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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2024-04-29
Status Open
Type Par Partition, G.l. Chapter 241
Docket 34 entries

Parties

Plaintiff Wirth, Kevin
Defendant Wirth, Lisa|Dwyer, Adelaide|Mc Laughlin, Elizabeth|Forni, Barbara|Wirth, Kathleen|Wirth, Jacqueline|Wirth, George|Enos, Paula|Fandel, Corin|Wirth, William

Lawyers

Docket Entries

  1. Complaint filed.
  2. Land Court miscellaneous filing fee Receipt: 450029 Date: 04/29/2024
  3. Land Court surcharge Receipt: 450029 Date: 04/29/2024
  4. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the F Track. Notice sent. Judge: Foster, Hon. Robert B. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Stephanie A Konarski, Esq. [email protected] Sent On: 05/07/2024 13:24:30
  7. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 06/12/2024 Time: 11:15 AM
  8. Petitioner's Statement, filed.
  9. Emergency Ex Parte Motion to Continue 6/12/24 Case Management Conference, filed.
  10. Event Resulted: Case Management Conference scheduled on: 06/12/2024 11:15 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Robert B. Foster, Presiding
  11. June 11, 2024. Ex Parte Emergency Motion to Continue ALLOWED. The June 12, 2024 case management conference is continued to June 26, 2024 at 12:15 pm by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Stephanie A Konarski, Esq. [email protected] Defendant: Stephen Daniel Karpf, Esq. [email protected] Defendant: Lisa Wirth [email protected] Defendant: Elizabeth McLaughlin [email protected] Defendant: Kathleen Wirth [email protected] Defendant: Corin Fandel [email protected] Sent On: 06/21/2024 13:27:06
  12. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 06/26/2024 Time: 12:15 PM
  13. LAR Appearance filed by Stephen Daniel Karpf, Esq. to provide limited representation to Defendant(s) Lisa Wirth for Case Management Conference scheduled for June 26, 2024.
  14. Respondent Lisa Wirth's Statement, filed.
  15. LAR Withdrawal of Appearance of Stephen Daniel Karpf, Esq. for Defendant(s) Lisa Wirth filed.
  16. Event Resulted: Case Management Conference scheduled on: 06/26/2024 12:15 PM Has been: Held via video Hon. Robert B. Foster, Presiding June 26, 2024. Case Management Conference held via Zoom. Attorneys Stephanie Konarski and Stephen Karpf appeared. Elizabeth McLaughlin, Barbara Forni, Jacqueline Wirth, Kathleen Wirth, Paula Enos and Corin Fandel appeared. This is a partition case. Eleven individuals are named to have potential interest in the property. The interests derive from an intestacy in the Probate and Family Court. Plaintiff reports that this property must be sold as part of the estate. Lisa Wirth reports to the Court her steps to achieve affordable housing, in order to move out of the property and proceed with the sale. Ms. Wirth is instructed to serve plaintiff with a report of her applications and efforts to find housing by July 8, 2024. A further Case Management Conference is set down for July 24, 2024, at 10:30am by Zoom. (Foster, J.)
  17. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephanie A Konarski, Esq. [email protected] Defendant: Stephen Daniel Karpf, Esq. [email protected] Defendant: Lisa Wirth [email protected] Defendant: Elizabeth McLaughlin [email protected] Defendant: Barbara Forni 145 Park Avenue, East Bridgewater, MA 02333 Defendant: Kathleen Wirth [email protected] Defendant: Jacqueline Wirth 5 Parsons Lane Apt# A, Halifax, MA 02338 Defendant: Paula Enos 29915 Saint Andrews Road, Perrysburg, OH 43551 Defendant: Corin Fandel [email protected] Sent On: 06/27/2024 13:38:46
  18. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 07/24/2024 Time: 10:30 AM
  19. LAR Appearance filed by Stephen Daniel Karpf, Esq. to provide limited representation to Defendant(s) Lisa Wirth for Status Conference held virtually via Zoom scheduled on July 24, 2024 at 10:30am.
  20. Event Resulted: Case Management Conference scheduled on: 07/24/2024 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 24, 2024. Status Conference held via Zoom. Attorneys Stephanie Konarski and Stephen Karpf appeared. Elizabeth McLaughlin, Barbara Forni, Jacqueline Wirth, Kathleen Wirth, Paula Enos and John Wirth appeared and were sworn. Attorney Karpf reports the Court Lisa Wirth is continuing to seek affordable housing to move out of the partition property and is requesting another 30 days to do such. The Court requests a status report on August 26, 2024, with regards to Ms. Wirth's applications. The Petitioner and Co-Respondents inform the Court the lack of payment of bills of the property to which the Court DIRECTS Ms. Lisa Wirth to pay all utility bills as she is the primary resident of the property. With regards to payment of property taxes, the Court ORDERS the parties to confer and file a status report on July 31, 2024 reporting on such discussions. A Status Conference is set down for August 28, 2024 at 9:45am by Zoom. (Foster, J.)
