1- court “TOL, 9 SUPERIOR FILED COMMONWEALTH OF MASSACHUSETTS nov 17 2007 BRISTOL, SS. eres SUPERIOR COURT DEPARTMENT MARC J. SANTOS, ESC. CANO. FIIBQVOIOIO CLERK/MAGISTRATE ) SUZANNE SULLIVAN ) ) Plaintiff, ) ) v. ) ) ROMAN CATHOLIC BISHOP OF ) FALL RIVER a/k/a DICOCESE OF FALL ) RIVER and ) ‘THE VERDIN COMPANY ) ) Defendants ) ee eee reece eee eee COMPLAINT Introduction This is an action for equitable relief and an accounting for the Diocese of Fall River’s misappropriation of over $300,000 in funds specifically raised to repair the bell tower and refurbish the bells at Saint Lawrence Church on County Street in New Bedford and to also prevent the imminent sale and shipment of the bells out of state after their unannounced removal on November 14, 2017. ‘The plaintiff brings claims for a constructive trust, conversion, an accounting and a declaratory judgment declaring voiding the Diocese’s sale of the bells to defendant The Verdin Bell Company of Ohio. 1, The Superior Court has subject matter jurisdiction over this matter pursuant to as the amount in dispute exceeds $25,000 and the also involves equitable relief. Venue is fue Oy6. proper in here as the church is located here, the property at issue is in Fairhaven, defendant Verdin has entered into a contract here and is scheduled to take pick-up the bells here. Parties ‘The plaintiff, Suzanne Sullivan is a resident of Fairhaven who has been a life long parishioner of Saint Lawrence Church. ‘The defendant, Roman Catholic Bishop of Fall River a/b/a The Diocese of Fall River, is a corporation in Massachusetts which rans and manages the Saint Lawrence ‘Church, ‘The defendant, The Verdin Company, which is a corporation based out of Ohio. Facts ‘The bells at Saint Lawrence Church were installed in 1888 and were a sound beacon, as far back as the whaling days, for mariners returning to their home port of New Bedford. The bells have been a New Bedford icon for many years. There are 14 bells in total with the names: Sacred Heart, Blessed Virgin Mary, Said Joseph, Seraphim, Cherubim, Thrones, Domination, Virtues, Principalities, Powers, Archangels, Angels, St. Lawrence and St. Patrick. COUNT I- CONSTRUCTIVE TRUST ‘The Plaintiff hereby incorporates the preceding paragraphs by reference, Through fundraising efforts specifically undertaken by the plaintiff and her fellow parishioners over $360,000 was raised for the specific purpose of restoring the bell tower and refurbishing the bells. The priest at the Church was directly involved thesolicitation of these funds and they were deposited into accounts specifically for this purpose 10. Donors were expressly told that the solicited funds were for the restoration of the bell tower and the bells. Donor pledges showed the clock tower and were entitled St. Lawrence Bell Tower Restoration, 11. In addition, the Finance Committee at the Church retained an architect for the restoration and had decided on a contractor to perform the restoration. 12. Despite these efforts, the Diocese seized the money in the bell tower repair accounts, co-mingled it with its general funds and failed to use the funds to restore the bell tower. Instead of repairing the bell tower, the Diocese surreptitiously sold the bells to the defendant Verdin and then had them removed ahead of schedule in an attempt to hide their removal or delay discovery of their removal before the bells could be shipped out of stats. 13. The manner in which the Diocese seized the donated funds which it knew were raised for the express purpose of restoring the bell tower, and then co-mingled the funds with its other monies, was a breach of the duty it owed to parishioners and donors, was fraudulent and amounts to unjust enrichment. |. After committing these acts, the Diocese then sold the bells to the defendant Verdin for $32,000 — a fraction of their value, ‘The Diocese made this sale knowing that there were more than enough donations to repair the bell tower, knowing that it had ‘made promises to donors that the funds would be used for the express purpose of repairing the tower. Also, both the Diocese and Verdin would be unjustly ensiched because the Diocese would receive funds from the sale of the bells, while alsokeeping the $360,000 to repair the tower, and Verdin would purchase the bells for a below market price of 32,000. WHEREFORE, the plaintiff demands that a constructive trust he established to protect the bells from sale. COUNT. CONVERSION 15. The Diocese seized over $360,000 of funds specifically donated to repair the bell tower and refurbish the bells, 16, The $360,000 in funds were not for general use by the Diocese as they were donated to the Church for a specific purpose. 17. The Diocese has converted those funds to its own use and has now attempted to sell the bells, which were part of the intended bell tower restoration, thereby further indicating its intend to keep the misappropriated funds. WHEREFORE, the plaintiff demands judgment on this claim and that she be awarded her damages with pre- and post-judgment interest, attomey's fees and costs where allowed by law and what other additional relief the Court deems just and proper. COUNT HI - ACCOUNTING 18, The Plaintisf hereby incorporates by reference the preceding paragraphs. 19. The Diocese of Fall River has converted the donated funds in the bell tower restoration account to its own use. 20. The plaintiff hereby requests and is entitled to an accounting of all said funds seized by the Diocese.WHEREFORE, the plaintiff demands judgment on this claim and that she be awarded his damages with pre- and post-judgment interest, attomey’s fees and costs ‘where allowed by law and what other additional relief the Court deems just and proper. COUNT IV - DECLARATORY JUDGMENT 21. The Plaintiff hereby incorporates by reference the preceding paragraphs, 22. The plaintiff is seeking a declaration that any contract entered into the Diocese for the sale of the: bells is void as a matter of law based on the fraud and/or mistepresentations committed by the Diocese, the below market sale of the bells contrary to the best interests of the parishioners and as being against public policy. ‘THE PLAINTIFF REQUESTS A JURY TRIAL ON ALL ISSUES PHILLIPS éY GARCIA, P.C. 13 Ventura Drive Dartmouth, MA 02747 508-998-0800 508-998-0919 (fax) to phillips@phillipsgarcia.com Dated: November ia 2017