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COMMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO. 17-01615-A
TRUSTEES OF THE FAIRWAYS AT SHINIG
ROCK CONDOMINIUM TRUST,
Apt,
Pt
Plaintiff / Defendant-in-Counterclaim,
»)
Vv.
M. LOUISE DIRAZONIAN and NOV 10 20171
FEDERAL NATIONAL MORTGAGE
ASSOCAITION,
™ Ae HM, CLERK
Defendants / Defendants-in-Counterclaim,
and
COMMONWEALTH OF MASSACHUSETTS,
Defendants/Parties-In-Interest /
Plaintiff-in-Counterclaim 5
ANSWER AND COUNTERCLAIM
The Commonwealth of Massachusetts Executive Office of Health and Human Services
(“MassHealth”) hereby submits the following Answer and Counterclaim to the Plaintiff's
Complaint.
PRELIMINARY. STATEMENT
This paragraph states a legal conclusion to which no response is required.
PARTIES
2 Admit in part based on the records filed with the referenced Registry of Deeds.
MassHealth further states that it is without sufficient information to either admit or deny the
remainder of this paragraph and therefore denies same.
3 Admit in part based on the records filed with the referenced Registry of Deeds.
MassHealth further states that it is without sufficient information to either admit or deny the
remainder of this paragraph and therefore denies same.
4. Admit in part based on the records filed with the referenced Registry of Deeds.
MassHealth further states that it is without sufficient information to either admit or deny the
remainder of this paragraph and therefore denies same.
5 Admit that MassHealth is a party-in-interest. MassHealth has an interest in the estate of
the record owner, M. Louise Dirazonianpursuant to.a MassHealth Lien of record upon the Unit
dated March 26, 2013, and recorded with the Registry of Deeds in Book 50806, Page 238. The
medical bills to date for M. Louise Dirazonian are $367,283.77. Furthermore, the correct
address for the Commonwealth of Massachusetts, Executive Office of Health and Human
Services (MassHealth) is One Ashburton Place, 11th Floor, Boston, MA 02108.
FACTS
6 MassHealth states that it is without sufficient information to either admit or deny and
therefore denies same.
7 MassHealth states that it is without sufficient information to either admit or deny and
therefore denies same.
8 MassHealth states that it is without sufficient information to either admit or deny and
therefore denies same.
9 MassHealth states that it is without sufficient information to either admit or deny and
therefore denies same.
CAUSES OF ACTION
COUNT 1 - AGAINST THE UNIT
10. This paragraph states a legal conclusion to which no response is required.
COUNT Il - ESTABLISHING THE PRIORITY OF THE LIEN
i This paragraph states a legal conclusion to which no response is required
AFFIRMATIVE DEFENSES
FIRST DEFENSE
Plaintiffs’ claims in the Complaint are precluded by M.G.L. c. 118E Section 31(d)
SECOND DEFENSE
Plaintiffs’ claims in the Complaint are precluded by M.G.L. c. 118E Section 31 and 32
THIRD DEFENSE
Plaintiffs’ claims in the Complaint are barred by the doctrine of set-off.
FOURTH DEFENSE
The Complaint fails to state a claim upon which relief can be granted
COUNTERCLAIM
.
Parties and Factual Background
1 Plaintiff-in-Counterclaim Executive Office of Health and Human Services (“MassHealth”) is
the single state agency responsible for administering the Commonwealth’s Medicaid
program, known as MassHealth, a state and federally sponsored medical assistance and
benefits program. See M.G.L. c. 118E et seq., M.G.L. c. 6A, Section 16B.
Defendants-in-Counterclaim are the Trustees of the Fairways at Shining Rock Condominium
Trust (the “Organization of Unit Owners”) with a stated location in Northbridge, Worcester
County, MA.
Defendant-in-Counterclaim, M. Louise Dirazonian, is, upon information and belief, an
individual with a last known mailing addresses of 271 Purchase St., Milford, MA 01757
and112 Clubhouse Lane, Unit 7, Northbridge, MA 01543.
Defendant-in-Counterclaim, Federal National Mortgage Association, is a. bank having a
usual place of business at 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254.
MassHealth hereby avers and restates the above responses to the paragraphs of the
Complaint of the Plaintiff and Defendant-in-Counterclaim as if fully restated herein.
M. Louise Dirazonian received Medicaid benefits. She has received $367,283.77 in
recoverable Medicaid benefits through October 19, 2017.
MassHealth recorded a Lien upon the Unit on March 26, 2013 for the cost of medical
assistance paid or to be paid on behalf of the M. Louise Dirazonian. See M.G.L. c.118E
Section 31(d) and Section 34.
MassHealth has a valid claim against proceeds from the sale of the subject real estate sought
by the Organization of Unit Owners, to the extent of M. Louise Dirazonian’s interest in said
real estate under M.G.L. c. 118E Section 31(d).
