Preview
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. ESSEX SUPERIOR DOCKET
NO.: 2377CV00695
a nen
BRENTWOOD OPERATOR, LLC
d/b/a THE BRENTWOOD
REHABILITATION AND
HEALTHCARE CENTER
Plaintiff,
AMENDED COMPLAINT
¥
ESTATE OF MABEL MACDOUGALL
Defendant,
DAVID MACDOUGALL
Defendant,
RUSSELL MACDOUGALL
Defendant,
and
PHILLIP MACDOUGALL
Defendant.
san
STATEMENT OF THE CASE
NOW COMES. the Plaintiff, Brentwood Operator, LLC, d/b/a The Brentwood
Rehabilitation and Healthcare Center, seeking damages and equitable relief against Defendant,
Estate of Mabel MacDougall, for claims pursuant to breach of contract for failure to provide
payment pursuant to a valid agreement. quantum meruit, and claims pursuant to M.G.L.c. 109A
Plaintiffis also seeking damages against Defendants. David MacDougall. Russell MacDougall,
and Phillip MacDougall for claims pursuant to M.G.L. c. 109A, the Uniform Fraudulent
Transfers Act.
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
PARTIES
Plaintiff, Brentwood Operator, LLC, d/b/a The Brentwood Rehabilitation and Healthcare
Center (“Plaintiff”), is a skilled nursing facility with a principal office of business located
at 56 Liberty Street, Danvers, Essex County, Massachusetts.
Defendant, Estate of Mabel MacDougall (“Estate”), is pending the appointment of a
Personal Representative, with filings of a Petition for Formal Appointment of Personal
Representative filed by Plaintiff as Petitioner pursuant to Docket Number ES23P223 1EA
in the Essex County Probate and Family Court.
Defendant, Mr. David MacDougall, is an individual with a last and usual address located
at 44 Central Street, Apt. 2, Ipswich, Massachusetts.
Defendant, Mr. Russell MacDougall, is an individual with a last and usual address
located at 7 Springfield Street, Gloucester, Massachusetts.
Defendant, Mr. Phillip MacDougall, is an individual with a last and usual address located
at 7 Acacia Street, Gloucester, Massachusetts.
FACTS
On or about August 29, 2019, Ms. Mabel MacDougall conveyed her interest in the real
property known as and located at 7 Springfield Street, Gloucester, Essex County,
Massachusetts 01930 (“Property”) for consideration of one U.S. dollars ($ 1.00) via deed
dated August 29, 2019 and recorded on the same day with Southern Essex District
Registry of Deeds, Book 37798 Page 489 (a true and accurate copy of the Deed is
attached hereto as “Exhibit A”).
On or about May 26, 2022, Ms. Mabel MacDougall was admitted to Plaintiff's facility
for the purposes of receiving room, board, and skilled nursing services.
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
8. Ms. Mabel MacDougall agreed to provide payment for room, board, and skilled nursing
services provided by Plaintiff.
In consideration of Ms. Mabel MacDougall’s agreement to provide payment, Plaintiff
dutifully provided Ms. Mabel MacDougall with room, board, and skilled nursing services
from May 26, 2022 through December 22, 2022.
10 The amount of $99,910.00 owed to Plaintiff represents the unpaid balance for the room,
board, and skilled nursing services Plaintiff provided to Ms. Mabel MacDougall (a true
and accurate copy of an invoice is hereby incorporated by reference and attached hereto
as “Exhibit B”).
i Ms. Mabel MacDougall failed and/or refused to provide payment to Plaintiff in violation
of the agreement.
COUNTI
BREACH OF CONTRACT
Against Estate of Mabel MacDougall
12. Paragraphs one through eleven are incorporated by reference herein.
13 Ms. Mabel MacDougall agreed to provide payment for room, board, and twenty-four (24)
hour skilled nursing care services rendered by Plaintiff to Ms. Mabel MacDougall.
14 By virtue of the fact that services were rendered by Plaintiff © Ms. Mabel MacDougall
pursuant to the agreement, Plaintiff is entitled to payment.
15 Ms. Mabel MacDougall’s failure and/or refusal to satisfy the obligations constitutes breach
of contract.
