}
by Defendant Chodos in Brookline, MA pursuant to this Court’s execution (“the Levied Qe
> s
Property”). This levy was recorded in the Norfolk County Land Court on September 2, =S_ 7 Ww
> ms
2011, at Document No. 1,233,180. The levy was suspended. A true and correct copy of & & >»
the levy and execution are attached hereto as Exhibit A. =o
4) Since the issuance of the judgment, execution, and the levying upon the Levied Property, a
— ob
SV
Defendants have not paid any amounts toward the judgment.
Ee
5) On May 16, 2017, this Court’s execution was timely carried forward via a Request to 2
Carry Forward recorded in the Land Court at Document 1,378,199. A true and correct
aPm|
copy of the Request to Carry Forward is attached hereto as Exhibit B.
eS
a
14
1
6) The Norfolk County Sheriff is now in the process of levying and selling the Levied
Property. The sale has been properly noticed by the Sheriff to Defendants and has been
published according to law.
1) The sale of the Levied Property is presently scheduled for October 22, 2021.
8) In order to proceed with the sale, the Norfolk County Sheriff requires an original
execution issued by this Court.
9) Plaintiff believed that its prior counsel in this matter had retained the original execution
but was just informed that the original was deposited with the Land Court in 2011.
10) Accordingly, in order to proceed with the sale, the Norfolk Country Sheriff has required
Plaintiff to obtain an alias execution that must be provided to the Sheriff no later than
October 22, 2021.
11) Given the extremely short time frame, the purely administrative nature of the requested
relief, the fact that Plaintiff just learned that its prior counsel no longer has the original
execution issued by this Court and the fact that Defendants were properly notified of the
Sheriff's intent to levy and sell the Levied Property, Plaintiff appropriately seeks ex parte
relief on an emergency basis.
CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that this Court issue an alias
execution so that the Norfolk County Sheriff may proceed with the levy and sale in satisfaction
i,
of this Court’s judgment.
i
i]
Respectfully submitted,
MATORIN LAW OFFICE, LLC
By its attorney,
/s/ Mitchell J. Matorin
Mitchell J. Matorin, Esq. (BBO# 649304)
MATORIN LAW OFFICE, LLC
18 Grove Street, Suite 5
Wellesley, MA 02482
(781) 453-0100
mmatorin@matorinlaw.com
Attorney for Plaintiff
DATED: October 20, 2021
{1
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Docels2339189 19-02-2014 ael4
Norfolk Counts Land Court
Couentye of Nope.
e NOT fa
AN
e
OF FI ISHERIFF’S DEPAREMENT I A L
co P Y Division of Civil Pragegs p y
2015 Washington Street ae
P.O. Box 859215
Michael G. Bellotti Braintree, MA 02185-9215 Jeffrey J. Nourse
Sherif Tel. (781) 326-1787 * Fax (781) 326-0288 Deputy Superintendent
Date: 9/2/2011 Time: 8:39AM
Plaintiff: Matorin Law Office, LLC
Plaintiff's Attorney: Taylor Law Office
Attorney's telephone number: (781)438-7100
' Defendant: Leigh Chodos
Certificate: C34-37
Book: Page:
Court of Issue: NORFOLK (SUPERIOR) Execution # 10-2199
cts theneon erected, situate, lying and being
os oe ee cl of role et 9
aa follows:
tate, ‘of Massackmsetts, bounded end
at 100 Marion Street, BrooNi
Unit”) ne, Norfolk County,
Cendosintum Unit No 4 ine knownas 100 Mario n Street Condominium (the
Massachusetts,
on Street, Brookline, Norfolk County, filed with the
“Condominium"), sina of 100at Maried
“Maste r Deed” my dated Decem ber 10, , 1978,
the Master Deed (the No, 400724, on certificate C34
created
of the Land Court as Document
Norfolk Registry District ‘The eet ni oted
3.64 0% interest in the
is conveyed together with en undiv ided
amended. Unit
in Book34, of Unit Owners known 3s 100 Marion Street Condom
as inium. Trust (tre “Unit
cei dated December 10, 1979 and filed with said
Owners Organiization”) created by noted on corti ate C34 in Book " 34, 03
Regiory Districts: Posurasat No. 40072 with extixl Ve Use ot fary ape
Executed as a scaled instrament this day of Maret, 2004.
By virtue of the attached execution, the original of which is in my hands for the purpose of
taking the above described real estate, | have this day levied upon, seized and taken all right,
title and interest that the within named Judgment Debtor had in such real estate in Norfolk
County.
