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COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS SUPERIOR COURT DEPARTMENT
DOCKET NO.:
21 510
AMY CAPRIGNO
PLAINTIFF
Vv.
xxxxxxx R. xxxxxxxx
and
xxxxxxx A. xxxx, JR.
DEFENDANTS
AFFIDAVIT IN SUPPORT OF PLAINTIFF, AMY CAPRIGNO’S
MOTION FOR REAL ESTATE ATTACHMENT
OF PROPERTY STANDING IN HE NAME OF DEFENDANT.
xxxxxxx R. xxxxxxxx
In support of Plaintiffs Motion for Real Estate Attachment, Amy Caprigno (hereinafter
“Caprigno” hereby deposes and says as follows:
1 Defendants Mr. xxxxxxx R. xxxxxxxx (hereinafter “xxxxxxxx’”) of 125 Rugani Ave.
Marshfield, MA 02050 and Mr. xxxxxxx A. xxxx, Jr. (hereinafter “xxxx”) of 424 Hatherly
Road, Scituate MA 02066 are indebted to Plaintiff in the amount of One Hundred and Ten
Thousand ($110,000.00) Dollars in actual damages and monies that xxxxxxxx demanded from
Caprigno, excluding double or treble damages, attorney’s fees and costs, as evidenced in the
Complaint and corresponding Exhibits filed herewith and incorporated herein by this reference.
2. Caprigno’s claims arise from the failure of xxxxxxxx and xxxx to build an “in-law” unit
on the second floor of property owned by Caprigno in Quincy, Norfolk County, MA. Caprigno’s
claims against the Defendants include breach of contract, negligence, negligent and intentional
misrepresentation, fraud, unjust enrichment, breach of implied covenant of good faith and fair
dealing, negligent and intentional infliction of emotional distress and numerous and recurring
violations of M.G.L. c. 142A §§ 2, 17. Ms. Caprigno also maintains claims against Mr.
xxxxxxxx and Mr. xxxx for violations of M.G.L. ¢. 93A §§ 2, 9.
3 To the best of Caprigno’s knowledge, Defendants have no valid defense to the claim.
4 Demand for payment has been made by Caprigno.
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5 On May 20, 2021, Defendant xxxxxxxx provided Caprigno a post-dated check in the
amount of One Hundred and Ten Thousand ($110,000.00) Dollars dated for May 26, 2021.
6. Defendant xxxxxxxx was referred to Caprigno by a mutual friend.
7. On or about May 23, 2021, Defendant xxxxxxxx called the parties’ mutual friend and
asked him to borrow One Hundred and Ten Thousand ($110,000) Dollars so that he could
reimburse Caprigno. The mutual friend being aware of the situation refused to do so.
8 On May 26, 2021, Caprigno deposited the check into her Citizens’ bank account and
on May 28, 2021, the check bounced as there were insufficient funds in Defendant
xxxxxxxx’s Eastern Bank account. Attached hereto and incorporated herein by this
reference as Exhibit “E” “Citizen’s Bank statement indicating “check returned, submitted
herewith together with the Complaint.”
9. Caprigno is informed that other homeowners, for whom xxxxxxxx has been hired, intend to
bring actions against xxxxxxxx for the same or similar types of claims.
10. Caprigno learned that one of her payment’s to Defendant xxxxxxxx for Twelve Thousand
Four Hundred and Eleven and 19/100 ($12,411.19) Dollars for payment for lumber was provided
to National Lumber, but incredulously, xxxxxxxx used the funds to pay for lumber provided to
another job site of Defendant xxxxxxxx’s located at 58 Gerald Road, Milton, MA, which property
is owned by Shaun and Laura Phelps. See Exhibit “D” “Preauthorized Debit from National
Lumber.”
11. It is expected when Mr. and Mrs. Phelps become aware of the present action, they too will
initiate suit against xxxxxxxx.
12. On information and belief the only asset of Defendant xxxxxxxx known to Caprigno is 125
Rugani Ave., Marshfield, Plymouth County, MA 02050 recorded in the names of xxxxxxx R.
xxxxxxxx and Janene M. xxxxxxxx, as tenants by the entirety at the Plymouth County Registry of
Deeds, Book 472257, Page 2118.
13. Plaintiff knows of no insurance owned by Defendants which would provide coverage for the
claim as set forth in Plaintiff's complaint.
14. If the said real estate should be sold or conveyed, it is unlikely that Plaintiff would be able to
satisfy any judgment that she may recover against Defendant.
15. Upon information and belief, xxxxxxxx’s HIC license may be suspended and/or revoked as a
result of his acts and omissions thereby rendering his real estate the only source of potential
payment to Caprigno.
16. Upon information and belief, xxxxxxxx may be the subject of criminal prosecution as a result
of his acts and omissions.
we
WHEREFORE, Plaintiff seeks this approval for a real estate attachment and files this
affidavit in support thereof, the information set forth therein being true to the best of Plaintiff's
knowledge, information and belief.
