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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-16
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 53 entries
Disposition judgment entered

Parties

Plaintiff Johnson, Jr., Theodore R
Defendant Wager, Dorothy|Sousa, Joan M.|Koslouski, John J.|Koslouski, Joseph R.|Koslouski, Maureen|Wager, Jeanne|Koslouski, Guy|Koslouski, Beth A.|Bodek, Martha S.

Docket Entries

  1. Partition Commissioner's Final Accounting, filed.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 441040 Date: 05/16/2023
  4. Land Court surcharge Receipt: 441040 Date: 05/16/2023
  5. Land Court summons Receipt: 441040 Date: 05/16/2023
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. Military Affidavit, filed.
  8. The case has been assigned to the F Track. Notice sent.
  9. The Court has reviewed Trustee Johnson's complaint for partition. The Court ORDERS Trustee Johnson to record at the Essex South Registry of Deeds the notice described in G.L. c. 241, sec. 7, and to file with the Court by June 9, 2023, an as-recorded copy of the notice. The Court ORDERS Trustee Johnson to file by June 23, 2023, returns of service on all of the defendants named in his complaint other than Joan M. Sousa, John J. Koslouski, Joseph R. Koslouski, Maureen Koslouski, Jeanne Wager, and Martha S. Bodek (whose assents the Trustee filed with the complaint), or a status report on the Trustee's efforts to obtain such returns. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Sent On: 05/24/2023 08:18:19
  10. Trustee's Status Report, filed.
  11. Summons returned to Court with service on Guy Koslouski filed.
  12. Summons returned to Court without service on Beth A. Koslouski filed.
  13. Affidavit of Non-Service on Dorothy Wager also known as Erma D. Velie, filed.
  14. The Court has reviewed the Trustee's status report. The Court ORDERS the Trustee to file by July 28, 2023, returns of service on defendants Beth Koslouski and Dorothy Wager, or a further status report on the Trustee's efforts to serve them. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Sent On: 06/27/2023 09:22:29
  15. Summons returned to Court with service on Beth A. Koslouski filed.
  16. Motion for Service by Alternate Means and Affidavit of Diligent Search (Dorothy Wager), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  17. Affidavit of Diligent Search, filed.
  18. The Court DIRECTS the Recorder to enter the defaults of Guy Koslouski and Beth Koslouski in this action. SO ORDERED Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Sent On: 08/02/2023 10:41:00
  19. Defendant Guy Koslouski, Beth A. Koslouski defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  20. Citation by publication in the Marshall Advisor & Chronicle, The Salem News, returnable 09/25/2023, issued. (emailed and mailed copy to: Joblin Christopher Younger, Esq. [email protected])
  21. Affidavit of Service and Tear Sheet from the Marshall Advisor, filed.
  22. Confirmation of Service and Tear Sheet from the Salem Evening News, filed.
  23. Service with Citation, filed.
  24. In accordance with SJC Rule 1:07, the following fee generating appointment was made: John Charles Ottenberg, Esq. appointed as Guardian ad Litem (Northern Counties) On 09/29/2023 by Hon. Michael D. Vhay Applies To: Dorothy Wager also known as Erma D. Velie (Defendant) Appointment Terminated on 10/11/2023
  25. Email from Attorney Ottenberg Regarding Ms. Wager's Status, filed.
  26. The Court has reviewed an e-mail from attorney John Ottenberg, the appointed guardian ad litem for defendant Dorothy Wager. The Court VACATES its September 29, 2023, appointment of attorney Ottenberg. Notwithstanding Trustee Johnson's service on Ms. Wager by publication, the Court ORDERS Trustee Johnson to serve Ms. Wager promptly in accordance with Rule 4, Mass. R. Civ. P., without regard to its provisions for alternative service. The Court ORDERS Trustee Johnson to file by October 31, 2023, a return of service on Ms. Wager or a status report on his efforts to serve her. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Guardian Ad Litem: John Charles Ottenberg, Esq. [email protected] Sent On: 10/11/2023 15:34:20
  27. Summons returned to Court with service on Dorothy Wager also known as Erma D. Velie filed.
  28. Motion for Appointment of Commissioner, filed.
  29. Affidavit, filed.
  30. Certificate of Service, filed.
