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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-03-07
Status Open
Type Miscellaneous|Par Partition, G.l. Chapter 241
Docket 30 entries

Parties

Plaintiff Clayton, Terence C.|Clayton, Karen S.
Defendant Clayton, Olanzo M.

Docket Entries

  1. Complaint filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 438824 Date: 03/07/2023 Reverse Receipt: 438824 Date: 03/07/2023 Reverse by: 439125 Receipt Reversal Reason: Non-Sufficient Funds-Bad Check Reverse Amount: 240.00 Reverse Comments: Bank of America NSF notice. The check from Tariri Law Office was returned because: Closed Account. Requested replacement. Receipt: 439882 Date: 04/06/2023
  4. Land Court surcharge Receipt: 438824 Date: 03/07/2023 Reverse Receipt: 438824 Date: 03/07/2023 Reverse by: 439125 Receipt Reversal Reason: Non-Sufficient Funds-Bad Check Reverse Amount: 15.00 Reverse Comments: Bank of America NSF notice. The check from Tariri Law Office was returned because: Closed Account. Requested replacement. Receipt: 439882 Date: 04/06/2023
  5. Land Court summons Receipt: 438824 Date: 03/07/2023 Reverse Receipt: 438824 Date: 03/07/2023 Reverse by: 439125 Receipt Reversal Reason: Non-Sufficient Funds-Bad Check Reverse Amount: 5.00 Reverse Comments: Bank of America NSF notice. The check from Tariri Law Office was returned because: Closed Account. Requested replacement. Receipt: 439882 Date: 04/06/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Terence C. Clayton Trustee of Clayton Irrevocable Trust No addresses available Defendant: Olanzo M. Clayton No addresses available Sent On: 03/17/2023 09:55:43
  8. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 04/18/2023 Time: 10:30 AM
  9. Order to Show Cause, issued. (Copies mailed via USPS to Pro Se Parties Terence Clayton, Karen Clayton, and Olanzo Clayton) Judge: Foster, Hon. Robert B.
  10. Case Management Memorandum, filed.
  11. Event Resulted: Case Management Conference scheduled on: 04/18/2023 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 18, 2023. Attorney Morjieta Derisier appeared. Order to Show Cause has been satisfied. Continued case management conference set down for May 19, 2023 at 9:45 AM by Zoom. Attorney Derisier to serve other parties with notice of case management conference. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  12. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Sheryl Furnari, Esq. [email protected] Plaintiff: Morjieta K Derisier, Esq. [email protected] Plaintiff: Terence C. Clayton Trustee of Clayton Irrevocable Trust 24 Evans Street, Boston, MA 02124 Defendant: Olanzo M. Clayton 10 Winter Street, Quincy, MA 02169 Sent On: 04/18/2023 14:23:25
  13. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 05/19/2023 Time: 09:15 AM
  14. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 05/19/2023 Time: 09:45 AM
  15. Event Resulted: Case Management Conference scheduled on: 05/19/2023 09:45 AM Has been: Continued Hon. Robert B. Foster, Presiding
  16. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 05/26/2023 Time: 09:15 AM
  17. Motion for Special Process Server, filed.
  18. Notice of Docket Entry: Motion for Special Process Server ALLOWED. (Notice of docket entry sent via masscourts & email to all parties / counsel of record) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Sheryl Furnari, Esq. [email protected] Plaintiff: Morjieta K Derisier, Esq. [email protected] Plaintiff: Terence C. Clayton Trustee of Clayton Irrevocable Trust 24 Evans Street, Boston, MA 02124 Defendant: Olanzo M. Clayton 10 Winter Street, Quincy, MA 02169 Sent On: 05/23/2023 14:41:06
  19. Summons returned to Court with service on Olanzo M. Clayton filed.
