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Case Information
Filed
2023-03-31
Status
Open
Type
Par Partition, G.l. Chapter 241
Docket
45 entries
Parties
Plaintiff
Rodriguez Colon, Jose A.
Defendant
Delacruz, Francisca A.
Lawyers
Docket Entries
- Notice of Docket Entry: Oct. 29, 2025. The commissioner's fourth report is APPROVED by the court, no timely objection having been filed by any party. The commissioner's motion to approve the terms of the purchase and sale agreement and to approve the sale upon the terms of the purchase and sale agreement, and to extend the deadline for the sale is ALLOWED by the court, without objection by any party. The court authorizes the sale pursuant to the purchase and sale agreement to occur not later than December 1, 2025. The commissioner's motion to take evidence is ALLOWED by the court, without objection. Commissioner Ewer is authorized to take evidence, in a manner consistent with Mass. R. Civ. P. 53, in accordance with the provisions of the warrant for sale of the locus issued by the court, including, without limitation, pursuant to paragraph 5 of that warrant. The allowance of these motions is subject to the provisions of the warrant for sale issued by the court, to the extent applicable and as modified by later orders of the court, including, but not limited to, the condition that, as set forth in the warrant, prior to selling the property, and prior to receipt of the net proceeds of the sale to be held by him in escrow, the commissioner is required to give bond in the amount of the gross purchase price. The reasonable costs of the bond are to be borne equally by the owners. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Commissioner: Raymond S Ewer, Esq. [email protected] Defendant: Francisca A. Delacruz [email protected] Sent On: 10/29/2025 13:15:30 Email notice to counsel, defendant and commissioner on 10/29/2025.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 439676 Date: 03/31/2023
- Land Court surcharge Receipt: 439676 Date: 03/31/2023
- Land Court summons Receipt: 439676 Date: 03/31/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 04/03/2023 12:19:20
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 04/21/2023 Time: 10:00 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 04/03/2023 12:28:01
- Certificate of Service (of Case Management Conference Notice and Order), filed.
- Summons returned to Court with service on Francisca A. Delacruz filed. Service completed on April 11, 2023 by delivering a copy of the summons, complaint and notice of case management conference at the defendant's last and usual place of abode.
- Letter from Defendant Francisca Delacruz, filed.
- Event Resulted: Case Management Conference scheduled on: 04/21/2023 10:00 AM Has been: Rescheduled For the following reason: Request of Defendant(s) Hon. Gordon H. Piper, Presiding
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 04/21/2023 Time: 11:00 AM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 04/19/2023 10:01:07
- (Plaintiff's) Joint Case Management Conference Statement, filed.
- Event Resulted: Case Management Conference scheduled on: 04/21/2023 11:00 AM Has been: Held via video Hon. Gordon H. Piper, Presiding April 21, 2023. Case management conference held via videoconference. Early intervention event held. Attorney Michael Feinman, Esq. appeared for plaintiff. Attorney Marcus Scott, Esq. appeared for defendant; he is at once to transmit an appearance form to the court. Foreign Language Interpreter Juliana Cardenas (Spanish and Portugese) also attended the hearing on ZOOM by arrangement with the Office of Language Access, and was sworn to interpret. Counsel confirmed that petitioner in this action seeks to partition the property at 57-59 Walnut Street in Lawrence, which is improved with a multi-family residential building. The respondent currently resides in one of the units in the dwelling on the property, and also rents out other space in the dwelling. The petitioner has not resided at the property since approximately January 2022. Counsel agreed that there is no dispute as to the state of title, and that the parties hold the property as equal joint tenants as a matter of record title. Counsel further indicated that they do not believe that the property can be divided physically without substantial hardship, and that instead there should be either a set-off by which one party buys out the interests of the others, or a private sale to a third party. Attorney Scott indicated that respondent Francisca Delacruz is interested in purchasing the interest of the petitioner in the property. Attorney Feinman indicated petitioner's position to be that the market value of the property is approximately $700,000 (no formal appraisal having been completed), while Attorney Scott indicated that, owing to some damage at the dwelling, respondent believes that its value is somewhat lower. Counsel reported that there was a mortgage on the property, securing a loan in the principal original sum of approximately $460,000, and that there are no additional liens or encumbrances