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101 Complaint Info 2009-2010 101 Old Ferry Road Time Line October 13,2009-Complaint came in October 27, 2009- Inspection completed. Margaret did not want a comprehensive inspection because she was fearful Landlord would come home. November 3, 2009-Order mailed out. November(around the 18`")—Health Department received a letter requesting a hearing.This letter cited errors in the November 3,order. December 1,2009-correction order mailed and notice of hearing date. December 17,2009-Board meeting- Board agrees to give one month extension and allow Michael to not provide Screen door until April 1,2010 because of code. December 22, 2009- Final Order of the Board of Health sent out. January 14, 2010-Letter Received from Mr. Lavigne stating there was a restraining order which prevents him from communicating with the tenants. January 21, 2010- Board moved to extend order until the issue mentioned in the January 14, 2010 letter from Mr. Lavigne was resolved. January 22, 2010-A letter was sent to Mr. Lavigne notifying him of the board's decision. January(letter dated 20th, received after the 22ed)- Letter from tenants attorney requesting a comprehensive inspection as well as providing court documents to the contrary of the letter Mr. Lavigne had sent. February 3, 2010-Letter mailed to Mr. Lavigne regarding the Health Department moving forward with the original order as well as notification of another inspection. February 11, 2010-Letter received from Mr. Lavigne stating hardship in completing work requested another hearing. February 17,2010-Comprehensive inspection completed February 19, 2010-Letter mailed to Mr. Lavigne addressing his request for another hearing as well as the order based on the February 17 inspection. March 29, 2010- Final inspection completed by Aimee and Ben, no corrections made. March 31, 2010 filed motion in Springfield court. April 5,2010- Probable Cause Hearing. Mr. Lavigne did not show up. April 7,2010- Received notification of arrangement date. June 1,2010—Aimee Petrosky, Ben Wood and Charlie Kaniecki did an inspection to check for compliance. At that time no corrections had been made. Updated June 2,2010 vim. s-Anvialf /'v p . ' rru r' i'440 G41 v7;i) L4 -R poio� ) vn 711545cin 111 rIr n • an vnop4s-ticr`c r)3'1 19 Vcvy vo ?dbl. lv,--.,sock ....' S=4tiS, 1 00 T7 r,vJ 4 Jat'Q -141,4L crop M'awet, A, S7,7% r r.1-)— A-1 \_,.W)_trA ‘.1 ynna v^-vyennP1 ,m)OJ r 'J p t'C! z Qd -A '+a9}t',7 -1`: ') 17 J tV Vid%TS9)15 ti Moue 4 droysv° u'b w le'gj -"VS YyQ urD.l c ,2/ t,i ��,ic' ruyd a19`''QQ Jr 0 W dv6 >- aP 1u ,1 � S `t "'al ' s + ye .71,7. RENTAL AGREEMENT 101 Old Ferry Road,Northampton, MA This agreement,executed this a7 day of o-c� 2006, between the Landlord, Michael Lavigne, and the Tenants, Joe and Margaret Dupelle, shall supercede any previous agreements and shall remain in force until superseded by an appropriate subsequent agreement or terminated by appropriate written notice as specified below. 1.) The Tenancy shall be"Tenant at Will",requiring 30 days written notice by either party to terminate. Notice to be delivered in hand or to the appropriate address shown below. 2.) The Tenancy shall commence on the first day of December 2001 and continue month to month until terminated. This revised Agreement shall take effect on November 1,2006. 3.) The rent shall be$85000 per month, due on or before the first of every month. 4.) Landlord will provide water supply and wastewater treatment, All other expenses and utilities to be paid by the Tenants, including, but not limited too, electric power, telephone,rubbish removal,and snow removal. 4.) Tenants acknowledge that Landlord will also be Co-Tenant with access to the house for residence,business and/or storage of personal items. 6.) Tenants acknowledge that Landlord has insurance for house only. Tenants to provide tenant insurance if desired. 