  20. Event Resulted: Case Management Conference scheduled on: 05/26/2023 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding May 26, 2023. Attorney Morjieta Derisier appeared. Olanso Clayton and Terence Clayton appeared pro se. Olanso Clayton and Terence Clayton sworn. This is a partition case. This case concerns a three-unit property owned by three siblings as tenants in common. The parties agree that the property will be sold but have disputes and intend to raise claims over distribution of proceeds from the sale. As Terence Clayton is appearing as a trustee, court encouraged him to consider acquiring legal counsel or joining with Attorney Derisier if his interests align with Karen Clayton. All parties encouraged to acquire legal counsel. Attorney Derisier to file current certificate of title with the court. Parties to confer and decide if they can reach an agreement about marketing the property. At the same time as property is being marketed, parties would be expected to begin gathering documents and information to account for their claims over distribution of proceeds from the sale, including but not limited to rent collected, taxes and insurance paid, repairs, and improvements to the property. Status conference set down for June 26, 2023 at 10:15 AM by Zoom. (Notice of docket entry sent via email & mail to all parties / counsel of record)
  21. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/30/2023 Time: 11:00 AM
  22. Appearance of Vesper G Barnes, Esq. for Terence C. Clayton Trustee of Clayton Irrevocable Trust, filed
  23. Motion to Continue, filed.
  24. Notice of Docket Entry: Motion for Continuance ALLOWED. The June 30, 2023 status conference is continued to July 24, 2023 at 9:30 am by Zoom. Notice of Docket Entry was generated and sent to: Plaintiff: Vesper G Barnes, Esq. [email protected] Plaintiff: Sheryl Furnari, Esq. [email protected] Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Olanzo M. Clayton 10 Winter Street Apt 212, Quincy, MA 02169 Sent On: 06/27/2023 10:43:17 Notice of Docket Entry was generated and sent to: Plaintiff: Vesper G Barnes, Esq. [email protected] Plaintiff: Sheryl Furnari, Esq. [email protected] Plaintiff: Morjieta K Derisier, Esq. [email protected] Defendant: Olanzo M. Clayton 10 Winter Street Apt 212, Quincy, MA 02169 Sent On: 06/27/2023 10:43:21
  25. Event Resulted: Status Conference scheduled on: 06/30/2023 11:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  26. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/24/2023 Time: 09:30 AM
  27. Event Resulted: Status Conference scheduled on: 07/24/2023 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 24, 2023. Status conference held by Zoom. Attorneys Morjieta Derisier and Vesper Gibbs-Barnes appeared. Olanso Clayton appeared pro se. Olanso Clayton sworn. The court finds, and the parties agree, that each of the three siblings in this case own 1/3 undivided interest in the property as tenants in common. The parties report that the property has been appraised. Plaintiffs to provide a copy of the appraisal to Olanso Clayton. Olanso Clayton reports that he is searching for an attorney. The parties intend to engage in discussions to attempt to reach an agreement on payment of taxes, sale or buyout of property, and other issues. Status conference set down for August 18, 2023 at 9:00 AM by Zoom. If Olanso Clayton retains an attorney, the attorney should file an appearance in this case right away.
  28. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Vesper G Barnes, Esq. [email protected] Plaintiff: Sheryl Furnari, Esq. [email protected] Sent On: 07/25/2023 09:43:56
  29. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/18/2023 Time: 09:00 AM
  30. Event Resulted: Status Conference scheduled on: 08/18/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 18, 2023. Status conference held by Zoom. Attorneys Morjieta Derisier and Vesper Gibbs-Barnes appeared. Olanso Clayton appeared pro se. Olanso Clayton sworn. Attorney Gibbs-Barnes reports that she has mailed a copy of the appraisal to Olanso Clayton, as does not have email. The parties have been unable to reach an agreement on payment of taxes, sale or buyout of property, and other issues. Parties are referred to attorney Barbara Macy for mediation. Parties to provide a joint status report, with attorney Derisier taking the leading role in preparing the report, by September 6, 2023, on the status of discussions with attorney Macy. Based on the report, the court will decide whether to appoint a commissioner. Petitioners' request to charge entire commissioner's fees to respondent is DENIED. Petitioners will continue to pay real estate taxes, until further order of the court. Petitioners will be entitled to recover respondent's share of taxes from purchase proceeds.

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