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Case Information

Filed 2023-10-24
Status Open
Type Par Partition, G.l. Chapter 241
Docket 101 entries

Parties

Plaintiff Cook, Glen|Cook Barry, Brenda|Cook, Brian|Cook, Gregory
Defendant Cook, Leanne|Cook, Alan T.|Lavigne, Cc Nancy

Docket Entries

  1. ertificate of Service, filed.
  2. ase assigned to the Fast Track per Land Court Standing Order 1:04.
  3. and Court miscellaneous filing fee Receipt: 445019 Date: 10/24/2023
  4. and Court surcharge Receipt: 445019 Date: 10/24/2023
  5. niform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. otion for Petition to Partition, filed.
  7. otion to Exclude Alexandra Cook, James Cook and non-parties from Petition to Partition Process, filed.
  8. lan Cooks Motion to Dismiss in Accordance with Ma. Rule of Civil Procedure + Memorandum of Law in Support of Alan Cooks Motion to Dismiss in Accordance with Ma. Rule of Civil Procedure, filed.
  9. vent Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 11/09/2023 Time: 10:30 AM
  10. etitioners Opposition to Defendants Motion to Dismiss, filed
  11. vent Resulted: Case Management Conference scheduled on: 11/09/2023 10:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding November 9, 2023. Case management conference and status conference held by Zoom. Attorney Christopher Joseph Fein appeared. Brian Cook and Alan Cook appeared pro se, and were sworn. With agreement of parties, case nos. 22 MISC 000190 and 23 MISC 000363 are each DISMISSED without prejudice. Case no. 23 MISC 000530 is a claim for partition of lots 2592 through 2599, as set forth in the petition. Record title needs to be established before the partition can move forward. The petitioners allege that title was held by Esther S. Cook, and is now held by her heirs. Brian Cook waives any claim to title apart from his interest as heir of Esther S. Cook. Based on that waiver, defendants withdraw their motion to dismiss, but seek to recover attorneys' fees. Petitioner to file brief demonstrating title and amend petition for partition to reflect correct interests by November 30, 2023. Defendants to file motion for fees by November 30, 2023. Respective responses are due January 3, 2023. A status conference and hearing is set down for January 10, 2024 at 10:15 am by Zoom.
  12. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Glen Cook No addresses available Defendant: Leanne Cook No addresses available Plaintiff: Brenda Cook Barry No addresses available Plaintiff: Brian Cook No addresses available Plaintiff: Gregory Cook No addresses available Defendant: Alan T. Cook No addresses available Sent On: 11/10/2023 10:01:53
  13. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 01/10/2024 Time: 10:15 AM
  14. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Glen Cook No addresses available Defendant: Leanne Cook No addresses available Plaintiff: Brenda Cook Barry No addresses available Plaintiff: Brian Cook No addresses available Plaintiff: Gregory Cook No addresses available Defendant: Alan T. Cook No addresses available Sent On: 11/10/2023 10:46:22
  15. etitioners Motion in Opposition to Respondent's Motion for an Award of Attorney Fees, filed.
  16. otion for Attorney Fees and Costs, filed.
  17. ttorney Affidavit, filed.
  18. ounter Motion for Sanctions and Costs, filed.
  19. etitioners Amended Motion in Opposition to Respondent's Motion For an Award of Attorneys Fees or in The Alternative Petitioners Motion for an Award of Attorneys Fees, filed.
  20. etitioners Response to The Land Court's Requested Analysis of The Ownership of Land in Halifax, Ma Claimed to be Part of The Estate of Esther S Cook as Listed in The Petitioner to Partition Submitted to This Court, filed
  21. espondent Alan Cook's Response Pursuant to November 10 2023 Court Order, filed.
  22. otion for Petition for Partition, filed.
  23. mended Petition to Partition, filed.
  24. etitioners' Response to the Land Court's Requested Analysis of the Ownership of Land in Halifax, Ma Claimed to Be Part of the Estate of the Esther. S. Cook as Listed in the Petition to Partition Submitted to this Court, filed.