on the property. Counsel further indicated that all taxes and mortgage payments on the property are current, and the property is insured. Court explained that co-owners of property in the Commonwealth have an absolute right to partition per G. L. c. 241, and that, should it prove infeasible to physically divide the property, the only possible outcomes in this particular case will be either (1) sale to a third party followed by distribution of the proceeds to the parties in accordance with their ownership shares, as equitably adjusted, if indicated, or (2) an agreement among the parties in which petitioner or one (or more) of the respondents purchases the other's interest in the property, and thereby becomes sole owner. Either of these two outcomes may be accomplished just as well by agreement of the parties without the involvement of the court. Proceeding by agreement, rather than a partition fully overseen by the court and carried out by a commissioner the court will need to appoint, will, if possible, be more efficient and less expensive to the parties, who thereby will be able to preserve more of the equity in the locus. If the parties cannot agree, and this case progresses in the normal course, the court will be compelled to appoint a partition commissioner to oversee disposition of the property. As the expenses and fees incurred by the commissioner (which may be considerable) in investigating and disposing of the property ultimately will be paid by the parties, court strongly advised parties to confer and use best efforts to arrive at consensual resolution of this case that does not require the appointment of a commissioner, and to consider utilizing mediation to facilitate a mutually agreeable settlement. Counsel agreed that the petitioner and respondent were amenable to attempting to reach a negotiated settlement and were willing to begin such efforts between counsel informally or, should the need arise, with the assistance of a trained neutral. Court advised counsel to begin promptly attempts at negotiating a settlement agreement, including engagement of a mediator. The court can assist the parties in arranging for a mediator by referring them to the court-affiliated ADR providers, if requested. By close of business on June 21, 2023, parties to file joint report indicating (1) whether or not the matter is ready to settle, without providing details of the settlement terms, and (2) whether the parties have undertaken mediation, with whom, and on what date, or whether the parties have scheduled a mediation, with whom, and on what date. Court will proceed to appoint partition commissioner at that time if not satisfied that the matter is settled or near settlement. Otherwise, (unless otherwise ordered on court's own motion, or that of any party showing good cause) court to defer appointment of partition commissioner to permit parties to use best efforts to arrive at consensual resolution of this case. Counsel agreed to accept service of pleadings and other court filings electronically. Counsel advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings with the court to be made electronically and by mailing of hard copies to the court, with indication that electronic filings were made simultaneously. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 04/25/2023 11:14:40
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Piper, Hon. Gordon H.
- Status Report, filed.
- Order to File Attorney Appearance, issued. (Copies emailed to Attorneys Michael Feinman and Marcus Scott) Judge: Piper, Hon. Gordon H.
- Notice of Docket Entry: June 15, 2023. On April 21, 2023, the court conducted via videoconference an initial case management conference in this partition case. Attorney Marcus Scott appeared and participated on behalf of defendant Francisca Delacruz. The court ordered Mr. Scott, in light of his appearance in court at this conference, to at once file an appearance form in writing on behalf of his client, providing the necessary contact information. On May 9, 2023, the court issued an order directing the filing of that appearance form. To date, it has not been received. The court will hold a hearing via ZOOM on Wednesday, June 28, 2023 at 10:25 am to hear good cause, if any exists, why the appearance form has not been filed as undertaken by counsel and directed by the court, and to determine the status of Mr. Scott's appearance on behalf of the defendant. Mr. Scott is directed to serve immediately notice of this hearing, with the court-supplied ZOOM access information, on his client, Ms. Delacruz, so that she may participate. At the same date and time, the court will consider the status of this case, and the next steps needed to advance the matter, including, without limitation, the appointment of a partition commissioner. (Piper, C.J.) Judge: Piper, Hon. Gordon H. Notice of Docket Entry was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 06/15/2023 15:32:54 Notice sent via email to: Marcus Scott at marcus scottlawgrp.com Michael B Feinman, Esq. [email protected] Sent On: 6/15/2023 at 3:37 pm