7.) Any provisions not specifically addressed herein shall be addressed in accordance with existing Landlord/Tenant regulations and appended herein as appropriate. Mic gne—Landlord Dated Joe & : garet Dupelle— nants 477 ' "ver Road, Deerfield,MA 101 Old Ferry Rd.,Northampton,MA Supercedes Agreement Dated July 2006 MINUTES OF MEETING 12/17/2009 IN ATTENDANCE: Board members:Jay Fleitman, Suzanne Smith, Donna Salloom Staff: Ben Wood, Aimee Petrosky, Linda Heon Guest: Charlie Kaniecki, District Health Officer, MA Department of Public Health MEETING HELD IN CITY HALL HEARING ROOM 5:30-7:30 A regular meeting of the Board of Health was called to order by Jay Fleitman, Chair, at 5:30 p.m. Reviewed Minutes from last meeting November 19, 2009. Suzanne moved to accept minutes as public document and Donna seconds move. Old Business 1. Kensington Estates Shared septic system - preliminary site plan has not changed. BOH moved to approve the plan on a preliminary basis contingent on 5 elements in letter from Peter McErlain recommending shared septic system. Mr McErlain is acting as agent of the court. 2. Body Art Regulation Changes: Public hearing will be held 1/21/2010 at 7p.m. regarding changes to the regulations. New Business Septic Variation Requests 1. Routine upgrade at 216 Lovefield St. —Suzanne Smith moved to approve upgrade,Jay Fleitman seconds. 2. Routine upgrade at 23 Bottums Road — Suzanne Smith moved to approve and Jay Fleitman seconds. Housing Violation Hearings 1. 182 Mt.Tom Road, Northampton. Present was attorney Harold Brunault and the owners. Violations issued include low ceilings and electrical outlets not working(for full list see complaint record). Variance was requested for ceiling height violation due to financial hardship and long history of renters occupying the space with no complaint.Jay Fleitman moved to grant variance and Suzanne Smith seconded. 2. 101 Old Ferry Road, Northampton. Opened hearing—owner absent—closed hearing. Owner arrived and hearing was re- opened. Violations issued by the inspector included: peeling paint on ceilings, no railings at front entrance, no screens on front door, hole in wall where air conditioner used to be (for full list see complaint record). Owner requested variances on all violations due to renters not paying rent and possibility of bank foreclosure on property. Donna makes motion to modify the order and extend time frame to 30 days from today—January 15, 2010. Suzanne seconds the motion. 3. 129 Pleasant Street, Northampton Present was Attorney Peter Ervine and owner Bill McLoughlin. Violations issued by the inspector included sanitary condition of the kitchen area,size of windows in kitchen area and number of showers available to residents(for full list see complaint record).Attorney Ervine wants it in the record that the owner received notice about this hearing only two days prior. The owner requests clarification on the violations and possible variances.The District Health Officer, Charlie Kaniecki suggested suspending the violation order and that he will conduct a comprehensive inspection with Board of Health staff to clarify the alleged violations. Motion by Donna Salloom to have comprehensive inspection done by Charlie Kaniecki and Board of Health staff. Motion accepted. Hiring of Part-Time Inspector The Board authorized Ben Wood to offer the position to Javeria Mir. Update on Joint Committee meeting Mayor starting to form task force. The Board of Health will have a representative on the Taskforce. Next meeting will be January 21, 2010 Respectfully, Linda Henn, Clerk BOARD OF HEALTH CITY HALL ; COMPLAINT RECORD Date: j01111 Name o Complainant: I /PL Map: Parcel: IMIMME /d, r rn Address / di�IX /iii n � ,,/� �% // 7 agAY/ / '" On LdxLl NATURE ! COMPLAINT:' C /A- Zt Z-died /210. 441 Location: CO L a U'/1J K a Owner: C s p !r. ..E. _I Address: i___ I )01 6IP eF Taken by: Date of Inspection: Time: - wl il' INSPECTOR'S REPORT: J Dip:2 PM101014 taIen Check Sn tl YES . Vyy rasa Action Taken: Inspector Signature • BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.D.,ACTING CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM XANTHI SCRIMGEOUR,MHEd,CHES, DIRECTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER V OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 101 FERRY ROAD, NORTHAMPTON MA This is an important legal document. It may effect your rights You may obtain a translation of this form at: 212EIm St, Northampton Ma. Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 212 Elm St, Northampton Ma Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: 212 Elm St, Northampton Ma Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212 Elm St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos Ud Puede adquirir una tradccion de esta forma en: 212 Elm St, Northampton Ma To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Elm St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel#: (413) 587- 1214 November 3, 2009 Michael Lavine 101 Old Ferry Road Northampton Ma, 01060 Re: 101 Ferry Road In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. An Inspection was conducted at 247 South Street Northampton Ma, a property owned/ managed by you, by Aimee Petrosky on October 27, 2009. The Following Violations were noted: Code Number Violation Date of Correction Comments 410.500 ' Holes in walls covered by plywood. 11/20/2009 410.503 No railings for front entrance. 11/20/2009 410.552 No screens for front door. 11/20/2009 410.500 Peeling paint on ceiling 11/20/2009 please sand and repaint. 410.480 Door from office is not securable. 11/20/2009 Secure the entrance from your office to tenants home with device from within residence. The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. A re-inspection will take place on or around September 30. 2009. If you would like to be present please contact the Health Department to schedule a time. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be fined not less than $10 or more than$500. Each day's failure to comply shall constitute separate violations. Please be advised that if you are aggrieved with this order you have the right to request a hearing. You must submit a written petition requesting a hearing within seven (7)days from the day the order was served This inspection report is signed and certified under the pains and penalties of perjury Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.D.,ACTING CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM BENJAMIN WOOD MPH DIRECTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 December 1, 2009 Michael Lavigne 101 Old Ferry Road Northampton Ma 01060 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01080 Dear Mr. Lavigne, I am in receipt of your letter requesting a hearing for the Violations listed in a November 3, 2009 Order to Correct. Your hearing is scheduled for Thursday December 17, 2009 between 5:30- 7:30 in the City Hall hearing room. I am also aware that there were errors in the original order to correct. Please find the corrected order attached. Even though there were errors with the address and dates the violations that were noted still stand. If you have any further questions feel free to call the office at 413 587 1214. Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 December 1, 2009 Michael Lavigne 101 Old Ferry Road Northampton Ma, 01060 Re: 101 Old Ferry Road In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. An Inspection was conducted at 247 South Street Northampton Ma, a property owned/managed by you, by Aimee Petrosky on October 27, 2009. The Following Violations were noted: Code Number Violation Date of Correction Comments 410.500 Holes in walls cov red b plywood. 1/2/2010 410.503 No railings forfront entrance. 1/2/2010 410.552 No screens for fronnt/door. 1/2/2010 n , t 0 410.500 Peeling paint on ceiling 7 1/2/2010 please sand and repaint. The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. If the board votes that the violations stand a re-inspection will take place on or around January 2, 2010. If you would like to be present please contact the Health Department to schedule a time. