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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-10-13
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 47 entries
Disposition judgment entered

Parties

Plaintiff Daniel, Carol Ann
Defendant De Souza, Gregory A.

Lawyers

Docket Entries

  1. omplaint filed.
  2. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 444768 Date: 10/13/2023
  4. and Court surcharge Receipt: 444768 Date: 10/13/2023
  5. and Court summons Receipt: 444768 Date: 10/13/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. vent Scheduled Judge: Speicher, Hon. Howard P. Event: Case Management Conference Date: 11/28/2023 Time: 11:15 AM
  8. he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Sent On: 10/16/2023 14:27:47
  9. ummons returned to Court with service on Gregory A. DeSouza filed.
  10. vent Resulted: Case Management Conference scheduled on: 11/28/2023 11:15 AM Has been: Not held. For the following reason: Request of all Parties. Parties to file a status report on settlement by February 28, 2024. Hon. Howard P. Speicher, Presiding
  11. cheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 07/16/2024 Time: 03:00 PM
  12. vent Resulted: Status Conference scheduled on: 07/16/2024 03:00 PM Has been: Held via video. Attorney Christopher Fein appeared for the petitioner. Attorney Sharon Perkins-Allen appeared for the respondent. Attorney Perkins-Allen reported on the respondent's intention to purchase the petitioner's interest in the subject property via a setoff. The parties disagree as to the division of proceeds following the sale. The court will delay appointing a commissioner until after August 30, 2024 so that the parties can attempt to reach an agreement as to the sale of the property and the division of proceeds. Attorney Fein and Attorney Perkins-Allen to report to the court in writing by August 30, 2024, as to whether the parties have reached an agreement. If the parties have not reached an agreement by that date the court will appoint a commissioner. Email notice to: Attorney Christopher J. Fein and Attorney Sharon Perkins-Allen. Hon. Howard P. Speicher, Presiding
  13. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Courtesy email to: Sharon Perkins-Allen, [email protected]
  14. ppearance of Sharon S Perkins-Allen, Esq. for Gregory A. DeSouza, filed
  15. espondent's Motion to File Late Answer to Petitioner's Complaint to Petition Real Estate and Action in Equity for Accounting and Division of Proceeds, filed.
  16. nswer of Respondent to Complaint to Partition Real Estate and Action in Equity for Accounting and Division of Proceeds, filed.
  17. uly 26, 2024. Respondent's Motion to File Late Answer to Petitioner's Complaint to Petition Real Estate and Action in Equity for Accounting and Division of Proceeds, ALLOWED (Speicher, J.). Judge: Speicher, Hon. Howard P. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Defendant: Sharon S Perkins-Allen, Esq. [email protected] Sent On: 07/26/2024 11:10:37
  18. nswer and Affirmative Defenses to Counterclaim of Respondent Gregory DeSouza, filed.
  19. etitioner's Written Status Report, filed.
  20. espondent's Written Status Report, filed.
  21. n accordance with SJC Rule 1:07, the following fee generating appointment was made: Christopher J Sullivan, Esq. appointed as Partition Commissioner (Northern Counties) On 09/23/2024 by Hon. Howard P. Speicher
  22. nterim Order Appointing Christopher J. Sullivan, Esquire Partition Commissioner for Property at 13 Tucker Terrace, Randolph, Massachusetts, issued. (Copies emailed to Attorneys Christopher Joseph Fein, Sharon S Perkins-Allen, and Christopher J. Sullivan) Judge: Speicher, Hon. Howard P.
  23. ommissioner's Acceptance/Oath,filed.
  24. ommissioner's First Interim Report, filed.
  25. cheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 12/10/2024 Time: 10:45 AM
  26. vent Resulted: Status Conference scheduled on: 12/10/2024 10:45 AM Has been: Continued per the Commissioner Hon. Howard P. Speicher, Presiding
  27. cheduled Judge: Speicher, Hon. Howard P. Event: Status Conference Date: 12/18/2024 Time: 10:00 AM
  28. etitioner's Motion to Compel Discovery,filed.
  29. arrant to Commissioner Christopher J. Sullivan, Esq., to Sell by Private Sale 13 Tucker Terrace, Randolph, MA, issued. (Copies emailed to Attorneys Christopher Fein, Sharon Perkins-Allen, and Christopher Sullivan) Judge: Speicher, Hon. Howard P.
  30. tatus conference held by videoconference. Attorney Christopher Joseph Fein appeared for the petitioner. Attorney Sharon Perkins-Allen appeared for the respondent. Commissioner Christopher Sullivan also appeared. The court to issue a warrant for the sale of the property at an initial listing price of $450,000, with a determination on the division of proceeds to be made following the sale. The court will not act on petitioner's motion to compel but will ask Commissioner Sullivan to file a report determining potential deviations from an equal division of the proceeds following the sale of the property.
  31. ond of Commissioner for Sale of Real Estate, filed.
  32. inancial Notes: Commissioner Bond
  33. otion to Extend Warrant to Sell, filed.
  34. ommissioner's Status Report, filed.
