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Case Information
Filed
2024-05-14
Status
Closed
Type
Par Partition, G.l. Chapter 241
Docket
27 entries
Disposition
disposed
Parties
Plaintiff
Mc Fadden, Justin P.
Defendant
Freeman, Jamie A.
Docket Entries
- August 26, 2024. Land Court file sent to Suffolk County Probate and Family Court.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 450450 Date: 05/14/2024 Reverse Receipt: 450450 Date: 05/14/2024 Reverse by: 450595 Receipt Reversal Reason: Refund Reverse Amount: 240.00 Reverse Comments: Affidavit of indigency granted - [Tuesday, May 21, 2024 8:40 AM] Dismissed Type: Indigency Dismissed Date: 05/21/2024 Dismissed Amount: 240.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Affidavit of Indigency [Tuesday, May 21, 2024 8:40 AM] Dismissed By: SHEGARTY
- Land Court surcharge Receipt: 450450 Date: 05/14/2024 Reverse Receipt: 450450 Date: 05/14/2024 Reverse by: 450595 Receipt Reversal Reason: Refund Reverse Amount: 15.00 Reverse Comments: Affidavit of indigency granted - [Tuesday, May 21, 2024 8:40 AM] Dismissed Type: Indigency Dismissed Date: 05/21/2024 Dismissed Amount: 15.00 Dismissing Clerk / Judge: Patterson, Deborah J. Comments: Affidavit of Indigency [Tuesday, May 21, 2024 8:40 AM] Dismissed By: SHEGARTY
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Affidavit of Indigency, filed.
- Determination Regarding Indigency, issued Judge: Patterson, Deborah J.
- Financial Notes: Fee Waiver Authorization - Check# 38198 - Sent to Justin P. McFadden - 24 OTCT 305390
- The Court has reviewed Mr. McFadden's complaint for partition. The Court ORDERS the parties to appear for a telephonic case-management conference on June 21, 2024, at 12:30 PM. A separate notice of case-management conference will issue. The Court ORDERS Mr. McFadden to serve defendant Jamie A. Freeman promptly with a summons, Mr. McFadden's complaint, the notice of case-management conference, and a copy of this Order. The Court ORDERS the parties to include in their joint conference memorandum a discussion of (a) whether there are any mortgages on their Revere property (and if so, which of the parties makes payments on that mortgage, whether the other party agrees to have that payment arrangement continue while this case is pending, and whether the mortgage is in good standing); (b) whether the property is insured (and if so, which of the parties makes the premium payments, whether the other party agrees to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (c) whether anyone is paying the property's real-estate taxes, whether those taxes are paid to date, and whether the other party agrees to have any existing payment arrangements continue while this case is pending: (d) whether either of the property's owners lives on the property; and (e) whether the property has any third-party tenants (and if so, which of the parties collects rents, which of the parties pays the expenses of the tenancy, and whether the other party agrees to have those arrangements continue while this case is pending). The Court further ADVISES Mr. McFadden that Massachusetts General Laws chapter 241, section 7, requires a person who files a partition lawsuit to record at the Registry of Deeds a notice, the contents of which section 7 describes. The Court ORDERS Mr. McFadden to file with the Court by June 14, 2024, a copy of that notice as received (recorded) by the Suffolk Registry of Deeds. The Court also ORDERS Mr. McFadden to file with the Court by June 14, 2024, a certificate of compliance that shows he has complied with the fourth sentence of this Order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Justin P. McFadden 73 Cottage Street, Lynn, MA 01905 Sent On: 05/31/2024 10:57:06
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Justin P. McFadden 73 Cottage Street, Lynn, MA 01905 Sent On: 05/31/2024 10:58:59
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 06/21/2024 Time: 12:30 PM
- Mr. McFadden reports that he did not receive a copy of the Court's May 31, 2024 order in this matter. The Court thus CONTINUES the telephonic case-management conference in this matter to July 8, 2024, at 9:00 AM. A separate notice of case-management conference will issue. The Court ORDERS Mr. McFadden to serve defendant Jamie A. Freeman promptly with a summons, Mr. McFadden's complaint, the notice of the rescheduled case-management conference, and a copy of this Order. The Court ORDERS the parties to include in their joint conference memorandum a discussion of (a) whether there are any mortgages on their Revere property (and if so, which of the parties makes payments on that mortgage, whether the other party agrees to have that payment arrangement continue while this case is pending, and whether the mortgage is in good standing); (b) whether the property is insured (and if so, which of the parties makes the premium payments, whether the other party agrees to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (c) whether anyone is paying the property's real-estate taxes, whether those taxes are paid to date, and whether the other party agrees to have any existing payment arrangements continue while this case is pending: (d) whether either of the property's owners lives on the property; and (e) whether the property has any third-party tenants (and if so, which of the parties collects rents, which of the parties pays the expenses of the tenancy, and whether the other party agrees to have those arrangements continue while this case is pending). The Court further ADVISES Mr. McFadden that Massachusetts General Laws chapter 241, section 7, requires a person who files a partition lawsuit to record at the Registry of Deeds a notice, the contents of which section 7 describes. The Court ORDERS Mr. McFadden to file with the Court by June 28, 2024, a copy of that notice as received (recorded) by the Suffolk Registry of Deeds. The Court also ORDERS Mr. McFadden to file with the Court by June 28, 2024, a certificate of compliance that shows he has complied with the fourth sentence of this Order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Justin P. McFadden [email protected] Sent On: 06/12/2024 14:22:04
