Motion for Attachment Order in Doe, Jennifer vs. Lett, Sr., Arnold F. et al| Trellis.Law

On December 13, 2022 a Motion-Secondary was filed involving a dispute between Doe, Jennifer, and Gowen, Scott, Lett, Sr., Arnold F., Ligouri, Alan, for Torts in the District Court of Barnstable County.

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SUPERIOR COURT
BARNSTABLE, SS

JUN 14-2024
COMMONWEALTH OF MASSACHUSETTS
TRIAL COURT FILED
Scott W. Nickerson,
Clerk
BARNSTABLE, ss. Barnstable Superior Court
Docket No.: 2279CV00495

Jennifer Doe
Plaintiff

Estate of Arnold Lett, Sr. by its )
Personal Representatives, Scott Gowen )
and Alan Ligouri
Defendant )
)
PLAINTIFF’S MEMORANDUMIN SUPPORT OF HER
MOTION FOR EX-PARTE ATTACHMENT OF REAL PROPERTY
AND FURTHER PRELIMINARY RELIEF

This is a tort action arising from the sexual assault, abuse, and rape of the Plaintiff,
Jennifer Doe, beginning when she was only approximately 5 years old. Jennifer seeks pre-trial
attachment of real property located at 3 Riverway Road, West Dennis, Barnstable County,
Massachusetts (hereinafter "the Property") in the amount of $1,000,000,00, as well as time share
Jocated at the Aruba Beach Club, week 40 in room 216 and week 41 in room 212, to secure
judgment. Significantly, 3 Riverway Road was an instrument of Jennifer's sexual abuse, as the
Defendant, Amold Lett, Sr., used the Property to isolate, groom, and rape and sexually assault
Jennifer countless times over the course of approximately 8 years. Jennifer also seeks a

an preliminary order enjoining the Defendant from transferring damaging, or otherwise committing
waste on the property,

As set forth below, liability in the matteris virtually certain as a matter of law. Jennifer is
likely to recover a seven-figure judgment in this matter. Unfortunately, the property which
Plaintiff seeks to attach will only begin to compensate her for the harm that Defendent caused.

BACKGROUND

The Plaintiff, Jennifer Doe, is currently twenty-seven (27) years old. She asserts a
claim arising from the sexual assault, battery, and rape she suffered at the hands of the
Decedent, a close adult family member. The abuse occurred on a neatly daily basis over a
period of approximately eight (8) years and began when she was only approximately five (5)
years old, The abuse came to light to her family when the Jennifer was approximately
seventeen (17) years old. (She did tell a school-mate, but the school-mate kept her secret.)
She was approximately fourteen (14) years old when she began refusing to spend time
around her closes family member, which caused friction in her relationship with her parents.
At the age of seventeen (17), she disclosed to her mother the sexual abuse, battery and rape
that had occurred by her close family member, the Defendant.

The Defendant and his Estate holds right title to the Property. See Exhibit 1, Deed.
Property had a tenant in the home; however, recently the Personal Representatives have
pursued Housing Court to evict any and all tenants. See Exhibit 2, Docket Sheet of Estate of
Arnold F. Lett, Sr., via its personal representative v. Popovich and All Other Occupanis,
Kim, Docket #23HSP01535CI. Plaintiff is unaware of any insurance sufficient to cover the
amount of the judgment she reasonably expects to be recover.

ARGUMENT

I PLAINTIFF IS ENTITLED TO AN EX PARTE ATTACHMENT.