  25. vent Resulted: Status Conference scheduled on: 01/10/2024 10:15 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 10, 2024. Status conference and hearing on motion for fees held by Zoom. Attorney Christopher Fein appeared. Brian Cook and Glen Cook appeared pro se and were sworn. After hearing, the Motion for Attorney Fees and Costs is denied without prejudice to renewal at close of case. This partition concerns what are known as parcels 2592, 2593, 2594, 2597, 2598, and 2599 in Halifax. The threshold question is who are the tenants in common holding title; that is, what is the chain of record title and who are the current record title holders and in what interest. Plaintiff Brian Cook has submitted various title and probate materials. The initial title report indicates that Esther S. Cook took title to the subject parcels and multiple abutting parcels by a deed dated November 21, 1924 and recorded in the registry on June 30, 1925 in Book 1488, Page 10. Esther S. Cook died on September 5, 1985, leaving three sons. Those sons have each passed away, and the parties are grandchildren of Esther S. Cook with potential interests in the parcels. Plaintiffs must provide a complete title report on the parcels. In particular, plaintiffs must demonstrate (a) these parcels were conveyed to Esther S. Cook in the 1924 deed; (b) Esther S. Cook did not convey any of these parcels before her death; (c) none of the parcels is the subject of a tax taking or, if so, was redeemed; (d) assuming Esther S. Cook held these parcels at her death, how interests in the parcels were distributed to her heirs, including all wills, trusts, and probate decrees. Brian Cook shall record notice of this proceeding with the registry of deeds pursuant to G.L. c. 241, 7, with notice to this court, by February 9, 2024. The court notes that there are extant tax takings recorded on the parcels. Mr. Cook shall also give notice of this proceeding to the Town of Halifax or notice to the court that the tax takings have been redeemed, by February 9, 2024. A status conference is set down for April 18, 2024 at 9:30 am by Zoom.
  26. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Christopher Joseph Fein, Esq. [email protected] Plaintiff: Glen Cook No addresses available Defendant: Leanne Cook No addresses available Plaintiff: Brenda Cook Barry No addresses available Plaintiff: Brian Cook No addresses available Plaintiff: Gregory Cook No addresses available Sent On: 01/11/2024 12:43:48
  27. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 04/18/2024 Time: 09:30 AM
  28. etter from Pro Se Brian R. Cook providing additional information, filed.
  29. upplemental Title Report on Parcels 2592, 2593, 2594, 2597 2598 and 2599 in Halifax, MA, filed.
  30. vent Resulted: Status Conference scheduled on: 04/18/2024 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 18, 2024. Status conference held by Zoom. Attorney Christopher Fein appeared. Brian Cook, Glen Cook, Brenda Barry Cook and Nancy Lavigne appeared pro se and were sworn. Brian Cook confirmed with the Court that the notice of Partition was recorded at the Plymouth Registry of Deeds at Book 58733, Page 78, and that the Town of Halifax was notified of this pending litigation. Mr. Cook is instructed to file a copy of the recorded notice. The parties confirm that the subject parcels are parcel nos. 2592, 2593, 2596, 2597, 2598, and 2599. Upon motion of Mr. Cook and without opposition, the Town of Halifax is added as an interested party in this partition proceeding. Counsel for the Town of Halifax shall file their appearance by May 20, 2024. The parties are ordered to review the title report submitted by Brian Cook, and prepare a joint statement setting forth the title to the subject parcels with the percentage ownership interests of each tenant in common. If the parties do not agree, they shall submit a joint report setting forth the questions of title on which they agree and those on which they disagree, and set forth the basis for their disagreement. The joint report is due May 20, 2024. A Status Conference is set down for June 5, 2024 at 9:45AM via Zoom. (Foster J.)