Attached is a true copy of this exe cution on the above so much of my return as relates to the
levying upon, seizure, and taking of this real estate on the execution.
eputy Sheriff
Jacket: 11017236
Visit us at www.norfolkcivil.com
Frankt, HoLsroox, Meorie.o, Meoway,
SERVING THE COMMUNITIES OF; AVON, BELLINGHAM, BRAINTREE, BROOKLINE, CANTON, COHASSET, DeoHaM, Dover, Foxsorouch,
WelLeste’ y, Westwooo, WeysourH, Waenrsan
Wa.pote,
Mus, Miron, Necouau, Norrouk, Norwooo, Praiwvitte, Quincy, Ranpotert, SHARON, Sroueuron,
@Q rr on eres ee
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Vy
LS NOT NOT
CoMMONWEALTH OF MASS, ACHUSEYTS
Fic ° FICIAL
NORFOLK. ss.
PY
To the Sheriffs of our Sev@ral Counties, or their Depufie?
40-2199 GREETINGS:
WHEREAS MATORIN LAW OFFICE, LLC
By the consideration of our JUSTICES OF OUR SUPERIOR
COURT holden at Dedham within and for the County of Norfolk, aforesaid, on the 26th !
day of July, 2011 recovered judgment against CHODOS, INC. fka SEVEN OAKS
PRODUCTIONS, INC. and LEIGH CHODOS
In an action of Contract
damage , 250,958.80
cost 375.00
atty fees 2,703.73
Interest 2,874.82
256,912.35
for the sum of two hundred fifty thousand nine hundred fifty eight dollars and
eighty cents, damage, costs in the sum of three hundred seventy five dollars. attorney fees
in the sum of two thousand seven hundred three dollars and seventy three cents, with Hy
interest to date of this execution in the sum of two thousand eight hundred seventy four
dollars and eighty two cents, as to us appears of record, wherefore execution remains to be
done WE COMMAND you therefore that of the goods, chattels or lands of the said
Judgment debtor within your precinct, you cause to be paid and satisfied unto the said
Judgment creditor at the value thereof in money, the aforesaid sums being two hundred
fifty six thousand nine hundred twelve dollars and thirty five cents in the whole, and
thereof also to satisfy yourself for your own fees aforesaid the full sum above mentioned,
with your fees, or be discharged by said Judgment creditor, or otherwise by order of law.
Hereof fail not, and make return of this writ with your doings thereon into the Clerk's |!
office of our said COURT, at Dedham within our County of Norfolk within twenty years
after the date of the said judgment,
_ WHT NESS; Barbara J: Rowse, Esquire at Dedham thé 30" day of August, in the year of
our Lord two thousand and eleven
Phil A. Taylor, Esq.
Taylor Law office
2 Main Street
Suite 320 1
Stoneham, MA 02180
|
UE COPY, ATTEST:
EPUTY SHERIFF
ATE 1/2. uf
hi
it
oa
Docilr3S732199 O5-16-2017 12:09
Norfolk Counts Land Court
| MATORIN yLAW OFFICE, Luc NogT
AN AN
OFFICIAL OFFICIAL
COPY COPY
May 10, 2017
Recorder of the Land Court Register of Deeds
Norfolk County Norfolk County
649 High Street 649 High Street
Dedham, MA 02026 Dedham, MA 02026
TO: The Recorder of the Land Court and the Register of Deeds for Norfolk County
REQUEST TO CARRY FORWARD LEVY OF EXECUTION
In accordance with Mass. G.L. Ch. 236, §49A, the levy of the execution on the real estate
of Leigh Chodos, Defendant, in said county, made on the 2"4 day of September, 2011, in an
action commenced in the Norfolk County Superior Court by Matorin Law Office, LLC,
Plaintiff, against Chodos, Inc., f/k/a Seven Oaks Productions, Inc. and Leigh Chodos,
Defendants, recorded at Doc: 1,233,189 is to be carried forward and note to that effect made
in the appropriate record books in your office,
Se
THEPI INTIFE. QA
B DL ee BOE
Miteheyt4. ‘Matorin (BBO# 6493.04)
COMMONWEALTH OF MASSACHUSETTS
Norfolk, ss,
On this 11" day of May, 2017, before me, the undersigned notary public, personally
appeared Mitchell J, Matorin and proved to me through satisfactory evidence of identification or
who were known to me to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its stated purpose.
