Preview
Date Filed 4/16/2024 2:21 PM
Superior Court - Middlesex
Docket Number 2481CV00996
1
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURTS
SUPERIOR COURT
MIDDLESEX DIVISION DOCKET NO.QY 3) CY 00 6 bp
CHERYL A. BOYLE,
Plaintiff
Vv.
RECEIVED
ARTHUR A. BOYLE, and
RENEE BOYLE, 4/16/2024
Defendants
and
JEANNE D’ARC CREDIT UNION,
Trustee Process Defendant
PLAINTIFF’S EMERGENCY EX-PARTE MOTION
FOR TRUSTEE PROCESS ATTACHMENT
NOW COMES Cheryl A. Boyle, Plaintiff in the above-captioned matter, and moves
pursuant to Mass.R.Civ.P. 4.2 that this Honorable Court issue an ex-parte order of Trustee Process
Attachment in the amount of $216,533.08 against the funds owned by the Defendants, Arthur A.
Boyle and Renee Boyle, held individually in their name or jointly with any other individual(s),
that are currently in the possession of Jeanne D’Arc Credit Union of 1 Tremont Place, Lowell,
Massachusetts, 01854, Trustee Process Defendant, in the above-captioned matter.
AS GROUNDS THEREFORE, Plaintiff relies on her Complaint and the Counsel Affidavit
in Support of Motion for Trustee Process filed herewith, and further states as follows:
1 The Plaintiff, Cheryl Boyle, is an individual residing at 10510 Amiata Way, #103, Fort
Meyers, Florida. (“Cheryl”)
The Defendant, Arthur A. Boyle, is an individual residing at 31 Bowers Avenue,
Tyngsboro, Middlesex County, Massachusetts. (“Arthur”)
The Defendant, Renee Boyle, is an individual residing at 31 Bowers Avenue,
Tyngsboro, Middlesex County, Massachusetts. (“Renee”)
The Trustee Process Defendant, Jeanne D’ Arc Credit Union, 1 Tremont Place, Lowell,
Massachusetts, 01854, holds funds owned by both Defendants, Renee Boyle and Arthur
Boyle, either individually or jointly.
Mass.R.Civ.P. 4.2(g) provides, in relevant part:
“An order approving trustee process for a specific amount may be entered ex parte upon
findings by the court that there is a reasonable likelihood that the plaintiff will recover
Date Filed 4/16/2024 2:21 PM
Superior Court - Middlesex
Docket Number 2481CV00996
judgment in an amount equal to or greater than the amount of the trustee process over
and above any liability insurance known or reasonably believed to be available, and
that either (i) the person of the defendant is not subject to the jurisdiction of the court
in the action, or (ii) there is a clear danger that the defendant if notified in advance of
the attachment on trustee process will withdraw the goods or credits from the hands
and possession of the trustee and remove them from the state or will conceal them, or
(iii) there is immediate danger that the defendant will dissipate the credits, or damage
or destroy the goods to be attached on trustee process. The motion for an ex parte order
shall be accompanied by a certificate by the plaintiff or his attorney of the amount of
any liability insurance which he knows or has reason to believe will be available to
satisfy any judgment against the defendant in the action. The motion, in the filing of
which the plaintiffs attorney shall be subject to the obligations of Rule 11, shall be
supported by affidavit or affidavits meeting the requirements set forth in Rule 4.1(h).”
As set forth in the Complaint and Affidavit in support of this motion, trustee process
defendant is a credit union that, according to Mr. Boyle’s April 16, 2022 Financial
Statement, holds funds owned by both Defendants.
Neither Cheryl Boyle nor her attorneys are aware of the existence of any insurance that
may be available to satisfy the judgment in this case.
Neither Arthur Boyle or Renee Boyle are an infant or in the military service as such
term is defined in Article 1 of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as
amended.
Renee Boyle is not incompetent.
10. It has been alleged that Arthur Boyle is incompetent and that Renee Boyle is his
Attorney-in-Fact under a Power of Attorney.
ll There is a clear danger that Defendants, if notified in advance of any attempt to attach
his property, will convey, conceal, or otherwise encumber the property.
12. The unpaid judgments are evidence of the Defendants’ propensity to disobey such
orders.
13 The sums owed to Plaintiff are payments that Arthur Boyle should have been making
from his pension benefits received by him each month for over 16 years. Instead,
Defendants utilized said funds to purchase real estate in Massachusetts and North
Carolina, paying for their own expenses and lifestyle, commingling the funds with their
own.
WHEREFORE, the Plaintiff requests that this Honorable Court issue an ex-parte order of
Trustee Process Attachment in the amount of $216,533.08 against the funds owned by the
Defendants, Arthur A. Boyle and Renee Boyle, held individually or jointly with any other
individual(s), that are currently in the possession of Jeanne D’ Arc Credit Union and for all further
relief this Honorable Court deems equitable and just.
