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- Complaint filed.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 443087 Date: 08/08/2023
- Land Court surcharge Receipt: 443087 Date: 08/08/2023
- Land Court summons Receipt: 443087 Date: 08/08/2023
- 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: Joseph Edward Olbrys, Esq. [email protected] Sent On: 08/15/2023 12:30:41
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference Date: 10/02/2023 Time: 11:30 AM Counsel notified via email.
- Summons returned to Court with service on William Stepanishen, Jr. filed. Served IN HAND on August 11, 2023.
- Event Resulted: Case Management Conference scheduled on: 10/02/2023 11:30 AM Has been: Rescheduled to October 17, 2023 at 10:00 am via zoom. Hon. Diane R. Rubin, Presiding
- Event Scheduled Judge: Rubin, Hon. Diane R. Event: Case Management Conference VIA ZOOM. Date: 10/17/2023 Time: 10:00 AM
- Case Management Conference Joint Statement, filed.
- Appearance of David T Norton, Esq. for William Stepanishen, Jr., filed
- Event Resulted: Case Management Conference scheduled on: 10/17/2023 10:00 AM Has been: Initial case management conference held via videoconference. Attorney Joseph Olbrys appeared on behalf of petitioner, and Attorney David Norton appeared on behalf of respondent. Before the court is the Complaint and Case Management Conference Joint Statement in each of the three related partition cases 23 MISC 000378, 23 MISC 000379, 23 MISC 000380. By way of background, Attorney Olbrys explained that petitioner and respondent are brothers who inherited the three properties in these cases as tenants-in-common upon probate of their mother's estate. The three properties, in the order the petitions were filed, are (1) 10-12 Leeward Lane, West Dennis, Barnstable County, Massachusetts, 02670; (2) 30 Mohawk Road, Canton, Norfolk County, Massachusetts, 02021; and (3) 6 Elliot Drive, West Dennis, Barnstable County. The respondent currently resides in the Mohawk Road property. Counsel reported that parties have been working together amicably to partition the properties, have retained the services of a broker to render a broker's estimate of value on each of the properties, and that respondent would like to remain in the Mohawk Road property and purchase by set off. Petitioner, who lives out of state, may also seek an accounting depending on whether a negotiated agreement is achievable. Following colloquy, court to consolidate these cases for case management purposes only. Further, parties to continue their efforts to value the properties and achieve a negotiated resolution. By January 4, 2024, counsel to file a Joint Status Report detailing their progress. Status conference scheduled for January 11, 2024, at 11:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference VIA ZOOM. Date: 01/11/2024 Time: 11:30 AM
- (Plaintiff's) Status Report, filed.
- Event Resulted: Status Conference scheduled on: 01/11/2024 11:30 AM Has been: Status conference held via videoconference. Attorney Joseph Olbrys appeared on behalf of petitioner, and Attorney David Norton appeared on behalf of respondent. Court is in receipt of (Plaintiff's) Status Report in 23 MISC 000378, 23 MISC 000379, and 23 MISC 000380. Attorney Olbrys advised the court that parties had engaged a broker who had undertaken an initial estimate of the value for the two West Dennis properties (23 MISC 378 and 23 MISC 380), each estimated at over $800,000, with some investigation necessary into the state of the septic systems. Parties agreed to prepare those West Dennis properties for a spring market sale (to include further investigation and diligence regarding the condition of the two septic systems). The parties hope to be able to secure sufficient funds from the sale of these two properties so that respondent purchase by set-off the third Canton property, where he now resides. Status conference scheduled for March 18, 2024, at 2:30 P.M., with parties to file a joint status report by March 11, 2024. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 03/18/2024 Time: 02:30 PM
- Joint Status Report, filed.
- Event Resulted: Status Conference scheduled on: 03/18/2024 02:30 PM Has been: Status conference held via videoconference. Attorney Joseph Olbrys appeared on behalf of the petitioner, and Attorney David Norton appeared on behalf of respondent Williams Stepanishen. Court is in receipt of the Joint Status Report. Attorney Olbrys advised that parties had retained a broker and listed the two West Dennis properties on the market, with some septic investigation to be done later this week. Attorney Norton advised that his client's daughter had expressed an intention to rent one or more of the Dennis properties during the summer season, however, renting the properties would only delay the prompt resolution of the case. Accordingly, by April 18, 2024, the parties to file a stipulation that the Dennis properties will not be rented this summer season so as to facilitate the marketing and sale of those properties. Once the Dennis properties are sold and the proceeds were in escrow, parties intend to resolve the ownership of the Canton property, where respondent resides. By May 29, 2024, parties to file a joint status report as to their efforts to sell the two West Dennis properties. Status conference scheduled for June 5, 2024, at 10:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 06/05/2024 Time: 10:30 AM
- Joint Status Report, filed.
- Event Resulted: Status Conference scheduled on: 06/05/2024 10:30 AM Has been: Status conference held via videoconference. Attorney Joseph Olbrys appeared on behalf of the petitioner, and Attorney David Norton appeared on behalf of respondent Williams Stepanishen. Court is in receipt of the parties' Joint Status Report. Attorney Olbrys reported that there was a purchase and sale agreement for the property located at 10-12 Leeward Lane, West Dennis, with closing scheduled for June 14, 2024, and Attorney Norton is to hold the proceeds in escrow until parties can effectuate a global settlement. Attorney Olbrys further advised that, once the Leeward Lane property is sold, parties will focus on preparing the property at 6 Elliot Drive, West Dennis for sale. However, the Elliot Drive property may benefit from repairs prior to sale, and is occupied by a year round tenant. Following colloquy and by August 14, 2024, parties to file a joint status report as to the closing on the Leeward Lane property and the efforts to prepare the Elliot Drive property for sale. Status conference scheduled for August 21, 2024, at 11:30 A.M. Hon. Diane R. Rubin, Presiding Counsel notified via email.
- Scheduled Judge: Rubin, Hon. Diane R. Event: Status Conference Date: 08/21/2024 Time: 11:30 AM
- Case Management Conference Joint Statement, filed.
- Event Resulted: Status Conference scheduled on: 08/21/2024 11:30 AM Has been: Status conference held via videoconference. Attorney Joseph Olbrys appeared on behalf of the petitioner, and Attorney David Norton appeared on behalf of respondent Williams Stepanishen. Court is in receipt of Case Management Conference Joint Statement. Counsel reported the property at 10-12 Leeward Lane, Dennis, was sold on June 5, 2024, with net proceeds being held by Attorney Norton in his escrow account. Portions of these proceeds were used to fund closing costs, reimbursement of plaintiff's litigation fees to file these cases, reimbursement of other maintenance and carrying costs, and were distributed by agreement of the parties. The property at 6 Elliot Street, West Dennis, has passed Title V inspection, but is otherwise in poor repair and tenanted. The parties plan to sell the 6 Elliot property "as is" and have served Notices to Quit to the three existing tenants. If the tenants do not vacate voluntarily, parties plan to proceed with summary eviction process. Respondent William Stepanishen still occupies 30 Mohawk Road, Canton, which has a rough estimated value of $800,000, and plans to purchase by set-off from the proceeds of the sales of the other two properties. Status conference scheduled for November 21, 2024 at 10:30 A.M., with a joint status report to be filed by November 14, 2024. Hon. Diane R. Rubin, Presiding Counsel notified via email.
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