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

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                            COMMONWEALTH OF MASSACHUSETTS

MIDDLESEX,ss                                                                 SUPERIOR COURT

                                                                      CIVIL ACTION NO: 18CV02451

Jordan L. Shapiro, in his capacity as

Escrow Holder

PLAINTIFF

V.                                                                               ste enn

                                                                       THE COUNTY & SuaTS
                                                                   FOR CLERIC  ¢
Doris Geer, Wayne Geer, Patricia Kuchlewski                                          MIDPLESEX


Lorraine Morse, Paul Geer, Susan B. Amato,                              JUN 63 2019
                                                                                    oN
Rosemary Hinton, Cynthia A. Geer, Daniel E. Geer,                 J
Robert F. Geer, Donna M. Croteau,, Brian Geer

DEFENDANTS

                                MOTION TO BIFURCATE TRIAL

     Now come the Defendants Susan B. Amato and Rosemary Hinton and by their attorney moves
that this Honorable Court order a bifurcation of the above described case so that the case of
Daniel E. Geer proceeds separately from the remainder of this action. As grounds therefore, the
Defendants state the following:

1. The Defendant Daniel E. Geer alleges through his attorney that his deeded interest in the
family real estate located on Mt. Vernon Street in Malden, Massachusetts to his sister, Doris
Geer was procured by fraud and deception and he seeks relief from the Court by ordering said
deed be set aside and that he be included in the distribution of the proceeds of the sale of the
home which is presently being held in escrow by Attorney Jordan Shapiro.

2. All other Defendants in this case are merely seeking a fair and equitable distribution of the
proceeds of the sale although several defendants, including Susan B. Amato and Rosemary
Hinton agree that their brother Daniel should share in the distribution.
3. Most of the time needed to try this case will involve the Defendant Daniel E. Geer’s claim
that he was deceived by his sister Doris Geer in deeding over his interest.

4. The Defendants Susan B. Amato and Rosemary Hinton believe that once their brother
Daniel’s demands are resolved by a trial then the remainder of the case involving fair and
equitable distribution of the proceeds will be resolved by negotiation and/or agreement
between the parties.

5. It is unfair to include other Defendants not involved in the Defendant Daniel Geer’s demands
to pay for legal fees and costs associated with a jury trial which will take considerable time and
effort.

6. It is also in the interest of judicial economy and time to bifurcate the above described case
and order that the case of Daniel E. Geer only proceed within the time frame already ordered
by this Honorable Court.

7. Allowance of this motion will be in the interests of justice.



                                        For the Defendants Susan B. Amato and Rosemary Hinton,

                                                hat.               Vokal.
                                            Charles D. Rotondi

                                            79 State Street

                                            Newburyport, MA. 01950 (978-462-9393)
                                             B.B.O. #431260 charles@charlesrotondilaw.com