Date Filed 4/16/2024 2:21 PM
Superior Court - Middlesex
Docket Number 2481CV00996
Respectfully submitted,
Cheryl A. Boyle,
y her attorney
Date: April 16, 2024 se af earn
Cheryl arrity
Attorney ior Plaintiff
Chery! Garrity, Attorney at Law
111 South Bedford St., Ste 101
Burlington, MA 01803
BBO# 559086
Phone: 781-425-6258
Email: cheryl@cherylgarrity.com
Date Filed 4/16/2024 2:21 PM
Superior Court - Middlesex
Docket Number 2481CV00996
Preview
Date Filed 4/16/2024 2:21 PM Superior Court - Middlesex Docket Number 2481CV00996 1 COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURTS SUPERIOR COURT MIDDLESEX DIVISION DOCKET NO.QY 3) CY 00 6 bp CHERYL A. BOYLE, Plaintiff Vv. RECEIVED ARTHUR A. BOYLE, and RENEE BOYLE, 4/16/2024 Defendants and JEANNE D’ARC CREDIT UNION, Trustee Process Defendant PLAINTIFF’S EMERGENCY EX-PARTE MOTION FOR TRUSTEE PROCESS ATTACHMENT NOW COMES Cheryl A. Boyle, Plaintiff in the above-captioned matter, and moves pursuant to Mass.R.Civ.P. 4.2 that this Honorable Court issue an ex-parte order of Trustee Process Attachment in the amount of $216,533.08 against the funds owned by the Defendants, Arthur A. Boyle and Renee Boyle, held individually in their name or jointly with any other individual(s), that are currently in the possession of Jeanne D’Arc Credit Union of 1 Tremont Place, Lowell, Massachusetts, 01854, Trustee Process Defendant, in the above-captioned matter. AS GROUNDS THEREFORE, Plaintiff relies on her Complaint and the Counsel Affidavit in Support of Motion for Trustee Process filed herewith, and further states as follows: 1 The Plaintiff, Cheryl Boyle, is an individual residing at 10510 Amiata Way, #103, Fort Meyers, Florida. (“Cheryl”) The Defendant, Arthur A. Boyle, is an individual residing at 31 Bowers Avenue, Tyngsboro, Middlesex County, Massachusetts. (“Arthur”) The Defendant, Renee Boyle, is an individual residing at 31 Bowers Avenue, Tyngsboro, Middlesex County, Massachusetts. (“Renee”) The Trustee Process Defendant, Jeanne D’ Arc Credit Union, 1 Tremont Place, Lowell, Massachusetts, 01854, holds funds owned by both Defendants, Renee Boyle and Arthur Boyle, either individually or jointly. Mass.R.Civ.P. 4.2(g) provides, in relevant part: “An order approving trustee process for a specific amount may be entered ex parte upon findings by the court that there is a reasonable likelihood that the plaintiff will recover Date Filed 4/16/2024 2:21 PM Superior Court - Middlesex Docket Number 2481CV00996 judgment in an amount equal to or greater than the amount of the trustee process over and above any liability insurance known or reasonably believed to be available, and that either (i) the person of the defendant is not subject to the jurisdiction of the court in the action, or (ii) there is a clear danger that the defendant if notified in advance of the attachment on trustee process will withdraw the goods or credits from the hands and possession of the trustee and remove them from the state or will conceal them, or (iii) there is immediate danger that the defendant will dissipate the credits, or damage or destroy the goods to be attached on trustee process. The motion for an ex parte order shall be accompanied by a certificate by the plaintiff or his attorney of the amount of any liability insurance which he knows or has reason to believe will be available to satisfy any judgment against the defendant in the action. The motion, in the filing of which the plaintiffs attorney shall be subject to the obligations of Rule 11, shall be supported by affidavit or affidavits meeting the requirements set forth in Rule 4.1(h).” As set forth in the Complaint and Affidavit in support of this motion, trustee process defendant is a credit union that, according to Mr. Boyle’s April 16, 2022 Financial Statement, holds funds owned by both Defendants. Neither Cheryl Boyle nor her attorneys are aware of the existence of any insurance that may be available to satisfy the judgment in this case. Neither Arthur Boyle or Renee Boyle are an infant or in the military service as such term is defined in Article 1 of the Soldiers’ and Sailors’ Civil Relief Act of 1940, as amended. Renee Boyle is not incompetent. 10. It has been alleged that Arthur Boyle is incompetent and that Renee Boyle is his Attorney-in-Fact under a Power of Attorney. ll There is a clear danger that Defendants, if notified in advance of any attempt to attach his property, will convey, conceal, or otherwise encumber the property. 12. The unpaid judgments are evidence of the Defendants’ propensity to disobey such orders. 13 The sums owed to Plaintiff are payments that Arthur Boyle should have been making from his pension benefits received by him each month for over 16 years. Instead, Defendants utilized said funds to purchase real estate in Massachusetts and North Carolina, paying for their own expenses and lifestyle, commingling the funds with their own. WHEREFORE, the Plaintiff requests that this Honorable Court issue an ex-parte order of Trustee Process Attachment in the amount of $216,533.08 against the funds owned by the Defendants, Arthur A. Boyle and Renee Boyle, held individually or jointly with any other individual(s), that are currently in the possession of Jeanne D’ Arc Credit Union and for all further relief this Honorable Court deems equitable and just. Date Filed 4/16/2024 2:21 PM Superior Court - Middlesex Docket Number 2481CV00996 Respectfully submitted, Cheryl A. Boyle, y her attorney Date: April 16, 2024 se af earn Cheryl arrity Attorney ior Plaintiff Chery! Garrity, Attorney at Law 111 South Bedford St., Ste 101 Burlington, MA 01803 BBO# 559086 Phone: 781-425-6258 Email: cheryl@cherylgarrity.com Date Filed 4/16/2024 2:21 PM Superior Court - Middlesex Docket Number 2481CV00996