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Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-08-23
Status Open
Type Par Partition, G.l. Chapter 241
Docket 46 entries

Parties

Plaintiff Marino, Arlene|Shapleigh, Phillip S.|Shapleigh, Paul L.|Shapleigh, Violet|Shapleigh, R. Dana
Defendant Shapleigh, Donald

Lawyers

Docket Entries

  1. Order Upon Motion of Partition Commissioner for Appointment of "Suitable Person" Pursuant to GL c.241 9 (Property at 36 Ostrom Rd., Falmouth, MA), issued. (Copies emailed to Attorneys Frank D'Agostino, David Stasio, Jeremy Carter, Adam Sloane, Commissioner Robert Greene, and GAL Rebecca Carey) Judge: Smith, Hon. Kevin T.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 433478 Date: 08/23/2022
  4. Land Court surcharge Receipt: 433478 Date: 08/23/2022
  5. Land Court summons Receipt: 433478 Date: 08/23/2022
  6. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  7. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Frank A D'Agostino, Esq. [email protected] Plaintiff: David Alvin Stasio, Esq. [email protected] Plaintiff: Phillip S. Shapleigh No addresses available Plaintiff: Paul L. Shapleigh No addresses available Plaintiff: Violet Shapleigh No addresses available Plaintiff: R. Dana Shapleigh No addresses available Defendant: Donald Shapleigh No addresses available Sent On: 09/22/2022 09:36:21 Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Arlene Marino No addresses available Sent On: 09/27/2022 13:15:41
  8. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 10/31/2022 Time: 10:00 AM
  9. Event Resulted: Case Management Conference scheduled on: 10/31/2022 10:00 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
  10. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 10/31/2022 Time: 02:30 PM
  11. Summons returned to Court with service on Donald Shapleigh filed. Left at last and usual place of abode on August 26, 2022.
  12. Summons returned to Court with service on Arlene Marino filed. Delivered in hand on September 7, 2022.
  13. Answer of Donald Shapleigh, filed.
  14. Event Resulted: Case Management Conference scheduled on: 10/31/2022 02:30 PM Has been: Held via video Hon. Kevin T. Smith, Presiding October 31, 2022. Case management conference held via videoconference. Early intervention event held. Attorney David A. Stasio appeared for petitioners. Attorney Adam Sloane appeared for the respondent. This partition action was brought by five tenants in common of the property against the sixth tenant in common, who resides at the property. The parties indicated to the court that they have a settlement agreement in place and are on the path to resolving this dispute. Attorney Sloane stated that the respondent had been dragging his feet but wanted to remain on the property and buy out his siblings. The parties have a closing scheduled for November 13, 2022. The court scheduled a status conference for November 30, 2022 at 9:00am, to be held in the event that closing has not yet taken place. (Smith, J.).
  15. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 11/30/2022 Time: 09:00 AM
  16. Event Resulted: Status Conference scheduled on: 11/30/2022 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 30, 2022. Status conference held via videoconference. Attorney David Stasio appeared for the plaintiffs. No other party appeared. Attorney Stasio informed the court that the closing for the property had not taken place as scheduled due to a probate delay. One of the parties is deceased and it is only a matter of getting the decedent's widow appointed as personal representative of his estate before finalizing the sale. Attorney Stasio indicated that all the parties are in agreement and expect the closing to take place as soon as the personal representative is appointed. Attorney Stasio asked for sixty days to finalize the sale and the court scheduled a status conference for February 3, 2023 at 9am. The court requested that the parties keep the court updated about the status of the sale so that they can continue the status conference if necessary to finalize the closing. (Smith, J.).
  17. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 02/03/2023 Time: 09:00 AM
  18. Event Resulted: Status Conference scheduled on: 02/03/2023 09:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding February 3, 2023. Status conference held via videoconference. Attorney David Stasio appeared for the plaintiffs. No other party appeared. Attorney Stasio indicated to the court that the parties are very close to closing the sale of the property and dismissing the case, but there has been a probate delay due to the death of one of the plaintiffs. Now that the personal representative for the deceased party's estate has been appointed, the parties expect to close in mid-February. Attorney Stasio also indicated that because the property is registered land, the closing attorney will be submitting the deed to the Land Court before the closing is finalized. Following discussion, the court determined that it would be beneficial to schedule a status conference to keep the parties on a timeline. The court scheduled a status conference for March 10, 2023 at 2:30pm, to be held only if the closing has not yet occurred. Finally, the court requested that the parties keep the court updated about the status of the sale, particularly whether there are any delays associated with obtaining approval of the deed by the Land Court. (Smith, J.).