  31. The Court DIRECTS the Recorder to enter the default of defendant Dorothy Wager, also known as Erma D. Velie, in this action. The Court further GRANTS Trustee Johnson's motion for appointment of a commissioner. A separate order of appointment will issue. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Sent On: 11/10/2023 08:30:20
  32. Defendant Dorothy Wager also known as Erma D. Velie defaulted pursuant to Mass. R.Civ. P. 55(a). (Patterson, Rec.)
  33. In accordance with SJC Rule 1:07, the following fee generating appointment was made: Dennis E McHugh, Esq. appointed as Partition Commissioner (Northern Counties) On 11/10/2023 by Hon. Michael D. Vhay
  34. Interim Order Appointing Dennis E. McHugh, Esq., as Partition Commissioner, issued. (Copies emailed to Attorneys Joblin Younger and Dennis McHugh) Judge: Vhay, Hon. Michael D.
  35. In light of the Commissioner's appointment and service on all parties, the Court DISCHARGES the Guardian Ad Litem from his services in this case. The Court ORDERS the Guardian to file by December 5, 2023, an invoice for his fees and costs. The Court ORDERS Trustee Johnson, by December 12, 2023, to pay the Guardian's invoice or file any objections to the invoice. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Guardian Ad Litem: John Charles Ottenberg, Esq. [email protected] Commissioner: Dennis E McHugh, Esq. [email protected] Sent On: 11/21/2023 10:08:38
  36. Statement of Charges of John C. Ottenberg, Guardian Ad Litem, filed.
  37. Partition Commissioner's Good Faith Estimate of Time and Charges, filed.
  38. Certificate of Service, filed.
  39. Partition Commissioner's Initial Interim Report on the Premises, filed.
  40. Partition Commissioner's Amended Initial Interim Report on the Premises, filed.
  41. None of the parties having objected to the Commissioner's original and amended interim reports, the Court will issue to the Commissioner by separate order a warrant directing a sale of the parties' property for no less than $1.1 million, not including normal closing costs, within 90 days of issuance of the warrant. The Court ORDERS the parties to file by February 16, 2024, any requests authorized under G.L. c. 241 for reimbursement of expenses, including reimbursable attorney's fees. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Commissioner: Dennis E McHugh, Esq. [email protected] Sent On: 01/18/2024 15:53:28
  42. Warrant to Commissioner Dennis E. McHugh, Esq., to Sell by Private Sale, issued. (Copies emailed to Attorneys Joblin Younger and Dennis McHugh) Judge: Vhay, Hon. Michael D.
  43. Petitioner's Motion for an Award of Legal Fees and Expensed and Reimbursement of Costs, filed.
  44. Memorandum of Law in Support of Petitoner's Motion for an Award of Legal Fees and Expenses and Reimbursement of Costs, filed.
  45. Affidavit in Support of Petitioner's Motion for an Award of Legal Fees and Expenses and Reimbursement of Costs, filed.
  46. The Court has received Trustee Johnson's Motion for an Award of Legal Fees and Expenses and Reimbursement of Costs. The Court ORDERS the parties to file by March 1, 2024, any opposition to the motion. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Commissioner: Dennis E McHugh, Esq. [email protected] Sent On: 02/20/2024 12:21:34
  47. Partition Commissioner's Motion to Extend Warrant (to July 31, 2024), filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
  48. Certificate of Service, filed.
  49. Partition Commissioner's Report on Closing and Application to Distribute Funds, filed.
  50. The Court has received the Commissioner's Report on Closing and Application to Distribute Funds. The Court ORDERS the Commissioner to file by August 30, 2024, copies of his invoices and a suitable certificate under SJC Rule 1:07(7). SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Commissioner: Dennis E McHugh, Esq. [email protected] Sent On: 08/23/2024 15:12:19
  51. Fee Generating Appointment Statement of Payment, filed.
  52. The Court has received the Commissioner's request for payment of his fees and expenses, which includes copies of his invoices. The Court ORDERS the parties to file by September 11, 2024, any objections to the request. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Joblin Christopher Younger, Esq. [email protected] Commissioner: Dennis E McHugh, Esq. [email protected] Sent On: 09/03/2024 15:14:19
  53. Final Judgment of Partition, entered. (Copies emailed to Attorneys Joblin Younger and Dennis McHugh) Judge: Vhay, Hon. Michael D.

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