  21. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephanie A Konarski, Esq. [email protected] Defendant: Stephen Daniel Karpf, Esq. [email protected] Defendant: Lisa Wirth [email protected] Defendant: Elizabeth McLaughlin [email protected] Defendant: Barbara Forni 145 Park Avenue, East Bridgewater, MA 02333 Defendant: Kathleen Wirth [email protected] Defendant: Jacqueline Wirth [email protected] Defendant: Paula Enos [email protected] Defendant: Corin Fandel [email protected] Sent On: 07/24/2024 14:56:44
  22. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/28/2024 Time: 09:45 AM
  23. LAR Withdrawal of Appearance of Stephen Daniel Karpf, Esq. for Defendant(s) Lisa Wirth filed.
  24. LAR Appearance filed by Stephen Daniel Karpf, Esq. to provide limited representation to Defendant(s) Lisa Wirth for filing of the Joint Status Report/Memorandum of Petitioner Kevin Wirth and Respondent Lisa Wirth.
  25. Joint Status Report/Memorandum of Petitioner Kevin Wirth and Respondent Lisa Wirth, filed.
  26. LAR Withdrawal of Appearance of Stephen Daniel Karpf, Esq. for Defendant(s) Lisa Wirth filed.
  27. LAR Appearance filed by Stephen Daniel Karpf, Esq. to provide limited representation to Defendant(s) Lisa Wirth for Status Conference set down for August 28, 2024.
  28. LAR Withdrawal of Appearance of Stephen Daniel Karpf, Esq. for Defendant(s) Lisa Wirth filed.
  29. Event Resulted: Status Conference scheduled on: 08/28/2024 09:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 28, 2024. Status Conference held via Zoom. Attorneys Stephanie Konarski appeared. Stephen Karpf appeared as LAR attorney. Barbara Foni appeared. Attorney Konarski reports to the Court the Petitioners wish to inspect the property and obtain an appraisal. Attorney Karpf reports on behalf of Ms. Wirth that applications for housing are still under review and that Ms. Wirth has paid the taxes due August 1, 2024. Ms. Wirth is instructed to allow an inspection of the property by a representative of the other parties and to allow entry by an appraiser and/or a realtor. The parties shall cooperate to schedule the inspection and appraisal by October 2, 2024. Ms. Wirth is further instructed to inform the agencies to whom she has applied for housing of the existence of this partition action and the risk to her housing, and to be prepared to pay the taxes that will be due on November 1, 2024 and any further insurance premiums. A status conference is set down October 2, 2024, at 9:15am by Zoom. (Foster, J.)
  30. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Stephanie A Konarski, Esq. [email protected] Defendant: Stephen Daniel Karpf, Esq. [email protected] Defendant: Lisa Wirth [email protected] Defendant: Elizabeth McLaughlin [email protected] Defendant: Barbara Forni [email protected] Defendant: Kathleen Wirth [email protected] Defendant: Jacqueline Wirth [email protected] Defendant: Paula Enos [email protected] Defendant: Corin Fandel [email protected] Sent On: 08/29/2024 09:35:31
  31. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/02/2024 Time: 09:15 AM
  32. LAR Appearance filed by to provide limited representation to (s) for .
  33. LAR Withdrawal of Appearance of for (s) filed.
  34. Event Resulted: Status Conference scheduled on: 10/02/2024 09:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 2, 2024. Status Conference held via Zoom. Attorneys Stephanie Konarski appeared. Stephen Karpf appeared as LAR attorney on behalf of Lisa Wirth. Barbara Foni appeared pro se and was sworn. Attorney Karpf on behalf of Lisa Wirth reports to the Court that she has entered in a housing lottery and is working diligently to obtain new affordable housing. As the Petitioner reports to the Court their desire to move forward with this Petition, the Court grants the parties additional time for Ms. Wirth to move out of the property. A status report is due on November 4, 2024 pertaining to progress toward housing and potential agreement among the parties. Based on the status report, the Court will decide whether to appoint a Commissioner. The Court directs the Petitioner and Attorney Karpf to file an agreed statement of the title and percentage interests of all the parties by November 4, 2024. (Foster, J.)

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