FRANK J. FRISOLI, PC
FRISOLI AND FRISOLI
ATTORNEYS AT LAW
797 CAMBRIDGE STREET
CAMBRIDGE, MASSACHUSETTS 02141
October 27, 2008
Dear Ms. Daniel,
As you are aware, the Gloucester District Court entered an order requiring you to comply with the settlement agreement dated August 16, 2007 and suspended, at my request, the sentence of the 20 days in the House of Corrections that had been imposed upon you for violation of order of the court. Now that your frivolous action to set aside the judgment and revoke the execution held by my client has been dismissed by the Superior Court, you need to deal with me to resolve these outstanding issues or I will proceed to bring the matter back before Gloucester District Court and ask that the court revoke its suspension of the sentence previously imposed upon you. I will also seek additional sanctions by reason of your failure to comply with the agreement.
I have spoken with Coldwell Banker relative to the possibility of re-listing [your house] for sale. I am requesting that you make the premises available for inspection…. If you are not agreeable to permitting the inspection of the premises, please advise me so I do not waste my time driving to Gloucester…. I will be accompanied by the realtor Ginger Attaya and Attorney Orestes Brown when I visit as we would like to re-evaluate the marketability of the property at this time.
I understand your attorney has been quoted in the press as advising that you intend to appeal the dismissal of the litigation you filed seeking to vacate the judgment and revoke the execution. By this time I am sure you have the benefit of counsel’s advice as to the probability of success with respect to such appeal. I am suggesting that you clearly understand that the only possible benefit you could incur from appealing is trying to delay the inevitable and that there is no reasonable basis to appeal as the decision of the court is consistent with the law. If you are seeking to delay the sale of the property, I am willing to discuss with you the possibility of you making some additional payments on the outstanding execution in consideration of our agreement to defer action with respect to the sale of the real estate…. In light of the fact that you are in breach of the agreement, one remedy I have available to me is seeking an order that you vacate the house immediately and take possession of same. While I am not seeking to do that at this time, it remains an alternative that will be considered in the future.
In short, I am sending you this letter advising you that you need to talk to me about the present situation so we can reach some understanding or I will take further action at Gloucester District Court which I am sure will prove unpleasant to you. While I prefer to resolve this matter in a reasonable manner through negotiation with you and your attorney, I will deal with it however I have to, based on your response or lack thereof.
Very truly yours,Frank J. Frisoli, Esq.
Update: On October 28, 2008, my attorney, Joseph Orlando, filed a Notice of Appeal of the order of the court dismissing my complaint against Misha Defonseca for fraud on the court. — Jane Daniel