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

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                                Wy
                      COMMONWEALTH OF              MASSACHUSETTS

MIDDLESEX, ss                                           SUPERIOR COURT
                                                        CIVIL ACTION NO: 18CV02451


JORDAN L. SHAPIRO, in his capacity as
Escrow Holder
       Plaintiff,

                                                                                      IN THE OFFICE OF THE
                                                                                     CLERK O!      ‘OURTS.
                                                                                FOR THE COUNTY OF MIDDLESEX
Doris Geer, Wayne Geer, Patricia Kuchlewski,
Lorraine L. Morse, Paul Geer, Susan B Amato,_
                                                                                       MAR 04 2019
Rosemary Hinton, Cynthia A. Geer, Daniel E. Geer,
Robert F. Geer, Brian Geer, Donna M. Croteau
                              Defendants                                             FEE
               T

               ' RESPONSE OF DORIS GEER TO CROSS-CLAIMS
                 OF SUSAN B. AMATO AND ROSEMARY HINTON


       Now comes Doris Geer, and in response to the numbered paragraphs of the cross-

claims of Susan B. Amato and Rosemary Hinton, says:

1.No response required.

2. Denied that Lorraine Morse paid rent to Doris Geer; she paid the taxes and monthly

mortgage loan owed to the city of Malden, Malden Redevelopment Authority, and

insurance and water; she collected rents from tenants between 1989 and 2006.

3. Doris admits that the home was a two family dwelling and that she rented roomts to

many tenants over the years and collected rent money.    Doris admits that she never gave

her siblings and account of the rental income and expenses but denies that anyone,

including Susan B Amato and Rosemary Hinton, ever requested an accounting or offered
>


    to assist in the management, rental, maintenance or expenses of the property from 1990

    until the property was sold (except for real estate tax payments by Amato/Hinton.

    4. Denied that it was solely the responsibility of Doris Geer to pay real estate taxes and a

    loan from the city of Malden out of rental income she was receiving. That was the

    obligation of all 12 siblings. In fact, all real estate taxes and loans to the city of Malden

    were paid, but out of Doris’ private fund (about $160,000 in personal funds in total

    expenses paid by her), due to lack of rental income, which Amato/Hinton are well know.

    5.Admitted that the city of Malden notified Geer that they were taking the property for

    nonpayment of real estate taxes.

    6.Admitted that Amato/Hinton paid $95,591.16 for real estate taxes owed the city of

    Malden.

    7. Doris Geer has no knowledge as to where Amato/Hinton obtained the funds.

                             AFFIRMATIVE DEENSES

              Doris Geer says that Amato/Hinton demanded payment of $95,591.16 at the

    closing on the sale of the property. They accepted $95,591.16 as payment in full by

    check paid by the closing attorney. Thus, Amato/Hinton have been paid in full for all

    funds they demanded at the time of the closing.

              Doris Geer relied upon the demands made at the closing by Amato/Hinton and

    they are barred by equitable estoppel from demanding more funds than they demanded at

    the closing, when the accepted a distribution of their funds.

              Doris Geer further says that, by mistake, they were paid in full for monies that

    they paid at the closing in the amount of $95,591.16. In fact, 2/12 of said funds were

    monies that they should not have been reimbursed for, because that is the amount that
they owed for their share of the real estate taxes as owner of the property.

WHEREFORE, Doris Geer demands that, in the accounting, $15,931.86 be reimbursed to

the estate/Doris Geer.

        Doris Geer says that Amato/Hinton waived their right to seek further distributions

of funds for lost interest by agreeing to accept payment of $95,591.16 at the closing.

        Doris Geer says that since all parties agreed to the distribution of $95591.16 to

Amato/Hinton at the closing, they are barred from seeking additional funds by the

doctrine of laches and unclean hands in misleading Doris Geer into paying them

$ 95,591.16 in full, when now they seek interest on their funds.

       Doris Geer says she has provided a full accounting of all income and all expenses,

as ordered by the Court.

                                      Respectfully submitted,

                                      DORIS GEER

                                    en attoney,
                                           ~.




                                      JOBDAN L. SHAPIRO.           Fscrow Agent
                                      Shapiro & Hender
                                      105 Salem Street
                                      Malden, MA 02148
                                      Tel 781 324 5200
                                      BBO #454240
                                      Email: jslawma@aol.com
                                      Date: March 1, 2019