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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-06-03
Status Closed
Type Ota Other
Docket 71 entries
Disposition judgment

Parties

Plaintiff Thorpe, Tova
Defendant Thorpe, June|Gadsden, Waltis|Thorpe, Scott

Docket Entries

  1. As-recorded copy of the Agreed Judgment - Suffolk County Registry of Deeds: Book 71092, Page 125, filed.
  2. Case assigned to the Average Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 450904 Date: 06/03/2024
  4. Land Court surcharge Receipt: 450904 Date: 06/03/2024
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the A Track. Notice sent. Notice sent to Pro Se by email.
  7. The Court has reviewed Tova Thorpe's complaint. Based on the complaint, this case appears to be an action for partition under Chapter 241, section 1 of the Massachusetts General Laws against Ms. Thorpe's siblings. An action for partition is a legal process in which a court can order the splitting up or sale of real estate if its co-owners disagree on how to handle the property. A partition action also allows one or more of the co-owners to force the sale of a property to a third-party, or can force one or more owners to sell their interests to another of the owners. The Court also may decide in the action whether parties should be reimbursed for capital expenditures and other payments made to protect the owners' interests in the property. To determine how this case should proceed, the Court ORDERS the parties to appear for a telephonic case-management conference on July 19, 2024, at 11:30 AM. A separate notice of case-management conference will issue. The Court ORDERS Tova Thorpe to serve each of the defendants (her siblings) promptly with (a) a summons (pursuant to Massachusetts Rules of Civil Procedure Rule 4), (b) a copy of her complaint, (c) the notice of case-management conference, and (d) a copy of this Order. The Court ORDERS the parties to prepare a joint conference memorandum that includes a discussion of (1) whether there are any mortgages on their Walk Hill Street properties (and if so, which of the parties makes payments on those mortgages, whether the other parties agree to have that payment arrangement continue while this case is pending, and whether the mortgages are in good standing); (2) whether the properties are insured (and if so, which of the parties makes the premium payments, whether the other parties agree to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (3) whether anyone is paying the properties' real-estate taxes, whether those taxes are paid to date, and whether the other parties agree to have any existing payment arrangements continue while the case is pending; (4) whether any of the co-owners (siblings) live on the properties; and (e) whether the properties have any third-party tenants (people who are not co-owners), and if so, which of the parties collects rents, which of the parties pays the expenses of the tenancy, and whether the other parties agree to have those arrangements continue while this case is pending. The Court further ADVISES Tova Thorpe 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 Tova to file with the Court by July 12, 2024, a copy of that notice as received (recorded) by the Registry of Deeds. The Court also ORDERS Tova to file with the Court by July 12, 2024, a signed statement that she has sent each of her co-owner siblings (a), (b), (c), and (d) in the second paragraph of this Order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Tova Thorpe P.O. Box 870104, Milton Village, MA 02187 Sent On: 06/14/2024 08:17:49 Notice of Docket Entry sent to Pro Se by email.
  8. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 07/19/2024 Time: 11:30 AM