Plaintiff is entitled to attachment of the Defendant's real property as liability in this case
is clear and Plaintiff is reasonably likely to recover a judgment in excess of the amount which
she seeks to attach. A prejudgment attachment "authoriz[es] the seizure of real and personal
property of the defendant to be held as security for any judgment the plaintiff may recover in an
action." Mullane v. Chambers, 333 F.3d 322, 329 (1st Cir.2003). The central issue to be
considered by the court is whether the plaintiff is "likely to prevail on the merits and obtain
damages in the necessary amount." Metro. Prop. & Cas. Ins. Co. v. Bos, Reg/ Physical Therapy,
Inc., 550 F. Supp. 2d 199,201 (D. Mass. 2008). Thus, a "plaintiff seeking prejudgment
attachment must demonstrate (1) a reasonable likelihood of success on the merits and (2) a
reasonable likelihood. of recovering judgment equal to or greater than the amount of the
attachment sought over and above any liability insurance shown by defendant to be available to
satisfy judgment." Hayes v. CRGE Foxborough, LLC, 167 F. Supp. 3d 229, 237-38 (D. Mass.
2016).

Although the often-repeated standard is familiar in attachment motions, the courts
have not addressed the quality or "quantum of evidence necessary to meet the likelihood
standard." Montague Corp. v. Simon Worldwide, Inc., No, CIV.A. 01-3703-C, 2001 WL
1226854, at *2 (Mass. Super. Sept. 14, 2001); International Assoc. of Bridge. Structural and
Ornamental Iron Workers. Shopman's Local Union 501 v, Burtman Jron Works. 164F.R.D.
305,307 (D. Mass. 1995); Aetna Cas. & Sur. Co. v. Rodeo Autobody, 138 F.R.D. 328,331
(D. Mass. 1991). However, it is well settled that a party seeking an attachment need not be
certain of prevailing. Burtman Iron Works, 164 F.R.D. at 307.

Although Plaintiff need not be certain of prevailing to attach property in the instant
matter, liability here is virtually certain.

A, THE REQUESTED ATTACHMENT IS REASONABLE

Plaintiff seeks a $1,000,000 attachment on real property owned by the Decedent, now
controlled by his personal representatives. The attachment is abundantly reasonable, as Plaintiff
is almost certain to succeed on the merits and the value of the home is worth only a fraction of
the value that would compensate Jennifer for the harm she has endured. Although the property is
currently estimated to be valued between $777,000 and $850,000, the Plaintiff could reasonably
expect a judgment well in excess of $1,000,000.00 and the Property could increase in value
during the pendency of this litigation. See Hayes v. CRGE Foxborough, LLC, 167 F. Supp. 3d
229, 237-38 (D. Mass. 2016). The level of damage sustained by the Plaintiff is devastating.
Jennifer lost almost the entirety of her childhood to sexual abuse. She has been suffering in
silence for years and is facing many years of therapy to help cope with this harm. Although there
is no need to specifically address cach and every abusive encounter, a brief recitation is
necessary to demonstrate the extent to which Jennifer was physically and emotionally harmed.
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Jennifer was forced to endure countless sexual assaults at the hands of the Defendant,
aclose family member, when she was in an extraordinarily fragile developmental phase of
her life. The Defendant initiated the abuse when Jennifer was only approximately 5 years old.
See Affidavit of Jennifer Doe, at 3. The abuse started with inappropriate touching of her
private areas and escalated over time. See Affidavit of Jennifer Doe, 5. The Defendant
threatened Jennifer that if she told anyone because her abuser threatened physical violence to
her and her family is she told anyone. See Affidavit of Jennifer Doe, 6 and 10. For that
reason, Jennifer felt that she could never tell her mother or anyone else.

Jennifer was too afraid and ashamed to tell anyone about the abuse. See Affidavit of
Jennifer Doe, 6. Instead, she endured the abuse while the Defendant became more confident
that he would not be found out. Defendant continued to sexually assault the Plaintiff in his
home on a regular basis for approximately 8 years.

During that time, Jennifer became increasingly isolated. She would often go to bed
early or stay up all night to avoid the nightmares reliving the abuse regularly. See Affidavit
of Jennifer Doe, 7. Her schoolwork suffered; and she began to harm herself to cope with the
abuse. See Affidavit of Jennifer Doe, 12.

