On October 06, 2014 a
Motion-Secondary
was filed
involving a dispute between
Monteiro, Karen P,
Prosky, Stephen,
Stormo, Joan,
and
Clark, Peter T,
Stormo, Scot,
for Torts
in the District Court of Bristol County.
Preview
aut |
COMMONWEALTH OF MASSACHUSETTS
BRISTOL, ss. SUPERIOR COURT DEPARTMENT
SEETO 25 3 eeFIOH COURT ery, ACTION NO. 2014-01015
7 .
JUL 2 8 2018
JOAN STORMO, MARC J. SANTOS, ESQ.
CLERK/MAGISTRATE DEFENDANT’S
Plaintiff OPPOSITION TO
PLAINTIFF’S MOTION
UNDER MASS. R. Civ. P. 69
PETER T. CLARK, TO ENFORCE JUDGMENT
Defendant
Now comes the Defendant, Peter T. Clark, in opposition to Plaintiff's Motion under
Mass. R. Civ. P. 69 to Enforce Judgment by Assignment of Defendant’s Claims against his
Professional Liability Insurers as Plaintiff's motion is premature. Plaintiff has no right to pursue
collection, either in the form of an execution or through an equitable process until the judgment
is final following all appeals. Presently pending in accordance with Superior Court Rule 9A is
Defendant’s JNOV motion which would likely be followed by action before the Appeals Court.
' Contrary to Plaintiffs assertion that the voluntary assignment of Defendant’s insurance
“could reduce Clark’s liability,” such an action treats the Plaintiff in a preferential manner and
fails to recognize other debts. In the event any judgment still exists after all appellate review is
“complete, Defendant, as he has stated repeatedly, is eligible for and will file for protection under
Chapter 7 of the U.S. Bankruptcy Code. In such an instance, any claims that Clark has against
State National Insurance would belong to the Bankruptcy Trustee and if funds are recovered, to
be distributed among all eligible creditors.CONCLUSION
Plaintiff's counsel continues to posture as he and his firm have since their involvement
with this case began. Defendant has never once used the words “judgment proof” but just as
Joan Stormo was greedy and turned down over $1.5 mil in a settlement offer from KGM Custom
Homes, Inc., her greed and the bad acts of her counsel against this Defendant may result in a
similar outcome. Defendant calls upon this Honorable Court to deny Plaintiff's Motion as
untimely.
Respectfully Submitted,
Peter T. Clark, Defendant — Pro Se
Peter T. Clark, Esquire
BBO # 642496
Law Offices of Peter T. Clark, P.C.
200 Chauncy Street, Suite 100
Mansfield, Massachusetts 02048
Tel: (508) 339-2211
| Fax: (508) 339-3535
pclark@attorneyclark.com
Dated: July 18, 2018
CERTIFICATE OF SERVICE
I, Peter T. Clark, do hereby certify that I have served on this 18" day of July, 2018, this
Opposition to Plaintiff's Motion under Mass. R. Civ. P. 69 via facsimile to (617) 494-9068 with
one copy and an original by Federal Express pursuant to Superior Court Rule 9A to Plaintiff's
Counsel Zaheer Samee Esq.; Frisoli Associates, P.C.; 43 Thorndike Street, Cambridge, MA
02141. |
! By: Heel
Peter T. Clark, Esquire
BBO # 642496
Law Offices of Peter T. Clark, P.C.
200 Chauncy Street, Suite 100
Mansfield, Massachusetts 02048
Document Filed Date
July 23, 2018
Case Filing Date
October 06, 2014
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
aut | COMMONWEALTH OF MASSACHUSETTS BRISTOL, ss. SUPERIOR COURT DEPARTMENT SEETO 25 3 eeFIOH COURT ery, ACTION NO. 2014-01015 7 . JUL 2 8 2018 JOAN STORMO, MARC J. SANTOS, ESQ. CLERK/MAGISTRATE DEFENDANT’S Plaintiff OPPOSITION TO PLAINTIFF’S MOTION UNDER MASS. R. Civ. P. 69 PETER T. CLARK, TO ENFORCE JUDGMENT Defendant Now comes the Defendant, Peter T. Clark, in opposition to Plaintiff's Motion under Mass. R. Civ. P. 69 to Enforce Judgment by Assignment of Defendant’s Claims against his Professional Liability Insurers as Plaintiff's motion is premature. Plaintiff has no right to pursue collection, either in the form of an execution or through an equitable process until the judgment is final following all appeals. Presently pending in accordance with Superior Court Rule 9A is Defendant’s JNOV motion which would likely be followed by action before the Appeals Court. ' Contrary to Plaintiffs assertion that the voluntary assignment of Defendant’s insurance “could reduce Clark’s liability,” such an action treats the Plaintiff in a preferential manner and fails to recognize other debts. In the event any judgment still exists after all appellate review is “complete, Defendant, as he has stated repeatedly, is eligible for and will file for protection under Chapter 7 of the U.S. Bankruptcy Code. In such an instance, any claims that Clark has against State National Insurance would belong to the Bankruptcy Trustee and if funds are recovered, to be distributed among all eligible creditors.CONCLUSION Plaintiff's counsel continues to posture as he and his firm have since their involvement with this case began. Defendant has never once used the words “judgment proof” but just as Joan Stormo was greedy and turned down over $1.5 mil in a settlement offer from KGM Custom Homes, Inc., her greed and the bad acts of her counsel against this Defendant may result in a similar outcome. Defendant calls upon this Honorable Court to deny Plaintiff's Motion as untimely. Respectfully Submitted, Peter T. Clark, Defendant — Pro Se Peter T. Clark, Esquire BBO # 642496 Law Offices of Peter T. Clark, P.C. 200 Chauncy Street, Suite 100 Mansfield, Massachusetts 02048 Tel: (508) 339-2211 | Fax: (508) 339-3535 pclark@attorneyclark.com Dated: July 18, 2018 CERTIFICATE OF SERVICE I, Peter T. Clark, do hereby certify that I have served on this 18" day of July, 2018, this Opposition to Plaintiff's Motion under Mass. R. Civ. P. 69 via facsimile to (617) 494-9068 with one copy and an original by Federal Express pursuant to Superior Court Rule 9A to Plaintiff's Counsel Zaheer Samee Esq.; Frisoli Associates, P.C.; 43 Thorndike Street, Cambridge, MA 02141. | ! By: Heel Peter T. Clark, Esquire BBO # 642496 Law Offices of Peter T. Clark, P.C. 200 Chauncy Street, Suite 100 Mansfield, Massachusetts 02048