16 Plaintiff has been damaged by the breach of the agreement in an amount to be determined
at trial.
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
WHEREFORE, as to Count I, Plaintiff seeks damages in the amount of $99,910.00, plus fees,
costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. c.
231, Section 6C, from the date of commencement of the instant action to judgment and
continuing.
COUNT If
QUANTUM MERUIT/UNJUST ENRICHMENT
Against Estate of Mabel MacDougall
17 Paragraphs one through sixteen are incorporated by reference.
18 On or about May 26, 2022, Ms. Mabel MacDougall became a resident at Plaintiff's facility
for the purpose of receiving nursing and other health care services and room and board.
19 Ms. Mabel MacDougall expected or reasonably should have expected to pay for said care
services and room and board.
20. The Plaintiff had reasonable expectations of receiving payment for said care services and
room and board.
21 The Plaintiff dutifully provided such service, care, room and board for the benefit of Ms.
Mabel MacDougall and Ms. Mabel MacDougall failed to pay for same.
22. The fair and reasonable value of said services is $99,910.00.
23 Ms. Mabel MacDougall would be unjustly enriched if he did not reimburse Plaintiff for the
fair and reasonable value of services provided.
WHEREFORE, as to Count II, Plaintiff seeks damages in the amount of $99,910.00, plus fees,
costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. ¢.
231, Section 6C, from the date of commencement of the instant action to judgment and
continuing.
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
COUNT IN
FRAUDULENT TRANSFERS — CLAIMS PURSUANT TO G.L. ¢. 109A.
Against Defendants Estate of Mabel MacDougall, David MacDougall, Russell MacDougall, 9
and Phillip MacDougall
24, Paragraphs one through twenty-three are incorporated herein by reference.
25. Chapter 109A, Section 5, in relevant part states “A transfer made or obligation incurred
by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or
after the transfer was made or the obligation was incurred, if the debtor made the transfer
or incurred the obligation: (1) with actual intent to hinder, delay, or defraud any creditor
of the debtor’
26 Furthermore, “In determining actual intent under paragraph (1) of subsection (a),
consideration must be given, among other factors, to whether: (1) the transfer or
obligation was to an insider; . . . (2) the debtor retained possession or control of the
property transferred after the transfer; . . . (5) the transfer was of substantially all the
debtor’s assets; . . . (8) the value of the consideration received by the debtor was
reasonably equivalent to the value of the asset transferred or the amount of the obligation
incurred; (9) the debtor was insolvent or became insolvent shortly after the transfer was
made or the obligation was incurred; (10) the transfer occurred shortly before or shortly
after a substantial debt was incurred.”
27 Upon information and belief, the transfer of the Property was from Ms. Mabel
MacDougall to her children, Mr. Phillip MacDougall, Mr. David MacDougall, Mr.
Russell MacDougall, and Ms. Patricia MacDougall, who has since passed.
28. Upon information and belief, after the transfer of the Property, Ms. Mabel MacDougall
had no assets to pay for the room, board, and skilled nursing care that he received at
Plaintiff's facility.
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
29. According to the Deed, Ms. Mabel MacDougall only received $1.00 for the transfer of
the Property to her children.
30 The Property has an estimated value of $377,400.00.
31 Ms. Mabel MacDougall was admitted to Plaintiff's facility on May 26, 2022 when she
was 82 years old.
32 Ms. Mabel MacDougall transferred the Property to her children on August 29, 2019,
when Ms. Mabel MacDougall was almost 80 years old.
33 Ms. Mabel MacDougall transferred the Property to her children about two years and eight
months prior to being admitted to Plaintiff's facility for room, board, and skilled nursing
services for which she would incur a substantial debt for said services.
34. Chapter 109A, Section 5 also states that “A transfer made or obligation incurred by a
debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the
transfer was made or the obligation was incurred, if the debtor made the transfer or
incurred the obligation: (2) without receiving a reasonably equivalent value in exchange
for the transfer or obligation, and the debtor: (ii) intended to incur, or believed or
reasonably should have believed that he would incur, debts beyond his ability to pay as
they became due.”