  19. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 03/10/2023 Time: 02:30 PM
  20. Event Resulted: Status Conference scheduled on: 03/10/2023 02:30 PM Has been: Canceled Hon. Kevin T. Smith, Presiding
  21. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 06/28/2023 Time: 09:45 AM
  22. Event Resulted: Status Conference scheduled on: 06/28/2023 09:45 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 28, 2023. Status conference held via videoconference. Attorney David Stasio appeared for the plaintiffs. No other party appeared. Attorney Stasio informed the court that, since the last status conference, another one of the plaintiffs has passed away, causing a delay in the resolution of this case. Attorney Stasio reported that he is unaware whether anyone has begun the probate process on the estate in connection with the most recent death of one of the plaintiffs. He reported that there is no disagreement or pushback to the substance of the agreement since the most recent death, but the process of probating the now two deceased plaintiffs' estates is causing substantial delay. The court discussed with Attorney Stasio the option of appointing a commissioner to help expedite the process. Following colloquy, the court scheduled a status conference for September 22, 2023 at 10am. At that time, if the parties have not made progress toward executing the agreement, the court will appoint a partition commissioner. (Smith, J.).
  23. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Frank A D'Agostino, Esq. [email protected] Plaintiff: David Alvin Stasio, Esq. [email protected] Defendant: Adam Benjamin Sloane, Esq. [email protected] Sent On: 06/30/2023 14:13:19
  24. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 09/22/2023 Time: 10:00 AM
  25. Event Resulted: Status Conference scheduled on: 09/22/2023 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding September 22, 2023. Status conference held via videoconference. Attorney David A. Stasio appeared for the plaintiffs Dana, Violet, Paul, and Phillip Shapleigh. Attorney Jeremy Carter appeared for defendant Donald Shapleigh. Attorney Stasio informed the court that the parties had reached an agreement to sell the property to the defendant, but closure of the deal was impeded by the recent deaths of two of the plaintiffs, Arlene Marino and Phillip Shapleigh. Phillip Shapleigh's estate is currently being probated and his wife is serving as his personal representative in probate court, but no Land Court examiner has yet been appointed to handle the title issues related to this property. Arlene Marino resided and died in New Hampshire and, to Attorney Stasio and Attorney Carter's knowledge, her family had not begun to probate her estate nor expressed any intention to do so. The parties and the court discussed appointing a partition commissioner but did not opt to do so at this time in order to give counsel a chance to bring all interested parties back together to complete the sale as originally contemplated. Following discussion, the court scheduled a status conference for October 26, 2023, at 3:30 p.m. (Smith, J.)
  26. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Frank A D'Agostino, Esq. [email protected] Plaintiff: David Alvin Stasio, Esq. [email protected] Defendant: Adam Benjamin Sloane, Esq. [email protected] Sent On: 10/24/2023 14:25:32
  27. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 10/26/2023 Time: 03:30 PM (via ZOOM) EDocument Sent: Notice of Status Conference was generated and sent to: Plaintiff: David Alvin Stasio, Esq. [email protected] Plaintiff: Frank A D'Agostino, Esq. [email protected] Defendant: Adam Benjamin Sloane, Esq. [email protected] Sent On: 10/24/2023 14:27:49
  28. Event Resulted: Status Conference scheduled on: 10/26/2023 03:30 PM Has been: Held via video Hon. Kevin T. Smith, Presiding October 26, 2023. Status conference held via videoconference. Attorney David Stasio appeared for the plaintiffs. Attorney Jeremy Carter appeared for the defendant. The court asked the parties for an update on the case, particularly efforts to resolve title issues raised by the deaths of two of the plaintiffs. Attorney Stasio informed the court that deceased plaintiff Phillip Shapleigh's estate is currently being administered in probate court, where his wife is serving as the personal representative of his estate. Attorney Carter told the court that he had contacted deceased plaintiff Arlene Marino's known heirs, her three sons, and all have orally waived the right to any interest in the property at issue in this case, but no efforts had been made to commence a probate process for her estate. Attorney Stasio orally moved to amend the petition to add Marino's heirs as parties to the case. The court ALLOWED this motion. The court informed the parties that, in light of Marino's intestacy and the fact that no determination of her heirs had been made in probate court, notice to any unknown heirs by publication may be appropriate to ensure that title to the property is cleared. Following discussion, the court informed the parties that a partition commissioner would be appointed. (Smith, J.).