  35. otice of Docket Entry: On Commissioner's Status Update and Motion to Extend Warrant to Sell: Where the Warrant issued December 18, 2024, directing the Commissioner to list the Property for sale at an initial listing price of $450,000 (and not $410,000, as indicated in Commissioner's most recent Status Update report); however, where the Commissioner reports that the parties have reached settlement, that both have vacated the premises, and that they have both agreed to accept an offer to purchase the property for $450,000, AS IS, with a closing date of April 5, 2025, the request to extend the Warrant is allowed; the Court ORDERS that the Warrant be extended for another 45 days, or until May 15, 2025, and if additional extensions are needed, a further motion can be made; the Court further ORDERS the Commissioner, to hold the proceeds from the Closing and to file with the Court for approval prior to disbursement (and to serve upon all parties to this action), by April 18, 2025, a true accounting of the conduct of the closing, and also an accounting of the parties' proposed distribution agreement, or if no agreement, the Commissioner's recommended distribution schedule, which should include an accounting of the proposed payments, credits, and debits to be made to or for the benefit of each of the parties; pursuant to Paragraph 6 of the Warrant, unless the Commissioner reports that the accounting is by agreement of the parties, the Petitioner and Respondent shall have 7 days, or until April 25, 2025, to object to the Commissioner's recommended accounting. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Defendant: Sharon S Perkins-Allen, Esq. [email protected] Commissioner: Christopher J Sullivan, Esq. [email protected] Sent On: 03/31/2025 14:17:43
  36. ssented Motion to extend Deadline to file Commissioner's Accounting, filed.
  37. otice of Docket Entry: On Commissioner's Assented Motion to Extend Deadline to File Commissioner's Accounting. Where the closing on the sale of the partition property is presently scheduled for April 30, 2025, the Motion is ALLOWED. The Commissioner shall hold distribution of the proceeds from the closing and, on or before May 14, 2025, shall file a true accounting of the conduct of the closing, and also an accounting of the parties' proposed distribution agreement, or if no agreement, the Commissioner's recommended distribution schedule, which should include an accounting of the proposed payments, credits, and debits to be made to or for the benefit of each of the parties; pursuant to Paragraph 6 of the Warrant, unless the Commissioner reports that the accounting is by agreement of the parties, the Petitioner and Respondent shall have 7 days, or until May 21, 2025, to object to the Commissioner's recommended accounting. To the extent it is also necessary to extend the term of the Warrant, it is hereby so extended to allow for the new closing date and time for the further accounting. So ordered. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Defendant: Sharon S Perkins-Allen, Esq. [email protected] Commissioner: Christopher J Sullivan, Esq. [email protected] Sent On: 04/15/2025 12:13:58
  38. ommissioner's Motion to Approve Purchase and Sale Agreement,filed.
  39. otice of Docket Entry: On Commissioner's Motion to Approve Purchase and Sale Agreement ("PSA"). Where Petitioner's signature is not included in the assent block following Commissioner's Motion, the Court ORDERS Petitioner to file any objections she might have to the PSA on or before noon on April 29, 2025. So ordered. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Defendant: Sharon S Perkins-Allen, Esq. [email protected] Commissioner: Christopher J Sullivan, Esq. [email protected] Sent On: 04/25/2025 14:38:42
  40. otice of Docket Entry: On Commissioner's Motion to Approve Purchase and Sale Agreement ("PSA"). Where Petitioner has confirmed she has no objection to the PSA, Commissioner's Motion is ALLOWED, and the PSA is approved. Per the Court's earlier April 15, 2025 docket entry, the Commissioner shall file his proposed Accounting (with proposed distribution schedule) on or before May 14, 2025, and the parties are to file any objections to said Accounting on or before May 21, 2025. So ordered. Judge: Turano-Flores, Hon. Sarah A. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Defendant: Sharon S Perkins-Allen, Esq. [email protected] Commissioner: Christopher J Sullivan, Esq. [email protected] Sent On: 04/28/2025 10:38:34
  41. ssented to Motion to Extend Deadline to File Commissioner's Accounting,filed.
  42. otice of Docket Entry: On Commissioner's Assented Motion to Extend Deadline to File Commissioner's Accounting. Where, on April 28, 2025, the Court approved a Purchase and Sale Agreement for the Partition Property with a closing date of April 30, 2025, and where the Commissioner now reports that said closing is delayed, the deadline for the Commissioner's Accounting is hereby extended from the current deadline of May 14, 2025, to fourteen (14) days after the date of the rescheduled closing. The Commissioner shall, on or before June 16, 2025, file a further Status Report with the Court, if his Accounting is not sooner filed. So ordered. Judge: Turano-Flores, Hon. Sarah A. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Defendant: Sharon S Perkins-Allen, Esq. [email protected] Commissioner: Christopher J Sullivan, Esq. [email protected] Sent On: 05/13/2025 15:23:33
  43. ommissioner's Report and Accounting among the Parties, filed.
  44. ssent from Plaintiff's Counsel(Christopher Fein), filed.
  45. ssent from Defendants' Counsel(Sharon Perkin-Allen), filed.
  46. otice of Docket Entry: Where the Respondent and Petitioner have assented to the Commissioner's Report and Accounting Among the Parties, dated May 28, 2025, by filing formal assents on the same date, the Commissioner's accounting is APPROVED, and the Commissioner is AUTHORIZED to distribute the proceeds in accordance with his accounting. Once the disbursements are fully and finally made, the Commissioner should report the same to the court, at which time the court can enter final judgment confirming partition. So ordered. Judge: Turano-Flores, Hon. Sarah A. Notice of Docket Entry was generated and sent to: Plaintiff: Christopher Joseph Fein, Esq. [email protected] Defendant: Sharon S Perkins-Allen, Esq. [email protected] Commissioner: Christopher J Sullivan, Esq. [email protected] Sent On: 05/29/2025 15:32:25
  47. ommissioner's Status Update regarding Final Account,filed.

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