Subscribed and sworn to under the penalties of perjury this 31" day of May, 2021
Ang, Coprigns (Ly
AmyCaprigno
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aN ke COMMONWEALTH OF MASSACHUSETTS NORFOLK, SS SUPERIOR COURT DEPARTMENT DOCKET NO.: 21 510 AMY CAPRIGNO PLAINTIFF Vv. xxxxxxx R. xxxxxxxx and xxxxxxx A. xxxx, JR. DEFENDANTS AFFIDAVIT IN SUPPORT OF PLAINTIFF, AMY CAPRIGNO’S MOTION FOR REAL ESTATE ATTACHMENT OF PROPERTY STANDING IN HE NAME OF DEFENDANT. xxxxxxx R. xxxxxxxx In support of Plaintiffs Motion for Real Estate Attachment, Amy Caprigno (hereinafter “Caprigno” hereby deposes and says as follows: 1 Defendants Mr. xxxxxxx R. xxxxxxxx (hereinafter “xxxxxxxx’”) of 125 Rugani Ave. Marshfield, MA 02050 and Mr. xxxxxxx A. xxxx, Jr. (hereinafter “xxxx”) of 424 Hatherly Road, Scituate MA 02066 are indebted to Plaintiff in the amount of One Hundred and Ten Thousand ($110,000.00) Dollars in actual damages and monies that xxxxxxxx demanded from Caprigno, excluding double or treble damages, attorney’s fees and costs, as evidenced in the Complaint and corresponding Exhibits filed herewith and incorporated herein by this reference. 2. Caprigno’s claims arise from the failure of xxxxxxxx and xxxx to build an “in-law” unit on the second floor of property owned by Caprigno in Quincy, Norfolk County, MA. Caprigno’s claims against the Defendants include breach of contract, negligence, negligent and intentional misrepresentation, fraud, unjust enrichment, breach of implied covenant of good faith and fair dealing, negligent and intentional infliction of emotional distress and numerous and recurring violations of M.G.L. c. 142A §§ 2, 17. Ms. Caprigno also maintains claims against Mr. xxxxxxxx and Mr. xxxx for violations of M.G.L. ¢. 93A §§ 2, 9. 3 To the best of Caprigno’s knowledge, Defendants have no valid defense to the claim. 4 Demand for payment has been made by Caprigno. yok V3 03a or ry Ww93 ab Ww ni gh aN xn Q “4 \\ ~ 5 On May 20, 2021, Defendant xxxxxxxx provided Caprigno a post-dated check in the amount of One Hundred and Ten Thousand ($110,000.00) Dollars dated for May 26, 2021. 6. Defendant xxxxxxxx was referred to Caprigno by a mutual friend. 7. On or about May 23, 2021, Defendant xxxxxxxx called the parties’ mutual friend and asked him to borrow One Hundred and Ten Thousand ($110,000) Dollars so that he could reimburse Caprigno. The mutual friend being aware of the situation refused to do so. 8 On May 26, 2021, Caprigno deposited the check into her Citizens’ bank account and on May 28, 2021, the check bounced as there were insufficient funds in Defendant xxxxxxxx’s Eastern Bank account. Attached hereto and incorporated herein by this reference as Exhibit “E” “Citizen’s Bank statement indicating “check returned, submitted herewith together with the Complaint.” 9. Caprigno is informed that other homeowners, for whom xxxxxxxx has been hired, intend to bring actions against xxxxxxxx for the same or similar types of claims. 10. Caprigno learned that one of her payment’s to Defendant xxxxxxxx for Twelve Thousand Four Hundred and Eleven and 19/100 ($12,411.19) Dollars for payment for lumber was provided to National Lumber, but incredulously, xxxxxxxx used the funds to pay for lumber provided to another job site of Defendant xxxxxxxx’s located at 58 Gerald Road, Milton, MA, which property is owned by Shaun and Laura Phelps. See Exhibit “D” “Preauthorized Debit from National Lumber.” 11. It is expected when Mr. and Mrs. Phelps become aware of the present action, they too will initiate suit against xxxxxxxx. 12. On information and belief the only asset of Defendant xxxxxxxx known to Caprigno is 125 Rugani Ave., Marshfield, Plymouth County, MA 02050 recorded in the names of xxxxxxx R. xxxxxxxx and Janene M. xxxxxxxx, as tenants by the entirety at the Plymouth County Registry of Deeds, Book 472257, Page 2118. 13. Plaintiff knows of no insurance owned by Defendants which would provide coverage for the claim as set forth in Plaintiff's complaint. 14. If the said real estate should be sold or conveyed, it is unlikely that Plaintiff would be able to satisfy any judgment that she may recover against Defendant. 15. Upon information and belief, xxxxxxxx’s HIC license may be suspended and/or revoked as a result of his acts and omissions thereby rendering his real estate the only source of potential payment to Caprigno. 16. Upon information and belief, xxxxxxxx may be the subject of criminal prosecution as a result of his acts and omissions. we WHEREFORE, Plaintiff seeks this approval for a real estate attachment and files this affidavit in support thereof, the information set forth therein being true to the best of Plaintiff's knowledge, information and belief. Subscribed and sworn to under the penalties of perjury this 31" day of May, 2021 Ang, Coprigns (Ly AmyCaprigno