  29. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Frank A D'Agostino, Esq. [email protected] Plaintiff: David Alvin Stasio, Esq. [email protected] Defendant: Jeremy M Carter, Esq. [email protected] Defendant: Adam Benjamin Sloane, Esq. [email protected] Sent On: 10/27/2023 08:47:46
  30. In accordance with SJC Rule 1:07, the following fee generating appointment was made: Robert H Greene, Esq. appointed as Partition Commissioner (Southern Counties) On 10/27/2023 by Hon. Kevin T. Smith
  31. Interim Order Appointing Robert H. Green, Esq. as Partition Commissioner, issued. (Copies emailed to Frank A D'Agostino, Esq., David Alvin Stasio, Esq., Jeremy M Carter, Esq., Adam Benjamin Sloane, Esq., and Robert H. Greene, Esq.) Judge: Smith, Hon. Kevin T.
  32. Interim Order Appointing Robert H. Green, Esq. as Partition Commissioner with Commissioner's Oath, filed. (Courtesy Copy received November 2, 2023).
  33. Commissioner's Written Estimate of Time and Charges for Initial Interim Report, filed. (Courtesy Copy received November 3, 2023).
  34. Interim Report of Partition Commissioner Upon Order Dated October 27, 2023, filed.
  35. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 11/06/2024 Time: 10:00 AM
  36. Event Resulted: Status Conference scheduled on: 11/06/2024 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 6, 2024. Status conference held via videoconference. Attorney David Stasio appeared on behalf of the petitioners. Attorney Jeremy Carter appeared on behalf of the respondent. Attorney David O'Neil appeared on behalf of the estate of Philip Shapleigh. Partition commissioner Robert Greene, and title examiner James Bothwell also appeared. This is a partition action of property on registered land at 36 Ostrom Road in Falmouth involving multiple elderly siblings. One of the siblings, Philip Shapleigh, died in Florida before the action was filed, and another, Arlene Marino, died in New Hampshire after the action was filed. Philip's estate has been probated; Arlene's has not and it appears that there is no person or heir of Arlene who intends to pursue the probate of her estate. Before Arlene died intestate, the parties had previously reported to the court that an agreement had been reached for Donald Shapleigh to buy out the interests of his siblings. Now, the primary issue before the court is whether Arlene waived her interest in the property prior to her death or if her children may have an interest in the property as her heirs. The parties have a copy of a release signed and notarized by Arlene and a purchase and sale agreement for the property to be sold to Donald in which Arlene purports to release her interest in the property to Donald. On October 27, 2023, Mr. Greene filed his interim report following conversations with the parties and the title examiner's office. Mr. Greene recommended that the property be sold and conveyed to Donald, as agreed, but only after resolution of the issue concerning Arlene's heirs. The court and counsel discussed whether the appointment of a guardian ad litem for Arlene's share of the property is necessary and whether the release and the purchase and sale agreement signed by Arlene before her death are sufficient to cut off the rights of her heirs to claim an interest in the property. Attorney Stasio, counsel for the petitioners, reported his efforts to investigate the whereabouts and intentions of Arlene's heirs. That included speaking with two of her sons, who informed Attorney Stasio that they were aware that Donald had paid Arlene for her interest in the property prior to her death. The court requested that Attorney Stasio provide the court, Mr. Greene, and opposing counsel with a memorandum summarizing his efforts to contact Arlene's heirs, the heirs' statements to him regarding Arlene's interest in the property, and any other relevant findings. At the request of Mr. Greene, the court granted him the expanded authority as commissioner to take the necessary steps to address whether Arlene's heirs have any interest in the property in furtherance of the sale of the property to Donald. Finally, the court ordered the parties to confer with Mr. Greene and come up with a common plan for how to address the potential interests owned by Arlene's heirs, which may include the appointment of a guardian ad litem for Arlene's interest, so that the conveyance to Donald can be completed as originally conceived. (Smith, J.).
