On March 18, 2013 a
Motion-Secondary
was filed
involving a dispute between
Yatsenick, Joal,
Yatsenick, Rick,
and
Curley, Stacey,
David Dillon Dba,
Edgar, Charles,
Old Wharf Village Llc,
for Torts
in the District Court of Barnstable County.
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COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF THE TRIAL COURT
BARNSTABLE, ss
Rick and Joal Yatsenick,
Plaintiffs
Old Wharf Village, LLC and
Charles Edgar,
Defendants
DEFENDANT’S SUR REPLY TO PLAINTIFFS’ OPPOSITION TO DEFENDANT OLD
WHARF VILLAGE, LLC’S MOTION TO RECONSIDER DENIAL OF MOTION TO
SUPERIOR COURT
Docket No. BACV2013-00125
DISCHARGE ATTACHMENT OF REAL PROPERTY OF
The Plaintiffs argue that the Defendants should pay the amount of the attachment into an
escrow account using funds from the construction loan, to allow the Lender’s mortgage be in
OLD WHARF VILLAGE, LLC
“first position,” but this is not possible. Since the purpose of the loan is for construction,
using funds to pay off the attachment would violate the terms of the loan.
Dated: July 25, 2019
Respectfully submitted,
Defendants,
By Their Attorneys,
PH
Byung E. Perkins, BBO# 561909
Lynne M. Chiodo, BBO# 657428
DP Law
619 High Street, Suite 103
Dedham, MA 02026
(781) 326-6320 (voice)
. (781) 326-6321 (fax)
dp@djunaperkinslaw.com
Ichiodo@djunaperkinslaw.com
#5 :COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss
RICK YATSENICK & JOAL YATSENICK,
Plaintiffs,
Vv.
OLD WHARF VILLAGE, LLC, CHARLES
EDGAR, DAVID DILLAN d/b/a as
DILLON REAL ESTATE & STACEY CURLEY
Defendants
SUPERIOR COURT DEPARTMENT
Civil Action No. BACV2013-00125
REQUEST FOR HEARING
Now come the Defendants, Old Wharf Village, LLC and Charles Edgar and request a
Hearing on their Motion to Reconsider Denial of Motion to Discharge Attachment of Real Property
of Old Wharf Village, LLC.
DATED: July 25, 2019
Respectfully submitted,
Old Wharf Village, LLC and Charles Edgar,
By their attorneys,
DfundPetkins, BBO #561909
Lynne M. Chiodo, BBO# 657428
DP Law
619 High Street, Suite 103
Dedham, MA 02026
Phone: (781) 326-6320
Fax: (781) 326-6321
dp@djunaperkinslaw.com
Ichiodo@djunaperkinslaw.com
Document Filed Date
August 01, 2019
Case Filing Date
March 18, 2013
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COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT BARNSTABLE, ss Rick and Joal Yatsenick, Plaintiffs Old Wharf Village, LLC and Charles Edgar, Defendants DEFENDANT’S SUR REPLY TO PLAINTIFFS’ OPPOSITION TO DEFENDANT OLD WHARF VILLAGE, LLC’S MOTION TO RECONSIDER DENIAL OF MOTION TO SUPERIOR COURT Docket No. BACV2013-00125 DISCHARGE ATTACHMENT OF REAL PROPERTY OF The Plaintiffs argue that the Defendants should pay the amount of the attachment into an escrow account using funds from the construction loan, to allow the Lender’s mortgage be in OLD WHARF VILLAGE, LLC “first position,” but this is not possible. Since the purpose of the loan is for construction, using funds to pay off the attachment would violate the terms of the loan. Dated: July 25, 2019 Respectfully submitted, Defendants, By Their Attorneys, PH Byung E. Perkins, BBO# 561909 Lynne M. Chiodo, BBO# 657428 DP Law 619 High Street, Suite 103 Dedham, MA 02026 (781) 326-6320 (voice) . (781) 326-6321 (fax) dp@djunaperkinslaw.com Ichiodo@djunaperkinslaw.com #5 :COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss RICK YATSENICK & JOAL YATSENICK, Plaintiffs, Vv. OLD WHARF VILLAGE, LLC, CHARLES EDGAR, DAVID DILLAN d/b/a as DILLON REAL ESTATE & STACEY CURLEY Defendants SUPERIOR COURT DEPARTMENT Civil Action No. BACV2013-00125 REQUEST FOR HEARING Now come the Defendants, Old Wharf Village, LLC and Charles Edgar and request a Hearing on their Motion to Reconsider Denial of Motion to Discharge Attachment of Real Property of Old Wharf Village, LLC. DATED: July 25, 2019 Respectfully submitted, Old Wharf Village, LLC and Charles Edgar, By their attorneys, DfundPetkins, BBO #561909 Lynne M. Chiodo, BBO# 657428 DP Law 619 High Street, Suite 103 Dedham, MA 02026 Phone: (781) 326-6320 Fax: (781) 326-6321 dp@djunaperkinslaw.com Ichiodo@djunaperkinslaw.com