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.
Preview
sé
>
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Superior Court
Civil Action No. 181CV02451
Jordan L. Shapiro, in his capacity as )
Escrow Holder, Plaintiff ) FILED
IN THE OFFICE
CLERK OF Ci
HE
RTS
FORTHE COUNTY MIDDLESEX
vs.
JUN 47 2019
Doris Geer, Wayne Geer, Patricia Kuchlewski,
Lorraine L. Morse, Paul Geer, Susan B. Amato, Ve hho ER:Uf Sled
Rosemary Hinton, Cynthia A. Geer, Daniel E. Geer,
Robert F. Geer, Brian Geer, Donna M. Croteau, Defendants )
)
MOTION TO BIFURCATE TRIAL
Now comes the Defendant Paul Geer and by his attorney, moves that this Honorable
Court order a bifurcation of the above-referenced case so that the dispute of one of the
Defendants, Daniel E. Geer, proceeds separately from and prior to, the remainder of
this action. AS grounds therefore, the Defendant, Paul Geer, states the following:
1. The Defendant, Daniel E. Geer alleges through his attorney that he deeded his
interest in the family home at 31 Mt. Vernon Park, Malden, MA to his sister, the
Defendant, Doris Geer, through fraud and deception. Daniel Geer is seeking to
have this Honorable Court order that this deed be set aside and that he be
included with the other siblings in the distribution of the proceeds from this sale
which is still currently being held by the Plaintiff, Jordan L. Shapiro.
The other siblings, all named as Defendants herein, are seeking a fair and
equitable distribution of the proceeds from the sale of the family home.
The Defendant, Paul Geer, having not signed the deed in question, would
receive the same 1/12 share, whether or not, Daniel E. Geer’s share is reinstated
by a setting aside of the deed.
The majority of the time to try this case will involve the Defendant, Daniel E.
Geer’s claim of a fraudulent and deceptive act by his sibling, Doris Geer, to have
him sign the deed that conveyed his interest to her.
This Defendant, Paul Geer believes that once the claims of Defendant, Daniel E.
Geer have been adjudicated, that the remainder of the case involving a fair and
equitable distribution of the proceeds from the sale of the family dwelling will be
resolved through agreement and/or negotiation among the Defendants.
It is not fair to include the other Defendants that are not involved in Defendant,
Daniel E. Geer’s claim that would require unnecessary costs for legal fees and
other costs associated with a jury trial that would consume a considerable
amount of time, effort and expense.
It is also in the interest of judicial economy and time to bifurcate the above-
captioned case and order that only the case of Daniel E. Geer proceed within the
time frame already ordered by this Honorable Court.
Allowance of this motion will be in the interests of justice.
For the Defendant, Paul Geer
Kenny N. Mazonson
640 Main Street
Malden, MA 02148
(781)-324-4420
B.B.O. #544005
kenmazonsonesq@aol.com
Middlesex, ss Superior Court CA# 18CV02451
CERTIFICATE OF SERVICE
| Kenny N. Mazonson, hereby certify that on this date, | served a copy of the
within Motion to Bifurcate Trial upon all parties by mailing a copy thereof, postage
prepaid, to:
Jordan L. Shapiro, Esq:
Shapiro & Hender
P.O. Box 393
Malden, MA 02148
Charles Rotondi, Esq
79 State Street
Newburyport, MA 01959
David M. Hass, Esq
640 Main Street
Malden, MA 02148
Kenny N. vicconson i
640 Main Street
Malden, MA 02148
B.B.O. # 544005
kenmazonsonesq@aol.com
Dated May 24, 2019
Preview
sé > COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Superior Court Civil Action No. 181CV02451 Jordan L. Shapiro, in his capacity as ) Escrow Holder, Plaintiff ) FILED IN THE OFFICE CLERK OF Ci HE RTS FORTHE COUNTY MIDDLESEX vs. JUN 47 2019 Doris Geer, Wayne Geer, Patricia Kuchlewski, Lorraine L. Morse, Paul Geer, Susan B. Amato, Ve hho ER:Uf Sled Rosemary Hinton, Cynthia A. Geer, Daniel E. Geer, Robert F. Geer, Brian Geer, Donna M. Croteau, Defendants ) ) MOTION TO BIFURCATE TRIAL Now comes the Defendant Paul Geer and by his attorney, moves that this Honorable Court order a bifurcation of the above-referenced case so that the dispute of one of the Defendants, Daniel E. Geer, proceeds separately from and prior to, the remainder of this action. AS grounds therefore, the Defendant, Paul Geer, states the following: 1. The Defendant, Daniel E. Geer alleges through his attorney that he deeded his interest in the family home at 31 Mt. Vernon Park, Malden, MA to his sister, the Defendant, Doris Geer, through fraud and deception. Daniel Geer is seeking to have this Honorable Court order that this deed be set aside and that he be included with the other siblings in the distribution of the proceeds from this sale which is still currently being held by the Plaintiff, Jordan L. Shapiro. The other siblings, all named as Defendants herein, are seeking a fair and equitable distribution of the proceeds from the sale of the family home. The Defendant, Paul Geer, having not signed the deed in question, would receive the same 1/12 share, whether or not, Daniel E. Geer’s share is reinstated by a setting aside of the deed. The majority of the time to try this case will involve the Defendant, Daniel E. Geer’s claim of a fraudulent and deceptive act by his sibling, Doris Geer, to have him sign the deed that conveyed his interest to her. This Defendant, Paul Geer believes that once the claims of Defendant, Daniel E. Geer have been adjudicated, that the remainder of the case involving a fair and equitable distribution of the proceeds from the sale of the family dwelling will be resolved through agreement and/or negotiation among the Defendants. It is not fair to include the other Defendants that are not involved in Defendant, Daniel E. Geer’s claim that would require unnecessary costs for legal fees and other costs associated with a jury trial that would consume a considerable amount of time, effort and expense. It is also in the interest of judicial economy and time to bifurcate the above- captioned case and order that only the case of Daniel E. Geer proceed within the time frame already ordered by this Honorable Court. Allowance of this motion will be in the interests of justice. For the Defendant, Paul Geer Kenny N. Mazonson 640 Main Street Malden, MA 02148 (781)-324-4420 B.B.O. #544005 kenmazonsonesq@aol.com Middlesex, ss Superior Court CA# 18CV02451 CERTIFICATE OF SERVICE | Kenny N. Mazonson, hereby certify that on this date, | served a copy of the within Motion to Bifurcate Trial upon all parties by mailing a copy thereof, postage prepaid, to: Jordan L. Shapiro, Esq: Shapiro & Hender P.O. Box 393 Malden, MA 02148 Charles Rotondi, Esq 79 State Street Newburyport, MA 01959 David M. Hass, Esq 640 Main Street Malden, MA 02148 Kenny N. vicconson i 640 Main Street Malden, MA 02148 B.B.O. # 544005 kenmazonsonesq@aol.com Dated May 24, 2019