The sexual abuse emotionally devastated Jennifer. As a result of the abuse, Jennifer
developed several psychological issues that have interfered in her ability to cope in her adult
life. Jennifer has been self-diagnosed with Post-Traumatic Stress Disorder, Depression, and
severe. Anxiety. See Affidavit of Jennifer Doe, 12. She has difficulty with interpersonal and
sexual relationships. See Affidavit of Jennifer Doe, 13. Although Jennifer, at the age of 27, is
engaged to her boyfriend, she struggles with her intimate relationship with him due to the
sexual abuse she experienced. See Affidavit of Jennifer Doe, 18.

Ina similar case, B.K v. Kelley, 89 Mass. App. Ct. 1127 (2016), two plaintiffs brought
claims for assault and battery and intentional infliction of emotion distress against a close
family member who sexually abused and raped them as children. The plaintiffs in Kelley
presented evidence that the defendant repeatedly sexually assaulted them in his home which
resulted in significant emotional impacts on the plaintiffs’ emotional state. The plaintiffs each
suffered from, anxiety, depression, nightmares, issues with sexual relations, fear of having
children, and fear caused by his conduct. The jury awarded each of the plaintiffs
$5,000,000.00 and the Court of Appeals upheld the judgment. A jury could surely award
Jennifer a similar verdict, if not more and it would be supported by law. See e.g. B.K v.
Kellzy, 89 Mass. App. Ct. 1127 (2016); Connerv. Hewitt, Docket No. 14-cv-12867-DIC
(D.Mass 2015) (Court awarded $1,200.000 to plaintiff who suffered sexual abuse and rape by
her tennis coach beginning at the age of 14 years old); Castleman v. Corriveau, No. 95147,
2002 WL 31957016, at *8 (Mass. Super. Oct. 30, 2002) (Court awarded $600,000 for
plaintiff who developed anorexia and depression as a result of sexual abuse at the hands of a
close family friend); Doe v. Clinton, No. CA 942538, 1996 WL 1185103, at *2 (Mass. Super.
Jan. 11, 1996) (Court awarded Plaintiff $500,000.00 to the plaintiff for sexual abuse by an
adult in a position of authority, which caused plaintiff to suffer permanent emotional damage
and had pervasive effect on her daily life). Notably, none of the above cited comparative
cases accounts for lost economic opportunity of the victims.

Jennifer's extreme anxiety caused by the abuse she suffered as a child has prevented
her from living an ordinary life. She has been unable to advance her education or hold a
meaningful job. See Affidavit of Jennifer Doe, 14. Despite her obvious intelligence, Jennifer
began to struggle in school. Thereafter, Jennifer was diagnosed with a disability at the age of
14, and was placed on an educational 504 plan at Dennis-Yarmouth regional high school.
See Affidavit of Jennifer Doe, 14. She ultimately dropped out of school. See Affidavit of
Jennifer Doe, 15.

Notwithstanding her severe mental and emotional distress, Jennifer eamed her GED in
2009. See Affidavit of Jennifer Doe, 16. Jennifer enrolled in Cape Cod Community College.
However, her crippling anxiety prevented her from attending class on a regular basis, and she
was forced to drop out. See Affidavit of Jennifer Doe, 16. Over the years, Jennifer has made
several attempts to hold a job. However, each attempt has been thwarted by her severe anxiety.
See Affidavit of Jennifer Doe, 17

The Defendant is responsible for the staggering and life-altering damage he caused
Jennifer and the value of the Property is only a fraction of what she ought to recover to
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compensate her for her loss. Accordingly, the proposed attachment of the property is more
than reasonable.

B. EX PARTE ATTACHMENT IS WARRANTED

This motion is filed ex parte per rule 4.1(f). Pursuant to Mass. R. Civ. P. 4.1 a
plaintiff is entitled to an ex parte attachment of property if, in addition to meeting the
likelihood standard, she can establish that:
cither (i) the person of the defendant is not subject to the jurisdiction of the
court in the action, or (ii) there is a clear danger that the defendant if
notified in advance of attachment of the property will convey it, remove it
from the state or will conceal it, or (iii) there is immediate danger that the
defendant will damage or destroy the property to be attached.