  9. Plaintiff Email Motion for Continuance of Case Management Conference, filed.
  10. The Court has received Tova Thorpe's request to continue the July 19, 2024, case-management conference. The Court GRANTS the motion. The Court also VACATES the second and third paragraphs of its June 14, 2024, order and now ORDERS as follows: The Court ORDERS the parties to appear for a telephonic case-management conference on August 5, 2024, at 10:30 AM. A separate notice of case-management conference will issue. The Court ORDERS Tova Thorpe to serve each of the defendants (her siblings) promptly with (a) a summons (pursuant to Massachusetts Rules of Civil Procedure Rule 4), (b) a copy of her complaint, (c) the notice of the rescheduled case-management conference in this matter, and (d) a copy of this Order. The Court ORDERS Ms. Thorpe to file with the Court by July 29, 2024, a signed statement that she has sent each of her co-owner siblings items (a), (b), (c), and (d) in the previous sentence. The Court ORDERS the parties to prepare a joint conference memorandum that includes a discussion of (1) whether there are any mortgages on their Walk Hill Street properties (and if so, which of the parties makes payments on those mortgages, whether the other parties agree to have that payment arrangement continue while this case is pending, and whether the mortgages are in good standing); (2) whether the properties are insured (and if so, which of the parties makes the premium payments, whether the other parties agree to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (3) whether anyone is paying the properties' real-estate taxes, whether those taxes are paid to date, and whether the other parties agree to have any existing payment arrangements continue while the case is pending; (4) whether any of the co-owners (siblings) live on the properties; and (e) whether the properties have any third-party tenants (people who are not co-owners), and if so, which of the parties collects rents, which of the parties pays the expenses of the tenancy, and whether the other parties agree to have those arrangements continue while this case is pending. The Court further ORDERS Ms. Thorpe to file with the Court by July 29, 2024, a copy of the notice (as recorded at the Suffolk County Registry of Deeds) that General Laws chapter 241, section 7, requires her to record at the Registry that gives notice of this action. (See the Court's June 14, 2024 order.) SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Tova Thorpe [email protected] Sent On: 06/25/2024 09:28:02
  11. Event Resulted: Case Management Conference scheduled on: 07/19/2024 11:30 AM Has been: Continued For the following reason: Request of Plaintiff(s) Hon. Michael D. Vhay, Presiding
  12. Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 08/05/2024 Time: 10:30 AM
  13. As-recorded Copy of the Notice for Petition for Partition - Suffolk County Registry of Deeds: Book 70388, Page 303, filed.
  14. Certified Mail Receipts, filed.
  15. USPS Tracking Receipts for Scott Thorpe, Waltis Gadsden, June Thorpe, filed.
  16. Event Resulted: Case Management Conference scheduled on: 08/05/2024 10:30 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  17. Alternative Dispute Resolution: Early Intervention Event held. Judge: Vhay, Hon. Michael D.
  18. Telephonic case management conference and initial intervention event held. Tova Thorpe, June Thorpe, Waltis Gadsden, and Scott Thorpe each appeared representing themselves. Scott and June agreed to receive notices by mail in this case. Tova and Waltis agreed to receive notices by e-mail. All parties also provided their telephone numbers to the Court. This is an action for partition concerning a property at 710-714 Walk Hill Street in Mattapan, Massachusetts (the "Property"). The parties reported that a single-family home is located on the lot at 710, while the lot at 714 is empty. The parties reported that there's a mortgage on the 710 Walk Hill property, but not on the property at 714. Tova makes the mortgage payments now, and they're up to date. Tova also pays the taxes on the 710 property. Waltis pays the taxes on the 714 property. The taxes are up to date. The parties also reported there's insurance on the property, which is also up to date. June and Dallas (Tova's son) currently live in the house. Some of Tova's belongings are also at the house. The parties reported that there's not currently a rent agreement on the property. Tova, Waltis, and Scott want to partition the Property by sale. June doesn't want to sell the Property, but she can't afford to buy out the other owners' interests. Tova and June both believe they'd be entitled to reimbursements in the event of a sale. The parties reported that they'd prefer to sell the property themselves, or use a broker, rather than have the Court appoint a commissioner, but understand they'd need to reach agreement to do that. The Court ORDERS the parties to appear on August 30, 2024 at 10:00 AM for a telephonic status conference to discuss if they've agreed on the process for hiring a broker or selling the property themselves. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 08/05/2024 12:44:17 Notice of Docket Entry was generated and sent to: Plaintiff: Tova Thorpe P.O. Box 870104, Milton Village, MA 02187 Sent On: 08/05/2024 12:46:14 Notice of Docket Entry sent to Tova Thorpe and Waltis Gadsden by email from the Sessions Clerk.