35 Upon information and belief, after the transfer of the Property, Ms. Mabel MacDougall
had no assets to pay for the room, board, and skilled nursing care that he received at
Plaintiff's facility.
36. According to the Deed, Ms. Mabel MacDougall only received $1.00 for the transfer of
the Property to her children.
37. The Property has an estimated value of $377,400.00.
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
WHEREFORE, as to Count IH, Plaintiff seeks damages in the amount of $99,910.00, plus fees,
costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. c.
231, Section 6C, from the date of commencement of the instant action to judgment and
continuing.
REQUEST FOR RELIEF
WHEREFORE, Plaintiff, Brentwood Operator, LLC, d/b/a The Brentwood Rehabilitation and
Healthcare Center, prays for the following relief:
That on Count I, the Court enters Judgment in the amount of $99,910.00, plus fees, costs,
and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L.
c. 231, Section 6C, from the date of commencement of the instant action to judgment and
continuing;
I That on Count I, the Court enters Judgment in the amount of $99,910.00, plus fees,
costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to
M.G.L. c. 231, Section 6C, from the date of commencement of the instant action to
judgment and continuing;
Til. That on Count IL, the Court enters Judgment in the amount of $99,910.00, plus fees,
costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to
M.G.L. c. 231, Section 6C, from the date of commencement of the instant action to
judgment and continuing; and
IV. For such other relief as the court sees fit.
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
Respectfully submitted,
PLAINTIFF
by its ttormeys
Thomas J."Cleary (669296)
Christopher J. Leazott (705564)
COHEN CLEARY, P.C.
122 Dean Street
Taunton, MA 02780
Tel: (508) 880-6677; Fax: (508) 880-6679
tcleary@cohencleary.com
DATED:
altel cleazott@cohencleary.com
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
AMENDED COMPLAINT
BRENTWOOD OPERATOR, LLC d/b/a THE BRENTWOOD
REHABILITATION AND HEALTHCARE CENTER v. ESTATE
OF MABEL MACDOUGALL, ET. AL.
EXHIBIT A
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
CA
adie
aRecorded
sib bm bee Pg
DEED
We, MABEL J. MACDOUGALL, being widowed, of Gloucester, Massachusetts,
For consideration paid and in full consideration of ONE DOLLARS ($1.00),
GRANT to PHILLIP MACDOUGALL. RUSSELL MACDOUGALL, DAVID
MACDOUGALL and PATRICIA MACDOUGALL, as tenants in common, of 7
Springfield Street, Gloucester, Massachusetts
With Quitclaim Covenants,
A certain parcel of land, with the buildings thereon, situated on Springfield Street in
Gloucester, bounded and described as follows:
Beginning on the Westerly side of said street al the Southeasterly comer of said granted
5 premises at land now or formerly of the heirs or devisees of Procter: thence
NORTHERLY by said Springfield Street, forty feet (40), turning right angle:
thence turning at right angles and running
£ WESTERLY by land now or formerly of heirs of devisees of Procter, sixty feet
(60), turning at a right angle; thence turing at a right angle and
running
SOUTHERLY by land now or formerly of heirs of devisees of Procter, forty feet
(40), tuming right angle; thence turning at a right angle and
running
EASTERLY by 60 feet to the point of beginning: containing 2,400 square feet.
Containing 2.400 square feet, more or less.
THE GRANTORS HEREBY RESERVES A LIFE ESTATE IN THE ABOVE-
DESCRIBED PREMISES.
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
Being the premises conveyed by Donald A. Sutherland and Helen P. Sutherland to Mabel
J. MacDougall and Everett F. MacDougall by deed dated December 24, 1965 and
recorded with the Essex Southern District Registry of Deeds in Book 5329, Page 313.
Everett F. MacDougall died on September 21, 1991. See death certificate recorded
herewith.
‘the within conveyance is subject to Grantors’ rights of homestead, said rights being
hereby ratified and affirmed.
