On August 24, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Shapiro, Jordan L.,
and
Amato, Susan B.,
Croteau, Donna M.,
Croteau, Richard,
Geer, Brian,
Geer, Cynthia A,
Geer, Daniel E.,
Geer, Doris,
Geer, Paul R.,
Geer, Robert F.,
Geer, Wayne,
Hinton, Rosemary,
Kuchlewski, Patricia,
Morse, Lorraine L.,
for Contract / Business Cases
in the District Court of Middlesex County.
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2
Cy
MIDDLESEX, ss SUPERIOR COURT
CIVIL ACTION NO: 1881CV02451
JORDAN L. SHAPIRO, in his capacity as wre bieror ne
Escrow Holder ‘OF COURTS
FOR THE GOURTY
OF
Plaintiff,
NO13V208
hl’
SK Cee’
CLERK
Doris Geer, Wayne Geer, Patricia Kuchlewski,
Lorraine L. Morse, Paul Geer, Susan B Amato,
Rosemary Hinton, Cynthia A. Geer, Daniel E. Geer,
Robert F. Geer, Brian Geer, Donna M. Croteau
Defendants
MOTION FOR ORDER FOR DISTRIBUTION OF LIMITED FUNDS
INTRODUCTION
The Plaintiff was attorney for Doris Geer, one of 12 siblings who inherited the
real estate located at 31 Mt. Vernon Park, Malden, MA 02148 from their mother in 1990
She was the sibling who motivated the sale of this property to the benefit of her other
siblings.
The property was sold to a bona fide purchaser for $540,000 in 2018. The net
proceeds of the sale was $ 398,165.89.
Because the parties disagreed regarding the amount each party would receive
from these funds, all parties agreed that the net proceeds at the closingwould be held by
the Plaintiff in his IOLTA account.
The Plaintiff filed this Interpleader complaint, under Mass R Civ P 22 on August
24, 2018.
All defendants have been served with process and answered the complaint, except
Brian Geer, who is of parts unknown.
BASIS FOR MOTION
1. The Plaintiff says that this matter is ripe for an order for distribution of funds.
2. The Plaintiff says that, prior to filing of the within complaint, he held the sum
of $395,165.89.
3, At this time, he has deducted $ 345.00 for the court entry fee and cost of
summonses and $ 3,000.00 for legal fees in preparing and entering the within complaint,
for numerous emails to and from counsel to the parties after the closing, and in obtaining
service of process on all parties (except Brian Geer). Thus, the Plaintiff presently holds
the sum of $391,820.89 in his IOLTA account.
4. The Plaintiff says that one Scott Cook advanced the sum of $10,000 for real
estate taxes, for which he is entitled to reimbursement post-closing. This payment was
inadvertently not paid at the closing. [At the time of closing, two heirs, Susan Amato and
Rosemary Hinton were paid the sum of $95,591.16 for reimbursement of real estate taxes
paid in 2013.]
5. Doris Geer expended $3,000 for fix-up costs and other pre-closing expenses, in
order for the Seller to purchase the property.
6.Prior to the closing, Daniel Geer signed a deed to Doris Geer for his interest in
the property, for good and valuable consideration. However, at this time, he disputes the
validity of the transfer and has retained counsel to obtain his share of the sale proceeds.
Thus, payment of his share is the only share that the Plaintiff says he knows is disputed.
7. He believes that there is no just and fair reasons to delay a distribution of an
uncontested pro-rata share of the funds on hand, which are owed to 11 of the siblings
who are named as Defendants (except Daniel Geer).
8. The Plaintiff believes that the Defendants (except Daniel Geer) will approve a
distribution, in accordance with the prayers set forth below.
9. The Plaintiff says that the time is now ripe for an Order to determine a just, fair
and equitable distribution of the funds held by the Plaintiff as Escrow Agent, which all
parties agreed should be held by Plaintiff as Escrow Agent pending further orders of this
Court.
10. The Plaintiff says the funds being held must be equitably distributed among
the competing interests.
PRAYERS FOR RELIEF
WHEREFORE, the Plaintiff prays that the Court approves the following request
for relief, from the $ 395,165.89 now in the hands of the Plaintiff:
1, That a payment of $10,000 be made to Scott Cook, per paragraph 4 above;
2. That a payment of $3,000 be made to Doris Geer, per paragraph 5 above.
3. That the payment of $3,345.00 be made to Jordan Shapiro, per paragraph 3
above, be approved;
4. That the remaining funds of $378,820.89 be distributed in the amount of
$31,568.40 to each of the eleven (11) heirs. Seven of the 11 shares are owned by and
shall be paid to Doris Geer.
5. The remaining fund of $ 31,568.40 for the Defendant, Daniel Geer, per
paragraph 6 above, shall continue to be held in escrow by the Plaintiff in a segregated,
interest bearing account, pending further orders of the Court, as to his entitlement to
funds.
