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
Lf
COMMONWEALTH OF MASSACHUSETTS
C
MIDDLESEX, ss SUPERIOR COURT
CIVIL ACTION NO: 1881CV02451
JORDAN L. SHAPIRO, in his capacity as
Escrow Holder
Plaintiff,
FILED IN THE OFPICE o}
CLERK OF F THE
Doris Geer, Wayne Geer, Patricia Kuchlewaim, THE COUNTY URTS
MIDDLESEX
Lorraine L. Morse, Paul Geer, Susan B Amato,
Rosemary Hinton, Cynthia A. Geer, Daniel E. Geen,
Robert F. Geer, Brian Geer, Donna M. Croteau
UG18 ozo
Defendants FE Sal
MOTION FOR ORDER FOR DISTRIBUTION/RELEASE OF 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. The amount presently on hand, after payment of
some agreed closing costs, expenses and filing fees, being held in escrow by Attorney
Shapiro in a segregated, interest bearing account at East Cambridge Savings Bank is
$398,122.11, as of June 30, 2020. , All parties agreed these funds should be held by
Plaintiff as Escrow Agent pending further orders of this Court.
The Plaintiff filed this Interpleader complaint, under Mass R Civ P 22, on August
24, 2018. No funds have been distributed since the real estate closing.
All defendants have been served with process and answered the complaint.
BASIS FOR MOTION
1. The Plaintiff (now Doris Geer) says that this matter is ripe for an order for
distribution/release of funds.
2. The Plaintiff says that Scott Cook, a long time boyfriend of Doris Geer,
advanced the sum of $ 10,000 in May, 2011 for real estate taxes, for which he is now
entitled to reimbursement post-closing. This payment was inadvertently not paid at the
closing by the closing attorney.. [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.]
3. A full trial involving whether or not Daniel Geer is entitled to a 1/12
distribution of the funds on hand has now been completed, resulting in an adverse
decision for Daniel Geer, thereby terminating his interest.
4. While the trial was limited generally as to whether or not Doris Geer had
defrauded Daniel Geer into signing away his interest, the Court (Doolin, J.) heard days of
evidence and received numerous original bills and documents summarized in a large
“chart” that was marked during the trial as a chaulk, dealing with whether or not Doris
had defrauded the rest of the heirs by misappropriating rental income from the property
over a period of about 28 years.
5. Doris Geer now holds 7/12 interest in the funds now on hand.
6. Doris Geer believes that the remaining heirs are willing to have all funds on
hand now distributed.
7. Doris Geer 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 the siblings
who are named as Defendants.
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.10. The
Plaintiff says the funds being held must be equitably distributed among the competing
interests.
WHEREFORE, Doris Geer moves:
1. For an immediate distribution of $ 10,000.00 to reimburse Scott Cook for the
funds he paid for the property’s real estate taxes.
2. For an immediate distribution of $ 32,343.51 ($ 388,122.11 divided by 12) to
each of the heirs entitled to receive the same. [Seven of the 12 shares are owned by Doris
Geer].
3. For such other and further relief as the Court deems reasonable and just.
Respectfully submitted,
The Plaintiff, pro se [Now Doris Geer]
a =
fr
30 ABI RRO, Bsexpw Agent
ine’& Hender
105 Salem Street
Malden, MA 02148
Tel 781 324 5200
BBO #454240
Email: jslawma@aol.com
Date: July 29, 2020
4.
CERTIFICATE OF SERVICE
I, Jordan L. Shapiro, certify that I served all parties in interest by forwarding the within Motion first class
mail, postage prepaid to the attached service list.
Signed under the penalties of perjury Jul
fa
JORDAY L. SHAPIRO
.