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be fined not less than $10 or more than $500. Each day's failure to comply shall constitute separate violations. Please be advised that if you are aggrieved with this order you have the right to request a hearing.You must submit a written petition requesting a hearing within seven (7)days from the day the order was served Sincerely, This inspection report is signed al certified under the pains and penalties of perjury Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.O.,ACTING CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM STAFF Benjamin Wood,MPH Director at Public Health Patricia Abbott,R.N.,Public Health Nurse Aimee Petrosky,Health Inspector Linda Heon,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH FINAL ORDER OF THE BOARD OF HEALTH Subject Property:101 Old Ferry Rd., Northampton, MA 01060 TO: Michael Lavigne 477 River Rd. Deerfield, MA 01342 212 MAIN STREET NORTHAMPTON,MA 01060 On December 17, 2009, a hearing was held before the Northampton Board of Health concerning: Subject Property: 101 Old Ferry Road, Northampton, MA 01060 Members of the Board present were: Jay Fleitman, Chair Suzanne Smith, Member Donna Salloom, Member Ben Wood, Northampton Health Department Director Amie Petrosky, Health Inspector Charles J. Kaniecki, District Health Officer The following persons appeared and presented testimony and evidence: Health Agent overview of order: Date of Order. December 1s` 2009 Address: 101 Old Ferry Road Name of Owner(s): Michael Lavigne Conditions observed: Four violations of 105 CMR 410.000 were found: 1. Space in wall where air conditioner was removed not adequately covered. 2. No railings for front entrance steps. 3. No Screens for Front Door. 4. Peeling paing on the ceiling. Owner's Statements: Michael Lavigne appealled to the Board of Health for a variance on all violations noted. Mr. Lavigne expressed the extreme hardship of complying with the orders. Mr Lavigne explainied that the tenants have withheld rental payments and that due to that his bank has begun foreclosure proceedings. Mr.Lavigne appealled to the Board that any further investment in the property is a hardship. Occupant's statements: None Based upon the testimony and evidence presented to the Board, including written testimony and documents submitted prior to the hearing, the Board finds: That a variance, in accordance with 105 CMR 410.840, will not be allowed on any of the violations noted. The Board does however grant an extension on the time period to comply with the order. The Board will not enforce the violation of no screen door" until April 1st, 2010 per 105 CMR 410.553. Based upon the findings set forth above, the Board hereby MODIFIES the following: Violation Orders issued December 1st 2009. The Owner(s) shall: Comply with the following violations by January 15th, 2010: 1. Space in wall where air conditioner was removed not adequately covered. 2. No railings for front entrance steps. 3. Peeling paing on the ceiling. Comply with the following violations by April 1s`2010: 1. No Screens for Front Door. FAILURE to comply with the provisions of this order shall result in assessment of a fine in the amount of$10.00 to $500.00 for each day of non-compliance. You are advised: 105CMR 410.840: Variances (A) Except for those conditions enumerated under 105 CMR 410.750(A) through (0), the board of health may vary the application of any provision of 105 CMR 410.000 with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustice; provided that the decision of the board of health shall not conflict with the spirit of these minimum standards or any other applicable statute, code or regulation, and provided further, such variances may be granted only after notice is given to all affected occupants and after a hearing is held. Any variance granted by the board of health shall be in writing and shall not be in effect unless it is filed by the owner in the registry of deeds for the county or appropriate district thereof, in which the dwelling is located. A copy of any such variance shall, while it is in effect, be available to the public at all reasonable hours in the office of the clerk of the city or town, or in the office of the board of health. (B) Any variance of other modification authorized to be made by 105 CMR 410.000 may be subject to such qualification, revocation, suspension or expiration as the board of health expresses in its grant. A variance or other modification authorized to be made by 105 CMR 