Motion-Secondary: Jordan L. Shapiro In his/her capacity Escrow Holder vs. Geer, Doris et al

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                           COMMON      WEALTHTOF        MASSACHUSETTS

    MIDDLESEX; ss                                  SUPERIOR COURT
                                                   CIVIL ACTION NO,           1881CV02451



    JORDAN L. SHAPIRO                                                   INTHE OFFICE OF THE
                                                                       CLERK OF COURTS
           Plaintife,                                               FOR THE COUNTY OF MIDDLESEX

                                                                        NOV     13     2018
    Vv.


    DANIEL GEER, ct al.                                                 be Sf os
            Defendants




    DEFENDANT DANIEL GEER’S OPPOSITION TO PLAINTIFF’S MOTION FOR
                        ORDER FOR DISTRIBUTION OF LIMITED FUNDS


           Defendant Daniel Geer objects to Plaintiff's Motion for Order for Distribution of

    Limited Funds on the following grounds:

    1. The Motion was filed incorreetly. Plaintiff's motion is in effect a motion for

    summary judgment. It seeks to resolve contested issues by dispersing funds that are

    disputed. Plaintiff has mislabeled the motion, and has failed to comply with the rule

    governing summary judgment motions, M.R.Civ.P. 56.

    2. The Motion is not properly supported.      Ina   pleading, plaintiff makes factual

    assertions that are not supported by affidavit or other proof. This is improper.

    3. The Facts Underlying the Motion are disputed. Defendant Daniel Geer disputes

    that the funds available represent the true amount that should be distributed. For 28

    years, Doris Geer administered the real estate that was previously owned by her mother.

    She rented rooms in the property, and allegedly paid bills for the property.        She
a




    demanded that all transactions be made in cash, and never shared any records or accounts

    with her siblings. Daniel Geer demands an accounting by Doris Geer before any funds

    are distributed.

    4, Defendant Seeks Equitable Remedies.           Daniel Geer demands that a constructive

    trust be imposed upon the proceeds, that Doris Geer disgorge the money that she has

    stolen from the management of the property, that she accounts for all funds spent and

    received, and that she pay for her free apartment in the real estate while she charged him

    rent to live there.

    Further, Daniel Geer demands that Doris pay all income taxes, real estate taxes, and

    mortgage payments that were due while she managed the property.          These unpaid

    amounts must be determined prior to any dispersal of funds.

    5. Discovery is Needed. Daniel Geer requests the opportunity to take discovery prior to

    the dispersal of any funds.

    6. The Sale Proceeds are the Fruit of a Poisonous Tree.         Finally, Daniel Geer expects

    the evidence to show that the deed from him to Doris was obtained through fraud. Doris

    made untrue statements to Daniel in order to convince him to sign the deed to her for no

    consideration.     Thus the sale proceeds are the fruit of a poisonous tree, and should be

    distributed only after all the evidence is heard.



                                            CONCLUSION

            Plaintiff's Motion for Order for Distribution of Limited Funds should be denied.
By his       ey,


                                                       J.
                                                        “4 ihn
                                            DavidM. Hass, BBO No. 542237
                                            LAW OFFICES OF BURTON J. HASS
                                            640 Main Street
                                            Malden, MA 02148
                                            (781) 322-3900
                                            BJHlaw@msn.com



‘Dated: October 18, 2018

                             CERTIFICATE OF SERVICE

       I, DAVID M. HASS, hereby certify that on this date, I served a copy of the within
document upon all parties by mailing a copy thereof, postage prepaid, to:

Jordan L. Shapiro, Esq.
Shapiro & Hender
P.O. Box 392
Malden, MA 02148

Kenny Mazonson, Esq.
640 Main Street
Malden, MA 02148

Charles Rotundi, Esq.
79 State Street


                                      bad.
Newburyport, MA 01959


                                            DAVID M. HASS
Dated: October 18, 2018