Party Statement: Piszcz, Jr., Edward et al vs. Stanley, David W. et al

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COMMONWEALTH OF MASSACHUSETTS

Bristol, ss. Superior Court Department
Docket No. 1973CV00704

EDWARD PISZCZ, JR. and )
CHRSTINE A. PISZCZ, ) BRISTOL, SS SUPERIOR COURT
) FILED
Plaintiffs )
) JAN 3 0 2020
v. )
) MARC J SANTOS, ESQ,
DAVID W. STANLEY and ) CLERK/MAGISTRATE
ELIA STANLEY, )
)
Defendants )

AFFIDAVIT OF JOHN A. MARKEY, JR.

Iam an attorney licensed to practice law in the Commonwealth of Massachusetts. I represent
the Defendants David W. Stanley and Elia Stanley in the above referenced matter.

. In August 2019, I received copies of the Complaint from the Defendants.

; At about the same time, I contacted counsel for the Plaintiffs and explained that I would need

some additional time to file an Answer so that I could complete title work and determine
whether (or not) insurance might be available to assist with the defense. Counsel for Plaintiff
graciously granted me until early September to file an Answer.

. In September, Defendants provided me with the closing documentation needed to prepare the

Answer. Despite this, I failed to prepare and deliver a timely Answer. I did not request a further
extension to file an Answer.

. In late September / early October, Defendants provided me with copies of the Default Judgment.

Again, I failed to immediately take action. In late November, Defendants provided my office
with a Notice of the December 11" Hearing. Subsequently, I received the documents recently
filed by counsel for Defendants.

. The reasons for my failure to take timely action in this case are multi-faceted: (a) Professional

Overwhelm - I have had a number of very active legal matters — litigation and non-litigation
cases during the period from late August — through early December. Many of these matters are
related to the government ordered disposition of Carlos Rafael’s fishing assets (26 commercialfishing vessels and 45 federal fishing permits). This process unexpectedly led to related
litigation in Bristol County Superior Court; the Business Litigation Session of Suffolk County
Court; the United States District Court for the District of Massachusetts and the American
Arbitration Association. In addition to the Rafael matters, this Fall I have had a number of other
very active cases — one of which has required me to make multiple trips to New Jersey for
discovery in a case pending in the United States District Court for the District of New Jersey;
(b) Familial - My 82 year old mother sustained a fall requiring my assistance at the hospital and
in the nursing home. Her unavailability has also led me to take on care giving responsibilities
for my 85 year old father who is now home alone while my mother convalesces; and (c) Personal
Overwhelm - These personal issues and professional issues should not have resulted in this
situation. The unacceptable delay is my fault and my personal failure (despite my best
intentions) to get the work completed for the Defendants as promised.

. To address this problem; to ensure that my clients are not further compromised; and so as not to

further inconvenience the Court and opposing counsel, I will overcome my personal overwhelm
and my personal embarrassment by involving additional resources / counsel to assist me with
defending this case if I am unable to keep pace going forward.

. To the extent that the Court believes it equitable to grant this Motion to Remove Default, I am

willing to personally pay the reasonable fees and costs associated with counsel for the Plaintiffs
preparing the Default Judgment paperwork and in preparing and filing the subsequent
paperwork with the Court. I would also be willing to agree to a revised and/or reasonably
expedited tracking order if counsel for Plaintiffs requested such an order to allow for a more
expedient resolution of this dispute.

 

Dated: December 10, 2019