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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-08-30
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 78 entries
Disposition judgment entered

Parties

Plaintiff Mc Carrick, Thomas
Defendant Mc Carrick, James|Mc Carrick, Teresa|Mc Carrick, Robert

Lawyers

Docket Entries

  1. udgment Confirming Partition, entered. (Copies emailed to Attorneys Ronald Stone, Rebecca Carey, and Pro Se Plaintiff Thomas McCarrick) Judge: Foster, Hon. Robert B.
  2. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 443696 Date: 08/30/2023
  4. and Court surcharge Receipt: 443696 Date: 08/30/2023
  5. and Court summons Receipt: 443696 Date: 08/30/2023
  6. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. he case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Thomas McCarrick No addresses available Defendant: James McCarrick No addresses available Defendant: Teresa McCarrick No addresses available Defendant: Robert McCarrick No addresses available Sent On: 09/06/2023 14:54:58
  8. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 10/05/2023 Time: 10:15 AM
  9. ppearance of Ronald M Stone, Esq. for Teresa McCarrick, filed
  10. otion to Continue, filed.
  11. ertificate, filed.
  12. vent Resulted: Case Management Conference scheduled on: 10/05/2023 10:15 AM Has been: Continued Hon. Robert B. Foster, Presiding
  13. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/07/2023 Time: 09:45 AM
  14. otice of Docket Entry: Motion to Continue Case Management Conference ALLOWED. The October 5, 2023 case management conference is continued to November 7, 2023 at 9:45 am by Zoom. Judge: Foster, Hon. Robert B.
  15. otion to Reject Change in Case Management Conference Scheduled October 5, 2023 at 10:15am to November 7, 2023 at 9:25am, filed.
  16. ummons returned to Court with service on James McCarrick filed.
  17. ummons returned to Court with service on Teresa McCarrick filed.
  18. otice of Docket Entry: Before the court is plaintiff's Motion to Reject Change in Case Management Conference Scheduled October 5, 2020 to November 7, 2023 at 9:25 am. The November 7, 2023 case management conference is hereby advanced to October 23, 2023 at 11:30 am by zoom. Judge: Foster, Hon. Robert B.
  19. vent Resulted: Case Management Conference scheduled on: 11/07/2023 09:45 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  20. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 10/23/2023 Time: 11:30 AM
  21. efendants Answer & Objection to Petition for Partition, filed.
  22. ppearance of Ronald M Stone, Esq. for James McCarrick, Robert McCarrick, filed
  23. ertificate, filed.
  24. vent Resulted: Case Management Conference scheduled on: 10/23/2023 11:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding October 23, 2023. Case management conference held by Zoom. Attorney Ronald M. Stone appeared. Thomas McCarrick appeared pro se, and was sworn. The parties agree that title to the subject property is held by each party with a 25% undivided tenancy in common interest. The property consists of a single family house and cannot be advantageously divided. It appears that petitioner and respondent Teresa McCarrick live at the property. Respondents raised questions as to whether various repairs and improvements to the property made by petitioner required inspection and building permit. Petitioner objects to any order that he and counsel for respondents reach out to building inspector. Petitioner stated that he would reach out to building inspector himself. Petitioner made motion to dismiss this action with prejudice pursuant to Mass. R. Civ. P. 41(a). Respondents to consider whether they will stipulate to dismissal or file counterclaim for partition. Motion to dismiss to be heard on November 8, 2023 at 9:00 am by Zoom. At hearing, petitioner will also report on his discussions with the building inspector.
  25. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Defendant: Ronald M Stone, Esq. [email protected] Plaintiff: Thomas McCarrick 50 woodland rd, Ashland, MA 01721 Defendant: Robert McCarrick 50 Woodland rd, Ashland, MA 01721 Sent On: 10/23/2023 15:40:59
  26. cheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 11/08/2023 Time: 09:00 AM
  27. eport, filed. Mr Stone, I have reached out to building inspector. I will apply for building permit, I will need authorization from my siblings. Please discuss with them if they are willing to sign permit application. I will remove two walls, bathroom improvements remain but will be signed off by town. If they do not agree with this resolution I will withdraw my petition and look foward to a counter suit. I need to be able to plan. The actions of my siblings have disrupted my life. I will include all actions by Teresa, James, Bob towards me and my wife which made it impossible for me to enjoy my residence safety and equitably. Thank you, Tom
  28. vent Resulted: Motion scheduled on: 11/08/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding November 8, 2023. Status conference and hearing on motion to dismiss held by Zoom. Thomas McCarrick appeared pro se and was sworn. Attorney Ronald M. Stone appeared. Mr. McCarrick renewed his motion to dismiss. Attorney Stone reports that the respondents have not been able to reach an agreement with Mr. McCarrick, and will file a counterclaim for partition by November 15, 2023. Mr. McCarrick objects to the counterclaim. Upon filing of the counterclaim for partition, a commissioner will be appointed.