Mass. R. Civ. P. 4.1(f) (emphasis added).

The Defendant, Arnold Lett, Sr., passed away on January 7, 2022, with a will, in which
he named Personal Representatives, which are also named in this matter, to handle his Estate,
and among his assets include the aforementioned real estate property.

Notably, the property is not protected by the homestead exemption and Defendants are
unable to record a Declaration of Homestead until they can list the home as their primary
residence. See G.L. c. 188, § 5 (requiring the homeowner to declare that he occupies or
intends to occupy the property as his primary residence). Given the current status of title,
there is a danger of rapid fraudulent conveyance. Thus, unless the Court allows the instant
motion ex parte, there is risk the Defendants will attempt to convey or assign their interest to
protect the asset from judgment.

Prior to his passing, the Decedent had allowed people to occupy the home, including
Kim Popovich. The Decedent’s Personal Representatives filed a summary process complaint
to remove the tenants on April 25, 2023, after serving them with a 30 day Notice to Quit,
and after trial on the matter, a Judgment and Order to Vacate was decided on August 24,
'
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2023. A Mation to Stay was filed by the Defendant in that case which was denied on
December 20, 2023. See Exhibit 2, Mass. R. Civ. P. 4.1(f(i)

Ex parte attachment is also required to protect the property from damage and waste.
See Mass. R. Civ. P. 4.1(£)(iii). Upon information and belief that the tenants are no longer
occupying the property, it is possible that the tenants of the property have already caused
substantial damage to the value of home. See Thayer v. Shorey, 287 Mass. 76, 81, 191 N.E.
435 (1934)(citing Delano v. Smith, 206 Mass. 365,370, 92 N.E. 500 (1910) (Waste is defined
as "an unreasonable or improper use, abuse, mismanagement, or omission of duty touching
teal estate by one rightfully in possession, which results in its substantial injury.") If notified
of attachment, there is a risk that the Defendants may allow damage to occur.

Therefore, the ex parte motion is appropriate and indeed warranted.

I. IRREPARABLE HARM COULD ARISE WITHOUT PRELIMINARY
RELIEF

Plaintiff also seeks a preliminary order restraining and enjoining the Defendant from
transferring, damaging, or otherwise committing waste on the property.

In addition to demonstrating likelihood of success on the merits, a party seeking a
preliminary junction must demonstrate the "balance of harms" favors its position. See
generally, Bl(a)ck Tea Society v. City Of Boston, 378 F.3d 8 (1st Cir. 2004); Packaging Industry
Group, Inc., v. Cheney, 380 Mass. 609, 616 (1980); Braintree Labs., Inc. v. Citigroup Glob.
Markets, Inc., 671 F. Supp. 2d 202,207 (D. Mass. 2009), aff'd in part, appeal dismissed in part,
622 F.3d 36 (1st Cir. 2010). Thus, the court must determine "whether issuing an injunction
will burden the Defendants less than denying an injunction would burden the Plaintiff." Jean
y.Massachusetis State Police, 492 F.3d 24, 27 (1st Cir. 2007).

The balance of harms favors the Plaintiff here. Accordingly, without an order from the
Court restraining the Defendant from transferring, damaging, or otherwise committing waste
on the property, there is a real danger that the Defendant will attempt to fraudulently convey
the Property to avoid the inevitable judgment in this matter. Without a Court order enjoining
the Defendants from damaging or committing waste on the property, there is a risk that they
will damage the home to such extent that Plaintiff will never be able to recover the full value
of the asset.