Service List
Ms. Doris Geer
212 Belmont Street
Malden, MA 02148
Ms. Wayne Geer
212 Belmont Street
Malden, MA 02148
Ms. Patricia Laird
17 Milton Street
Malden, MA 02148
Ms. Lorraine Morse
21 Milton Street
Malden, MA 02148
Ms. Susan Amato
Ms. Rosemary Hinton
Attorney Charles Rotundi
79 State Street
Newburyport, MA 01950
Mr. Daniel Geer
Attorney David M. Hass
640 Main Street
Malden, MA 02148
Mr. Paul Geer
c/o Attorney Kenny Mazonson
640 Main Street
Malden, MA 02148
Mr. Richard Croteau
4 Judith Road
Peabody, MA 01960
Ms. Cynthia Geer
96 Ontario Street
Lynn, MA 01904
«
Mr. Robert Geer
21 Waite Street
Malden, MA 02148
Mr. Brian Geer
220 Sammett Street
Malden, MA 02148
Preview
Lf COMMONWEALTH OF MASSACHUSETTS C MIDDLESEX, ss SUPERIOR COURT CIVIL ACTION NO: 1881CV02451 JORDAN L. SHAPIRO, in his capacity as Escrow Holder Plaintiff, FILED IN THE OFPICE o} CLERK OF F THE Doris Geer, Wayne Geer, Patricia Kuchlewaim, THE COUNTY URTS MIDDLESEX Lorraine L. Morse, Paul Geer, Susan B Amato, Rosemary Hinton, Cynthia A. Geer, Daniel E. Geen, Robert F. Geer, Brian Geer, Donna M. Croteau UG18 ozo Defendants FE Sal MOTION FOR ORDER FOR DISTRIBUTION/RELEASE OF 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. The amount presently on hand, after payment of some agreed closing costs, expenses and filing fees, being held in escrow by Attorney Shapiro in a segregated, interest bearing account at East Cambridge Savings Bank is $398,122.11, as of June 30, 2020. , All parties agreed these funds should be held by Plaintiff as Escrow Agent pending further orders of this Court. The Plaintiff filed this Interpleader complaint, under Mass R Civ P 22, on August 24, 2018. No funds have been distributed since the real estate closing. All defendants have been served with process and answered the complaint. BASIS FOR MOTION 1. The Plaintiff (now Doris Geer) says that this matter is ripe for an order for distribution/release of funds. 2. The Plaintiff says that Scott Cook, a long time boyfriend of Doris Geer, advanced the sum of $ 10,000 in May, 2011 for real estate taxes, for which he is now entitled to reimbursement post-closing. This payment was inadvertently not paid at the closing by the closing attorney.. [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.] 3. A full trial involving whether or not Daniel Geer is entitled to a 1/12 distribution of the funds on hand has now been completed, resulting in an adverse decision for Daniel Geer, thereby terminating his interest. 4. While the trial was limited generally as to whether or not Doris Geer had defrauded Daniel Geer into signing away his interest, the Court (Doolin, J.) heard days of evidence and received numerous original bills and documents summarized in a large “chart” that was marked during the trial as a chaulk, dealing with whether or not Doris had defrauded the rest of the heirs by misappropriating rental income from the property over a period of about 28 years. 5. Doris Geer now holds 7/12 interest in the funds now on hand. 6. Doris Geer believes that the remaining heirs are willing to have all funds on hand now distributed. 7. Doris Geer 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 the siblings who are named as Defendants. 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.10. The Plaintiff says the funds being held must be equitably distributed among the competing interests. WHEREFORE, Doris Geer moves: 1. For an immediate distribution of $ 10,000.00 to reimburse Scott Cook for the funds he paid for the property’s real estate taxes. 2. For an immediate distribution of $ 32,343.51 ($ 388,122.11 divided by 12) to each of the heirs entitled to receive the same. [Seven of the 12 shares are owned by Doris Geer]. 3. For such other and further relief as the Court deems reasonable and just. Respectfully submitted, The Plaintiff, pro se [Now Doris Geer] a = fr 30 ABI RRO, Bsexpw Agent ine’& Hender 105 Salem Street Malden, MA 02148 Tel 781 324 5200 BBO #454240 Email: jslawma@aol.com Date: July 29, 2020 4. CERTIFICATE OF SERVICE I, Jordan L. Shapiro, certify that I served all parties in interest by forwarding the within Motion first class mail, postage prepaid to the attached service list. Signed under the penalties of perjury Jul fa JORDAY L. SHAPIRO . Service List Ms. Doris Geer 212 Belmont Street Malden, MA 02148 Ms. Wayne Geer 212 Belmont Street Malden, MA 02148 Ms. Patricia Laird 17 Milton Street Malden, MA 02148 Ms. Lorraine Morse 21 Milton Street Malden, MA 02148 Ms. Susan Amato Ms. Rosemary Hinton Attorney Charles Rotundi 79 State Street Newburyport, MA 01950 Mr. Daniel Geer Attorney David M. Hass 640 Main Street Malden, MA 02148 Mr. Paul Geer c/o Attorney Kenny Mazonson 640 Main Street Malden, MA 02148 Mr. Richard Croteau 4 Judith Road Peabody, MA 01960 Ms. Cynthia Geer 96 Ontario Street Lynn, MA 01904 « Mr. Robert Geer 21 Waite Street Malden, MA 02148 Mr. Brian Geer 220 Sammett Street Malden, MA 02148