  19. CORRECTED Docket Entry: Telephonic case management conference and initial intervention event held. Tova Thorpe, June Thorpe, Waltis Gadsden, and Scott Thorpe each appeared representing themselves. Scott and June agreed to receive notices by mail in this case. Tova and Waltis agreed to receive notices by e-mail. All parties also provided their telephone numbers to the Court. This is an action for partition concerning a property at 710-714 Walk Hill Street in Mattapan, Massachusetts (the "Property"). The parties reported that a single-family home is located on the lot at 710, while the lot at 714 is empty. The parties reported that there's a mortgage on the 710 Walk Hill property, but not on the property at 714. Tova makes the mortgage payments now, and they're up to date. Tova also pays the taxes on the 710 property. Waltis alleges she pays the taxes for 714 Walk Hill Street. The taxes are up to date. The parties also reported there's insurance on the property, which is also up to date. June and Dallas (Tova's son) currently live in the house. Some of Tova's belongings are also at the house. The parties reported that there's not currently a rent agreement on the property. Tova, Waltis, and Scott want to partition the Property by sale. June doesn't want to sell the Property, but she can't afford to buy out the other owners' interests. Tova and June both believe they'd be entitled to reimbursements in the event of a sale. The parties reported that they'd prefer to sell the property themselves, or use a broker, rather than have the Court appoint a commissioner, but understand they'd need to reach agreement to do that. The Court ORDERS the parties to appear on August 30, 2024 at 10:00 AM for a telephonic status conference to discuss if they've agreed on the process for hiring a broker or selling the property themselves. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 08/06/2024 09:45:52 Notice of Docket Entry sent to Tova Thorpe and Waltis Gadsden by email from the Sessions Clerk.
  20. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 08/30/2024 Time: 10:00 AM
  21. The Court has received four e-mails from Tova Thorpe, with attachments, regarding an alleged "tax payment agreement" for 714 Walk Hill Street. The Court DIRECTS the Sessions Clerk not to docket the e-mails or attachments at this time. Instead, the Court will discuss with Tova at tomorrow's status conference when the parties should (or should not) file with the Court proof relating to their claims. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 08/29/2024 15:14:26 Notice of Docket Entry sent to Tova Thorpe and Waltis Thorpe by email from the Sessions Clerk.
  22. Event Resulted: Status Conference scheduled on: 08/30/2024 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  23. Status conference held by telephone. All parties except June Thorpe appeared without the assistance of attorneys. After hearing from the parties, the Court will appoint by separate order a partition commissioner. The Court ADVISES the parties that the Commissioner will investigate their claims for reimbursement of expenses relating to their Walk Hill properties, and that they should wait for the Commissioner to ask them for whatever documents they have that relate to those expenses (and not file them with the Court at this time). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 08/30/2024 11:56:53 Notice of Docket Entry sent to Tova Thorpe and Waltis Thorpe by email from the Sessions Clerk.
  24. In accordance with SJC Rule 1:07, the following fee generating appointment was made: James L Roberti, Esq. appointed as Partition Commissioner (Northern Counties) On 09/03/2024 by Hon. Michael D. Vhay
  25. Interim Order Appointing James L. Roberti, Esq., as Partition Commissioner, issued. (Copies emailed to Attorney James Roberti, Pro Se Plaintiff Tova Thorpe, and Pro Se Respondent Waltis Gasden; mailed to Pro Se Respondents June Thorpe and Scott Thorpe) Judge: Vhay, Hon. Michael D.
  26. Email from June Thorpe to the Court, filed.
  27. By order dated September 3, 2024 (the "Appointment"), this Court appointed a partition commissioner in this case. The Court directed him to file a report by October 11, 2024, on three subjects listed on page 2 of the Appointment. After the Appointment issued, defendant June Thorpe (who did not attend the August 30, 2024, status conference in this matter) informed the Court that she agreed with the other owners of 710 & 714 Walk Hill Street to have the properties sold by broker. In view of the parties' agreement on that issue, the Court ORDERS the Commissioner not to report on subjects (1) and (2) in the Appointment (although he still must report on issue (3)). Instead, the Court DIRECTS the Commissioner to confer with the parties over whether they've identified and engaged a broker, and state in the interim report what the parties have done to engage a broker. The Court ADVISES the parties that if they have not identified or engaged a broker by October 11, 2024, the Court may order the Commissioner to do so. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 09/13/2024 10:19:03 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk.