The Defendants will not be harmed by the order should it be granted. Were that the
end of the analysis, the balance of harms clearly favors the Plaintiff. However, the Plaintiffs
required showing here is further reduced as she is virtually certain to succeed on the merits
as a matter of law. See Turner v. City of Boston, 760 F. Supp. 2d 216,218 (D. Mass.2011)
("If a great showing of likely success on the merits is made by a plaintiff, a reduced showing
of irreparable harm may be appropriate.")
CONCLUSION

For the foregoing reasons, the Plaintiff respectfully request that this Honorable Court
ALLOW her motion to Attach Real Estate and Further Preliminary Relief.

January 18, 2024 Respectfully submitted,
Jennifer Dnae ic,
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enwood, E;
CNULA
BBO# 678189
Law Office of Krister enwood, PLLC
349 Old Plymouth Road, First Floor
Sagamore Beach, MA 02562
P: 508-299-3965
F: 508-815-1620
E: Kristen@attykg.com
Ex\ivorh |
Date Filed: 8/21/2023 4:00 PM
Housing - Southeast - Barnstable
Docket Number: 23H83SPO01535C1
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419124, 1:58 PM Case Details - Massachusetts Trial Court N3

23H83SP01535Cl Estate of Arnold F. Lett, Sr , Via its personal representative
vs. Popovich And Ali Other Occupants, Kim

Case Type:
Housing Court Summary Process
Case Status:
ive
fle Date

DCM Track:

Initiating Action:
Efiled SP Summons and Complaint - Cause
Status Date:
04/25/2023
Case Judge:
Next Event;

Property Address
3 Riverway Road
West Dennis MA 02670

| ‘Allinformation | Party | Event | Docket | Disposition | Judgment }

Party Information
Estate of Arnold F. Lett, Sr
~ Plaintiff
{Alias {Party Attorney
Attorney
Veara, Esq., ChristopherA
Bar Code
656227
Address
Dunning, Kirrane, McNichols, and Garner, LLP
133 Falmouth Rd
PO Box 560
Mashpee, MA 02649
Phone Number
(608)477-6500
More Party Information

Popovich And All Other Occupants, Kim
- Defendant
(Alias Party Attorney
|Attomey
Pro Se
Bar Code
PROPER
Address
Phone Number

More
Information
Party jf
ey TS — = — eT

( Events }
Dato ‘Session Type Result
06/08/2023 HSD Virtual Session Housing Specialist Virtual Housing Specialist Status Continued
09:00 AM ven rence
07/26/2023 Barnstable Session Southeast Housing Court Southeast Housing Court First-Tier Court Event Continued
10:30 - Bamstable - Bamstable

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” a
ier, 1:58 PM Case Details - Massachusetts Trial Court N3
Date Session Locality Location Type Result
08/23/2023 Barnstable Session Southeast Housing Court Southeast Housing Court Summary Process Trial Held
08:30 AM - Bamstable - Barnstable
09/26/2023 Zoom Virtual Court Event - Zoom Virtual Court Event Motion Hearing Held
09:00 AM New Bedford
10/48/2023 Plymouth Session Southeast Housing Court ‘Southeast Housing - Hearing Held
11:00 AM - Plymout Plymouth
11/28/2023 Zoom Virtual Court Event - Zoom Virtual Court Event Motion Hearing Allowed
02:00 PM Fall River
12/19/2023 Zoom Virtual Court Event - Zoom Virtual Court Event Motion Hearing Denied
02:00 PM New Bedford

[Docket information
Docket Docket Text image
Avail.

