Complaint,Petition: Beaumont at the Willows, LLP vs. Cavanaugh, Mary

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BEAUMONT AT THE WILLOWS, LLP,

beany CAVANAUGH, KF iL EK D

16-1001
COMMONWEALTH OF MASSACHUSETTS

WORCESTER, SS. WORCESTER SUPERIOR COURT

CIVIL ACTION NO.

Plaintiff,

JUL 98 2016

Attest: (\ Qu |

METS AU

VERIFIED COMPLAINT

Defendant.

The plaintiff, Beaumont at the Willows, LLP (the “Plaintiff’), is a Massachusetts limited
liability partnership with a principal place of business located at One Lyman Street,
Westborough, Worcester County, Massachusetts 01581 (the “Plaintiff's Nursing Home”).

The defendant, Mary Cavanaugh (“Mary Cavanaugh”), is an individual who resides at the
Plaintiff's Nursing Home.

Mary Cavanaugh was admitted to the Plaintiff's Nursing Home on October 15, 2014 and
resides there presently. During said time, an unpaid balance of $50,383.06 incurred as a
result of the care and services provided by the Plaintiff to Mary Cavanaugh through July
of 2016. A summary of said balance is attached herein as Exhibit 1. Said balance owed
will continue to increase by $380.00 per day on August 1, 2016.

COUNT I
BREACH OF CONTRACT

The Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1
through 3, inclusive, as if fully set forth herein.

Mary Cavanaugh entered into an agreement with the Plaintiff, whereby the Plaintiff
promised to provide nursing care and services to her in exchange for payment (the
“Agreement”).

The Plaintiff fully performed and continues to fully perform its obligations under the
Agreement.

Despite numerous demands by the Plaintiff, Mary Cavanaugh has repeatedly failed
and/or refused to pay the amount owed to the Plaintiff.10.

11.

12.

10.

Mary Cavanaugh has not obtained MassHealth benefits. The Plaintiff is therefore
unaware of any insurance or other benefits to satisfy the Judgment the Plaintiff is likely
to obtain against the defendant in this matter.

The Plaintiff knows of no defense to the within action.

Mary Cavanaugh owns real property known as 170 Floral Street, Shrewsbury, Worcester
County, Massachusetts 01545, as is more particularly described within a deed recorded at
the Worcester County Registry of Deeds on July 23, 2004 at Book 34196, Page 298 (the
“Subject Property”).

The Plaintiff states that a real estate attachment against the Subject Property is necessary
to provide security to collect the judgment that it is likely to receive against the
defendant.

WHEREFORE, Plaintiff prays this Court to:

1. find for Plaintiff in the amount owed;

2. award Plaintiff statutory interest pursuant to G.L. c. 231, § 6C and costs of suit;

3. issue a writ of attachment against the Subject Property to the value of $50,383.06;
and

4, award such further relief as the Court deems meet and just.

COUNT II
QUANTUM MERUIT

The Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1
through 11, inclusive, as if fully set forth herein.

The Plaintiff brings this action to recover the fair value of the unpaid services rendered to
Mary Cavanaugh, namely $50,383.06.

WHEREFORE, Plaintiff prays this Court to:
1. find for Plaintiff in the amount owed;
2. award Plaintiff statutory interest pursuant to G.L. c. 231, § 6C and costs of suit;

3. issue a writ of attachment against the Subject Property to the value of $50,383.06;
and

4. award such further relief as the Court deems meet and just.Dated: June $ $ , 2016

 

Respectfully Submitted,
PLAINTIFF,

By Its Attorney,

   

S P. CARPENTER,
BBO#:644880

Law Office of Thomas P. Carpenter
P.O. Box 554

Mashpee, MA 02649
(508) 419-7397
tom@tcarpenterlaw.com