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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-06-14
Status Open
Type Par Partition, G.l. Chapter 241
Docket 12 entries

Parties

Plaintiff Johnson, Hugh F.|Johnson, David A.
Defendant Johnson, James E.|Commonwealth Of Massachusetts, Estate Recovery Unit

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: 451203 Date: 06/14/2024
  4. Land Court surcharge Receipt: 451203 Date: 06/14/2024
  5. Land Court summons Receipt: 451203 Date: 06/14/2024
  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: Roger M Ferris, Esq. [email protected] Plaintiff: Stephen D Clapp, Esq. [email protected] Sent On: 06/26/2024 12:47:57
  8. Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 07/29/2024 Time: 11:30 AM Counsel notified via email.
  9. Summons returned to Court with service on James E. Johnson filed. Served at the last and usual place of abode on July 1, 2024 and by mailing first class mail on July 2, 2024.
  10. Certificate of Service, filed.
  11. (Plaintiff's) Case Management Conference Statement, filed.
  12. Event Resulted: Case Management Conference scheduled on: 07/29/2024 11:30 AM Has been: Case management conference held via videoconference. Attorney Stephen Clapp appeared on behalf of petitioners. Court is in receipt of the Complaint and the Case Management Conference Statement. By way of background, Attorney Clapp explained that this actions seeks partition of 43 Martin Street, Rehobeth (the "Property"). The Property has no outstanding mortgage encumbering it, but there is a MassHealth lien on the Property in excess of $100,000.00. Parties are three brothers whose mother, Betty Johnson, was deceased in 2020. Respondent James Johnson continues to live at the Property and is not in communication with his brothers (though he did engage counsel in a related Probate proceeding). Though there was an administrative proceeding in Probate Court, there was no determination of heirs. Attorney Clapp reported that he visited the Property and personally delivered the complaint and related court filings, with a subsequent visit revealing that those papers had been retrieved. Attorney Clapp was able to communicate with respondent's prior counsel. Court noted that the Commonwealth was named as a defendant but had not been served. Following colloquy, Plaintiff to serve the Commonwealth and file an affidavit of due diligence detailing title to the Property and in support of the position that the parties hold title as co-tenants because they are the only heirs to Ms. Johnson, to include copies of all relevant title and probate documents. In addition, Plaintiff to file a motion for service by publication on any unknown heirs. Further, Plaintiff to file a motion for default pursuant to Mass. R. Civ. P. 55(a) as to respondent. Status conference and hearing on motion for default scheduled for October 15, 2024, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.

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