Order For Sale Of Gargano's Condo Unit
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COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT
MIDDLESEX, ss
) THOMAS GRAYES LANDJNG CONDOMINIUM TRUST, Plaintiff
)
v.
) )
PAUL AND SHEILA GARGANO Defendants
)
) ) )
) )
) )
PAUL AND SHEILA GARGANO,
Plaintiff
Consolidated C.A. No. 04-04613 (Middlesex) 04-05018 (Suffolk)
) )
) )
v
NILES COMP ANY, INC., and THOMAS GRAYES LANDING COl\fDOMINIUM ASSOCIATION, Defendants
) )
) )
---------------------)
ORDER FOR SALE Following trial of the above-captioned matter, and in accordance with the Findings of the Court, it is hereby ORDERED, ADJUDGED and DECREED as follows: 1.
There exists a certain condominium unit, designated Unit C-1, 4 Canal Park,
Cambridge, Massachusetts, (the "Unit") which Unit is part of The Thomas Graves Landing Condominium, a condominium established by Master Deed dated January 20,1988 and recorded at the Middlesex South Registry of Deeds at Book 18829 and Page 434. Said Unit is owned by defendants Paul and Sheila Gargano (hereinafter "defendants"), pursuant to a Unit Deed dated September 15, 1994, and recorded with the Middlesex County Southern District Registry of
1
Deeds, at Book 24857, Page 494. 2.
All other parties-in-interest, that is, all persons, £inns or entities having a lien or
encumbrance of record on the said Unit have been duly served with process in this action as
appears in the records of this Court. 3.
In accordance with the Judgment on Finding of the Court dated July 9,2008 and
the Entry of Final Judgment based thereon, the plaintiff, Thomas Graves Landing Condominium Trust, is entitled to recover the sum of $298,260.15, as the same is enforceable as a common expense, as follows:
4.
A.
Gas Assessment:
$155,408.00
B.
Interest from 11/19/2004 to 07/09/2008:
$67,852.15
c.
Attorney's Fees
$75,000.00.
Additional interest and fines, from July 9,2008 to March 19,2009 has accrued in
the amount of$43,783.71. 5.
With additional interest and fines, the total sum due and owing to the plaintiff,
$342,043.86, constitutes a debt for which the defendants, Paul and Sheila Gargano, are personally liable under the provisions of M.G.L. c. 183A, § 6(b). 6.
The total sum due and owing to the plaintiff constitutes a lien upon said Unit # C
1, 4 Canal Park, Cambridge, Massachusetts (of the Thomas Graves Landing Condominium)
under the provisions ofM.G.L. c. 183A, §§ 6(a) and 6(c). 7.
Pursuant to M.G.L. c. 183A § 6(c), the foregoing lien has priority over all other
liens and encumbrances except (a) liens and encumbrances recorded prior to the aforesaid Master Deed and (b) liens for real estate taxes and other municipal charges against the said Unit.
2
8.
Pursuant to M.G.L. c. 254, §§ 5 and 5(a) said Unit may be sold as provided by
law in an attempt to satisfy this Judgment in whole or in part. Said sale shall be conducted pursuant to M.G.L. c. 254, §§ 5 and 5(a), as therein specified, and shall be announced by a notice
of sale in the form required published in the City of Cambridge. No other provisions of Chapter 254, other than Sections 5 and 5(a) thereot are hereto applicable. No other publication or advertising need be made. Title shall be conveyed by an Auctioneer's Release Deed. 9.
In the event of such entry and sale, the plaintiff shall be entitled to possession free
and clear of all tenants and occupants, including but not limited to the defendants and anyone claiming by, through, or under the defendants, and that the defendants be ordered to vacate the premises forthwith at the time of sale. 10.
The proceeds of the sale shall be applied to all liens on the unit, in order of their
priority. The remaining proceeds, if any, shall be paid to the defendants. The defendants shall remain personally liable for any deficiency. 11.
Upon the sale of the Unit to satisfy the lien, any other lien upon Unit # C-1, 4
Canal Park other than liens for real estate taxes and other municipal charges against said Unit, shall be extinguished. 12.
The plaintiff shall, in accordance with M.G.L. c. 183A, § 6(a) and § 6(c), be
entitled to any and all subsequent common expenses which accrue hereinafter, along with all costs incurred in proceeding to the sale of the said Unit, such as advertising costs, auctioneer fees, and attomeys' fees and costs related thereto. By the Court __
Dated:~ 'r"{ (J'r
-'.;~
-'- ,.. ' L./
'~-.__ '~~- ~ \v ih& ! '1~" .;/,' .... (.. 1
.
