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COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, ss. SUPERIOR COURT
CIVIL ACTION NO: 15-241
SUZANNE MARIE SCHUTT, AS )
PERSONAL REPRESENTATIVE )
OF THE ESTATE OF WESLEY )
JAMES SCHUTT, JR. ) DEFENDANT’S MEMORANDUM IN
) IN SUPPORT OF MOTION TO
Plaintiff ) BIFURCATE CLAIMS
HAMPDEN COUNTY
v. ) SUPERIOR GOURT
) FILED
MARK M. DUCHARME, et. al. ) APR -2 2018
)
)
Defendants
c 2. OF Sie
DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO BIFURCATE TRIAL
‘WITH RESPECT TO PLAINTIFF’S CLAIM UNDER MASSACHUSETTS GENERAL LAW
CHAPTER 109A
Pursuant to Mass. R. Civ. P. 42(b), Defendant, Frances E. Ducharme, respectfully moves
for an order serving the Plaintiffs M.G.L.c. 109A claim and staying trial of this claim pending
the jury trial of the Plaintiffs claims pursuant to M.G.L.c. 229 in the wrongful death action.
In support of this Motion, Defendant Frances E. Ducharme states as follows:
1. In 2005, the year after my husband Ralph’s death, was the year I decided to explore
selling my condo located at 15171 Cedarwood Lane, Apt. 3704, Naples, FL 34110. My intention
became definite when I purchased a small condo in the same building that my oldest son,
daughter-in-law, and my only grandchild at that time lived in North Miami Beach, FL.
Realtors’ expertise indicated that the real estate market in Naples, Florida would not give
me any sale or a sale way below the condo’s real value. I decided not to sell at that time. Instead,
I sold my new condo in North Miami Beach, FL while the market was still active there.
Maintaining my home at 141 Amherst Road, South Hadley, MA and the condo in Naples,
FL was obviously going to be a financial impossibility. I explored renting the Florida condo but
when rentals were becoming difficult due to the large number of rentals available, which were
411available for far less than I was able to responsibly rent out for and still maintain my condo until
the real estate market turned around; my condo was not turned into a rental and not for sale.
My son, Mark Ducharme and daughter-in-law, Debra Ducharme offered to buy my 141
Amherst Road, South Hadley, MA home in 2007. I was able to maintain and live in Naples, FL
and still visit the home I loved in Massachusetts which was designed and built by my late
husband.
I became a Floridian resident and applied for widow’s exemptions. Homestead, widow,
and financial exemptions were granted in 2005/2006 on Cedarwood Lane, Naples, FL condo.
The Homestead exemption on Cedarwood Lane, Naples, FL was in place when the condo
was sold in March, 2015. My decision to sell was based on a better real estate market but most
importantly Debra Ducharme had listed the 141 Amherst Road, South Hadley property for sale. I
begged her to wait until J returned to Massachusetts to try to make arrangements to buy it back.
She agreed to take the house off the market but the house was still on the real estate market when
I returned and subsequently sold in September, 2015.
Visiting Naples, FL twice during the year I lived in Massachusetts, I spent the time
exploring a new home purchase which led me to Ave Maria, Florida where I bought a small
house priced within the perimeters necessary to afford a mortgage using my condo proceeds. I
closed on this Homestead house in September, 2016.
2. Article X, Section 4 of the Florida Constitution states that homestead property in Florida
is “exempt from forced sale under process of any court.”
Proceeds from the sale of Florida homestead are also protected to the extent that they are
intended to be used for the purchase of a new Florida homestead within a reasonable time.
Respectfully submitted,
ee
Frances E. Ducharme
5101 Beckton Road
Ave Maria, FL 34142
413-335-0929
DATE: March 25, 2018
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COMMONWEALTH OF MASSACHUSETTS HAMPDEN, ss. SUPERIOR COURT CIVIL ACTION NO: 15-241 SUZANNE MARIE SCHUTT, AS ) PERSONAL REPRESENTATIVE ) OF THE ESTATE OF WESLEY ) JAMES SCHUTT, JR. ) DEFENDANT’S MEMORANDUM IN ) IN SUPPORT OF MOTION TO Plaintiff ) BIFURCATE CLAIMS HAMPDEN COUNTY v. ) SUPERIOR GOURT ) FILED MARK M. DUCHARME, et. al. ) APR -2 2018 ) ) Defendants c 2. OF Sie DEFENDANT’S MEMORANDUM IN SUPPORT OF MOTION TO BIFURCATE TRIAL ‘WITH RESPECT TO PLAINTIFF’S CLAIM UNDER MASSACHUSETTS GENERAL LAW CHAPTER 109A Pursuant to Mass. R. Civ. P. 42(b), Defendant, Frances E. Ducharme, respectfully moves for an order serving the Plaintiffs M.G.L.c. 109A claim and staying trial of this claim pending the jury trial of the Plaintiffs claims pursuant to M.G.L.c. 229 in the wrongful death action. In support of this Motion, Defendant Frances E. Ducharme states as follows: 1. In 2005, the year after my husband Ralph’s death, was the year I decided to explore selling my condo located at 15171 Cedarwood Lane, Apt. 3704, Naples, FL 34110. My intention became definite when I purchased a small condo in the same building that my oldest son, daughter-in-law, and my only grandchild at that time lived in North Miami Beach, FL. Realtors’ expertise indicated that the real estate market in Naples, Florida would not give me any sale or a sale way below the condo’s real value. I decided not to sell at that time. Instead, I sold my new condo in North Miami Beach, FL while the market was still active there. Maintaining my home at 141 Amherst Road, South Hadley, MA and the condo in Naples, FL was obviously going to be a financial impossibility. I explored renting the Florida condo but when rentals were becoming difficult due to the large number of rentals available, which were 411available for far less than I was able to responsibly rent out for and still maintain my condo until the real estate market turned around; my condo was not turned into a rental and not for sale. My son, Mark Ducharme and daughter-in-law, Debra Ducharme offered to buy my 141 Amherst Road, South Hadley, MA home in 2007. I was able to maintain and live in Naples, FL and still visit the home I loved in Massachusetts which was designed and built by my late husband. I became a Floridian resident and applied for widow’s exemptions. Homestead, widow, and financial exemptions were granted in 2005/2006 on Cedarwood Lane, Naples, FL condo. The Homestead exemption on Cedarwood Lane, Naples, FL was in place when the condo was sold in March, 2015. My decision to sell was based on a better real estate market but most importantly Debra Ducharme had listed the 141 Amherst Road, South Hadley property for sale. I begged her to wait until J returned to Massachusetts to try to make arrangements to buy it back. She agreed to take the house off the market but the house was still on the real estate market when I returned and subsequently sold in September, 2015. Visiting Naples, FL twice during the year I lived in Massachusetts, I spent the time exploring a new home purchase which led me to Ave Maria, Florida where I bought a small house priced within the perimeters necessary to afford a mortgage using my condo proceeds. I closed on this Homestead house in September, 2016. 2. Article X, Section 4 of the Florida Constitution states that homestead property in Florida is “exempt from forced sale under process of any court.” Proceeds from the sale of Florida homestead are also protected to the extent that they are intended to be used for the purchase of a new Florida homestead within a reasonable time. Respectfully submitted, ee Frances E. Ducharme 5101 Beckton Road Ave Maria, FL 34142 413-335-0929 DATE: March 25, 2018