04/25/2023 Summar Hyg rocess: MGL Chapter 185C Section 19; Chapter 262 Section 2 Receipt: 113012 Date:
04) 102:
04/25/2023 SURCHARGE 185C:Entry of Action filed (Section 466 - M.G.L. c. 185C, §19) SURCHARGE Receipt:
113012 Date: 04/25/2023
04/25/2023 Entry Package - SP Summons and Complaint - Cause
04/25/2023 Entry Package - Notice to Quit
04/25/2023 Entry Package - Affidavit of Compliance
05/02/2023 Attorney Appearance
On this date 05/02/2023 Pro Se added for Popovich And All Other Occupants, Kim
05/19/2023 Scheduled
Event: Housing Specialist Status Conference
Date: 06/08/2023 Time: 09:00 AM
Result: Continued
08/30/2023 Retumed Mail- for D HSSC 6/8/23
06/08/2023 Event Resulted: Housing Specialist Status Conference scheduled on:
06/08/2023 09:00 Al
Has been: Continued For the following reason: Court Action
Comments: Per Clerk; CASE CONTINUED to 7/26/23 at 10:30 AM in person tier 1 event with notice to
Plaintiffto serve on Defendant by Constable with return of service filed with court.
Time = none
Hon, Donna Salvidio, Presiding
06/23/2023 Return of service 1st Tier event notice completed filed by Estate Of Arnold R, Lett, Sr., Via Its Personal
Representative
07/26/2023 Altemative Dispute Resolution Outcome
Referral Date: 07/26/2023
Referral Source:
Referral Event: First-Tier Court Event Jul 26, 2023 10:30:00 AM
Referral Status: Closed - Not Set
Referral Specialist: Fonseca, Livia
07/26/2023 Event Resulted: First-Tier Court Event scheduled on:
07/26/2023 10:30 AM
Has been: Continued For the following reason: Court Action
Honorable Anne Kenney Chaplin, Presiding
07/26/2023 Referred to Housing Specialist
07/26/2023 Parties present ; mediation unsuccessful per clerk CC: 8/23/23 @ 830 trial in person Barnstable session
Notice of Next Court Event provided to parties in hand
calendar updated
07/26/2023 Scheduled
Event: Summary Process Trial
Date: 08/23/2023 Time: 08:30 AM
Result; Held
07/31/2023 Motion by Estate Of Arnold R, Lett, Sr., Via Its Personal Representative to amend pleadings
08/21/2023 Proposed Exhibit Filed by Estate Of Arnold R. Lett, Sr., Via Its Personal Representative
-Return of service
08/21/2023 Proposed Exhibit Filed by Estate Of Arnold R. Lett, Sr., Via Its Personal Representative 9g

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1119124, 1:58 PM Case Detalls - Massachusetts Trial Court N3

Docket Docket Text
Date Ref Ava,

-Return of service
08/21/2023 Proposed Exhibit Filed by Estate Of Arnold R. Lett, Sr., Via Its Personal Representative 10
Will AL
08/21/2023 Proposed Exhibit Filed by Estate Of Arnold R. Lett, Sr., Via Its Personal Representative 14
addition to will AL
08/21/2023 Proposed Exhibit Filed by Estate Of Amcid R. Lett, Sr., Via Its Personal Representative 12

08/21/2023 Proposed Exhibit Filed by Estate Of Arnold R. Lett, Sr., Via Its Personal Representative 13
Death cert Al
08/21/2023 Proposed Exhibit Filed by Estate Of Arnold R, Lett, Sr., Via Its Personal Representative 14
death cert ML
08/21/2023 Proposed Exhibit Filed by Estate Of Arnold R, Lett, Sr., Via Its Personal Representative 15
funeral expense
08/21/2023 Proposed Exhibit Filed by Estate Of Arnold R. Lett, Sr., Via Its Personal Representative 16
personal rep appoinmnt
08/23/2023 Event Resulted: Summary Process Tria! scheduled on:
08/23/2023 08:30 AM
Has been: Held
Hon. Joseph Michaud, Presiding
08/23/2023 After hearing with parties present with { Michaud, J) Taken under advisement

Judge: Michaud, Hon. Joseph
08/23/2023 Case Disposed
08/24/2023 ~ Per Michaud, J. -

Judgment issues for Plaintiff
(possession & rent)
Execution issues upon written request

*** APPEAL PERIOD EXPIRES ON 9-6-: fen

Judge: Michaud, Hon. Joseph
08/24/2023 Judgment issued: Final Judgment Finding Presiding: Hon. Joseph Michaud
Judgment For: Estate of Arnold F, Lett, Sr