As MassHealth has recorded a valid lien, it would be able to recover for $367,283.77 in
known paid Medicaid benefits against M. Louise Dirazonian’s interest in the subject real
estate.
Recovery of Medicaid Benefits
9 MassHealth hereby avers and restates the above paragraphs of this Counterclaim as if
fully restated herein.
10. Because MassHealth properly paid for MassHealth benefits to M. Louise Dirazonian, she
is indebted to MassHealth in the amount of $367,283.77.
i. MassHealth is entitled to recover said amount from proceeds from any sale of the subject
teal estate to the extent the record owner M. Louise Dirazonian’s interest is in said real estate
under 130 CMR 515.012 and if she were deceased, pursuant to M.G.L. c. 118E, Sections 31 and
32.
WHEREFORE, MassHealth respectfully requests the following relief:
A An order directing the sale of the real estate to satisfy debts including the amounts
owed to MassHealth.
A An order directing the record owner, M. Louise Dirazonian, to pay the amount of
$367,283.77 from her interest in the subject real estate, to the extent possible
based on any sale of said real estate.
An order directing the Defendants-in-Counterclaim to pay the amount of
$367,283.77 to MassHealth, to the extent possible based on any sale of said real
estate from the remaining or excess assets after payment of the amounts owed to
the Condominium and/or any party-in-interest who has established legal priority
over MassHealth.
Other equitable relief as the Court deems just and meet.
-
Respectfully Submitted,
EXECUTIVE OFFICE OF HEALTH AND
HU MAN
By its attorneyy,
.
E ene
Charles J. an, BBO# 655913
Assistant 1 Counsel
Sharon B vyle, |S.A.A.G., BBO# 556367
Chief MassHealth Counsel
One Ashburton Place, 1 1" Floor
Boston, MA 02108
617-573-1785
chuck.sheehan@state.ma.us
I Oo Bn
Certificate of Service
I hereby certify that a true copy of the above document was served upon the Plaintiffs counsel and
the other parties by regular mail on November 7, 2017 at:
Mark S. Einhorn, Esq.
Marcus, Errico, Emmer, & Brooks P.C.
45 Braintree Hill Office Park, Suite 107
Braintree, MA 02184
M. Louise Dirazonian
112 Clubhouse Lane, Unit 7
Northbridge, MA 01543
M. Louise Dirazonian
271 Purchase St.
it
Milford, MA 01757
Federal National Mortgage Association
14221 Dallas Parkway, Suite 1000
Dallas, TX 75254
Charlesld. TT
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— Wo COMMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. 17-01615-A TRUSTEES OF THE FAIRWAYS AT SHINIG ROCK CONDOMINIUM TRUST, Apt, Pt Plaintiff / Defendant-in-Counterclaim, ») Vv. M. LOUISE DIRAZONIAN and NOV 10 20171 FEDERAL NATIONAL MORTGAGE ASSOCAITION, ™ Ae HM, CLERK Defendants / Defendants-in-Counterclaim, and COMMONWEALTH OF MASSACHUSETTS, Defendants/Parties-In-Interest / Plaintiff-in-Counterclaim 5 ANSWER AND COUNTERCLAIM The Commonwealth of Massachusetts Executive Office of Health and Human Services (“MassHealth”) hereby submits the following Answer and Counterclaim to the Plaintiff's Complaint. PRELIMINARY. STATEMENT This paragraph states a legal conclusion to which no response is required. PARTIES 2 Admit in part based on the records filed with the referenced Registry of Deeds. MassHealth further states that it is without sufficient information to either admit or deny the remainder of this paragraph and therefore denies same. 3 Admit in part based on the records filed with the referenced Registry of Deeds. MassHealth further states that it is without sufficient information to either admit or deny the remainder of this paragraph and therefore denies same. 4. Admit in part based on the records filed with the referenced Registry of Deeds. MassHealth further states that it is without sufficient information to either admit or deny the remainder of this paragraph and therefore denies same. 5 Admit that MassHealth is a party-in-interest. MassHealth has an interest in the estate of the record owner, M. Louise Dirazonianpursuant to.a MassHealth Lien of record upon the Unit dated March 26, 2013, and recorded with the Registry of Deeds in Book 50806, Page 238. The medical bills to date for M. Louise Dirazonian are $367,283.77. Furthermore, the correct address for the Commonwealth of Massachusetts, Executive Office of Health and Human Services (MassHealth) is One Ashburton Place, 11th Floor, Boston, MA 02108. FACTS 6 MassHealth states that it is without sufficient information to either admit or deny and therefore denies same. 7 MassHealth states that it is without sufficient information to either admit or deny and therefore denies same. 8 MassHealth states that it is without sufficient information to either admit or deny and therefore denies same. 9 MassHealth states that it is without sufficient