410.000 may otherwise be revoked, modified, or suspended in whole or in part, only after the owners and affected occupants have been notified in writing and have been given an opportunity to be heard, in conformity with the requirements for an order and hearing of 105 CMR 410.830 through 410.855. (C) A variance from 105 CMR 410.480 may be granted only by the Massachusetts State Building Code Commissioner when in its opinion, other security measures are in force which adequately protect the resident(s) of such dwelling. (M.G.L. c. 143, § 3R.) (locks) (D) A variance from 105 CMR 410.150(A)(2) which prohibits a kitchen sink to substitute for the required washbasin may be granted by the board of health only if compliance would require extensive costly renovation. (E) A variance from 105 CMR 410.503(6), (C) and (D) may be granted by the board of health for historic buildings provided that the board of health finds that the public health will not be compromised. You are advised: 105 CMR 410.831 (F) IF ONE YEAR AFTER THE ISSUANCE OF AN ORDER TO SECURE COMPLIANCE WITH THE MINIMUM STANDARDS SET FORTH IN 105 CMR 410.000 HAS NOT BEEN EFFECTED, THEN THE BOARD OF HEALTH MAY CAUSE THE DWELLING OR PORTION THEREOF TO BE DEMOLISHED OR REMOVED AT YOUR EXPENSE. Any person aggrieved by this Final Decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the Commonwealth. SO ORDERED ON THIS 17 DAY OF DECEMBER, 2009 Signed and Certified Under the Pains and Penalties of Perjury BY Benjamin Wood, Agent of the Board of Health cc. Joe and Margaret Dupelle M.D.P.H Charles Kaniecki, District Health Officer 23 Service Ctr Rd. Northampton, MA. 01060 Heisler, Feldman, McCormick & Garrow, P.C. Attorneys at Law Hugh D.Heisler Joel H.Feldman Thomas J.McCormick Suzanne Garrow January 20, 2010 VIA FIRST CLASS MAIL Aimee Petrosky, Health Inspector 212 Main Street Northampton,MA 01060 Re: 101 Old Ferry Road, Northampton, MA Lavigne v. Dupelle, 09-SP-2732 Dear Ms. Pctrosky: Enclosed please find an Order issued by the First Justice of the Western Division Housing Court, acknowledging the landlordltenant relationship between Michael Lavigne, the landlord, and Margaret and Joseph Dupelle,the tenants. As their landlord, Mr. Lavigne is responsible for providing and paying for the electricity and gas used in each dwelling unit unless each dwelling unit has a separate meter and a rental agreement provides for payment by the occupant. As a result, if you would further inspect the property for Sanitary Code compliance we would appreciate it. Enc. Cc: Margaret and Joseph Dupelle CciLd 014-01 LdCsr MSG - V- truly yours, Raquel anzanares: \ Paralegal .GU spec 51-16 t2 G fl 1 145 Main Street,Suite 508,Springfield,MA 01103 • Phone (413)788-7988 • Fax (413)788-7996 COMMONWEALTH OF MASSACHUSETTS Hampshire, ss: No.:09SP2732 Michael Lavigne, Plaintiff v.' Margaret and Joseph Dupelle, Defendant Western Division Housing Court Department ORDER After hearing on January 19, 2010, for which the parties were present through counsel, the following order is to enter: 1. The defendants (tenants) shall provide the plaintiff(landlord) with a key to the subject premises, and the landlord is authorized to make a duplicate key t his own expense. 2. The tenants shall provide reasonable access to the subject premises to the landlord and/or a realtor upon 24 hours written notice to the tenants. _. There shall be no contact among the parties. except as necessary to fulfill their responsibilities as landlord and tenant, or in the event of a bonafide emergency. So entered this oWk ay of January. 2010. Dina E.Fein First Justice COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT HAMPDEN, ss. HOUSING COURT DEPARTMENT WESTERN DIVISION DOCKET NO. 09-SP- 27 3t- V �,, ��7 �iq ` i ' vmac 9T \o-�y(,i fit* � (-2 v. c • MARGARET DUPELLE et al. : a\\a�o ` r`°6Co-\ 9C- -CL ,`r •�,(M� Defendant. : Ds ° �y\ -P S 0.'