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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2022-12-12
Status Closed
Type Par Partition, G.l. Chapter 241
Docket 49 entries
Disposition disposed

Parties

Plaintiff Elizabeth J. Di Sabito (f/k/a Elizabeth J. Nelligan)
Defendant Schweer, Sarah E.

Docket Entries

  1. Case Disposed by Transfer to Hampden County Probate and Family Court.
  2. Case assigned to the Fast Track per Land Court Standing Order 1:04.
  3. Land Court miscellaneous filing fee Receipt: 436601 Date: 12/12/2022
  4. Land Court surcharge Receipt: 436601 Date: 12/12/2022
  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: Ryan K O'Hara, Esq. [email protected] Sent On: 12/21/2022 09:10:25
  7. Event Scheduled Judge: Foster, Hon. Robert B. Event: Case Management Conference Date: 01/19/2023 Time: 09:45 AM
  8. Notice of Partition, filed.
  9. Affidavit of Notice of Petition for Partition, filed.
  10. Plaintiffs Case Management Conference Memorandum, filed.
  11. Notice of Docket Entry: I wanted to quickly write to the Court to correct a factual error in the Case Management Memo and that was repeated on record - I stated the restraining order case was between Elizabeth DiSabito (my client) and respondent Sarah Schweer. I was incorrect, and upon further review and prompt notification by my client, the restraining order was issued for Elizabeth Schweer (deceased life tenant) against Sarah Schweer. Regardless, my client has no contact with her mother and no desire for contact for many of the same reasons that underlay the order, as represented. Just wanted to ensure that I corrected this as soon as brought to my attention.
  12. Event Resulted: Case Management Conference scheduled on: 01/19/2023 09:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding January 19, 2023. Case management conference held via Zoom. Attorney Ryan O'Hara appeared. Sarah Schweer appeared pro se. Ms. Schweer sworn. This case concerns a petition to partition a property which the parties agree is held by the petitioner and respondent as tenants in common in equal shares. Ms. Scheer presently lives at the property. Respondent intends to file motion to transfer the case to Hampshire County probate court. Court to refer the parties to mediation with Attorney Barbara Macy. Status conference set down for April 18, 2023 at 9:00 AM via Zoom. (Notice of docket entry sent via email to all parties and counsel of record)
  13. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 04/18/2023 Time: 09:00 AM
  14. Summons returned to Court with service on Sarah E. Schweer filed.
  15. Event Resulted: Status Conference scheduled on: 04/18/2023 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding April 18, 2023. Status conference held by Zoom. Attorney Ryan O'Hara appeared. Sarah Schweer appeared pro se. Attorney Barbara Macy present. Parties to continue to discuss the possibility of settlement. Parties to file any requests or responses to the proposal of the appointment of a guardian ad litem for Ms. Schweer by April 25, 2023. Ms. Schweer may have her daughter and son file a motion and grounds for appointment of a guardian ad litem if desired. Status conference set down for July 17, 2023 at 9:00 AM by Zoom. (Notice of docket entry sent via masscourts & emailed to all parties / counsel of record)
  16. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/17/2023 Time: 09:00 AM
  17. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ryan K O'Hara, Esq. [email protected] Defendant: Sarah E. Schweer No addresses available Sent On: 04/18/2023 14:15:05
  18. Event Resulted: Status Conference scheduled on: 07/17/2023 09:00 AM Has been: Continued Hon. Robert B. Foster, Presiding
  19. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/19/2023 Time: 09:15 AM
  20. Notice of Docket Entry: At the request of the parties, the July 19, 2023 status conference is taken off the list. A status report is due July 19, 2023. (Notice of docket entry sent via masscourts & email to all parties / counsel of record)
  21. Event Resulted: Status Conference scheduled on: 07/19/2023 09:15 AM Has been: Canceled Hon. Robert B. Foster, Presiding
  22. Petitioner's Request for Conference Pursuant to Mass R. Civ. P. 16, filed.
  23. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 06/06/2024 Time: 09:45 AM
  24. Event Resulted: Status Conference scheduled on: 06/06/2024 09:45 AM Has been: Held via video Hon. Robert B. Foster, Presiding June 6, 2024. Status conference held by Zoom. Attorney Ryan O'Hara appeared. Sarah Schweer appeared pro se and was sworn. Land Court Mediator Attorney Barbara J. Macy was present. The parties report to the Court they have been unable to reach an agreement through mediation. With that, the partition case will move forward either by buyout of interests or selling of the property. The Court directs the Petitioner to give notice of the petition via certified mail to the easement and lien holders and any other potential interested parties. Ms. Schweer informed the Court that she has filed in the Hampden Probate and Family Court a motion to consolidate this matter with a pending matters in the Hampden Probate and Family Court. The Court DIRECTS Ms. Schweer to serve a copy of said motion on counsel for the Petitioner. A Status Conference is set down for July 9, 2024 at 9:30AM by Zoom. (Foster, J.)
  25. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ryan K O'Hara, Esq. [email protected] Defendant: Sarah E. Schweer [email protected] Sent On: 06/07/2024 09:08:31
  26. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 07/09/2024 Time: 09:30 AM