- Scheduled Judge: Piper, Hon. Gordon H. Event: Hearing Date: 06/28/2023 Time: 10:25 AM (via videoconference) Notice of Event was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Sent On: 06/15/2023 15:42:24 Notice sent via email to: Marcus Scott at marcus scottlawgrp.com Michael B Feinman, Esq. [email protected] Sent On: 6/15/2023 at 3:46 pm Follow-up email sent on 6/27/2023 at 12:22 pm to: Marcus Scott at marcus scottlawgrp.com Michael B Feinman, Esq. [email protected]
- In accordance with SJC Rule 1:07, the following fee generating appointment was made: Raymond S Ewer, Esq. appointed as Partition Commissioner (Northern Counties) On 06/28/2023 by Hon. Gordon H. Piper
- Event Resulted: Hearing scheduled on: 06/28/2023 10:25 AM Has been: Held via video Hon. Gordon H. Piper, Presiding June 28, 2023. Hearing held to determine the status of Attorney Marcus Scott, Esq.'s representation of the defendant via videoconference. Attorney Michael Feinman, Esq. appeared for the plaintiff. Attorney Marcus Scott, Esq. appeared. Defendant Francisca Delacruz appeared on her own behalf. Foreign Language Interpreter Nicole Brunelle (Spanish) attended the hearing on ZOOM by arrangement with the Office of Language Access and was sworn to interpret. Defendant confirmed to the court that she intended to proceed in this case pro se, without the assistance of an attorney, and that she had informed Attorney Scott that she no longer required his services. Court observed that defendant is entitled to continue to represent herself, but that the court is obliged to hold defendant, even if proceeding pro se, to the same rules, standards, and law as if she were represented by counsel. Mr. Scott was excused by the court from further appearance on behalf of the defendant. This case is a partition action concerning a property known as and located at 57-59 Walnut Street in Lawrence, Massachusetts, improved by a single-family dwelling ("Property"). The plaintiff and defendant hold title to the property as joint tenants. The court discussed with the defendant the opportunity for her to "buy-out" the plaintiff's one-half interest in the Property. The defendant expressed an unwillingness to participate in mediation to reach a settlement, including for defendant to buy-out the plaintiff's interest in the Property, preferring to proceed with this partition action. The court explained that the next steps in this partition action, without the prospect of settlement between the parties, would be to proceed to appoint a partition commissioner to undertake the investigation and eventual sale of the property. Court will proceed to issue an interim warrant appointing a partition commissioner. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Michael B Feinman, Esq. [email protected] Defendant: Francisca A. Delacruz [email protected] Sent On: 06/29/2023 13:06:28
- Notice of Appearance of Francisca Delacruz (pro se), filed.
- Interim Order Appointing Raymond S. Ewer, Esq., Partition Commissioner, 57-59 Walnut St., Lawrence, MA, issued. (Copies emailed to Attorneys Michael Feinman and Raymond Ewer, and Pro Se Respondent Francisca Delacruz) Judge: Piper, Hon. Gordon H. Commissioner's Oath returned on August 11, 2023
- Estimate of Partition Commissioner of Anticipated Time and Charges, filed.
- First Report of Partition Commissioner, filed.
- Notice sent to Raymond S Ewer, Esq. Raymond S. Ewer, Esq. regarding compliance with SJC Rule 1:24 redaction of personal identifying information.
- First Report of Partition Commissioner (redacted), filed.
- Commissioner's Report for Proposed Appraisal, filed.
- Commissioner's Report Concerning Proposed Roof Repair, filed.
- Motion (Assented-to) by Partition Commissioner to Extend Deadline for Filing Report, filed.
- Report by Partition Commissioner of Appraisal of Property, filed [courtesy copy received December 8, 2023].
- Commissioner's Second Report, filed [courtesy copy received January 10, 2024].
- Motion to Withdraw as Counsel for Plaintiff, filed.
- Notice of Withdrawal of Motion to Withdraw of Attorney Feinman, filed.
- Motion for Status Conference, filed.
- Warrant to Commissioner Raymond S. Ewer, Esquire, to Sell by Private Sale 57-59 Walnut Street, Lawrence, Massachusetts, issued. (Copy emailed to Attorneys Michael B Feinmand and Raymond S Ewer) Judge: Piper, Hon. Gordon H.
- Third Report of Partition Commissioner, filed.
- Emergency Motion for Order Authorizing Commissioner to Take Certain Actions, filed.
- Proposed Order Authorizing Commissioner to Take Certain Actions, filed.
- Affidavit of John Beckshaw, filed.
- Order to Facilitate Inspection and Marketing of and Access to Property, issued. Judge: Piper, Hon. Gordon H.
- Fourth Report (First Warrant Report) by Partition Commissioner, filed.
- Motion by Commissioner to: Approve the Terms of the Purchase and Sale Agreement ("P&S"), approve the sale upon the Terms of the P&S, and Extend the Deadline for the Sale, filed.
- Motion by Commissioner to Take Evidence relevant to the Adjustments to the Shares of the Owners, filed.
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