Witness my hand und seal this 29th day of August 2019,
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss
On this 2%h day of August 2019, before me, the undersigned notary public,
personally appeared Mabel J, MacDougall aljand proved to me through satisfactory
evidence of identification, which was [_“ | photographic identification with signature
issued by a federal or state governmental agency, [___] oath or affirmation of a credible
witness, or | J personal knowledge of the undersigned, to be the person whose name
iy signed on the preceding or attached document, and acknowledged to me that he/she
signed said document voluntarily for its stated purpose, by his/her free act and deed,
—_——_ ee
Sees <3 _
OC fe pS
— Salvatore J. Fronti ero, Notary Public
My Commission Expires: May 25, 2023
wv
SALVATORE J FRONTIERO
Notaty Public
CE MSONWEALINOF MAS SECHLGE ETS!
My Commissicr Expites On
tay 25. 2923
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
AMENDED COMPLAINT
BRENTWOOD OPERATOR, LLC d/b/a THE BRENTWOOD
REHABILITATION AND HEALTHCARE CENTER v. ESTATE
OF MABEL MACDOUGALL, ET. AL.
EXHIBIT B
Date Filed 8/10/2023 2:03 PM
Superior Court - Essex
Docket Number 2377CV00695
THE BRENTWOOD REHABILITATION & NURSING CENTER
56 Liberty Street
Danvers MA 01923-
978-777-2700 T
[Amount Due Bue By | Statement Date |
91,910.00 01/14/23 |
Leen Lo ~ 07/20/28 }
MABEL MACDOUGALL
7 SPRINGFIELD STREET
GLOUCESTER, MA 01930 Rm:
Resident: MacDougall, Mabel 1D:52314
Dates Description Perlod tals Charge. Balance
Room & Board 06/04/22-06/30/22 455,00 12,285.00 12,285.00
Room & Board 07/01/22-07/31/22 31 455.00 14,105.00 26,390.00
Room & Board 08/01/22-08/31/22 3t 455.00 14,105.00 40,495.00
04/30/23 Room & Board 09/01/22-09/30/22 455.00 13,650.00 54,145.00
04/30/23 Room & Board 10/01/22-10/31/22 31 455.00 14,105.00 68,250.00
04/30/23 Room & Board 14/01/22-1 1/30/22 455.00 13,650.00 81,900.00
04/30/23 Room & Board 12/01/22-12/22/22 10,010.00 91,910.00
01/05/23 Payment 1,700.00. 90,210.00
01/24/23 Payment 1,700.00, ‘91,910.00
Payment is Due by 07/14/23 Total Due: 91,910.00
If you have any questions regarding this statement please contact Michele at 732-903-9528 or at mfrank@cedarbridgefinancial.com.
Thank youl
Now accepting payments online at mhsip.com/paymybill
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Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. ESSEX SUPERIOR DOCKET NO.: 2377CV00695 a nen BRENTWOOD OPERATOR, LLC d/b/a THE BRENTWOOD REHABILITATION AND HEALTHCARE CENTER Plaintiff, AMENDED COMPLAINT ¥ ESTATE OF MABEL MACDOUGALL Defendant, DAVID MACDOUGALL Defendant, RUSSELL MACDOUGALL Defendant, and PHILLIP MACDOUGALL Defendant. san STATEMENT OF THE CASE NOW COMES. the Plaintiff, Brentwood Operator, LLC, d/b/a The Brentwood Rehabilitation and Healthcare Center, seeking damages and equitable relief against Defendant, Estate of Mabel MacDougall, for claims pursuant to breach of contract for failure to provide payment pursuant to a valid agreement. quantum meruit, and claims pursuant to M.G.L.c. 109A Plaintiffis also seeking damages against Defendants. David MacDougall. Russell MacDougall, and Phillip MacDougall for claims pursuant to M.G.L. c. 109A, the Uniform Fraudulent Transfers Act. Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 PARTIES Plaintiff, Brentwood Operator, LLC, d/b/a The Brentwood Rehabilitation and Healthcare Center (“Plaintiff”), is a skilled nursing facility with a principal office of business located at 56 Liberty Street, Danvers, Essex County, Massachusetts. Defendant, Estate of Mabel MacDougall (“Estate”), is pending the appointment of a Personal Representative, with filings of a Petition for Formal Appointment of Personal Representative filed by Plaintiff as Petitioner pursuant to Docket Number ES23P223 1EA in the Essex County Probate and Family Court. Defendant, Mr. David MacDougall, is an individual with a last and usual address located at 44 Central Street, Apt. 2, Ipswich, Massachusetts. Defendant, Mr. Russell MacDougall, is an individual with a last and usual address located at 7 Springfield Street, Gloucester, Massachusetts. Defendant, Mr. Phillip