6. For such other and further relief as the Court deems reasonable and just.
ao
’ -
wee
Respectiully su itted;
The Plaintiff,
ue
JORDAN SHAPIRO, Escrow ent
Shapir: Hender
105 Salem Street
Malden, MA 02148
Tel 781 324 5200
BBO #454240
Email: jslawma@aol.com
Date: October 7, 2018
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2 Cy MIDDLESEX, ss SUPERIOR COURT CIVIL ACTION NO: 1881CV02451 JORDAN L. SHAPIRO, in his capacity as wre bieror ne Escrow Holder ‘OF COURTS FOR THE GOURTY OF Plaintiff, NO13V208 hl’ SK Cee’ CLERK Doris Geer, Wayne Geer, Patricia Kuchlewski, Lorraine L. Morse, Paul Geer, Susan B Amato, Rosemary Hinton, Cynthia A. Geer, Daniel E. Geer, Robert F. Geer, Brian Geer, Donna M. Croteau Defendants MOTION FOR ORDER FOR DISTRIBUTION OF LIMITED FUNDS INTRODUCTION The Plaintiff was attorney for Doris Geer, one of 12 siblings who inherited the real estate located at 31 Mt. Vernon Park, Malden, MA 02148 from their mother in 1990 She was the sibling who motivated the sale of this property to the benefit of her other siblings. The property was sold to a bona fide purchaser for $540,000 in 2018. The net proceeds of the sale was $ 398,165.89. Because the parties disagreed regarding the amount each party would receive from these funds, all parties agreed that the net proceeds at the closingwould be held by the Plaintiff in his IOLTA account. The Plaintiff filed this Interpleader complaint, under Mass R Civ P 22 on August 24, 2018. All defendants have been served with process and answered the complaint, except Brian Geer, who is of parts unknown. BASIS FOR MOTION 1. The Plaintiff says that this matter is ripe for an order for distribution of funds. 2. The Plaintiff says that, prior to filing of the within complaint, he held the sum of $395,165.89. 3, At this time, he has deducted $ 345.00 for the court entry fee and cost of summonses and $ 3,000.00 for legal fees in preparing and entering the within complaint, for numerous emails to and from counsel to the parties after the closing, and in obtaining service of process on all parties (except Brian Geer). Thus, the Plaintiff presently holds the sum of $391,820.89 in his IOLTA account. 4. The Plaintiff says that one Scott Cook advanced the sum of $10,000 for real estate taxes, for which he is entitled to reimbursement post-closing. This payment was inadvertently not paid at the closing. [At the time of closing, two heirs, Susan Amato and Rosemary Hinton were paid the sum of $95,591.16 for reimbursement of real estate taxes paid in 2013.] 5. Doris Geer expended $3,000 for fix-up costs and other pre-closing expenses, in order for the Seller to purchase the property. 6.Prior to the closing, Daniel Geer signed a deed to Doris Geer for his interest in the property, for good and valuable consideration. However, at this time, he disputes the validity of the transfer and has retained counsel to obtain his share of the sale proceeds. Thus, payment of his share is the only share that the Plaintiff says he knows is disputed. 7. He believes that there is no just and fair reasons to delay a distribution of an uncontested pro-rata share of the funds on hand, which are owed to 11 of the siblings who are named as Defendants (except Daniel Geer). 8. The Plaintiff believes that the Defendants (except Daniel Geer) will approve a distribution, in accordance with the prayers set forth below. 9. The Plaintiff says that the time is now ripe for an Order to determine a just, fair and equitable distribution of the funds held by the Plaintiff as Escrow Agent, which all parties agreed should be held by Plaintiff as Escrow Agent pending further orders of this Court. 10. The Plaintiff says the funds being held must be equitably distributed among the competing interests. PRAYERS FOR RELIEF WHEREFORE, the Plaintiff prays that the Court approves the following request for relief, from the $ 395,165.89 now in the hands of the Plaintiff: 1, That a payment of $10,000 be made to Scott Cook, per paragraph 4 above; 2. That a payment of $3,000 be made to Doris Geer, per paragraph 5 above. 3. That the payment of $3,345.00 be made to Jordan Shapiro, per paragraph 3 above, be approved; 4. That the remaining funds of $378,820.89 be distributed in the amount of $31,568.40 to each of the eleven (11) heirs. Seven of the 11 shares are owned by and shall be paid to Doris Geer. 5. The remaining fund of $ 31,568.40 for the Defendant, Daniel Geer, per paragraph 6 above, shall continue to be held in escrow by the Plaintiff in a segregated, interest bearing account, pending further orders of the Court, as to his entitlement to funds. 6. For such other and further relief as the Court deems reasonable and just. ao ’ - wee Respectiully su itted; The Plaintiff, ue JORDAN SHAPIRO, Escrow ent Shapir: Hender 105 Salem Street Malden, MA 02148 Tel 781 324 5200 BBO #454240 Email: jslawma@aol.com Date: October 7, 2018