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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-08
Status Open
Type Miscellaneous|Par Partition, G.l. Chapter 241
Docket 14 entries

Parties

Plaintiff Stepanishen, Steven
Defendant Stepanishen, Jr., William

Lawyers

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: 443086 Date: 08/08/2023
  4. Land Court surcharge Receipt: 443086 Date: 08/08/2023
  5. Land Court summons Receipt: 443086 Date: 08/08/2023
  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: Joseph Edward Olbrys, Esq. [email protected] Sent On: 08/15/2023 12:18:55
  8. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 10/02/2023 Time: 11:30 AM Counsel notified via email.
  9. Summons returned to Court with service on William Stepanishen, Jr. filed. Served IN HAND on August 11, 2023.
  10. Event Resulted: Case Management Conference scheduled on: 10/02/2023 11:30 AM Has been: Rescheduled to October 17, 2023 at 10:00 am via zoom. Hon. Diane R. Rubin, Presiding
  11. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 10/17/2023 Time: 10:00 AM Counsel notified via email.
  12. Case Management Conference Joint Statement, filed.
  13. Appearance of David T Norton, Esq. for William Stepanishen, Jr., filed
  14. Event Resulted: Case Management Conference scheduled on: 10/17/2023 10:00 AM Has been: Initial case management conference held via videoconference. Attorney Joseph Olbrys appeared on behalf of petitioner, and Attorney David Norton appeared on behalf of respondent. Before the court is the Complaint and Case Management Conference Joint Statement in each of the three related partition cases 23 MISC 000378, 23 MISC 000379, 23 MISC 000380. By way of background, Attorney Olbrys explained that petitioner and respondent are brothers who inherited the three properties in these cases as tenants-in-common upon probate of their mother's estate. The three properties, in the order the petitions were filed, are (1) 10-12 Leeward Lane, West Dennis, Barnstable County, Massachusetts, 02670; (2) 30 Mohawk Road, Canton, Norfolk County, Massachusetts, 02021; and (3) 6 Elliot Drive, West Dennis, Barnstable County. The respondent currently resides in the Mohawk Road property. Counsel reported that parties have been working together amicably to partition the properties, have retained the services of a broker to render a broker's estimate of value on each of the properties, and that respondent would like to remain in the Mohawk Road property and purchase by set off. Petitioner, who lives out of state, may also seek an accounting depending on whether a negotiated agreement is achievable. Following colloquy, court to consolidate these cases for case management purposes only. Further, parties to continue their efforts to value the properties and achieve a negotiated resolution. By January 4, 2024, counsel to file a Joint Status Report detailing their progress. Status conference scheduled for January 11, 2024, at 11:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.

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