  37. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Frank A D'Agostino, Esq. [email protected] Plaintiff: David Alvin Stasio, Esq. [email protected] Defendant: Jeremy M Carter, Esq. [email protected] Defendant: Adam Benjamin Sloane, Esq. [email protected] Commissioner: Robert H Greene, Esq. [email protected] Sent On: 11/07/2024 14:31:40
  38. Supplemental Interim Report of Partition Commissioner (upon Order Dated November 6, 2024) with Request for Status Review Hearing, filed.
  39. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 06/17/2025 Time: 10:30 AM To be held: via video conference
  40. Event Resulted: Status Conference scheduled on: 06/17/2025 10:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding June 17, 2025. Status Conference held via video conference in cases 22 MISC 000437 and 23 SBQ 35350 03 - 001 Attorney David Stasio appeared on behalf of the Petitioners. Attorney Jeremy Carter appeared on behalf of the Respondent, Donald Shapleigh. Attorney David O'Neil appeared on behalf of the estate of Philip Shapleigh. Partition Commissioner Robert Greene also appeared. This is a partition action of property on registered land at 36 Ostrom Road in Falmouth involving multiple elderly siblings. One of the siblings, Philip Shapleigh, died in Florida before the action was filed, and another, Arlene Marino, died in New Hampshire after the action was filed. Before the court was Commissioner Greene's March 24, 2025 Supplemental Interim Report. Commissioner Greene reported that he and counsel for the parties have shared information regarding (a) their efforts to identify and contact the heirs/next of kin/successors in interest of the late Arlene Marino, (b) any representations of Arlene Marino as to the disposition of her undivided one-sixth share of the property prior to her death on March 28, 2023, and (c) any statements and representations by any of her heirs/next of kin/successors in interest in connection with the property at 36 Ostrom Road, Falmouth. Commissioner Greene recommended that the court appoint a GAL to investigate whether there are any interest holders in Arlene Marino's estate and evidence that Arlene conveyed her one-sixth interest to Philip Shapleigh. He stated that he will file a motion requesting such an appointment. All parties assented to the Commissioner's proposed motion. (Smith, J.).
  41. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Frank A D'Agostino, Esq. [email protected] Plaintiff: David Alvin Stasio, Esq. [email protected] Defendant: Jeremy M Carter, Esq. [email protected] Defendant: Adam Benjamin Sloane, Esq. [email protected] Commissioner: Robert H Greene, Esq. [email protected] Sent On: 06/23/2025 13:07:23
  42. Assented to: Motion of Partition Commissioner for Appointment of "Suitable Person" pursuant to General Laws Chapter 241 Section 9, filed.
  43. PROPOSED Order upon Motion of Partition Commissioner for Appointment of "Suitable Person" pursuant to General Laws Chapter 241 Section 9, filed.
  44. Certificate of Service, filed.
  45. July 11, 2025. Assented to: Motion of Partition Commissioner for Appointment of "Suitable Person" pursuant to General Laws Chapter 241 Section 9, ALLOWED. Written Order to issue. (Smith, J.). Judge: Smith, Hon. Kevin T. Notice of Docket Entry was generated and sent to: Plaintiff: Frank A D'Agostino, Esq. [email protected] Plaintiff: David Alvin Stasio, Esq. [email protected] Defendant: Jeremy M Carter, Esq. [email protected] Defendant: Adam Benjamin Sloane, Esq. [email protected] Commissioner: Robert H Greene, Esq. [email protected] Sent On: 07/11/2025 14:14:31
  46. In accordance with SJC Rule 1:07, the following fee generating appointment was made: Rebecca R Carey, Esq. appointed as Guardian ad Litem (Southern Counties) On 07/11/2025 by Hon. Kevin T. Smith Reason: Expedient disposition of the matter is necessary

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