MacDougall, is an individual with a last and usual address located at 7 Acacia Street, Gloucester, Massachusetts. FACTS On or about August 29, 2019, Ms. Mabel MacDougall conveyed her interest in the real property known as and located at 7 Springfield Street, Gloucester, Essex County, Massachusetts 01930 (“Property”) for consideration of one U.S. dollars ($ 1.00) via deed dated August 29, 2019 and recorded on the same day with Southern Essex District Registry of Deeds, Book 37798 Page 489 (a true and accurate copy of the Deed is attached hereto as “Exhibit A”). On or about May 26, 2022, Ms. Mabel MacDougall was admitted to Plaintiff's facility for the purposes of receiving room, board, and skilled nursing services. Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 8. Ms. Mabel MacDougall agreed to provide payment for room, board, and skilled nursing services provided by Plaintiff. In consideration of Ms. Mabel MacDougall’s agreement to provide payment, Plaintiff dutifully provided Ms. Mabel MacDougall with room, board, and skilled nursing services from May 26, 2022 through December 22, 2022. 10 The amount of $99,910.00 owed to Plaintiff represents the unpaid balance for the room, board, and skilled nursing services Plaintiff provided to Ms. Mabel MacDougall (a true and accurate copy of an invoice is hereby incorporated by reference and attached hereto as “Exhibit B”). i Ms. Mabel MacDougall failed and/or refused to provide payment to Plaintiff in violation of the agreement. COUNTI BREACH OF CONTRACT Against Estate of Mabel MacDougall 12. Paragraphs one through eleven are incorporated by reference herein. 13 Ms. Mabel MacDougall agreed to provide payment for room, board, and twenty-four (24) hour skilled nursing care services rendered by Plaintiff to Ms. Mabel MacDougall. 14 By virtue of the fact that services were rendered by Plaintiff © Ms. Mabel MacDougall pursuant to the agreement, Plaintiff is entitled to payment. 15 Ms. Mabel MacDougall’s failure and/or refusal to satisfy the obligations constitutes breach of contract. 16 Plaintiff has been damaged by the breach of the agreement in an amount to be determined at trial. Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 WHEREFORE, as to Count I, Plaintiff seeks damages in the amount of $99,910.00, plus fees, costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. c. 231, Section 6C, from the date of commencement of the instant action to judgment and continuing. COUNT If QUANTUM MERUIT/UNJUST ENRICHMENT Against Estate of Mabel MacDougall 17 Paragraphs one through sixteen are incorporated by reference. 18 On or about May 26, 2022, Ms. Mabel MacDougall became a resident at Plaintiff's facility for the purpose of receiving nursing and other health care services and room and board. 19 Ms. Mabel MacDougall expected or reasonably should have expected to pay for said care services and room and board. 20. The Plaintiff had reasonable expectations of receiving payment for said care services and room and board. 21 The Plaintiff dutifully provided such service, care, room and board for the benefit of Ms. Mabel MacDougall and Ms. Mabel MacDougall failed to pay for same. 22. The fair and reasonable value of said services is $99,910.00. 23 Ms. Mabel MacDougall would be unjustly enriched if he did not reimburse Plaintiff for the fair and reasonable value of services provided. WHEREFORE, as to Count II, Plaintiff seeks damages in the amount of $99,910.00, plus fees, costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. ¢. 231, Section 6C, from the date of commencement of the instant action to judgment and continuing. Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 COUNT IN FRAUDULENT TRANSFERS — CLAIMS PURSUANT TO G.L. ¢. 109A. Against Defendants Estate of Mabel MacDougall, David MacDougall, Russell MacDougall, 9 and Phillip MacDougall 24, Paragraphs one through twenty-three are incorporated herein by reference. 