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Case Information
Filed
2023-04-24
Status
Closed
Type
Par Partition, G.l. Chapter 241
Docket
30 entries
Disposition
judgment entered
Parties
Plaintiff
Guertin, Jean P.
Defendant
Botticelli, Ashley Raeann
Lawyers
Docket Entries
- Order Authorizing Disbursement of Proceeds of Sale and Judgment Confirming Partition, issued. (Copies emailed to Attorneys Joel Davidson and Lawrence Army, and Pro Se Respondent Ashley Raeann Botticelli) Judge: Smith, Hon. Kevin T.
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 440396 Date: 04/24/2023
- Land Court surcharge Receipt: 440396 Date: 04/24/2023
- Land Court summons Receipt: 440396 Date: 04/24/2023
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Joel R Davidson, Esq. [email protected] Defendant: Ashley Raeann Botticelli No addresses available Sent On: 05/04/2023 09:39:59
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 06/14/2023 Time: 09:15 AM
- Event Resulted: Case Management Conference scheduled on: 06/14/2023 09:15 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
- Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 08/14/2023 Time: 02:00 PM
- Summons returned to Court with service on Ashley Raeann Botticelli filed. Served by handing to and leaving with said party on May 18, 2023
- Event Resulted: Case Management Conference scheduled on: 08/14/2023 02:00 PM Has been: Held via video Hon. Kevin T. Smith, Presiding August 14, 2023. Case management conference held via videoconference. Attorney Joel Davidson appeared for the plaintiff. The plaintiff, Jean Guertin, was in attendance along with Catherine Mylotte from the Massachusetts Commission for Deaf and Hard of Hearing and Todd Suffreti. American Sign Language interpreter Susan Brule also appeared. The defendant, Ashley Botticelli, did not appear. This is an action for partition pursuant to G. L. c. 241. Plaintiff and defendant owned the property together with the plaintiff's brother, who is deceased; plaintiff and defendant, as co-owners, are the only parties with an interest in the property. Plaintiff, together with his attorney, informed the court that he wants to sell the property, but the defendant has not cooperated to move forward with a sale. Ms. Botticelli has been served, but has not communicated nor entered an appearance in this action. The court explained the process of a partition proceeding to the plaintiff, informing Mr. Guertin that the court will appoint a partition commissioner, an independent person, to hire a real estate agent and market the property for sale. The commissioner will make recommendations to the court throughout the process, and all decisions must be approved by the court. The commissioner will collect fees from the sale. After the plaintiff indicated that he understands the partition process, the court stated that it will order the appointment of a partition commissioner. The court also informed the plaintiff that, at any time following the appointment of a commissioner, the parties are welcome to come to an agreement and resolve the matter before proceeding to a sale. An order from the court appointing a commissioner will issue in due course. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Joel R Davidson, Esq. [email protected] Sent On: 08/14/2023 16:19:47
- In accordance with SJC Rule 1:07, the following fee generating appointment was made: Lawrence F Army, Esq. appointed as Partition Commissioner (Northern Counties) On 08/14/2023 by Hon. Kevin T. Smith
- Interim Order Appointing Lawrence F. Army, Esq., as Partition Commissioner, issued. (Copies emailed to Attorneys Joel Davidson and Lawrence Army) Judge: Smith, Hon. Kevin T.
- Interim Order Appointing Lawrence F. Army, Esq., as Partition Commissioner with Commissioner's Oath, filed.
- Interim Report of Commissioner, filed.
- Warrant to Commissioner Lawrence F. Army, Esq., to Sell by Private Sale 54 Jenness St., Quincy, MA, issued. (Copies emailed to Attorneys Joel Davidson and Lawrence Army) Judge: Smith, Hon. Kevin T.
- Motion for Approval of the Sale of Real Estate and Commissioner's Report, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Motion for Approval of the Sale of Real Estate Date: 11/17/2023 Time: 10:00 AM
- Amended Warrant to Commissioner Lawrence F. Army, Esq., to Sell by Private Sale 54 Jenness St., Quincy, MA, issued. (Copies emailed to Attorneys Joel Davidson and Lawrence Army) Judge: Smith, Hon. Kevin T.
- Event Resulted: Motion scheduled on: 11/17/2023 10:00 AM Has been: Held via video Hon. Kevin T. Smith, Presiding November 17, 2023. Motion hearing held via videoconference. Attorney Joel Davidson appeared for the plaintiff. Commissioner Lawrence Army appeared. No other party appeared. Before the court was Commissioner Army's motion for approval of sale of real estate. Attorney Davidson stated that his client agreed to the terms of the sale. Commissioner Army informed the court that he had spoken with the defendant, who had not expressed any objection to the sale. The court inquired as to the parties' positions on division of the proceeds. Attorney Davidson responded that his understanding was that an even split would likely be amenable to both parties, but the plaintiff may want the costs of some capital improvements to the property to be reimbursed. Following argument, the court allowed Commissioner Army's motion, authorized him to pay all transactional expenses with the closing proceeds, and directed Commissioner Army to submit a report outlining his fees and the proposed final disposition of proceeds between the parties. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Joel R Davidson, Esq. [email protected] Commissioner: Lawrence F Army, Esq. [email protected] Sent On: 11/22/2023 11:44:13
- Motion for Approval of Commissioner's Final Report and Request for Discharge of the Commissioner, filed.
- Scheduled Judge: Smith, Hon. Kevin T. Event: Motion for Approval of Commissioner's Final Report and Request for Discharge of the Commissioner Date: 12/21/2023 Time: 09:00 AM
- Event Resulted: Motion scheduled on: 12/21/2023 09:00 AM Has been: Rescheduled Hon. Kevin T. Smith, Presiding
- Scheduled Judge: Smith, Hon. Kevin T. Event: Motion Date: 12/21/2023 Time: 09:30 AM
- Event Resulted: Motion scheduled on: 12/21/2023 09:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding December 21, 2023. Motion hearing held via videoconference. Attorney Joel Davidson appeared for the plaintiff. Defendant Ashley Raeann Botticelli appeared pro se. Commissioner Lawrence Army appeared. The plaintiff is deaf and, therefore, used two interpreters (one ASL; one CDI) in understanding all statements made during the hearing. Before the court was Commissioner Army's motion for approval of commissioner's final report. The court asked if the parties understand the commissioner's report and the intent of the motion, which is to seek approval to disburse the proceeds of the sale of the property as proposed in the final report. The parties stated that they understand this and do not object to the report or motion. The court and Attorney Davidson noted some minor mathematical discrepancies in the report, including the proper allocation/accounting for Attorney Davidson's fees. Commissioner Army stated that this was a simple accounting error that he would fix. Following discussion, the court directed Commissioner Army to submit a corrected report, to which the parties may object by December 28, 2023, and if no objections are made, the report and disbursement of funds will be approved without another hearing. (Smith, J.).
- Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Joel R Davidson, Esq. [email protected] Commissioner: Lawrence F Army, Esq. [email protected] Defendant: Ashley Raeann Botticelli [email protected] Sent On: 12/22/2023 09:08:10
- (Corrected) Final Report of Commissioner Lawrence F. Army, Esq., filed.
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