  29. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Defendant: Ronald M Stone, Esq. [email protected] Plaintiff: Thomas McCarrick 50 woodland rd, Ashland, MA 01721 Defendant: Robert McCarrick 50 Woodland rd, Ashland, MA 01721 Sent On: 11/08/2023 14:18:41 Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Defendant: Ronald M Stone, Esq. [email protected] Plaintiff: Thomas McCarrick 50 woodland rd, Ashland, MA 01721 Defendant: Robert McCarrick 50 Woodland rd, Ashland, MA 01721 Sent On: 11/08/2023 14:18:45
  30. otion to Dismiss, filed.
  31. ounterclaim of Respondents/Co-Petitioners in Counterclaim to Petition for Partition, filed.
  32. ertificate, filed.
  33. nterim Order Appointing Rebecca R. Carey, Esq., as Partition Commissioner for Property at 50 Woodland Rd., Ashland, MA, issued. (Copies emailed to Attorneys Rebecca Carey and Ronald Stone, and Pro Se Litigants Thomas McCarrick, Robert McCarrick, and James McCarrick) Judge: Foster, Hon. Robert B.
  34. n accordance with SJC Rule 1:07, the following fee generating appointment was made: Rebecca R Carey, Esq. appointed as Partition Commissioner (Western Counties) On 11/16/2023 by Hon. Robert B. Foster Judge: Foster, Hon. Robert B.
  35. ommissioner's Oath, filed.
  36. ommissioner's Recommendation for Third Party Appraisal, filed.
  37. ommissioner's Estimate of Fees and Expenses, filed.
  38. ertificate, filed.
  39. otion to Extend Time to Investigate and File Commissioner's Report, filed.
  40. otice of Docket Entry: Motion to Extend Time to Investigate and File Commissioner's Report ALLOWED. The deadline for filing the Commissioner's report is extended for 30 days Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick 50 woodland rd, Ashland, MA 01721 Defendant: Robert McCarrick 50 Woodland rd, Ashland, MA 01721 Sent On: 01/22/2024 09:01:55
  41. otice of Docket Entry: Commissioner's Recommendation for Third Party Appraisal is APPROVED. Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick 50 woodland rd, Ashland, MA 01721 Defendant: Robert McCarrick 50 Woodland rd, Ashland, MA 01721 Sent On: 01/25/2024 11:30:31
  42. ommissioner's Report, filed.
  43. ertificate of Service, filed.
  44. ebruary 21, 2024: Objections to Commissioner's Report are due on March 4, 2024.(Foster J.). Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Sent On: 02/21/2024 14:28:09 Plaintiff: Thomas McCarrick [email protected] and 50 Woodland Street, Ashland, MA 01721 Sent On: 02/21/2024 14:32:03
  45. bjection to Commissioners Report, filed.
  46. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/21/2024 Time: 10:00 AM
  47. vent Resulted: Status Conference scheduled on: 03/21/2024 10:00 AM Has been: Rescheduled Hon. Robert B. Foster, Presiding
  48. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 03/21/2024 Time: 10:00 AM
  49. arrant to Commissioner Rebecca R. Carey, Esq., to Sell by Private Sale a Certain Parcel of Real Property in Ashland, MA, issued. (Copies emailed to Attorneys Ronald Stone and Rebecca Carey, and Pro Se Plaintiff Thomas McCarrick) Judge: Foster, Hon. Robert B.
  50. vent Resulted: Status Conference scheduled on: 03/21/2024 02:00 PM Has been: Held in person Hon. Robert B. Foster, Presiding March 21, 2024. Status conference held in person in the Courthouse. Thomas McCarrick appeared pro se and was sworn. Attorney Ronald M. Stone and Commissioner Rebecca Carey appeared. The Court inquired to Mr. McCarrick what exactly his intent was with respect to his Motion to Dismiss. Mr. McCarrick stated that he felt the process was becoming too frivolous. The Court noted that the respondents have filed a counterclaim for partition. The Motion to Dismiss was ALLOWED. Petitioner Thomas McCarrick's petition for partition is DISMISSED without prejudice. The counterclaim for partition will go forward. The counterclaim petitioners wish that the house should be sold as is, and counterclaim respondent agrees. The parties confirmed that the house is insured and has its property taxes and insurance paid. Warrant shall issue authorizing Commissioner Carey to place the property at 50 Woodland Road, Ashland, on the market for the price of $635,000. Mr. McCarrick is free to make an offer to purchase the property, which will be assessed on the same basis as offers from third parties. (Foster J.).