  28. Executed Oath of Partition Commissioner, filed.
  29. Commissioner's Good Faith Estimate, filed.
  30. Email Status Report from the parties, filed.
  31. Ms. Gadsden has filed a report concerning an alleged agreement by the parties to sell the property. The Court ORDERS the Commissioner to suspend work on his interim report. The Court ORDERS all of the parties and the Commissioner to appear by telephone on Friday, October 11, 2024, at 10:00 AM, to discuss Ms. Gadsden's report and to determine whether there are any open issues in this case (for example, disputes over reimbursement of property-related expenses). Unless all of the parties appear for the telephone conference and all tell the Court that there are no open issues, the Court likely will order the Commissioner to resume work on his interim report. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 10/07/2024 14:10:36 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk
  32. Scheduled Judge: Vhay, Hon. Michael D. Event: Status Conference Date: 10/11/2024 Time: 10:00 AM
  33. Event Resulted: Status Conference scheduled on: 10/11/2024 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  34. Telephonic status conference held. All parties appeared representing themselves, although the Court gave June Thorpe permission to leave the hearing soon after it began. Commissioner Roberti also appeared. While the parties reported that they've reached a settlement agreement that resolves all issues in this case, and asked the Court to end Commissioner Roberti's services in this case, during the hearing Tova Thorpe disagreed with the other parties about the terms of the alleged settlement. The Commissioner also reported that there is a lien related to June Thorpe on the parties' property. It is thus not clear to the Court whether the parties have reached agreement on all aspects of this case, including how to handle the "June" lien (which likely will have to be paid off at the time the parties' property is sold). The Court thus DENIES, for now, the parties' request to dismiss the Commissioner. Instead, the Court ORDERS June Thorpe, Waltis Gadsden, and Scott Thorpe to send to the Commissioner, no later than October 11, 2024, their alleged settlement agreement. The Court ORDERS Tova Thorpe to speak with the Commissioner no later than October 15, 2024, about her understanding of the alleged settlement agreement. The Commissioner further ORDERS the Commissioner to determine whether the alleged settlement contains terms pertaining to the "June" lien and confer with the parties promptly about that issue. Finally, the Court ORDERS the Commissioner to file by October 18, 2024, a brief report addressing (a) whether the parties appear to have an enforceable settlement agreement (and if so, describe its terms); and (b) whether that agreement address the "June" lien. In lieu of filing that report, the Commissioner may request by October 18, 2024, additional time to help the parties explore settlement of this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 10/11/2024 16:45:40
  35. Commissioner's Interim Report, filed.
  36. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 10/22/2024 Time: 08:45 AM
  37. Event Resulted: Telephone Conference Call scheduled on: 10/22/2024 08:45 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  38. Telephonic status conference held. All parties appeared representing themselves. Commissioner Roberti also appeared. Based on the Commissioner's report and from what the parties told the Court this morning, it appears they have not settled all issues involving their Walk Hill properties, but are getting closer to reaching an agreement. The Court thus ORDERS the parties to continue speaking with the Commissioner about all of the issues they have surrounding the properties in hopes of settling some or all of the issues. The Court further ORDERS the Commissioner to file by October 30, 2024, a brief status report on the status of the parties' settlement discussions. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 10/22/2024 09:36:36 Notice of Docket Entry sent to Commissioner and Pro Se by email from the Sessions Clerk.
  39. Commissioner's status report, filed.
  40. Email Communication between the parties and commissioner, filed.
  41. The Court has reviewed the Commissioner's status report and an e-mail thread that the Court has placed on the docket of this case. Each of the parties suggests that they have settled all of the issues in this case and that they no longer need the Commissioner's services. The Court thus DIRECTS the Commissioner to suspend his work on this case. The Court ORDERS the Commissioner to file by November 15, 2024, a statement of his fees and costs (including an itemized statement of the services he's provided) and a request for payment under SJC Rule 1:07. The Court ORDERS the Commissioner to include in his filing a statement whether he's willing to have his fees and costs paid at the time of the sale of the parties' Walk Hill properties. Once the Court receives the Commissioner's statement, the Court will issue a further order that sets a deadline for the parties to file objections to the Commissioner's bill. The Court next needs to confirm the terms of the parties' settlement agreement. The Court will do so at a hearing by telephone on November 8, 2024, at 10:00 AM. The Court ORDERS each of the parties (but not the Commissioner) to appear at that hearing. As best as the Court can tell from what the Commissioner and the parties have filed, the parties' agreement may be this: (1) They will hire a broker to sell their Walk Hill properties (the "Properties") instead of having the Commissioner sell the Properties. (2) They will hire a broker as soon as June's case worker tells the parties that June has new housing or by March 20, 2025, whichever date comes first. (3) Once the broker is hired, the parties will cooperate with the broker to market the Properties. (4) The parties agree to sell the Properties at the highest price the