- Event Resulted: Case Management Conference scheduled on: 06/21/2024 12:30 PM Has been: Continued Hon. Michael D. Vhay, Presiding
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/08/2024 Time: 09:00 AM
- On June 12, 2024, this Court ordered Mr. McFadden to serve on defendant Jamie Freeman a summons, his complaint, a notice of the July 8, 2024, case-management conference in this matter, and a copy of the Court's June 12, 2024, order. This morning, Ms. Freeman informed the Sessions Clerk that there's a restraining order between the parties. In light of that disclosure, the Court MODIFIES its June 12, 2024, order, and EXCUSES the parties from having to confer in advance of the July 8, 2024, conference. The Court further ORDERS the parties that, instead of filing a single, joint case-management memorandum, they are to file by July 2, 2024, separate, written, case-management conference statements. The notice of case-management conference lists what a party's statement must include. Each party also must include in his or her statement the answers the questions listed in the Court's June 12, 2024, order. The Court further ADVISES the parties of three things. First, since the Court must decide the case, neither the Court nor Court staff may provide legal advice to the parties. Second, if either of the parties is looking for help with this case, the Court suggests they look at the Land Court's website or contact the Boston Court Service Center (https://www.mass.gov/orgs/court-service-centers). Third, the parties to this case may not send e-mails to the Court or its staff, or make filings in this case, without providing a copy to his or her opponent. While Ms. Freeman states that the parties are subject to a restraining order, she should review the restraining order carefully to see if it actually prohibits her from sending Mr. McFadden copies of her communications with the Court. The Court is further aware of the case of L.F. v. L.J., 71 Mass. App. Ct. 813, 821 (2008), which states there's an exception to the usual Massachusetts "no contact" orders for self-represented litigants (like Mr. McFadden and Ms. Freeman) to send opposing parties communications relating to pending lawsuits between the parties, as long as such communications aren't designed to "harass, threaten, or embarrass the person who sought the order." While the Court does not know the specifics of Ms. Freeman's restraining order, the Court insists that the parties to this case copy each other on communications with the Court, provided they aren't harassing, threatening, or embarrassing the other. If Ms. Freeman believe she cannot comply with this Court's direction, she needs to obtain permission from whatever court issued her restraining order to allow her to copy Mr. McFadden on her communications with the Court. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Justin P. McFadden [email protected] Defendant: Jamie A. Freeman 434 Proctor Ave, Revere, MA 02151 Sent On: 06/17/2024 15:36:00
- Defendant's Case Management Conference Statement, filed.
- Plaintiff's Case Management Conference Statement, filed.
- Certificate of Service, filed.
- Summons returned to Court with service on Jamie A. Freeman filed.
- Event Resulted: Case Management Conference scheduled on: 07/08/2024 09:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
- Telephonic case management conference and initial intervention event held. Mr. McFadden and Ms. Freeman both appeared representing themselves. This case concerns a property at 434 Proctor Avenue in Revere, Massachusetts. Mr. McFadden is seeking to partition the property by sale, while Ms. Freeman is seeking to continue to live in the property with her mother and her two children. The records of the Suffolk County Registry of Deeds indicate that there are three mortgages on the property and one federal tax lien. The parties agreed that the property's boiler isn't working. Ms. Freeman stated that the parties have a joint tenancy agreement. The Court ORDERS Ms. Freeman to file with the Court by July 15, 2024, and serve on Mr. McFadden, a copy of the agreement. The parties currently have a case pending in Suffolk Probate and Family Court that concerns child-custody and -support issues. In the interest of having all of the parties' disputes heard by one judge, the Court will request that the Chief Justice of the Trial Court have this case transferred to Suffolk Probate and Family Court. Such request will issue separately. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Justin P. McFadden [email protected] Defendant: Jamie A. Freeman 434 Proctor Ave, Revere, MA 02151 Sent On: 07/08/2024 14:53:21
- Notice of Documents showing Ms. Freeman is a Joint Tenant of the Property, filed.
- At the case-management conference in this case, Ms. Freeman mentioned an "agreement" relating to the parties' joint tenancy of their property. The Court ordered Ms. Freeman to file by July 15, 2024, a copy of the agreement. Ms. Freeman has filed in response to the order documents that show that she is a joint tenant of the property. If there are other documents showing an agreement between Ms. Freeman and Mr. McFadden regarding use of the property (as opposed to documents that show only that she is a joint tenant, a fact that's not disputed), the Court ORDERS Ms. Freeman to file a copy of such documents by July 22, 2024. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Justin P. McFadden [email protected] Defendant: Jamie A. Freeman 434 Proctor Ave, Revere, MA 02151 Sent On: 07/15/2024 13:26:51
- Request for Transfer of Pending Land Court Action to the Probate and Family Court McFadden v. Freeman, Land Court No. 24 MISC 000267 (Suffolk County) Judge: Vhay, Hon. Michael D.
- Chief Justice of the Trial Court Order of Transfer dated August 13, 2024.
- Case Disposed by Transfer/Removal
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