  51. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick [email protected] Sent On: 03/22/2024 09:55:47
  52. ommissioner's Recommendation for Third Party Septic Inspector, filed.
  53. une 11, 2024. Response to Commissioner's Recommendation for Third Party Septic Inspection due, June 20, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick [email protected] Sent On: 06/11/2024 11:34:00
  54. esponse to Commissioner's request to contract third party for septic inspection at subject property, 50 Woodland Rd. Ashland, Ma 01721, filed.
  55. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/25/2024 Time: 12:00 PM
  56. vent Resulted: Status Conference scheduled on: 06/25/2024 12:00 PM Has been: Held in person Hon. Robert B. Foster, Presiding June 25, 2024. Status conference held in person at the Courthouse. Thomas McCarrick appeared pro se and was sworn. Attorney Ronald M. Stone and Commissioner Rebecca Carey appeared. The purpose of this status conference is to discuss the pending Commissioner's Recommendation for Third Party Septic Inspector. Petitioner/Respondent in Counterclaim Thomas McCarrick (Thomas) has expressed his concerns to the inspection as to the firm belief the septic system will not pass, and spending should be allocated elsewhere. Commissioner Carey states that a septic could be tied to the property for the property to pass Title V or sell the house as is. As the cost of the inspection according to Commissioner Carey's real estate broker is only $500.00, the recommendation is ALLOWED, and Commissioner Carey is AUTHORIZED to conduct a Title V inspection of the septic system at a cost of $500. Respondent/Petitioner in Counterclaim Teresa McCarrrick (Teresa) expressed to the Court the desire to obtain personal belongings still located on the property. It is therefore ORDERED that on June 30, 2024, at 3:00pm, Ms. Teresa McCarrick, accompanied by her Attorney, will be permitted to enter the premises of 50 Woodland Road in order to retrieve any personal property. The parties while together present other disagreements to which Thomas expressed his desire to hire an attorney in order to properly express his arguments still present. A Status Conference is set down to be heard IN PERSON at the Courthouse in Boston on July 12, 2024 at 10:30am to update the Court on further progress. (Foster, J.)
  57. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick [email protected] Sent On: 06/25/2024 15:35:26
  58. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/12/2024 Time: 10:30 AM
  59. vent Resulted: Status Conference scheduled on: 07/12/2024 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 12, 2024. Status conference held by Zoom. Thomas McCarrick appeared pro se and was sworn. Attorney Ronald M. Stone and Commissioner Rebecca Carey appeared. The respondent reports that she will not need to enter the property to retrieve her belongings until the house is sold. Commissioner Carey states that the septic system inspection will cost closer $950, but will be conducted. Commissioner Carey also reports that a potential buyer has made an offer for $585,000 with conditions, including a passing Title V inspection. Commissioner Carey will have the inspection performed and further negotiate with the potential buyer. A Status Conference is set down for July 22, 2024 at 9:30am by Zoom. (Foster, J.)
  60. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick [email protected] Sent On: 07/12/2024 16:20:33
  61. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/22/2024 Time: 09:30 AM
  62. vent Resulted: Status Conference scheduled on: 07/22/2024 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 22, 2024. Status conference held by Zoom. Thomas McCarrick appeared pro se and was sworn. Attorney Ronald M. Stone and Commissioner Rebecca Carey appeared. Commissioner Carey reported that she has received an offer for the property for $610,000 contingent on a sewer line hookup to town sewer before closing. The Court is in receipt of two estimates for a sewer hookup of the property, one solicited by Commissioner Carey and Mr. McCarrick's independent estimate. Commissioner Carey is instructed to negotiate with the potential buyer toward a purchase and sales agreement and to review both estimates in order to move ahead with the hookup. The Court also informs the parties as the property is owned 25% equally, if payment for the sewer hookup is required before closing, they are each obligated to pay 1/4th of the cost of the sewer hookup. Mr. McCarrick objects. Commissioner Carey is instructed to seek payments from the parties for the hookup, and Mr. McCarrick may file an objection at that time demonstrating that he is unable to pay his share before closing. Any purchase and sales agreement will have to be approved by the court. A copy of said purchase and sale agreement will be submitted to the court, and the parties will have 7 days from the filing of the proposed purchase and sale agreement to respond or file objections, after which the court will issue its ruling. Once a sale has been agreed to, the parties may file claims for adjustments for distributions of funds. A Status Conference is set down for August 8, 2024, at 9:30am by Zoom. (Foster, J.)