  31. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Christopher Joseph Fein, Esq. [email protected] Plaintiff: Glen Cook [email protected] Plaintiff: Brenda Cook Barry 481 Chestnut Crossing, Moncure, NC 27559 Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Cc Nancy Lavigne 7028 Brandywine Drive, Englewood, FL 34224 Sent On: 04/18/2024 15:44:52
  32. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/05/2024 Time: 09:45 AM
  33. espondent Alan Cook's Motion to Continue Status Conference, filed.
  34. pril 29, 2024. Response to the Motion to Continue Status Conference is due May 6, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Christopher Joseph Fein, Esq. [email protected] Plaintiff: Glen Cook [email protected] Plaintiff: Brenda Cook Barry 481 Chestnut Crossing, Moncure, NC 27559 Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Alan T. Cook [email protected] Defendant: Cc Nancy Lavigne 7028 Brandywine Drive, Englewood, FL 34224 Sent On: 04/29/2024 12:58:47
  35. etitions Objection to Respondents Alan Cook's Motion for a Continuance, filed.
  36. ppearance of Timothy Curley, Esq. for Town of Halifax, filed
  37. ay 29, 2024. Respondent Alan Cook's Motion to Continue Status Conference ALLOWED. The June 5, 2024 status conference is continued to July 10, 2024 at 11:00 am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Christopher Joseph Fein, Esq. [email protected] Interested Party: Timothy Curley, Esq. [email protected] Plaintiff: Glen Cook [email protected] Plaintiff: Brenda Cook Barry 481 Chestnut Crossing, Moncure, NC 27559 Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Cc Nancy Lavigne 7028 Brandywine Drive, Englewood, FL 34224 Sent On: 05/29/2024 09:51:30
  38. vent Resulted: Status Conference scheduled on: 06/05/2024 09:45 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Robert B. Foster, Presiding
  39. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/10/2024 Time: 11:00 AM
  40. oint Statement of the Heirs of Esther S. Cook as it Pertains to the Petition to the Partition lots known and numbered as Map 11-2597 and Map 11-2593 by the Board of Assessors of the Town of Halifax currently under consideration in Massachusetts Land Court case docket number 23 MISC.000530, filed.
  41. ppearance of Timothy E Angley, Esq. for Alan T. Cook, filed
  42. oint Statement by Defendant Heirs of Ester S. Cook,, filed.
  43. vent Resulted: Status Conference scheduled on: 07/10/2024 11:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 10, 2024. Status conference held by Zoom. Attorneys Timothy Angley and Timothy Curley appeared. Glen Cook and Brenda Cook Barry appeared pro se and were sworn. The Town of Halifax reports to the Court that the lots that are the subject of their tax takings are parcels 2592, 2593, and 2594, in one taking, and 2597, 2598, and 2599 in the other taking. This is inconsistent with what was reported at the April 18, 2024 status conference where the petitioners stated the subject lots were parcels 2592, 2593, 2596, 2597, 2598, and 2599. The parties will confer to identify, once and for all, what parcels are the subject of this partition action and who the current owners are with their percentage interests in each parcel set forth. The parties shall submit to the Court a status report with this information by August 16, 2024. A status conference is set down for August 22, 2024 at 9:00am by Zoom. (Foster, J.)
  44. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Defendant: Christopher Joseph Fein, Esq. [email protected] Interested Party: Timothy Curley, Esq. [email protected] Plaintiff: Glen Cook [email protected] Plaintiff: Brenda Cook Barry 481 Chestnut Crossing, Moncure, NC 27559 Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Cc Nancy Lavigne 7028 Brandywine Drive, Englewood, FL 34224 Sent On: 07/11/2024 09:08:55
  45. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/22/2024 Time: 09:00 AM
  46. etitioner's Response to Judge Foster's Finding of July 10, 2024 Requesting Clarification Halifax Town Records as to lots under consideration in the Petition to Partition, filed.
  47. etter from Attorney Curley providing clarification, filed.
  48. oint Statement of Land in Dispute by Defendant Heirs of Ester S. Cook, filed.
  49. oint Statement of Land in Dispute by Plaintt Heirs of Esther S. Cook, filed.