broker is able to obtain from a third-party buyer after the Properties have been put on the market for at least 30 days. (If all of the parties agree in writing, they may shorten that 30-day marketing time.) (5) The sale of the Properties will occur no later than May 24, 2025, unless (a) all of the parties agree to writing on a later date or (b) the broker has been unable to find a suitable buyer. (6) The parties will split the "net proceeds" of a sale of the Properties four ways. ("Net proceeds" means the money that is left over from the sale after payment of all sales costs, the broker's commission, mortgages, taxes, other costs usually paid at closing, and any Commissioner's expenses not previously paid.) (7) Until the Properties are sold, and so long as June has the money to do so, each of the parties will pay 1/4th of the Properties' mortgage, taxes, and insurance expenses. If June's money runs out, each of the other parties will start paying 1/3d of the Properties' mortgage, taxes, and insurance expenses. (8) The parties' agreement resolves all of the parties' issues concerning the Properties, including all issues relating to the Properties' mortgage, taxes, and insurance expenses. Once the Court accepts the parties' agreement, while any party may ask the Court to require another party to perform the terms of the Agreement, no party may raise in the future any issues concerning the Properties or their expenses. At the hearing, the Court will go through each of the Terms listed above and ask each party, one at a time, if he or she agrees to that Term. The Court ADVISES the parties that if they know now that they disagree with one or more of the Terms as listed above, they should discuss their issues with the other parties (but NOT include the Court or the Sessions Clerk in that discussion) in an effort to resolve that disagreement. The Court will revise the Terms listed above if all of the parties agree. The Court further ADVISES the parties, however, that if the Court concludes after the November 8, 2024, telephonic hearing that the parties have not agreed to the Court's satisfaction on ALL of the issues involving the Properties, the Court may direct the Commissioner to resume his work in this case. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 11/04/2024 12:34:08
  42. Scheduled Judge: Vhay, Hon. Michael D. Event: Hearing Date: 11/08/2024 Time: 10:00 AM
  43. Email from the Commissioner Regarding his Fees, filed.
  44. The Court ACCEPTS the Commissioner's waiver of his fees, provided the Court does not later order him to resume his work on this case. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 11/04/2024 13:38:17 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk.
  45. Event Resulted: Hearing scheduled on: 11/08/2024 10:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  46. Telephonic hearing held. Tova Thorpe, Waltis Gadsden, and Scott Thorpe appeared. June Thorpe did not appear. The parties who appeared at the hearing stated that these are the current settlement terms among the parties: (1) They will hire a broker to sell their Walk Hill properties (the "Properties") instead of having the Commissioner sell the Properties. (2) They will hire a broker as soon as June's case worker tells the parties that June has new housing or by March 20, 2025, whichever date comes first. (3) Once a broker is hired, the parties will cooperate with the broker to market the Properties. (4) The parties agree to sell the Properties at the highest price the broker is able to obtain from a third-party buyer after the Properties have been put on the market for at least 30 days. (If all of the parties agree in writing, they may shorten that 30-day marketing time.) (5) The sale of the Properties will occur no later than May 24, 2025, unless (a) all of the parties agree to writing on a later date or (b) the broker has been unable to find a suitable buyer. (6) The parties will split the "net proceeds" of a sale of the Properties four ways. ("Net proceeds" means the money that is left over from the sale after payment of all sales costs, the broker's commission, mortgages, taxes, other costs usually paid at closing, and any Commissioner's expenses not previously paid. That list of expenses does not include paying off a lien that's personal to June. That lien will be paid off from June's expected share of the net proceeds.) (7) Until the Properties are sold, (a) Tova will 2/3rds of the Properties' mortgage, taxes, and insurance expenses; (b) so long as she has money to do so, June will pay 1/3rd of the Properties' mortgage, taxes, and insurance expenses; and (c) if June's money runs out, Scott and Waltis together will pay June's 1/3rd share of the Properties' mortgage, taxes, and insurance expenses. (8) The parties' agreement resolves all of the parties' issues concerning the Properties, including all issues relating to the Properties' mortgage, taxes, and insurance expenses. (This list of terms replaces the one set forth in the Court's November 4, 2024, order.) The Court then advised Tova, Waltis, and Scott that if the parties wanted to make their agreement enforceable by Court order, the Court first would have to appoint a guardian ad litem to determine if June agrees to the settlement (or, if she lacks sufficient capacity to accept the agreement, whether the agreement is in June's best interests). The Court advised Tova, Waltis, and Scott that the parties could choose to dismiss the lawsuit, but if they did so, and if one or more parties didn't live up to their agreement, someone would have to file a new lawsuit to force an uncooperating party to do what he or she promised. Tova, Waltis, and Scott requested time to discuss their next steps. The Court ORDERS all parties to appear by telephone for a further conference on November 14, 2024, at 9:00 AM. A separate conference notice will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 11/13/2024 08:06:42 Notice of Docket Entry sent to Parties by email from the Sessions Clerk.