  63. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick [email protected] Sent On: 07/22/2024 16:12:24
  64. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/08/2024 Time: 09:30 AM
  65. vent Resulted: Status Conference scheduled on: 08/08/2024 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 8, 2024. Status conference held by Zoom. Thomas McCarrick appeared pro se and was sworn. Attorney Ronald M. Stone and Commissioner Rebecca Carey appeared. The Court is in receipt of the draft Purchase and Sale Agreement for sale of the partition property for $610,000. A condition of this purchase and sale agreement is for the sewer hookup prior to closing. Commissioner Carey reports that she is prepared to engage the contractor for the hookup; the contractor will either be paid at the time of hookup or out of the sales proceeds at closing. The parties and the Court agree. Commissioner Carey is authorized to proceed with said hookup. After discussion, the parties assent to the Purchase and Sale Agreement. The Purchase and Sale Agreement is APPROVED, and the Commissioner is authorized to negotiate and execute a final agreement, including negotiation of the closing date and other terms, and proceed to closing. The parties agree to execute the final Purchase and Sale Agreement. The Commissioner is to submit with the Court and the parties the fully executed Purchase and Sale Agreement. The parties made aware to the Court personally belongings still present in the property, to which the Court directs the parties to arrange a time to remove all personal property before the closing date. After closing, the Commissioner will file her accounting and proposed distribution as directed in the Warrant, and the parties will respond as directed in the Warrant. The Commissioner is directed to file a status report on September 30, 2024, to provide an update on the sale of the property. (Foster, J.)
  66. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick [email protected] Sent On: 08/08/2024 12:17:25
  67. ommissioner's Status Report, filed. (Courtesy copy received on September 19, 2024)
  68. ccounting, filed. (Courtesy copy received on September 19, 2024)
  69. tatement of Payment, filed. (Courtesy copy received on September 19, 2024)
  70. ertificate of Service, filed. (Courtesy copy received on September 19, 2024)
  71. eport, filed.
  72. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 11/08/2024 Time: 11:30 AM
  73. vent Resulted: Status Conference scheduled on: 11/08/2024 11:30 AM Has been: Held in person Hon. Robert B. Foster, Presiding November 8, 2024. Status conference held in person at the Courthouse. Thomas McCarrick appeared pro se and was sworn. Attorney Ronald M. Stone appeared. Teresa McCarrick was sworn. The purpose of this status conference is discussion of accounting submitted by Commissioner Carey. The parties confirm they hold no objections to the accounting. Attorney Stone on behalf of Mr. McCarrick requests reimbursement for a refund of an insurance policy from Thomas McCarrick, which is allowed. Mr. McCarrick before the Court endorses a check for this cause. With the agreement of counsel, the other two parties shall reimburse to Teresa McCarrick 25% of the cost of the walk in closet; Thomas McCarrick shall not be obligated to contribute. Thomas McCarrick is ORDERED to provide copies of the checks to this court indicating payment of property taxes from the years 2018-2019. After discussion, the Court will make necessary adjustments to accounting and issue an order for disbursement. (Foster, J.)
  74. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick [email protected] Sent On: 11/13/2024 11:37:49
  75. djusted Accounting and Order for Disbursement, issued. (Copies emailed to Attorneys Ronald Stone and Rebecca Carey, and Pro Se Plaintiff Thomas McCarrick) Judge: Foster, Hon. Robert B.
  76. mended Accounting, filed.
  77. ovember 26, 2024. The Commissioner's Amended Accounting, filed November 21, 2024, is APPROVED. The Commissioner is authorized and directed to make distribution to the parties as set forth in the Amended Accounting if she has not already done so. The Commissioner shall file a final report within ten days of completing distribution. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Ronald M Stone, Esq. [email protected] Commissioner: Rebecca R Carey, Esq. [email protected] Plaintiff: Thomas McCarrick [email protected] Sent On: 11/26/2024 13:23:20
  78. inal Report of Commissioner, filed.

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