Judgment Against: Kim Papovich And All Other Occupants

ferms of Judgment: Interest Begins: 04/25/2023 Jdgmnt Date: 08/24/2023 Interest Rate: .12 Daily
Interest Rate: .00
Damages: Damage Amt: .00 Filing Fees: 209.04
Judgment Total: 209.04

08/25/2023 Execution not entered and Notice of Inabilityto Issue and Execution issued because the following has not
been filed: .
Other:{RULE10}
YOU MUST FILE THE ORIGINAL SUMMONS & COMPLAINT AND A WRITTEN REQUEST TO ISSUE
09/05/2023 Notice of Appeal by Kim Popovich And All Other Occupants from Judgment dated 08/24/2023 17
09/42/2023 Notice of Appeal by Kim Popovich And All Other Occupants from Judgment dated 08/24/2023 18
09/12/2023 Motion to set or Waive Appeal Bond filed by Kim Popovich And All Other Occupants 19
09/12/2023 Answer & Counterclaim filed by Kim Popovich And All Other Occupants. 20
FILED UNTIMELY
09/13/2023 Memorandum of Kim Popovich And All Other Occupants 21
09/14/2023 Scheduled
Event: Motion Hearin,
Date: 09/26/2023 Time: 09:00 AM
Result: Held
09/26/2023 Event Resulted: Motion Hearing scheduled on:
09/26/2023 09:00
Has been: Held

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ariarea, 1:58 PM Case Details - Massachusetts Trial Court N3

Docket Docket Text File image [
Date Ref Avail.

Comments: After hearing with parlies present; Taken Under Advisement per Michaud, J. T: 9:26-9:33,
Hon. Josaph Michaud, Presiding
09/26/2023 ‘Taken under advisement
Judge: Michaud, Hon. Joseph
09/28/2023 Appeal Bond Order entered; per Michaud, J. Defendant's motion to waive appeal bond DENIE!
Defendant ordered to pay appeal bond of $209.04 to Plaintiff's counsel no later than 10/10/2023; Clerk to
schedule for Use & Occupancy hearing with notice of same to the parties.
Judge: Michaud, Hon. Joseph
09/29/2023 Scheduled
Event: Hearing
Date: 10/18/2023 Time: 11:00 AM
Result: Held
10/10/2023 Memorandum of Kim Popovich And All Other Occupants 22

10/10/2023 Affidavit of William Gregory filed by Kim Popovich And All Other Occupants 23
10/10/2023 Proposed Exhibit Filed by Kim Popovich And All Other Occupants 24
Subpoena list
10/10/2023 Proposed Exhibit Fited by Kim Popovich And All Other Occupants 25
Expenses paid by defendant in support of appeal
10/11/2023 Transcript of hearing filed by defendant. 26
10/13/2023 Correspondence raceived from
ALL PAPERWORK RELATIVE TO THE APPEALS SENT THROUGH THE APPEALS CREATOR THIS
DAY
10/13/2023 Motion for Protective Order filed by Estate of Arnold F. Lett, Sr , Via its personal representative
10/18/2023 Event Resulted: Hearing scheduled on:
10/18/2023 11:00 AM
Has been; Held
Comments: after hearing parties present plaintiff motion for protective order allowed and subpoena
squashed per Chaplin, J Plaintiff motion for use and occupancy TUA per Chaplin,J T:11;00-11:20
Honorable Anne Kenney Chaplin, Presiding
10/18/2023 ‘Taken under advisement-(Chaplin, J)
Judge: Chaplin, Honorable Anne Kenney
10/18/2023 Plaintiff's Motion for protective order Allowed
10/20/2023 Per Chaplin, Order; Regarding: Use and Occupancy payments entered.