25. Chapter 109A, Section 5, in relevant part states “A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) with actual intent to hinder, delay, or defraud any creditor of the debtor’ 26 Furthermore, “In determining actual intent under paragraph (1) of subsection (a), consideration must be given, among other factors, to whether: (1) the transfer or obligation was to an insider; . . . (2) the debtor retained possession or control of the property transferred after the transfer; . . . (5) the transfer was of substantially all the debtor’s assets; . . . (8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred; (9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; (10) the transfer occurred shortly before or shortly after a substantial debt was incurred.” 27 Upon information and belief, the transfer of the Property was from Ms. Mabel MacDougall to her children, Mr. Phillip MacDougall, Mr. David MacDougall, Mr. Russell MacDougall, and Ms. Patricia MacDougall, who has since passed. 28. Upon information and belief, after the transfer of the Property, Ms. Mabel MacDougall had no assets to pay for the room, board, and skilled nursing care that he received at Plaintiff's facility. Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 29. According to the Deed, Ms. Mabel MacDougall only received $1.00 for the transfer of the Property to her children. 30 The Property has an estimated value of $377,400.00. 31 Ms. Mabel MacDougall was admitted to Plaintiff's facility on May 26, 2022 when she was 82 years old. 32 Ms. Mabel MacDougall transferred the Property to her children on August 29, 2019, when Ms. Mabel MacDougall was almost 80 years old. 33 Ms. Mabel MacDougall transferred the Property to her children about two years and eight months prior to being admitted to Plaintiff's facility for room, board, and skilled nursing services for which she would incur a substantial debt for said services. 34. Chapter 109A, Section 5 also states that “A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor’s claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor: (ii) intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.” 35 Upon information and belief, after the transfer of the Property, Ms. Mabel MacDougall had no assets to pay for the room, board, and skilled nursing care that he received at Plaintiff's facility. 36. According to the Deed, Ms. Mabel MacDougall only received $1.00 for the transfer of the Property to her children. 37. The Property has an estimated value of $377,400.00. Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 WHEREFORE, as to Count IH, Plaintiff seeks damages in the amount of $99,910.00, plus fees, costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. c. 231, Section 6C, from the date of commencement of the instant action to judgment and continuing. REQUEST FOR RELIEF WHEREFORE, Plaintiff, Brentwood Operator, LLC, d/b/a The Brentwood Rehabilitation and Healthcare Center, prays for the following relief: That on Count I, the Court enters Judgment in the amount of $99,910.00, plus fees, costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. c. 231, Section 6C, from the date of commencement of the instant action to judgment and continuing; I That on Count I, the Court enters Judgment in the amount of $99,910.00, plus fees, costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. c. 231, Section 6C, from the date of commencement of the instant action to judgment and continuing; Til. That on Count IL, the Court enters Judgment in the amount of $99,910.00, plus fees, costs, and statutory interest at the rate of twelve (12%) per cent per annum pursuant to M.G.L. c. 231, Section 6C, from the date of commencement of the instant action to judgment and continuing; and IV. For such other relief as the court sees fit. Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 Respectfully submitted, PLAINTIFF by its ttormeys Thomas J."Cleary (669296) Christopher J. Leazott (705564) COHEN CLEARY, P.C. 122 Dean Street Taunton, MA 02780 Tel: (508) 880-6677; Fax: (508) 880-6679 tcleary@cohencleary.com DATED: altel cleazott@cohencleary.com Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 AMENDED COMPLAINT BRENTWOOD OPERATOR, LLC d/b/a THE BRENTWOOD REHABILITATION AND HEALTHCARE CENTER v. ESTATE OF MABEL MACDOUGALL, ET. AL. EXHIBIT A Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 CA adie aRecorded sib bm bee Pg DEED We, MABEL J. MACDOUGALL, being widowed, of Gloucester, Massachusetts, For consideration paid and in full consideration of ONE DOLLARS ($1.00), GRANT to PHILLIP MACDOUGALL. RUSSELL MACDOUGALL, DAVID MACDOUGALL and PATRICIA MACDOUGALL, as tenants in common, of 7 Springfield Street, Gloucester, Massachusetts With Quitclaim Covenants, A certain parcel of land, with the buildings thereon, situated on Springfield Street in Gloucester, bounded and described as follows: Beginning on the Westerly side of said street al the Southeasterly comer of said granted 5 premises at land now or formerly of the heirs or devisees of Procter: thence NORTHERLY by said Springfield Street, forty feet (40), turning right angle: thence turning at right angles and running £ WESTERLY by land now or formerly of heirs of devisees of Procter, sixty feet (60), turning at a right angle; thence turing at a right angle and running SOUTHERLY by land now or formerly of heirs of devisees of Procter, forty feet (40), tuming right angle; thence turning at a right angle and running EASTERLY by 60 feet to the point of beginning: containing 2,400 square feet. Containing 2.400 square feet, more or less. THE GRANTORS HEREBY RESERVES A LIFE ESTATE IN THE ABOVE- DESCRIBED PREMISES. Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 Being the premises conveyed by Donald A. Sutherland and Helen P. Sutherland to Mabel J. MacDougall and Everett F. MacDougall by deed dated December 24, 1965 and recorded with the Essex Southern District Registry of Deeds in Book 5329, Page 313. Everett F. MacDougall died on September 21, 1991. See death certificate recorded herewith. ‘the within conveyance is subject to Grantors’ rights of homestead, said rights being hereby ratified and affirmed. Witness my hand und seal this 29th day of August 2019, COMMONWEALTH OF MASSACHUSETTS ESSEX, ss On this 2%h day of August 2019, before me, the undersigned notary public, personally appeared Mabel J, MacDougall aljand proved to me through satisfactory evidence of identification, which was [_“ | photographic identification with signature issued by a federal or state governmental agency, [___] oath or affirmation of a credible witness, or | J personal knowledge of the undersigned, to be the person whose name iy signed on the preceding or attached document, and acknowledged to me that he/she signed said document voluntarily for its stated purpose, by his/her free act and deed, —_——_ ee Sees <3 _ OC fe pS — Salvatore J. Fronti ero, Notary Public My Commission Expires: May 25, 2023 wv SALVATORE J FRONTIERO Notaty Public CE MSONWEALINOF MAS SECHLGE ETS! My Commissicr Expites On tay 25. 2923 Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 AMENDED COMPLAINT BRENTWOOD OPERATOR, LLC d/b/a THE BRENTWOOD REHABILITATION AND HEALTHCARE CENTER v. ESTATE OF MABEL MACDOUGALL, ET. AL. EXHIBIT B Date Filed 8/10/2023 2:03 PM Superior Court - Essex Docket Number 2377CV00695 THE BRENTWOOD REHABILITATION & NURSING CENTER 56 Liberty Street Danvers MA 01923- 978-777-2700 T [Amount Due Bue By | Statement Date | 91,910.00 01/14/23 | Leen Lo ~ 07/20/28 } MABEL MACDOUGALL 7 SPRINGFIELD STREET GLOUCESTER, MA 01930 Rm: Resident: MacDougall, Mabel 1D:52314 Dates Description Perlod tals Charge. Balance Room & Board 06/04/22-06/30/22 455,00 12,285.00 12,285.00 Room & Board 07/01/22-07/31/22 31 455.00 14,105.00 26,390.00 Room & Board 08/01/22-08/31/22 3t 455.00 14,105.00 40,495.00 04/30/23 Room & Board 09/01/22-09/30/22 455.00 13,650.00 54,145.00 04/30/23 Room & Board 10/01/22-10/31/22 31 455.00 14,105.00 68,250.00 04/30/23 Room & Board 14/01/22-1 1/30/22 455.00 13,650.00 81,900.00 04/30/23 Room & Board 12/01/22-12/22/22 10,010.00 91,910.00 01/05/23 Payment 1,700.00. 90,210.00 01/24/23 Payment 1,700.00, ‘91,910.00 Payment is Due by 07/14/23 Total Due: 91,910.00 If you have any questions regarding this statement please contact Michele at 732-903-9528 or at mfrank@cedarbridgefinancial.com. Thank youl Now accepting payments online at mhsip.com/paymybill