Document for Brentwood Operator, LLC D/B/A The Brentwood Rehabilitation and Healthcare Center vs. Estate of Mabel MacDougall et al

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                                BleOW
                                COMMONWEALTH OF MASSACHUSETTS

ESSEX, ss.                                                            SUPERIOR COURT
                                                                      DOCKET NO.: 2377CV00695

BRENTWOOD OPERATOR, LLC
d/b/a THE BRENTWOOD
REHABILITATION AND
HEALTHCARE CENTER,
                   Plaintiff,

Vv,


ESTATE OF MABEL MACDOUGALL,
           Defendant,
                                                                                                    m
                                                                                                    a
DAVID MACDOUGALL,                                                                                   c4
                                                                                                     3
                   Defendant,                                                                       m
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RUSSELL MACDOUGALL,
          Defendant,
                                                                                                1
and

PHILLIP MACDOUGALL,
                   Defendant.


                     AFFIDAVIT OF PHILLIP MACDOUGALL                      IN SUPPORT
                  OF MOTION TO DISSOLVE REAL ESTATE ATTACHMENT

            I, Phillip MacDougall, hereby depose and state:

        This affidavit is filed in support of the Motion to Dissolve the Real Estate Attachment
filed simultaneously herewith. The facts stated herein are based on my own knowledge,
information or belief; and, so far as upon information and belief, | believe this information to be
true.                                                             '


        1   Iam anamed defendant in the above-captioned matter.

            I reside at 7 Acacia Street, Gloucester, Massachusetts.

            I have a tenant in common interest in real estate located at 7 Springfield Street
            Gloucester, Massachusetts (the “Property”) together with Russell MacDougall, David
            MacDougall and Patricia MacDougall. Patricia MacDougall died on or about April 23,
2022 and her interest in the property passed to her son through probate, Essex Probate
    Court Docket No. 23P0474EA.

    My mother lived independently in her home prior to coming down with COVID requiring
    her to be hospitalized a Addison Gilbert Hospital and then moved to Brentwood from
    there.

    Contrary to the statement in the judge’s Decision and Order on Plaintiff's Motion for
    Real Estate Attachment dated December 13, 2023, proper service of notice was not made
    on me.


   I was not served with a summons or complaint relative to the above-captioned matter
   until December 13, 2023, and I have never been served with the Motion for Real Estate
   Attachment or any affidavits in support thereof.

Signed under the penalties of perjury this   _/ s   day of January, 2024.




                                                    Phillip        all,




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