  50. vent Resulted: Status Conference scheduled on: 08/22/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 22, 2024. Status conference held via Zoom. Attorneys Timothy Angley and Timothy Curley appeared. Brian Cook and Brenda Cook Barry appeared pro se and were sworn. The Court is in receipt of the parties' statements pertaining to the lots subject to this partition. It is hereby confirmed by the parties and this Court that Lots 2592, 2593, 2594, 2597, 2598 and 2599 are the locus lots subject to this partition. As the parcels have now been clarified the Town of Halifax confirms with the Court tax takings of all of the parcels dating from Fiscal Year 2009. The Court ORDERS the parties to prepare a joint statement indicating the persons' owning shares in the subject parcels with their percentage interest. Parties are to submit this joint statement by September 17, 2024. The Court also requests the Town of Halifax to provide a statement of the amount currently owed on back taxes to partition parcels by September 17, 2024. The Court orders the parties to confer regarding the market value of the subject parcels and potential settlement/buyout to these parties. A status conference is set down for September 19, 2024 at 9:00am by Zoom. (Foster, J.)
  51. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Defendant: Christopher Joseph Fein, Esq. [email protected] Interested Party: Timothy Curley, Esq. [email protected] Plaintiff: Glen Cook [email protected] Plaintiff: Brenda Cook Barry 481 Chestnut Crossing, Moncure, NC 27559 Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Cc Nancy Lavigne 7028 Brandywine Drive, Englewood, FL 34224 Sent On: 08/23/2024 08:43:11
  52. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 09/19/2024 Time: 09:00 AM
  53. etter Regarding Property Taxes Owed, filed.
  54. etitioners Response to Court Order for Property Tax Information, filed.
  55. oint Statement of Parties in Response to Order of Court, filed.
  56. etitioners Response to Court Order for Real Property Identifcation and Percentage Ownership of said Real Property, filed.
  57. otion to Continue, filed.
  58. eptember 18, 2024. Motion to Continue ALLOWED. The status conference set down for September 19, 2024 is continued to October 1, 2024 at 12:00pm (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Interested Party: Timothy Curley, Esq. [email protected] Plaintiff: Glen Cook [email protected] Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Cc Nancy Lavigne [email protected] Sent On: 09/18/2024 15:00:28
  59. vent Resulted: Status Conference scheduled on: 09/19/2024 09:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  60. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 10/01/2024 Time: 12:00 PM
  61. vent Resulted: Status Conference scheduled on: 10/01/2024 12:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding October 1, 2024. Status conference held via Zoom. Attorneys Timothy Angley and Timothy Curley appeared. Brian Cook and Glenn Cook appeared pro se and were sworn. The Court is in receipt of the Joint Statement of Parties in Response to Order of Court and Petitioners Response to Court Order for Real Property Identification and Percentage Ownership of said Real Property, to which reports the lots in question of this partition and ownership interest. The court will issue an Interlocutory Decree declaring the parties' interests in the subject parcels by October 11, 2024. The petitioners request the appointment of a Court appointed Commissioner to sell the property, to which the respondents still desire to buyout interests of the property. A status report is due on November 4, 2024 regarding either agreement or an appointment of a Commissioner. If no agreement is reached, the court will appoint a Commissioner. In the event the outstanding tax taking is paid off, the parties are to submit with this Court a notice of this. (Foster, J.)
  62. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Interested Party: Timothy Curley, Esq. [email protected] Plaintiff: Glen Cook [email protected] Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Cc Nancy Lavigne [email protected] Sent On: 10/02/2024 16:29:09
  63. ithdrawal of Timothy E Angley, Esq. for Alan T. Cook, Leanne Cook, filed
  64. ctober 10, 2024. The court is in receipt of the Notice of Withdrawal of attorney Timothy Angley. Attorney Angley is instructed to file a certificate of service certifying service of the Notice of Withdrawal on all parties, including the defendants. Assent of the defendants to the withdrawal and confirming their proceeding pro se shall be filed by October 21, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Defendant: Timothy E Angley, Esq. [email protected] Interested Party: Timothy Curley, Esq. [email protected] Plaintiff: Glen Cook [email protected] Defendant: Leanne Cook No addresses available Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Alan T. Cook [email protected] Defendant: Cc Nancy Lavigne [email protected] Sent On: 10/10/2024 12:46:14
  65. otion to Assent to Withdrawal of Attorney Angley and Proceed Pro Se, filed.