information to either admit or deny and therefore denies same. CAUSES OF ACTION COUNT 1 - AGAINST THE UNIT 10. This paragraph states a legal conclusion to which no response is required. COUNT Il - ESTABLISHING THE PRIORITY OF THE LIEN i This paragraph states a legal conclusion to which no response is required AFFIRMATIVE DEFENSES FIRST DEFENSE Plaintiffs’ claims in the Complaint are precluded by M.G.L. c. 118E Section 31(d) SECOND DEFENSE Plaintiffs’ claims in the Complaint are precluded by M.G.L. c. 118E Section 31 and 32 THIRD DEFENSE Plaintiffs’ claims in the Complaint are barred by the doctrine of set-off. FOURTH DEFENSE The Complaint fails to state a claim upon which relief can be granted COUNTERCLAIM . Parties and Factual Background 1 Plaintiff-in-Counterclaim Executive Office of Health and Human Services (“MassHealth”) is the single state agency responsible for administering the Commonwealth’s Medicaid program, known as MassHealth, a state and federally sponsored medical assistance and benefits program. See M.G.L. c. 118E et seq., M.G.L. c. 6A, Section 16B. Defendants-in-Counterclaim are the Trustees of the Fairways at Shining Rock Condominium Trust (the “Organization of Unit Owners”) with a stated location in Northbridge, Worcester County, MA. Defendant-in-Counterclaim, M. Louise Dirazonian, is, upon information and belief, an individual with a last known mailing addresses of 271 Purchase St., Milford, MA 01757 and112 Clubhouse Lane, Unit 7, Northbridge, MA 01543. Defendant-in-Counterclaim, Federal National Mortgage Association, is a. bank having a usual place of business at 14221 Dallas Parkway, Suite 1000, Dallas, TX 75254. MassHealth hereby avers and restates the above responses to the paragraphs of the Complaint of the Plaintiff and Defendant-in-Counterclaim as if fully restated herein. M. Louise Dirazonian received Medicaid benefits. She has received $367,283.77 in recoverable Medicaid benefits through October 19, 2017. MassHealth recorded a Lien upon the Unit on March 26, 2013 for the cost of medical assistance paid or to be paid on behalf of the M. Louise Dirazonian. See M.G.L. c.118E Section 31(d) and Section 34. MassHealth has a valid claim against proceeds from the sale of the subject real estate sought by the Organization of Unit Owners, to the extent of M. Louise Dirazonian’s interest in said real estate under M.G.L. c. 118E Section 31(d). As MassHealth has recorded a valid lien, it would be able to recover for $367,283.77 in known paid Medicaid benefits against M. Louise Dirazonian’s interest in the subject real estate. Recovery of Medicaid Benefits 9 MassHealth hereby avers and restates the above paragraphs of this Counterclaim as if fully restated herein. 10. Because MassHealth properly paid for MassHealth benefits to M. Louise Dirazonian, she is indebted to MassHealth in the amount of $367,283.77. i. MassHealth is entitled to recover said amount from proceeds from any sale of the subject teal estate to the extent the record owner M. Louise Dirazonian’s interest is in said real estate under 130 CMR 515.012 and if she were deceased, pursuant to M.G.L. c. 118E, Sections 31 and 32. WHEREFORE, MassHealth respectfully requests the following relief: A An order directing the sale of the real estate to satisfy debts including the amounts owed to MassHealth. A An order directing the record owner, M. Louise Dirazonian, to pay the amount of $367,283.77 from her interest in the subject real estate, to the extent possible based on any sale of said real estate. An order directing the Defendants-in-Counterclaim to pay the amount of $367,283.77 to MassHealth, to the extent possible based on any sale of said real estate from the remaining or excess assets after payment of the amounts owed to the Condominium and/or any party-in-interest who has established legal priority over MassHealth. Other equitable relief as the Court deems just and meet. - Respectfully Submitted, EXECUTIVE OFFICE OF HEALTH AND HU MAN By its attorneyy, . E ene Charles J. an, BBO# 655913 Assistant 1 Counsel Sharon B vyle, |S.A.A.G., BBO# 556367 Chief MassHealth Counsel One Ashburton Place, 1 1" Floor Boston, MA 02108 617-573-1785 chuck.sheehan@state.ma.us I Oo Bn Certificate of Service I hereby certify that a true copy of the above document was served upon the Plaintiffs counsel and the other parties by regular mail on November 7, 2017 at: Mark S. Einhorn, Esq. Marcus, Errico, Emmer, & Brooks P.C. 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 M. Louise Dirazonian 112 Clubhouse Lane, Unit 7 Northbridge, MA 01543 M. Louise Dirazonian 271 Purchase St. it Milford, MA 01757 Federal National Mortgage Association 14221 Dallas Parkway, Suite 1000 Dallas, TX 75254 Charlesld. TT