  47. Scheduled Judge: Vhay, Hon. Michael D. Event: Telephone Conference Call Date: 11/14/2024 Time: 09:00 AM
  48. Event Resulted: Telephone Conference Call scheduled on: 11/14/2024 09:00 AM Has been: Held via telephone Hon. Michael D. Vhay, Presiding
  49. Telephonic continued hearing held. Tova Thorpe appeared representing herself. Waltis Gadsden, June Thorpe, and Scott Thorpe did not appear. Ms. Thorpe reported that she, Waltis, and Scott agreed that the Court should appoint a guardian ad litem for June. The Court agrees and will appoint the GAL by separate order. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 11/14/2024 11:54:45 Notice of Telephone Conference Call sent to parties by email from the Sessions Clerk.
  50. In accordance with SJC Rule 1:07, the following fee generating appointment was made: Christopher J Sullivan, Esq. appointed as Guardian ad Litem (Northern Counties) On 11/14/2024 by Hon. Michael D. Vhay Applies To: Thorpe, June (Defendant)
  51. Order Appointing Christopher J. Sullivan, Esq., as Guardian Ad Litem for Respondent June Thorpe, issued. (Copies emailed to Commissioner Jim Roberti, GAL Christopher Sullivan, Pro Se Plaintiff Tova Thorpe, and Pro Se Defendant Waltis Gadsden. Copies mailed via USPS to Pro Se Defendants June Thorpe and Scott Thorpe) Judge: Vhay, Hon. Michael D.
  52. Executed Oath of Guardian ad Litem, filed.
  53. Email from Ms. Gadsden request for the Court to Order conditions pending the properties sale, filed.
  54. The Court has received an e-mail from Waltis Gadsden that asks the Court to order various things pending a sale of the parties' Walk Hill properties. The Court ORDERS the other parties to file by December 6, 2024, any response to Ms. Gadsden's requests. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Guardian Ad Litem: Christopher J Sullivan, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 11/25/2024 09:56:26 Notice of Docket entry sent to counsel of record and Pro Se by email from Sessions Clerk.
  55. Email from Tova Thorpe, filed.
  56. Email from Tova Thorpe Regarding Mortgage Payments, filed.
  57. Email from June Thorpe, filed.
  58. The Commissioner reports that June Thorpe's guardian ad litem has contacted the Commissioner. The Court AUTHORIZES the Commissioner to speak with the GAL and furnish whatever information the GAL requests. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Guardian Ad Litem: Christopher J Sullivan, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 12/03/2024 11:51:57 Notice of Docket entry sent to counsel of record and Pro Se by email from Sessions Clerk.