gtr
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on NisiL 24
“ cat Ss
Notary wy
My commission expires:7! 2} & =
4% 5
(Seal) ARY,
iN
rinlaw.com
18 Grove Street | Suite 2 | Wellesley, MA | 02482 | tel: 781.453.0100 | fax: 888.628.6746 | mjm@mato
Preview
i ' 14. RECEIVED: 10/20/2021 and filed 10/21/2021 COMMONWEALTH OF MASSACHUSETTS ~~ NORFOLK, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 1082CV02199 dO} MATORIN LAW OFFICE, LLC, Plaintiff, EMERGENCY EX PARTE a Vv. MOTION FOR ISSUANCE OF ALIAS EXECUTION CHODOS, INC., and Bo 1 LEIGH CHODOS, Defendants. Plaintiff, Matorin Law Office, LLC, respectfully moves for issuance of an alias 25 A > Wa execution in this matter. In support hereof, Plaintiff states as follows: 1) On July 26, 2011, this Court entered judgment on the complaint in favor of Plaintiff and 2 = against Defendants. (Dkt. 18). oa emoteSs 2) On August 30, 2011, this Court issued an execution in the amount of $256,912.35, inclusive of judgment, attorney fees, costs, and interest to-date. (Dkt. 19.) Ly So § ss a Fre 3) On September 2, 2011, the Norfolk Country Sheriff levied upon certain real estate owned HK 2 5} by Defendant Chodos in Brookline, MA pursuant to this Court’s execution (“the Levied Qe > s Property”). This levy was recorded in the Norfolk County Land Court on September 2, =S_ 7 Ww > ms 2011, at Document No. 1,233,180. The levy was suspended. A true and correct copy of & & >» the levy and execution are attached hereto as Exhibit A. =o 4) Since the issuance of the judgment, execution, and the levying upon the Levied Property, a — ob SV Defendants have not paid any amounts toward the judgment. Ee 5) On May 16, 2017, this Court’s execution was timely carried forward via a Request to 2 Carry Forward recorded in the Land Court at Document 1,378,199. A true and correct aPm| copy of the Request to Carry Forward is attached hereto as Exhibit B. eS a 14 1 6) The Norfolk County Sheriff is now in the process of levying and selling the Levied Property. The sale has been properly noticed by the Sheriff to Defendants and has been published according to law. 1) The sale of the Levied Property is presently scheduled for October 22, 2021. 8) In order to proceed with the sale, the Norfolk County Sheriff requires an original execution issued by this Court. 9) Plaintiff believed that its prior counsel in this matter had retained the original execution but was just informed that the original was deposited with the Land Court in 2011. 10) Accordingly, in order to proceed with the sale, the Norfolk Country Sheriff has required Plaintiff to obtain an alias execution that must be provided to the Sheriff no later than October 22, 2021. 11) Given the extremely short time frame, the purely administrative nature of the requested relief, the fact that Plaintiff just learned that its prior counsel no longer has the original execution issued by this Court and the fact that Defendants were properly notified of the Sheriff's intent to levy and sell the Levied Property, Plaintiff appropriately seeks ex parte relief on an emergency basis. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests that this Court issue an alias execution so that the Norfolk County Sheriff may proceed with the levy and sale in satisfaction i, of this Court’s judgment. i i] Respectfully submitted, MATORIN LAW OFFICE, LLC By its attorney, /s/ Mitchell J. Matorin Mitchell J. Matorin, Esq. (BBO# 649304) MATORIN LAW OFFICE, LLC 18 Grove Street, Suite 5 Wellesley, MA 02482 (781) 453-0100 mmatorin@matorinlaw.com Attorney for Plaintiff DATED: October 20, 2021 {1 | i | 1 i i Docels2339189 19-02-2014 ael4 Norfolk Counts Land Court Couentye of Nope. e NOT fa AN e OF FI ISHERIFF’S DEPAREMENT I A L co P Y Division of Civil Pragegs p y 2015 Washington Street ae P.O. Box 859215 Michael G. Bellotti Braintree, MA 02185-9215 Jeffrey J. Nourse Sherif Tel. (781) 326-1787 * Fax (781) 326-0288 Deputy Superintendent Date: 9/2/2011 Time: 8:39AM Plaintiff: Matorin Law Office, LLC Plaintiff's Attorney: Taylor Law Office Attorney's telephone number: (781)438-7100 ' Defendant: Leigh Chodos Certificate: C34-37 Book: Page: Court of Issue: NORFOLK (SUPERIOR) Execution # 10-2199 cts theneon erected, situate, lying and being os oe ee cl of role et 9 aa follows: tate, ‘of Massackmsetts, bounded end at 100 Marion Street, BrooNi Unit”) ne, Norfolk County, Cendosintum Unit No 4 ine knownas 100 Mario n Street Condominium (the Massachusetts, on Street, Brookline, Norfolk County, filed with the “Condominium"), sina of 100at Maried “Maste r Deed” my dated Decem ber 10, , 1978, the Master Deed (the No, 400724, on certificate C34 created of the Land Court as Document Norfolk