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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-22
Status Open
Type Miscellaneous|E Filed Par Partition, G.l. Chapter 241
Docket 24 entries

Parties

Plaintiff Degnan, John M.
Defendant Jarvis Forcier, Sylvia

Lawyers

Docket Entries

  1. Case assigned to the Average Track per Land Court Standing Order 1:04.
  2. Land Court miscellaneous filing fee Receipt: 443481 Date: 08/22/2023
  3. Land Court surcharge Receipt: 443481 Date: 08/22/2023
  4. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  5. Complaint eFiled.
  6. Appearance of George P Kiritsy, Esq. for John M. Degnan, filed
  7. Motion to Appoint Paul Cranston, Esq. as Commissioner, filed.
  8. Assent to Petition, filed.
  9. Motion for Issuance of Citation, filed.
  10. Affidavit of Atty. George P. Kiritsy, Esq., of Recording Notice of Petition, filed.
  11. The case has been assigned to the A Track. Notice sent. Judge: Roberts, Hon. Jennifer S.D. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected]
  12. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 09/26/2023 Time: 09:00 AM Email notice to: Attorney George P. Kiritsy.
  13. Summons returned to Court with service on Sylvia Jarvis Forcier filed. 09/08/2023: Service by leaving at the last and usual place of abode and by mailing 1st class.
  14. Event Resulted: Case Management Conference scheduled on: 09/26/2023 09:00 AM Has been: Held via video. Attorney George P. Kiritsy appeared for plaintiff and no appearance was made by or on behalf of the defendant. Attorney Kiritsy reported that, to the best of his knowledge, the defendant continues to reside at the property, and that he has not had any communication with the defendant since she was served. Accordingly, the court will enter an order appointing a commissioner. Email notice to: Attorney George P. Kiritsy. Hon. Jennifer S.D. Roberts, Presiding
  15. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected]
  16. In accordance with SJC Rule 1:07, the following fee generating appointment was made: Candace A Nichols, Esq. appointed as Partition Commissioner (Western Counties) On 09/26/2023 by Hon. Jennifer S.D. Roberts
  17. Interim Order Appointing Candace A. Nichols, Esq., as Partition Commissioner, issued. (Copies emailed to Attorneys George Kiritsy and Candace Nichols) Judge: Roberts, Hon. Jennifer S.D.
  18. Event Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Case Management Conference VIA ZOOM Date: 10/18/2023 Time: 09:30 AM Email notice to: Attorney George P. Kiritsy; Pro Se Respondent Sylvia Jarvis Forcier; and Commissioner Candace A. Nichols, Esq.
  19. Signed Commissioner's Oath, filed.
  20. Statement of Petitioner, filed.
  21. Event Resulted: Case Management Conference scheduled on: 10/18/2023 09:30 AM Has been: Held via video Hon. Jennifer S.D. Roberts, Presiding October 18, 2023 - Case Management Conference held via videoconference. Attorney George P. Kiritsy appeared for the plaintiff, defendant Sylvia J. Forcier ("Ms. Forcier") appeared pro se; and Candace A. Nichols appeared as the Commissioner ("Commissioner Nichols"). Attorney Kiritsy reported that he has briefly spoken with Ms. Forcier and that she said she would be hiring an attorney. Attorney Kiritsy also reported that he has spoken with Commissioner Nichols. Ms. Forcier reported that she has not spoken to the plaintiff in several years and would like time to hire an attorney. The court explained to Ms. Forcier the purpose of a partition proceeding, the general rule about the allocation interests of between two joint owners, the credits a party can receive based on payments made towards property expenses, and the purpose of appointing a commissioner. The court also explained that, if the parties can come to an agreement on the allocation of interests and the fair market value of the property, the costs of the partition will be lower than if a commissioner remains involved. Accordingly, the court asked that the parties exchange any evidence of payments made toward the property expenses by November 17, 2023 (down payment, mortgage, real estate taxes, insurance, necessary maintenance). After the information is exchanged, the parties are encouraged to engage in discussions over the allocation of interests and the fair market value of the property. Commissioner Nichols reported that she has not heard from Ms. Forcier, but she has already begun work on the case, including contacting a broker, and is ready to move to the next steps when appropriate. Commissioner Nichols also clarified that the parties are joint tenant, not tenants in common. The court put Commissioner Nichols' commission on hold pending discussions between the parties. The court scheduled a further status conference for December 15, 2023 at 9:00 a.m. (Roberts, J.) MM, law clerk.
  22. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference Date: 12/15/2023 Time: 09:00 AM
  23. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Commissioner: Candace A Nichols, Esq. [email protected] Defendant: Sylvia Jarvis Forcier [email protected] Sent On: 10/18/2023 12:43:22 Notice of Docket Entry was generated and sent to: Plaintiff: George P Kiritsy, Esq. [email protected] Commissioner: Candace A Nichols, Esq. [email protected] Defendant: Sylvia Jarvis Forcier [email protected] Sent On: 10/18/2023 12:43:32
  24. Scheduled Judge: Roberts, Hon. Jennifer S.D. Event: Status Conference Date: 12/15/2023 Time: 09:00 AM

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