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Case Information
Filed
2022-10-17
Status
Closed
Type
Par Partition, G.l. Chapter 241
Docket
19 entries
Disposition
dismiss
Parties
Plaintiff
Sullivan, Patricia A.|Sullivan, Clifford D.
Defendant
Anderson, Joan|Anderson, Russell W.
Lawyers
Docket Entries
- Notice of Dismissal - Mass.R.Civ.P.41(a)(1)(i).
- Case assigned to the Fast Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 435108 Date: 10/17/2022
- Land Court surcharge Receipt: 435108 Date: 10/17/2022
- Land Court summons Receipt: 435108 Date: 10/17/2022
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- The case has been assigned to the F Track. Notice sent.
- The Court has reviewed Plaintiffs' complaint for partition. The Court ORDERS the parties to appear for a telephonic case-management conference on November 21, 2022, at 12:30 PM. A separate notice of case-management conference will issue. The Court ORDERS Plaintiffs to serve Defendants promptly with a copy of this order and the conference notice. The Court ORDERS the parties to include in their joint conference memorandum a discussion of (a) whether there are mortgages on their jointly owned property (and if so, which of the parties makes payments on those mortgages, whether both parties agree to have that payment arrangement continue while this case is pending, and whether the mortgages are in good standing); (b) whether the property is insured (and if so, which of the parties makes the premium payments, whether both parties agree to have that payment arrangement continue while this case is pending, and whether any premiums are unpaid); (c) whether anyone is paying the property's real-estate taxes, whether those taxes are paid to date, and whether both parties agree to have any existing payment arrangements continue while this case is pending: (d) whether any of the parties occupies the property; and (e) whether the property has any third-party tenants (and if so, which of the parties collects rents, which of the parties pays any expenses of the tenancy, and whether the other party agrees to have those arrangements continue while this case is pending). The Court further ORDERS Plaintiffs to file with the Sessions Clerk, by November 4, 2022, (a) an as-recorded copy of the notice described in G.L. c. 241, sec. 7; and (b) a certificate of compliance with the fourth sentence of this order. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Patricia L Davidson, Esq. [email protected] Sent On: 10/25/2022 08:07:45
- Event Scheduled Judge: Vhay, Hon. Michael D. Event: Case Management Conference Date: 11/21/2022 Time: 12:30 PM
- Motion for Appointment of Special Process Server, filed and ALLOWED (Vhay, J.). Notice of Docket Entry sent to counsel of record by email.
- Notice of Petition for Partition Recorded with the Worcester District Registry of Deeds in Book 68404, Page 377, filed.
- Summons returned to Court with service on Joan Anderson Co-personal Representative of the Estate of Bertil I. Bengtson, Russell W. Anderson Co-personal Representative of the Estate of Bertil I. Bengtson filed.
- Motion to Extend Time for Case Management Conference, filed.
- The Court has received Plaintiffs' motion to continue the case-management conference. The Court GRANTS the motion in part. The Court CANCELS the November 21, 2022 conference. The Court ORDERS the parties to file by December 9, 2022, a joint report concerning their settlement efforts. As Defendants haven't appeared in this action yet, the Court ORDERS Plaintiffs to serve Defendants promptly with a copy of this order and to file by November 28, 2022 a certificate of such service. SO ORDERED. Judge: Vhay, Hon. Michael D. Notice of Docket Entry was generated and sent to: Plaintiff: Patricia L Davidson, Esq. [email protected] Sent On: 11/17/2022 09:00:52
- Event Resulted: Case Management Conference scheduled on: 11/21/2022 12:30 PM Has been: Canceled Hon. Michael D. Vhay, Presiding
- Certificate of Service, filed.
- Status Report, filed.
- 30 Day Nisi Order issued. Returnable 01/11/2023.
- Notice of Dismissal, without Prejudice, filed.
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