Registry District ‘The eet ni oted 3.64 0% interest in the is conveyed together with en undiv ided amended. Unit in Book34, of Unit Owners known 3s 100 Marion Street Condom as inium. Trust (tre “Unit cei dated December 10, 1979 and filed with said Owners Organiization”) created by noted on corti ate C34 in Book " 34, 03 Regiory Districts: Posurasat No. 40072 with extixl Ve Use ot fary ape Executed as a scaled instrament this day of Maret, 2004. By virtue of the attached execution, the original of which is in my hands for the purpose of taking the above described real estate, | have this day levied upon, seized and taken all right, title and interest that the within named Judgment Debtor had in such real estate in Norfolk County. Attached is a true copy of this exe cution on the above so much of my return as relates to the levying upon, seizure, and taking of this real estate on the execution. eputy Sheriff Jacket: 11017236 Visit us at www.norfolkcivil.com Frankt, HoLsroox, Meorie.o, Meoway, SERVING THE COMMUNITIES OF; AVON, BELLINGHAM, BRAINTREE, BROOKLINE, CANTON, COHASSET, DeoHaM, Dover, Foxsorouch, WelLeste’ y, Westwooo, WeysourH, Waenrsan Wa.pote, Mus, Miron, Necouau, Norrouk, Norwooo, Praiwvitte, Quincy, Ranpotert, SHARON, Sroueuron, @Q rr on eres ee { Vy LS NOT NOT CoMMONWEALTH OF MASS, ACHUSEYTS Fic ° FICIAL NORFOLK. ss. PY To the Sheriffs of our Sev@ral Counties, or their Depufie? 40-2199 GREETINGS: WHEREAS MATORIN LAW OFFICE, LLC By the consideration of our JUSTICES OF OUR SUPERIOR COURT holden at Dedham within and for the County of Norfolk, aforesaid, on the 26th ! day of July, 2011 recovered judgment against CHODOS, INC. fka SEVEN OAKS PRODUCTIONS, INC. and LEIGH CHODOS In an action of Contract damage , 250,958.80 cost 375.00 atty fees 2,703.73 Interest 2,874.82 256,912.35 for the sum of two hundred fifty thousand nine hundred fifty eight dollars and eighty cents, damage, costs in the sum of three hundred seventy five dollars. attorney fees in the sum of two thousand seven hundred three dollars and seventy three cents, with Hy interest to date of this execution in the sum of two thousand eight hundred seventy four dollars and eighty two cents, as to us appears of record, wherefore execution remains to be done WE COMMAND you therefore that of the goods, chattels or lands of the said Judgment debtor within your precinct, you cause to be paid and satisfied unto the said Judgment creditor at the value thereof in money, the aforesaid sums being two hundred fifty six thousand nine hundred twelve dollars and thirty five cents in the whole, and thereof also to satisfy yourself for your own fees aforesaid the full sum above mentioned, with your fees, or be discharged by said Judgment creditor, or otherwise by order of law. Hereof fail not, and make return of this writ with your doings thereon into the Clerk's |! office of our said COURT, at Dedham within our County of Norfolk within twenty years after the date of the said judgment, _ WHT NESS; Barbara J: Rowse, Esquire at Dedham thé 30" day of August, in the year of our Lord two thousand and eleven Phil A. Taylor, Esq. Taylor Law office 2 Main Street Suite 320 1 Stoneham, MA 02180 | UE COPY, ATTEST: EPUTY SHERIFF ATE 1/2. uf hi it oa Docilr3S732199 O5-16-2017 12:09 Norfolk Counts Land Court | MATORIN yLAW OFFICE, Luc NogT AN AN OFFICIAL OFFICIAL COPY COPY May 10, 2017 Recorder of the Land Court Register of Deeds Norfolk County Norfolk County 649 High Street 649 High Street Dedham, MA 02026 Dedham, MA 02026 TO: The Recorder of the Land Court and the Register of Deeds for Norfolk County REQUEST TO CARRY FORWARD LEVY OF EXECUTION In accordance with Mass. G.L. Ch. 236, §49A, the levy of the execution on the real estate of Leigh Chodos, Defendant, in said county, made on the 2"4 day of September, 2011, in an action commenced in the Norfolk County Superior Court by Matorin Law Office, LLC, Plaintiff, against Chodos, Inc., f/k/a Seven Oaks Productions, Inc. and Leigh Chodos, Defendants, recorded at Doc: 1,233,189 is to be carried forward and note to that effect made in the appropriate record books in your office, Se THEPI INTIFE. QA B DL ee BOE Miteheyt4. ‘Matorin (BBO# 6493.04) COMMONWEALTH OF MASSACHUSETTS Norfolk, ss, On this 11" day of May, 2017, before me, the undersigned notary public, personally appeared Mitchell J, Matorin and proved to me through satisfactory evidence of identification or who were known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. gtr S on NisiL 24 “ cat Ss Notary wy My commission expires:7! 2} & = 4% 5 (Seal) ARY, iN rinlaw.com 18 Grove Street | Suite 2 | Wellesley, MA | 02482 | tel: 781.453.0100 | fax: 888.628.6746 | mjm@mato