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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-10-17
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 20 entries

Parties

Plaintiff King, Maureen
Defendant Barna, Marijane

Lawyers

Docket Entries

  1. Stipulation of Dismissal - Mass.R.Civ.P. 41(a)(1)(ii)
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 435113 Date: 10/17/2022
  4. Land Court surcharge Receipt: 435113 Date: 10/17/2022
  5. Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
  6. The case has been assigned to the F Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: James N Decoulos, Esq. [email protected] Defendant: Marijane Barna No addresses available Sent On: 11/16/2022 11:31:55
  7. Event Scheduled Judge: Smith, Hon. Kevin T. Event: Case Management Conference Date: 12/13/2022 Time: 10:30 AM
  8. Plaintiff's Statement for Case Management Conference, filed (by email).
  9. Event Resulted: Case Management Conference scheduled on: 12/13/2022 10:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding December 13, 2022. Case management conference held via videoconference. Early intervention event held. Attorney James N. Decoulos appeared for the plaintiff. Defendant Marijane Barna appeared pro se. This is an action for partition of property at 12 Aborn Place, Peabody, pursuant to G. L. c. 241. Plaintiff and defendant, sisters, each own equal shares of the subject property as co-tenants, but possession is currently held by defendant's daughter. Defendant informed the court that it was her intention to build credit and procure funding to buy out the other co-tenant's interest in the property. Attorney Decoulos informed the court that the plaintiff has been paying for upkeep on the property without any return and is unsatisfied that Defendant Barna will be able to secure the funding to buy out plaintiff's interest. The plaintiff initiated this action to either gain possession or to have the court appoint a commissioner to sell the property. Following colloquy, the court ordered the parties to attend a mediation screening with REBA within 30 days. Within a week of the mediation screening, the parties are to file a joint report indicating their intent to either go forward with mediation, or alternatively to ask the court to appoint a commissioner. (Smith, J.).
  10. Summons returned to Court with service on Marijane Barna filed. Left at last and usual place of abode on November 28, 2022.
  11. ADR referral to REBA Dispute Resolution, Inc. issued. Judge: Smith, Hon. Kevin T.
  12. Order Referring Case to Alternate Dispute Resolution Screening Session, ISSUED (Smith, J.). Judge: Smith, Hon. Kevin T.
  13. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 03/01/2023 Time: 10:30 AM
  14. Appearance of Marc David Rie, Esq. for Marijane Barna, filed
  15. Event Resulted: Status Conference scheduled on: 03/01/2023 10:30 AM Has been: Held via video Hon. Kevin T. Smith, Presiding March 1, 2023. Status conference held via videoconference. Attorney James Decoulos appeared for the plaintiff. Attorney Marc Rie appeared for the defendant. Attorney Decoulos informed the court that the parties had agreed to mediation, but the scheduled mediation did not take place due to lack of communication from the defendant. The defendant has since retained Attorney Rie, who requested that the parties go back to mediation to determine whether agreement can be reached or whether the parties will have to pursue next steps under G. L. c. 241. Attorney Decoulos indicated that the petitioner is still amenable to mediation and requested thirty days to reschedule mediation with REBA. The court scheduled a status conference for April 6, 2023 at 9:15am. (Smith, J.).
  16. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 04/06/2023 Time: 09:15 AM
  17. Event Resulted: Status Conference scheduled on: 04/06/2023 09:15 AM Has been: Held via video Hon. Kevin T. Smith, Presiding April 6, 2023. Status conference held via videoconference. Attorney James Decoulos appeared for the plaintiff. Attorney Marc Rie appeared for the defendant. The parties reported that they have reached an agreement on the sale of the plaintiff's interest in the property to the defendant, with certain important deadlines. A purchase and sale agreement is to be executed by April 14, 2023. The defendant is in the process of applying for a loan to finance the purchase, and the financing contingency expires on June 30, 2023. The closing will take place no later than July 31, 2023. The parties also indicated they would be filing a stipulation of dismissal when the property is sold to the defendant or, if that sale cannot be consummated, when a sale to a third party is imminent, but requested a status conference to retain a deadline on the parties. The court scheduled a status conference for August 22, 2023, to be held only if the parties have not yet filed a stipulation of dismissal. (Smith, J.).
  18. Scheduled Judge: Smith, Hon. Kevin T. Event: Status Conference Date: 08/22/2023 Time: 09:00 AM
  19. Stipulation for Dismissal, filed.
  20. Event Resulted: Status Conference scheduled on: 08/22/2023 09:00 AM Has been: Not held For the following reason: Case Closed Hon. Kevin T. Smith, Presiding

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