  59. Email Request Regarding Amending the Mortgage Payment, filed.
  60. Christopher J. Sullivan, Esq., Guardian ad Litem on Behalf of June Thorpe's Good Faith Estimate of Fees, filed.
  61. Certificate of Service, filed.
  62. Report of Guardian ad Litem, filed.
  63. Affidavit of Christopher J. Sullivan, Esq, in Support of Fees and Costs, filed.
  64. Statement of Payment, filed.
  65. Certificate of Service, filed.
  66. The Court has reviewed the Guardian Ad Litem's report. (The Court ORDERS the GAL not to perform any further work in this case absent Court order.) The Court concludes from the report that June Thorpe agrees with terms of the settlement agreement that the Court summarized in its November 13, 2024, order (the "Proposed Settlement"). The Court has not yet approved the Proposed Settlement. That's because since November 13, 2024, Waltis Gadsden and Tova Thorpe have asked for changes to the Proposed Settlement. Since what the parties are proposing to have the Court approve is an agreement among the parties, the Court cannot force any of the parties to accept a change to the Proposed Settlement; all four parties must be in agreement. Ms. Gadsen proposes adding two things to the Proposed Settlement. They are: (A) Unless all of the owners approve, an owner (i) may not add to or place anything on the Properties; and (ii) may not remove anything from the Properties. (B) An owner may not make any side deals, agreements, or any other transaction concerning the Properties without the consent of all other owners. An owner who has made such an agreement without the consent of all other owners is solely and wholly liable for that agreement. An owner who has made a gain from such an agreement must distribute that gain proportionally to each of the other owners. June Thorpe assented to these two changes. Scott Thorpe filed no objection to the changes. Tova objected to the changes, however. (Tova is correct, however, that if the parties agree to Waltis's changes, those changes are binding only on the owners of the Properties, and not the Properties' neighbors.) Tova Thorpe proposed a change to part (7) of the Proposed Settlement. Part 7 had Tova paying 2/3rds of the Properties' mortgage, taxes and insurance expenses and June paying the remaining 1/3rd. The Proposed Settlement further provided that if June couldn't pay her share, Scott and Waltis would pay that share. Tova proposes to lower her responsibility to one half of the expenses and increase June's share to one half, with Scott and Waltis covering June's half if she can't pay it. There is a third matter that the Proposed Settlement does not squarely mention. Tova, Waltis, and Scott agreed to have the Court appoint the Guardian Ad Litem to investigate whether June legally could agree to and be bound by the Proposed Settlement. The GAL has submitted a $2,000 bill for his services. In the usual partition case, the parties would share that expense equally (meaning each of the owners would be responsible for $500 of the GAL's expenses), payable upon sale of the Properties. See Part 6 of the Proposed Settlement. The Court ORDERS the parties to discuss promptly the three suggested changes to the Proposed Settlement, plus the issue of the GAL's expenses. The Court further ORDERS the parties to inform the Court by December 30, 2024, whether (1) they all want to change the Proposed Settlement (and if so, how); (2) they all do not want to change the Proposed Settlement, and want the Court to approve the Proposed Settlement as the Court summarized it on November 30, 2024 (understanding that the GAL's expenses will be paid upon sale of the Properties); or (3) they all no longer want the Court to approve the Proposed Settlement. If the owners tell the Court that they disagree about the Proposed Settlement, the Court will proceed to have the Commissioner sell the Properties and the Court will resolve all issues regarding the Properties' expenses. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Guardian Ad Litem: Christopher J Sullivan, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 12/16/2024 12:17:02 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk.
  67. Ms.Gadsden's e-mail reporting an agreement of the parties on a proposed settlement, filed.
  68. The Court has reviewed Ms. Gadsden's December 27, 2024, e-mail reporting an agreement of the parties on a proposed settlement. That settlement includes a promise that the Guardian Ad Litem's expenses will be paid from the proceeds of the sale of the parties' Walk Hill Properties at closing. The Court ORDERS the GAL to report by January 9, 2025, whether that's acceptable to him. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Commissioner: James L Roberti, Esq. [email protected] Guardian Ad Litem: Christopher J Sullivan, Esq. [email protected] Plaintiff: Tova Thorpe [email protected] Defendant: June Thorpe 710 Walk Hill Street, Mattapan, MA 02126 Defendant: Waltis Gadsden [email protected] Defendant: Scott Thorpe 717 Floral Street, Tallahassee, FL 32310 Sent On: 01/02/2025 13:11:27 Notice of Docket Entry sent to Counsel of record and Pro Se by email from the Sessions Clerk.
  69. Affidavit of Christopher J. Sullivan, Esq., Guardian Ad Litem with Regard to Payment, filed.
  70. Agreed Judgment entered. (Copies emailed to Attorneys James Roberti and Christopher Sullivan, and Pro Se Parties Tova Thorpe and Waltis Gadsden. Copies mailed via USPS to Pro Se Parties Scott Thorpe and June Thorpe) Judge: Vhay, Hon. Michael D.
  71. Agreement for Judgment approved by the Court.

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