On April 06, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Costa, Julia,
and
North Star Distrubutors,Inc.,
Silva, Elio G.,
for Contract / Business Cases
in the District Court of Middlesex County.
Preview
evi
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT DEPARTMENT OF THE SUPERIOR COURT
MIDDLESEX, ss. DOCKET NO. 1681CV0977
JULIA COSTA a/k/a JULIA DE COSTA,
Plaintiff
Vv.
NORTH STAR DISTRUBUTORS, INC. &
ELIO G. SILVA, -
Defendants
MARTHA'S VINEYARD SAVINGS BANK,
Trustee
eS Serer
ASSENTED TO MOTION FOR COURT ORDER TO
DISCHARGE ATTACHMENT OF REAL ESTATE
Now comes the Plaintiff, through her counsel, Kenneth R. Liebman, Esq., and with the assent
of defendants’ counsel, Thomas G. Waldstein, Esq., moves that this Honorable Court order that
the attachment on any and all right, title and interest in real estate owned by Defendant, Elio G.
Silva attached on or about April 12, 2016, including the property located at 479 Barnes Road,
Oak Bluffs, Dukes County, Massachusetts and specifically described in Book 00674, Page 81 at
the Dukes County Registry of Deeds be discharged.
In support of the within motion, it is stated that on or about April 6, 2016 Plaintiff, Julia
Costa, filed a Complaint on Promissory Note against defendants Elio G. Silva and North Star
Distributors, Inc. in which it was alleged that the defendants owed Plaintiff the amount of
$74,300.00. Contemporaneously, Plaintiff sought and received a writ of attachment pursuant to
Rule 4.1 of the Massachusetts Rules of Civil Procedure. The motion for attachment was allowedby DESMOND, J. and a Writ of Attachment was recorded at the Register of Deeds of Dukes
County.
The parties reached a complete settlement and the Defendants have met all of their
obligations under the settlement agreement.
WHEREFORE, the parties request that this Honorable Court issue an order discharging the
attachment on the real estate of Defendant, Elio G. Silva.
Respectfully submitted,
JULIA COSTA aka JULIA DE COSTA
By her Attorney,
Dated: February 16, 2018
. Webman, Esq. (BBO #564613)
Law Offices of Kenneth R. Liebman, Esq.
370 Boston Post Road
Sudbury, MA 01776
Tel. 978-443-6262 / Fax 978-443 - 6658
Email: krlesq@aol.com
Assented to: ELIO G. SILVA and
NORTH STAR DISTRIBUTORS, INC.,
By their Attorney:
Dated: a aan
Thomas G. Waldstein, Esq. (BBO# 512620)
24 Union Ave., Suite 22
Framingham, MA 01702
Tel. 508-872-6567 / Fax 508-875-2983
Email: twaldstein@aol.com
Document Filed Date
March 07, 2018
Case Filing Date
April 06, 2016
Category
Contract / Business Cases
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
evi COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT DEPARTMENT OF THE SUPERIOR COURT MIDDLESEX, ss. DOCKET NO. 1681CV0977 JULIA COSTA a/k/a JULIA DE COSTA, Plaintiff Vv. NORTH STAR DISTRUBUTORS, INC. & ELIO G. SILVA, - Defendants MARTHA'S VINEYARD SAVINGS BANK, Trustee eS Serer ASSENTED TO MOTION FOR COURT ORDER TO DISCHARGE ATTACHMENT OF REAL ESTATE Now comes the Plaintiff, through her counsel, Kenneth R. Liebman, Esq., and with the assent of defendants’ counsel, Thomas G. Waldstein, Esq., moves that this Honorable Court order that the attachment on any and all right, title and interest in real estate owned by Defendant, Elio G. Silva attached on or about April 12, 2016, including the property located at 479 Barnes Road, Oak Bluffs, Dukes County, Massachusetts and specifically described in Book 00674, Page 81 at the Dukes County Registry of Deeds be discharged. In support of the within motion, it is stated that on or about April 6, 2016 Plaintiff, Julia Costa, filed a Complaint on Promissory Note against defendants Elio G. Silva and North Star Distributors, Inc. in which it was alleged that the defendants owed Plaintiff the amount of $74,300.00. Contemporaneously, Plaintiff sought and received a writ of attachment pursuant to Rule 4.1 of the Massachusetts Rules of Civil Procedure. The motion for attachment was allowedby DESMOND, J. and a Writ of Attachment was recorded at the Register of Deeds of Dukes County. The parties reached a complete settlement and the Defendants have met all of their obligations under the settlement agreement. WHEREFORE, the parties request that this Honorable Court issue an order discharging the attachment on the real estate of Defendant, Elio G. Silva. Respectfully submitted, JULIA COSTA aka JULIA DE COSTA By her Attorney, Dated: February 16, 2018 . Webman, Esq. (BBO #564613) Law Offices of Kenneth R. Liebman, Esq. 370 Boston Post Road Sudbury, MA 01776 Tel. 978-443-6262 / Fax 978-443 - 6658 Email: krlesq@aol.com Assented to: ELIO G. SILVA and NORTH STAR DISTRIBUTORS, INC., By their Attorney: Dated: a aan Thomas G. Waldstein, Esq. (BBO# 512620) 24 Union Ave., Suite 22 Framingham, MA 01702 Tel. 508-872-6567 / Fax 508-875-2983 Email: twaldstein@aol.com