  66. otion to Impound proceeds and protect the interests of all heirs, filed.
  67. otion to Verify and Limit reimbursement of Expenses and to Exclude Survey and Legal Fees, filed.
  68. otion to Appoint Commissioner and Proceed with Public Auction of Property, filed.
  69. otion to Request a Hearing Prior to November 4, 2024, or to reschedule the Commissioner Appointment to a Later Date, filed.
  70. etitioners Opposition to Any and All further Motions to Delay, Impede or Obstruct the Petition to Partition Process, filed.
  71. tatus Update as Requested by the Court by November 4, 2024, filed.
  72. tatus Update as Requested by the Court by November 4, 2024 (with exhibits), filed.
  73. cheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 11/22/2024 Time: 10:30 AM
  74. otion to Continue, filed.
  75. ovember 14, 2024. Motion to Continue ALLOWED. The hearing on Alan Cook's Motions set down for November 22, 2024 has been continued to November 26, 2024 at 11:15am by Zoom. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Interested Party: Timothy Curley, Esq. [email protected] Plaintiff: Glen Cook [email protected] Defendant: Leanne Cook [email protected] Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Alan T. Cook [email protected] Defendant: Cc Nancy Lavigne [email protected] Sent On: 11/14/2024 11:24:50
  76. vent Resulted: Motion scheduled on: 11/22/2024 10:30 AM Has been: Continued For the following reason: Request of Defendant(s) Hon. Robert B. Foster, Presiding
  77. cheduled Judge: Foster, Hon. Robert B. Event: Motion Date: 11/26/2024 Time: 9:00 AM
  78. etitioners Motion to Compel the Appointment of a Commissioner in this Matter and to Oppose all further Motions or Hearings designed to Delay, Impede or Obstruct the Petition to Partition Process, filed.
  79. etitioners Motion to Include Payment of All Validated Expenses in Any Land Sale, filed.
  80. otion to Oppose Petitioners' Motion to Include Payment of all Validated expenses in any land sale, filed.
  81. n accordance with SJC Rule 1:07, the following fee generating appointment was made: Stuart W Rapp, Esq. appointed as Partition Commissioner (Southern Counties) On 11/26/2024 by Hon. Robert B. Foster
  82. vent Resulted: Motion scheduled on: 11/26/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding November 26, 2024. Hearing on Motion to Impound proceeds and protect interests of all heirs, Motion to Verify and Limit reimbursement of Expenses and to Exclude Survey and Legal Fees, Motion to Appoint Commissioner and Proceed with Public Auction of Property, Motion to Request a Hearing Prior to November 4, 2024, or to reschedule the Commissioner Appointment to a Later Date held via Zoom. Attorney Timothy Curley appeared. Brian Cook, Alan Cook and Glenn Cook appeared pro se and were sworn. After discussion, the Motion to Appoint Commissioner and Proceed with Public Auction of Property is ALLOWED IN PART and the remaining motions are DENIED without prejudice. The Court will appoint a partition commissioner. The respondent Alan Cook raised the question of a potential sale of the partition property to Ed Johnson and disputed claims of a deal. As sworn before the Court, the Petitioners state under oath that they have not received $30,000 towards a purchase of the property. Appointment of partition commissioner to issue with no further events scheduled. (Foster, J.)
