This action commenced in this court September 28, 2011 with the filing by plaintiff of a verified complaint seeking declaratory relief under G.L. c. 231A.
This case came on to be heard on cross motions for summary judgment on March 28, 2013. After hearing, the court (Piper, J.), from the bench, GRANTED the defendants motion for summary judgment and DENIED the plaintiffs motion for summary judgment, for substantially the reasons set forth in the defendants moving papers, and for the reasons which were laid upon the record from the bench and given by the court in a docket entry of that date. Following the courts ruling, the parties by counsel were given the opportunity to propose forms of judgment for the court to enter in this case.
Acting on a request for attorneys fees and costs later filed by the defendant, the court today has issued an order on that request, making an award of attorneys fees and costs to be paid by plaintiffs counsel to defendant. In accordance with the courts order of even date, its prior rulings on summary judgment, and taking into account the proposed forms of judgment submitted, it is
ORDERED, ADJUDGED, and DECLARED that the judgment (Judgment) issued on May 22, 1991 in the Concord District Court, Civil Action No. 9047CV0531, in favor of Gayle Carney and against Peter Raymond, in the amount of $154,096.19, plus costs of $104.65 and attorneys fees of $941.00, had not been satisfied, and remained in force and effect as of the time of the death of Plaintiff Peter C. Raymond. [Note 1] It is further
ORDERED, ADJUDGED, and DECLARED that the presumption of satisfaction of judgments set forth in G.L. c. 260, § 20 has been rebutted as to the subject Judgment, which remains unsatisfied and unpaid; the only payments against the amount of the Judgment, which were made to the original holder of the Judgment, Gayle Carney, total $7,200. By stipulation of the parties, these payments are credited against the Judgment amount effective May 22, 1991 (the date of the Judgment). It is further
ORDERED, ADJUDGED, and DECLARED that as of the time of plaintiffs death, the remainder of the balance due with respect to the Judgment, with statutory interest from May 21, 1991 pursuant to G.L. c. 231, § 6C, remained due and owing on the Judgment. It is further
ORDERED, ADJUDGED, and DECLARED that the second or alias execution (Alias Execution), issued February 23, 2010 on the Judgment, and recorded with the Middlesex (South District) Registry of Deeds (Registry) at Book 54373, Page 20, was not, as of the time of plaintiffs death, invalid, unenforceable, or deemed satisfied by reason of the statutory presumption in G.L. c. 260, § 20, and did not and has not become invalid, unenforceable, or deemed satisfied or paid based on any such presumption, the presumption being rebuttable and having been rebutted by the defendant in this case in this court. It is further
ORDERED and ADJUDGED that defendants motion for attorneys fees and costs pursuant to Mass. R. Civ. P. 11 (a) has been GRANTED by the court in its Order of even date. In accordance with that Order, the attorney of record for plaintiff, Robert F. Casey, Esquire is hereby ORDERED to pay defendant within 60 days of this Judgment good funds in the amount of $9,726.00, representing the defendants reasonable attorneys fees and costs. It is further
ORDERED and ADJUDGED that no other fees, costs, or other amounts are awarded.
[Note 1] Peter Raymond passed away on October 22, 2013. Defendant and plaintiffs former counsel appear to agree plaintiffs spouse has acquired full title to the property, free of the execution, as the surviving joint tenant.