  27. Event Resulted: Status Conference scheduled on: 07/09/2024 09:30 AM Has been: Held via video Hon. Robert B. Foster, Presiding July 9, 2024. Status conference held by Zoom. Attorney Ryan O'Hara appeared. Sarah Schweer appeared pro se and was sworn. Land Court Mediator Attorney Barbara J. Macy was present. The Court inquired to the Petitioner regarding notice to the mortgage holders of the property, to which it is reported it has not yet been completed, to which the Court directs service be completed soon. Discussion of the pending probate matters were discussed involving the estate of defendant's mother were discussed. The court confirmed that record title is in the parties as each holding a 50% interest as tenant in common, and that the property cannot be advantageously divided. A status conference is set down for August 9, 2024 at 9:00am to discuss any additional probate updates. The Court will appoint a Commissioner after the status conference. (Foster, J.)
  28. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ryan K O'Hara, Esq. [email protected] Defendant: Sarah E. Schweer [email protected] Sent On: 07/10/2024 09:49:42
  29. Scheduled Judge: Foster, Hon. Robert B. Event: Status Conference Date: 08/09/2024 Time: 09:00 AM
  30. Event Resulted: Status Conference scheduled on: 08/09/2024 09:00 AM Has been: Held via video Hon. Robert B. Foster, Presiding August 9, 2024. Status conference held by Zoom. Attorney Ryan O'Hara appeared. Sarah Schweer appeared pro se and was sworn. Land Court Mediator Attorney Barbara J. Macy was present. The Petitioner reports to the Court the mortgage holders have been notified of this partition matter. The Petitioner is instructed to file an affidavit of service. Ms. Schweer expressed her continued desire to consolidate these two matters into the pending Hampden County Probate Court, and indicated that she will file a request for transfer or interdepartmental assignment pursuant to Trial Court Rule XII. Ms. Schweer is instructed to submit her request to the Chief Justice of the Land Court, the Chief Justice of the Probate and Family Court and the Chief Justice of the Trial Court, with a copy to the Petitioner. Notwithstanding any such request, the Court will appoint a commissioner. Appointment to issue. (Foster, J.)
  31. Notice of Docket Entry: Notice of Docket Entry was generated and sent to: Plaintiff: Ryan K O'Hara, Esq. [email protected] Defendant: Sarah E. Schweer [email protected] Sent On: 08/09/2024 10:21:57
  32. In accordance with SJC Rule 1:07, the following fee generating appointment was made: Thomas Anthony Gibbons, Esq. appointed as Partition Commissioner (Western Counties) On 08/09/2024 by Hon. Robert B. Foster Appointment Terminated on 08/09/2024 (Retired from practice since August 1, 2024) Judge: Foster, Hon. Robert B.
  33. In accordance with SJC Rule 1:07, the following fee generating appointment was made: Candace A Nichols, Esq. appointed as Partition Commissioner (Western Counties) On 08/09/2024 by Hon. Robert B. Foster
  34. Interim Order Appointing Candace A. Nichols, Esq. Partition Commissioner, for Property at 747 South Branch Parkway, Springfield, MA, issued. (Copies emailed to Ryan K O'Hara, Esq., Sarah E. Schweer, and Candace A. Nichols, Esq.). Judge: Foster, Hon. Robert B.
  35. Motion to Extend time to file the Report to September 25, 2024, filed.
  36. Commissioner's Oath, filed.
  37. Certificate of Service, filed.
  38. August 23, 2024. Commissioner's request for an extension is ALLOWED. The Commissioner's report is due September 25, 2024. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Ryan K O'Hara, Esq. [email protected] Commissioner: Candace A Nichols, Esq. [email protected] Defendant: Sarah E. Schweer [email protected] Sent On: 08/23/2024 15:00:20
  39. Request for consolidation of cases according to Trial Court Rule XII, filed.
  40. Motion for Order of Entry and to Extend Time to File the Report, filed.
  41. Certificate of Service, filed.
  42. Motion to Pause, filed.
  43. Opposition to Request of Sarah Schweer for Interdepartmental Assignment, filed.
  44. September 26, 2024. Motion to Pause ALLOWED. All proceedings in this action are STAYED pending resolution of respondent's Request for Consolidation of Cases According to Trial Court Rule XII. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Ryan K O'Hara, Esq. [email protected] Commissioner: Candace A Nichols, Esq. [email protected] Defendant: Sarah E. Schweer [email protected] Sent On: 09/26/2024 15:43:36
  45. Chief Justice of the Trial Court Order of Assignment dated October 3, 2024
  46. Land Court file sent to Hampden Family and Probate Court.
  47. Request of Petitioner and Commissioner for Remote Mass R. Civ. P. 16 Status Conference, filed.
  48. October 22, 2024. Pursuant to the Chief Justice of the Trial Court Order of Assignment dated October 3, 2024, Justice Lawrence F. Army, Jr. shall be presiding over this Land Court matter. As this Court is no longer judicial assigned to this matter, the Request for Status Conference is DENIED. Any further inquiries please directly file with the Hampden Probate and Family Court. (Foster, J.) Judge: Foster, Hon. Robert B. Notice of Docket Entry was generated and sent to: Plaintiff: Ryan K O'Hara, Esq. [email protected] Commissioner: Candace A Nichols, Esq. [email protected] Defendant: Sarah E. Schweer [email protected] Sent On: 10/22/2024 10:34:51
  49. Chief Justice of the Trial Court Order of Transfer dated October 25, 2024

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