Judge: Chaplin, Honorable Anne Kenney
10/24/2023 Correspondence received from 28
Email received from Appeals Court on this date
11/17/2023 Motion by Estate of Arnold F, Lett, Sr , Via its personal representative to issue execution 29
to dismiss appeal
11/17/2023 Affidavit of counsel in support of plaintiffs motion to dismiss appeal and issue execution filed by Estate of 30
Amold F. Lett, Sr , Via its personal representative
14/17/2023 Scheduled
Event: Motion Hearing
Date: 11/28/2023 Time: 02:00 PM
Resutt: Allowed
11/20/2023 Opposition to mot to dismiss by Kim Popovich And All Other Occupants 32
11/20/2023 Affidavit of K. Popovich filed by Kim Popovich And All Other Occupants 33
(duplicate submision)
11/28/2023 Event Resulted: Motion Hearing scheduled on:
11/28/2023 02:00 PM
Has been: Allowed For the following reason: Court Action
Honorable Anne Kenney Chaplin, Presiding
11/28/2023 Plaintiff only appearing, After hearing per Chaplin, J. Plaintiff's motion to dismiss appeal and issue 34
Execution ALLOWED, Execution to issue forthwith. Motion acts as written request. :24-2:38 VC-FR}
11/28/2023 Execution not entered and Notice of Inability to Issue and Executton issued because the following has not 35
been filed: .
Plaintiff must retum the Originat Summons for the Execution to issue.

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rior, 1:58 PM Case Details - Massachusetts Trial Court N3

Docket
Date

12/01/2023
Docket Text

Request for Clerical Correction- Def
Nbr,
36
Ima
Avail.
|
12/04/2023 Entry Package - SP Summons and Complaint - Original 7
12/06/2023 Execution Issued
Execution for Possession and Money
Judgment Debtor: Popovich And Alt Cther Occupants, Kim
Judgment Creditor: Estate of Amold F. Lett, Sr , Via its personal representative
Terms of Execution:
EXON Issuance Date: 12/06/2023
Judgment Total: 209.04
Post Judgment Int. Rate: .12 Post Judgment Int. Total: 7.15
Execution Subtotal: 216.19
Execution Total: 216.19
12/13/2023 Motion to stay levy filed by Kim Popovich And All Other Occupants 38
1214/2023 Opposition to def’s motion to stay levy by Estate of Arnold F. Lett, Sr , Via ils personal representative 39
12/15/2023 Scheduled
Event: Motion Hearing
Date: 12/19/2023 Time: 02:00 PM
Result: Denied
12/19/2023 Event Resulted: Motion Hearing scheduled on:
12/19/2023 02:00 PM
Has been: Denied For the following reason; Court Action
Hon, Joseph Michaud, Presiding
12/19/2023 After hearing with parties present: per Michaud, J.; Defendant's Emergency Motion to Levy a Stay of al
Execution: Denied, T: 2:31-2:54.
12/19/2023 Motion for reconsideration and hearing requested with Judge Chaplin filed by Kim Popovich And All Other 42
Occupants:
12/20/2023 Motion by Kim Popovich And All Other Occupants for stay of execution 43
Affidavit in Support of Motion for Reconsideration & Motion for Temporary Stay of Execution pending a
newly requested hearing date
12/20/2023 Motion filed by
12/20/2023 Defendant's Emergency Motion to levy a temporary stay of the Execution pending a newly requested 45
hearing date Denied, per Michaud, J. {t: lobby)
01/18/2024 Change of Address by Kim Popovich And All Other Occupants 46

Case Disposition
Di: I Date
Disposed 08/23/2023

—

Judgments
Date Type Method For Against
08/24/2023 Final Judgment Finding Estate of Amold F. Lett, Sr Popovich And All Other Occupants, Kim

—— — — —

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Case Info

Judge

Thomas J. Perrino Track Judge’s New Case

Case No.

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Document Filed Date

June 14, 2024

Case Filing Date

December 13, 2022

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Motion-Secondary: Doe, Jennifer vs. Lett, Sr., Arnold F. et al

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