  83. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Interested Party: Timothy Curley, Esq. [email protected] Plaintiff: Glen Cook [email protected] Defendant: Leanne Cook [email protected] Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Alan T. Cook [email protected] Defendant: Cc Nancy Lavigne [email protected] Sent On: 11/26/2024 14:24:25
  84. nterim Order Appointing Stuart W. Rapp, Esq., Partition Commissioner, for Property at 22 Hillside Avenue, Rehoboth, MA, issued. (Copies emailed to Attorneys Timothy Curley and Stuart Rapp, and Pro Se Parties Glen Cook, Leanne Cook, Brenda Cook Barry, Brian Cook, Alan Cook, and Nancy Lavigne. Copy mailed via USPS to Gregory Cook) Judge: Foster, Hon. Robert B.
  85. ecember 6, 2024. Several parties have reported to the court errors in the Interim Order Appointing Stuart W. Rapp, Esq. Partition Commissioner, issued November 27, 2024. The court acknowledges and regrets the errors and is prepared to issue an amended Interim Order. The court requests that the parties confirm the following: (1) the address or other identification of the parcels subject to partition, (2) that Nancy Lavigne, not Leanne Cook, holds a 1/3 interest in the partition parcels, and (3) the correct address for Ms. Lavigne or Ms. Cook, whichever is the interest holder. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Interested Party: Timothy Curley, Esq. [email protected] Commissioner: Stuart W Rapp, Esq. [email protected] Plaintiff: Glen Cook [email protected] Defendant: Leanne Cook [email protected] Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Alan T. Cook [email protected] Defendant: Cc Nancy Lavigne [email protected] Sent On: 12/06/2024 11:55:17
  86. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 01/24/2025 Time: 02:00 PM
  87. vent Resulted: Status Conference scheduled on: 01/24/2025 02:00 PM Has been: Held via video Hon. Robert B. Foster, Presiding January 24, 2025. Status Conference held via Zoom. Attorney Timothy Curley appeared. Commissioner Stuart Rapp appeared. Brian Cook, Alan Cook, Nancy Lavigne and Glenn Cook appeared. The court is in receipt of multiple inquires regarding the status of Commissioner Rapp's first interim report. The court reminds the parties that they are still obligated to pay their percentage interest in the real estate taxes as requested by the Commissioner so that he may satisfy the back taxes owed on the properties. At the request of the Commissioner, the description of the partition lots shall be listed as two large separate lots as follows. Parcel one shall consist of Map 11, lots 2592, 2593 and 2594 as listed by the Board of Assessors of the Town of Halifax and Parcel two shall consist of Map 11, lots 2597, 2598 and 2599. Nancy Lavigne reports that she is a 1/3 title holder rather than her sister Leanne Cook. After discussion, Nancy Lavigne and Leanne Cook are to submit to the court copies of the Will of Evelyn M. Spurr and a statement under oath indicating the correct percentage entities both hold to these parcels, which are both due on February 7, 2025. Once the court is in receipt of the documents as requested on February 7, 2025, an amended interim order will be issued, and from that Commissioner Rapp will have 2 weeks to complete his first Interim report. Once received, the parties will have two weeks to respond, and the court will schedule a status conference if necessary. (Foster, J.)
  88. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Interested Party: Timothy Curley, Esq. [email protected] Commissioner: Stuart W Rapp, Esq. [email protected] Plaintiff: Glen Cook [email protected] Defendant: Leanne Cook [email protected] Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Alan T. Cook [email protected] Defendant: Cc Nancy Lavigne [email protected] Sent On: 01/27/2025 08:44:16
  89. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 04/29/2025 Time: 10:45 AM
  90. tatus Report, filed.