. r-- ..--._....~ ')
Thayer Fremont-Smith ~ Associate Justice of the Superior Court
3
SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT
MIDDLESEX, ss
) THOMAS GRAYES LANDJNG CONDOMINIUM TRUST, Plaintiff
)
v.
) )
PAUL AND SHEILA GARGANO Defendants
)
) ) )
) )
) )
PAUL AND SHEILA GARGANO,
Plaintiff
Consolidated C.A. No. 04-04613 (Middlesex) 04-05018 (Suffolk)
) )
) )
v
NILES COMP ANY, INC., and THOMAS GRAYES LANDING COl\fDOMINIUM ASSOCIATION, Defendants
) )
) )
---------------------)
ORDER FOR SALE Following trial of the above-captioned matter, and in accordance with the Findings of the Court, it is hereby ORDERED, ADJUDGED and DECREED as follows: 1.
There exists a certain condominium unit, designated Unit C-1, 4 Canal Park,
Cambridge, Massachusetts, (the "Unit") which Unit is part of The Thomas Graves Landing Condominium, a condominium established by Master Deed dated January 20,1988 and recorded at the Middlesex South Registry of Deeds at Book 18829 and Page 434. Said Unit is owned by defendants Paul and Sheila Gargano (hereinafter "defendants"), pursuant to a Unit Deed dated September 15, 1994, and recorded with the Middlesex County Southern District Registry of
1
Deeds, at Book 24857, Page 494. 2.
All other parties-in-interest, that is, all persons, £inns or entities having a lien or
encumbrance of record on the said Unit have been duly served with process in this action as
appears in the records of this Court. 3.
In accordance with the Judgment on Finding of the Court dated July 9,2008 and
the Entry of Final Judgment based thereon, the plaintiff, Thomas Graves Landing Condominium Trust, is entitled to recover the sum of $298,260.15, as the same is enforceable as a common expense, as follows:
4.
A.
Gas Assessment:
$155,408.00
B.
Interest from 11/19/2004 to 07/09/2008:
$67,852.15
c.
Attorney's Fees
$75,000.00.
Additional interest and fines, from July 9,2008 to March 19,2009 has accrued in
the amount of$43,783.71. 5.
With additional interest and fines, the total sum due and owing to the plaintiff,
$342,043.86, constitutes a debt for which the defendants, Paul and Sheila Gargano, are personally liable under the provisions of M.G.L. c. 183A, § 6(b). 6.
The total sum due and owing to the plaintiff constitutes a lien upon said Unit # C
1, 4 Canal Park, Cambridge, Massachusetts (of the Thomas Graves Landing Condominium)
under the provisions ofM.G.L. c. 183A, §§ 6(a) and 6(c). 7.
Pursuant to M.G.L. c. 183A § 6(c), the foregoing lien has priority over all other
liens and encumbrances except (a) liens and encumbrances recorded prior to the aforesaid Master Deed and (b) liens for real estate taxes and other municipal charges against the said Unit.
2
8.
Pursuant to M.G.L. c. 254, §§ 5 and 5(a) said Unit may be sold as provided by
law in an attempt to satisfy this Judgment in whole or in part. Said sale shall be conducted pursuant to M.G.L. c. 254, §§ 5 and 5(a), as therein specified, and shall be announced by a notice
of sale in the form required published in the City of Cambridge. No other provisions of Chapter 254, other than Sections 5 and 5(a) thereot are hereto applicable. No other publication or advertising need be made. Title shall be conveyed by an Auctioneer's Release Deed. 9.
In the event of such entry and sale, the plaintiff shall be entitled to possession free
and clear of all tenants and occupants, including but not limited to the defendants and anyone claiming by, through, or under the defendants, and that the defendants be ordered to vacate the premises forthwith at the time of sale. 10.
The proceeds of the sale shall be applied to all liens on the unit, in order of their
priority. The remaining proceeds, if any, shall be paid to the defendants. The defendants shall remain personally liable for any deficiency. 11.
Upon the sale of the Unit to satisfy the lien, any other lien upon Unit # C-1, 4
Canal Park other than liens for real estate taxes and other municipal charges against said Unit, shall be extinguished. 12.
The plaintiff shall, in accordance with M.G.L. c. 183A, § 6(a) and § 6(c), be
entitled to any and all subsequent common expenses which accrue hereinafter, along with all costs incurred in proceeding to the sale of the said Unit, such as advertising costs, auctioneer fees, and attomeys' fees and costs related thereto. By the Court __
Dated:~ 'r"{ (J'r
-'.;~
-'- ,.. ' L./
'~-.__ '~~- ~ \v ih& ! '1~" .;/,' .... (.. 1
.
. r-- ..--._....~ ')
Thayer Fremont-Smith ~ Associate Justice of the Superior Court
3
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