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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-10-31
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 57 entries
Disposition judgment entered

Parties

Plaintiff Garreffi, Michael
Defendant Garreffi, Michele

Lawyers

Docket Entries

  1. Judgment Confirming Partition entered. (Copies emailed to Attornrys Alison Bartlett-O'Donald, Amanda Jordan, and Candace Nichols) Judge: Speicher, Hon. Howard P.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 435516 Date: 10/31/2022
  4. Land Court surcharge Receipt: 435516 Date: 10/31/2022
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. Event Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 12/15/2022 Time: 10:30 AM
  7. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Alison M Bartlett-O'Donald, Esq. [email protected] Sent On: 11/09/2022 15:18:45
  8. Affidavit of Notice of Petition for Partition,filed.
  9. Appearance of Regina Perry-Abbott, Esq. for Michele Garreffi, filed
  10. Defendant's Case Management Statement,filed
  11. Plaintiff's Case Management Statement,filed.
  12. Case management conference held by videoconference. Early intervention event held. Attorneys Allison Bartlett-O'Donald and Regina Perry-Abbott appeared. Attorney Bartlett-O'Donald to report to the court by January 13, 2023 with respect to whether the parties have reached an agreement as to how the property will be sold and how the proceeds will be distributed. Absent a report that the case is settled, court to promptly appoint a partition commissioner after January 13, 2023.
  13. Alternative Dispute Resolution: Early Intervention Event held. Judge: Speicher, Hon. Howard P.
  14. 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 01/13/2023 by Hon. Howard P. Speicher
  15. Interim Order Appointing Candace A. Nichols, Esq., Partition Commissioner, for Property at 35-37 Woodland St., Springfield, MA, issued. (Copies emailed to Attorneys Alison Bartlett-O'Donald, Regina Perry-Abbot, and Candace Nichols) Judge: Speicher, Hon. Howard P.
  16. Commissioners OATH,filed.
  17. Candace A. Nichols, Commissioner's Estimate of Time and Charges Anticipated, filed.
  18. Commissioner's Report, filed.
  19. Motion to Issue Warrant (and Waive or allocate Cost of Bond), filed.
  20. Scheduled Judge: Speicher, Hon. Howard P. Event: Motion to Issue Warrant (and Waive or allocate Cost of Bond) Date: 05/09/2023 Time: 10:00 AM
  21. Withdrawal of Regina Perry-Abbott, Esq. for Michele Garreffi, filed
  22. Appearance of Amanda Lee Jordan, Esq. for Michele Garreffi, filed
  23. Hearing on the Commissioner's Motion to Issue Warrant and Waive or allocate Cost of Bond held by videoconference. Attorneys Alison M Bartlett-O'Donald and Amanda Lee Jordan appeared. Commissioner Candace Nichols also appeared. The parties indicated that there are no objections to the Commissioner's Motion to Issue Warrant. Court to issue a warrant authorizing Commissioner Nichols to place the property on the market for an initial listing price of $299,900.
  24. Warrant to Commissioner Candace A. Nichols, Esq., to Sell by Private Sale 35-37 Woodland St., Springfield, MA, issued. (Copies emailed to Attorneys Alison Bartlett-O'Donald, Amanda Jordan, and Candace Nichols) Judge: Speicher, Hon. Howard P.
  25. Motion to Gain Entry, filed.
  26. Scheduled Judge: Speicher, Hon. Howard P. Event: Motion to Gain Entry Date: 06/20/2023 Time: 11:15 AM
  27. Event Resulted: Motion scheduled on: 06/20/2023 11:15 AM Has been: Rescheduled Hon. Howard P. Speicher, Presiding
  28. Scheduled Judge: Speicher, Hon. Howard P. Event: Motion to Gain Entry Motion for a Rule 70 Order Date: 07/13/2023 Time: 10:00 AM
  29. Oath,filed.
  30. Motion for a Rule 70 Order, filed.
  31. Hearing on Commissioner's Rule 70 Motion and Commissioner's Motion to Gain Entry held by videoconference. Attorneys Alison Bartlett-O'Donald and Amanda Lee Jordan appeared. Commissioner Candace Nichols also appeared. Following argument, the Commissioner's motion to gain entry is ALLOWED. Respondent Michelle Garreffi is ORDERED to comply with this court's Warrant issued on May 9, 2023, including but not limited to by providing Commissioner Nichols and her broker with full access to the property to the extent deemed necessary by the Commissioner to market the property and show the premises. The respondent is reminded that refusal to comply with the requirements of paragraph 10 of the Warrant will result in financial consequences to the respondent upon the division of proceeds from the eventual sale of the property. The court took no action for now on the Commissioner's Rule 70 motion.
  32. Motion to Accept Offer of $341,500.00 and Approval Form Purchase Agreement and extend date Prelim for Accounting,filed.
  33. Certificate of Service, filed.
  34. Letter, filed.
  35. Scheduled Judge: Speicher, Hon. Howard P. Event: Motion to Accept Offer of $341,500.00 and Approval Form Purchase Agreement and extend date Prelim for Accounting Date: 08/03/2023 Time: 2:30 PM
  36. Hearing on Commissioner's Motion to Accept Offer of $341,500.00, Approve Form Purchase Agreement and Extend the Date to Render a Preliminary Accounting held by videoconference. Attorneys Alison Bartlett-O'Donald and Amanda Lee Jordan appeared. Commissioner Candace Nichols also appeared. Following colloquy, and no objections having been made, the Commissioner's motion is ALLOWED. The court approves the sale of the property subject to the court's final approval, without a hearing, of a signed purchase and sale agreement to be submitted by the Commissioner. The Commissioner is authorized to sell the property by September 30, 2023, and to file a preliminary accounting with the court by September 14, 2023.
  37. Motion to Perform GPA Tank Location Test, filed and Allowed.
  38. Certificate of Service, filed.
  39. Cover Letter, filed.
  40. Motion to Vacate, filed.
  41. Letter re: Motion to Vacate, filed.
  42. Certificate of Service, filed.
  43. Motion to Vacate, ALLOWED. SO ORDERED. Judge: Speicher, Hon. Howard P.
  44. Motion for Protective Order and/or Stay Rule 70 Order, filed.
  45. Scheduled Judge: Speicher, Hon. Howard P. Event: Motion for Protective Order and/or Stay Rule 70 Order Date: 08/30/2023 Time: 02:00 PM
  46. Hearing on respondent's motion for a stay of Rule 70 order to vacate held by videoconference. Attorneys Alison Bartlett-O'Donald and Amanda Lee Jordan appeared. Commissioner Candace Nichols also appeared. Attorney Jordan provided an update to the court on the respondent's plans to empty and vacate the subject property. Given Attorney Jordan's representation that the property will be available for the Commissioner by September 4, 2023, the Court's order to vacate is STAYED until September 5, 2023.
  47. Commissioner Corporate Bond Cover Letter, filed.
  48. Commissioner Corporate Bond, filed.
  49. Letter, filed.
  50. Certificate of Service, filed.
  51. Motion for Allowance of Accounting, filed.
  52. Accounting dated October 9, 2023, filed.
  53. Motion for Allowance of Accounting, ALLOWED. Commissioner to submit final report certifying details of the transaction contemplated by the Warrant, including the sale of the property and the recording of the Commissioner's deed. Judge: Speicher, Hon. Howard P.
  54. Amended Accounting dated October 9, 2023, filed and Allowed.
  55. Cover Letter, filed.
  56. Return of Warrant, filed.
  57. S.J.C Rule 1:07 Statement of Payment, filed.

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