Motion-Secondary: Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center vs. Estate of Mabel MacDougall et al

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                                Date Filed 7/21/2023 1:53 PM
‘Superior Court - Essex
Docket Number
                                                                                                                         3.1


                                                     COMMONWEALTH.OF MASSACHUSETTS:

                     ESSEX, ss.                                                           ESSEX    SUPERIOR DOCKET
                                                                                         ‘NO NEW FILING 2 377CVO0GASA

                      BRENTWOOD OPERATOR, LLC
                      Wb/a THE BRENTWOOD
                      REHABILITATION. AND
                      HEALTHCARE CENTER
                                      Plaintiff;

                          vz


                      ESTATE-OF MABEL MACDOUGALL,
                            Defendant,

                      DAVID MACDOUGALL,
                                      Defendant,

                      RUSSELL MACDOUGALL
                                      Defendant,

                      and

                      PHILLIP MACDOUGALL
                                     Defendant.


                                    Al FFIDAVIT IN SUPPORT OF MOTION FOR REAL ESTATE ATTACHMENT

                                     I, the undersigned, having been duly:sworn say that upon my own knowledge,

                     information
                              and belief‘and so far a8 upon such information and belief that I believe the following

                     to be true-and accurate:

                               1. My name Chiistopher J. Leazott, Esq. and T:reptesetit the Plaintiff in the above-captioned
                                     matter.


                               2.    As.of the date of this-affidavit, pursuant to:the records of the Southern
                                                                                                            Essex District

                                     Registry of Deeds aid the Town of Gloucester’s
                                                                                  Tax Assessor’s Office, Defendants,
Date Filed 7/21/2023 1:53 PM
“ Superior Court - Essex
' Docket Number




                                David MacDougall, Russell:MacDougall, and Phillip’ MacDougall have an ownership

                                interest in the property located at 7 Springfield Street, Gloucester, Essex County,

                                Massachusetts 01930 (“Property”).

                                Plaintiff is concemed that the Defendants may seek to:transfer title or interest in said

                                property while Plaintiff's: complaint is pending.

                                As detailed in.Plaintiff's complaint:and the-exhibit thereto, Defendants have caused at

                                Jeast $99,910:00.,in injuries to the Plaintiff, and, notwithstanding the lack of any defense,

                                said Defendant:has failed and/or refused to. remedy or provide payment of the balance

                                owed to: Plaintiff.

                                Tdo.not know‘or have reason:to believe that Defendatits have liability instirancé available

                                to satisfy any judgment in this.action.

                                There is-a'reagonable:likeliood that the Plaintiff will recover judgment in. an amount

                                equal to or greater. than the amount of attachment.

                                Plaintiff provided room, board, and skilled nursing services to Ms. Mabel MacDougall.

                                Ms. Mabel MacDougall completed a Medicaid application for Lorig-Tetm:’ Cate benefits

                                which was denied due to the transfer of Property: from Ms. Mabel MacDougall to David

                                MacDougall, Russell MacDougall, and Phillip MacDougall.

                           9.   The-denial of Medicaid application: resulted in the $99,170.00 being owed to the:Plaintiff.

                           10. Plaintiff's counsel sent a letter to David MacDougall, Russell MacDougall, and Phillip

                                MacDougall on or about May 23, 2023 making’suggestions to resolve the:denial of the.

                                Mediéaid Long-Term Care coverage such.as transferring the Properly back to the:Estate

                                of Mabel MacDougall so: that the Property ‘could be-sold and the assets. spent. down to the

                                Plaintiff.
Date Filed 7/21/2023 1:53 PM
‘Superior Court - Essex
Docket Number




                        11. David MacDougall, Russell MacDougall, and Phillip MacDougall failed and refused to

                               respond to Plaintiff’s:counsel which:cause the filing of the instant litigation.

                        12. On information and belief,.Deféiidants.are-not an infant or incompetent.

                        13. On information and belief, Defendants.are not currently in military setvice.

                        14. A real-estate attachment.is necessary:to:prevent-possible imminentisale, transfer, or

                               alienation of the real property so.as to provide security for judgment.

                        15. Therefore, I ask that this Honorable‘Court make an attachment Ofreal estate in the

                               amount of $100;000.00 ii order to.enstité that Plaintiff is properly compensated in the

                               eyent that this:matter is litigated.


                  Signed under the pans and perialties‘of
                                                       perjury this qe day of                  _{ ) ¥ ly    92023,




                                                                                          Christoph         eazotD