  91. vent Resulted: Status Conference scheduled on: 04/29/2025 10:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 29, 2025. Status Conference held via Zoom. Attorney Timothy Curley appeared. Commissioner Stuart Rapp appeared. Brian Cook, Alan Cook, Nancy Lavigne, Leanne Cook and Glenn Cook appeared. The court is in receipt of the Commissioner's status report regarding the listing and preparation for the sale of the subject lots. The court finds at this time Ms. Nancy Lavigne and Leanne Cook are interested parties. The court will determine at the time of distribution whether they are entitled to 1/3 of the distribution based on the 1/3 interest of the estate of Evelyn Spur. The court ORDERS the Town of Halifax to provide to the court and the parties the outstanding tax title balance on these properties in writing by May 13, 2025. Upon receipt of the amount owed, the parties are to confer with the Commissioner on how to proceed with paying any outstanding taxes on the property. Ms. Lavigne had indicated that she will pay her share of the taxes directly to the Town of Halifax. The court FURTHER ORDERS Commissioner Rapp to further explore means of selling the property either by public auction or private sale, including a listing price, and report to the court and the parties by May 13, 2025. Upon review of the Commissioner's report, a warrant authorizing the Commissioner to proceed with a sale or auction shall issue. A status conference is set down for June 10, 2025, at 9:30am by Zoom to discuss progress in this matter. (Foster, J.)
  92. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Interested Party: Timothy Curley, Esq. [email protected] Commissioner: Stuart W Rapp, Esq. [email protected] Plaintiff: Glen Cook [email protected] Defendant: Leanne Cook [email protected] Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Alan T. Cook [email protected] Defendant: Cc Nancy Lavigne [email protected] Sent On: 04/30/2025 09:01:59
  93. cheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/10/2025 Time: 09:30 AM
  94. tatus of Property Taxes as of May 7, 2025, filed.
  95. urther Status Report, filed.
  96. ertificate of Service, filed.
  97. arrant to Commissioner Stuart W. Rapp, Esq., to Sell by Private Sale a Certain Parcel of Real Property in Halifax, issued. (Copies emailed to Attorneys Timothy Curley and Stuart Rapp, and Pro Se Parties Glen Cook, Leanne Cook, Brenda Cook Barry, Brian Cook, Alan Cook, and Nancy Lavigne. Copies mailed via USPS to Gregory Cook) Judge: Foster, Hon. Robert B.
  98. vent Resulted: Status Conference scheduled on: 06/10/2025 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 10, 2025. Status Conference held via Zoom. Attorney Timothy Curley appeared. Commissioner Stuart Rapp appeared. Brian Cook, Alan Cook, Nancy Lavigne, Leanne Cook and Glenn Cook appeared Pro Se and were sworn. Commissioner Rapp reports the property labeled as lots numbered 2592, 2593 and 2594, now herein as "0 Morse Street" is currently being listed for sale. As for lots 2597, 2598 and 2599, now herein as "0 Sherman Street", Commissioner Rapp reports difficulties listing the property due to claims by an abutting neighbor. Commissioner Rapp is AUTHORIZED to engage a licensed surveyor to survey these lots and produce a plan indicating necessary boundaries to properly list these lots for sale. Brian Cook informs the court a previously filed plan with the court correctly identifies the bounds of each parcel; Mr. Cook is instructed to provide Commissioner Rapp of this aforementioned plan. Commissioner Rapp is further AUTHORIZED to take all reasonable steps to resolve the dispute with the neighbor and to continue to market the two parcels pursuant to the terms of the Warrant. The Town of Halifax reports the outstanding taxes on 0 Sherman Street are up to date and a Certificate of Redemption is recorded at the registry of deeds, however the taxes on 0 Morse Street remain outstanding. Attorney Curley is ORDERED to provide Ms. Nancy Lavigne means and the amount she is owed to pay for the outstanding tax balance on this property. (Foster, J.)
  99. otice of Docket Entry: Notice of Docket Entry was generated and sent to: Interested Party: Timothy Curley, Esq. [email protected] Commissioner: Stuart W Rapp, Esq. [email protected] Plaintiff: Glen Cook [email protected] Defendant: Leanne Cook [email protected] Plaintiff: Brenda Cook Barry [email protected] Plaintiff: Brian Cook [email protected] Plaintiff: Gregory Cook 18 Kendall Lane, Harwich, MA 02645 Defendant: Alan T. Cook [email protected] Defendant: Cc Nancy Lavigne [email protected] Sent On: 06/11/2025 10:25:48
  100. urvey Plan of Petition to Partition Property, filed.
  101. nterim Accounting Report, filed.

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