� 1A • L-3 3 9,3 MICHAEL LAVIGNE, Plaintiff, MOTION FOR A TEMPORARY RESTRAINING ORDER The defendant seeks temporary injunctive relief for the claim that her landlord, Michael Lavigne, has violated and continues to violate her right to the quiet enjoyment of her apartment and premises at 101 Old Ferry Street,Northampton. As reasons therefore, she states as follows: Mr. Lavigne has been coming by her apartment and calling with increasing frequency since I retained an attorney and have defended myself, asserting defenses and counterclaims, in this matter. The tenor of his visits and messages has become increasingly threatening and hostile toward Ms. Dupelle and her husband. On Friday January 8, 2010, Mr. Lavigne called their home and repeatedly left aggressive sounding and threatening sounding messages. He called six times in about a 30 minute period. His only apparent reason for these calls was to leave the aggressive sounding and threatening messages. 1 HODS 9ESTE yi.._. -1 : . LAW OFFICE OF LAWRENCE J. FARBER 30 Boltwood Walk - Front 101 Amherst, Massachusetts 01002-218- (413) 256-8429 Fax: (413) 256-8326 January 12, 2010 Michael Lavigne 477 River Road Deerfield, MA 01342 Re: Lavigne v. Dupelle Housing Court Docket No.: 09 SP 2732 Dear Mr. Lavigne, 1 have tried to reach you via telephone. If you have not gotten my messages, then please contact our office asap. Attorney Garrow filed an emergency motion on Monday, January 11, which was allowed by the Court. You will see that the Judge ordered that you"not to have any communication or contact with the defendants except in the event of a bona fide emergency. All non-emergency communication shall be through counsel." There is a further hearing on this on Tuesday, January 19 at 9:00 a.m. in Springfield Housing Court (37 Elm Street, Springfield). Although I have not received it yet,Attomey Garrow has indicated to me that she is also fling a motion for a real estate attachment which will be heard on January 19 at the same time. Please contact me to let me know that you received this and that you will be in Court on Tuesday. encl. Sincerely, Beth James, paralegal Juo(� e / � �.� C in °� ( l G� a �i�l u� � " -c i–ev7 e4J ces2%lcl coo ti o c*/-k-- k—cou< e r ne_ a» ,Lik .`Z-I L"cZ cx_r a//o%J cod( C�a( o ` �z� ; e Or—cGc� eM&r cdtEe (A- kt) . r /airC ADVZ- eCa;Vei SIC COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. MICHAEL LAVIGNE, Plaintiff V. JOSEPH DUPELLE and MARGARET DUPELLE, Defendant HOUSING COURT DEPARTMENT WESTERN DIVISION DOCKET NO 09SP3770 PRETRIAL REPORT 1. The parties participated in a case management conference on November 2, 2009. 2. All written requests for discovery are to be filed and served by November 23, 2009. All responses are to be filed and served by December 14, 2009. 3 A mediation session, with the Housing Specialist Department, is scheduled for December 21, 2009 at 11:00 AM in the Northampton session of the Western Housing Court. A Joint Pretrial Memorandum is to be filed with the court no later than February 25, 2010. The joint pretrial memorandum shall contain the following information: a. Agreed upon issues of fact in a form suitable for the record. b. Contested issues of fact and the positions of the parties on those issues. c. Agreed upon issues of law. d. Contested issues of law and the positions of the parties on those issues. e. The name and address of each witness to be called by each party. f. Exhibits that the parties have stipulated may be introduced at Mal (Those exhibits are to be marked with consecutive letters) g. Exhibits upon the admissibility of which the parties can not agree and the reasons therefore(Those exhibits are to marked for identification with consecutive numbers). h. Name, address, and qualifications of each expert witness the parties intend to call, together with the subject matter on which the expert is expected to testify, the substance of all facts and opinions to which the expert is expected to testify and a detailed summary of the grounds for each expert's opinion. i. Any request for the services of an interpreter at trial. As an attachment, for each party represented by counsel, a copy of a completed Unifomt Counsel Certification for Civil Cases in compliance with Rule 5 of the Supreme Judicial Court Uniform Rules on Dispute Resolutions(SJC Rule 1'18) PLEASE NOlE: THE PRETRIAL MEMORANDUM IS NOT A SUBSTITUTE FOR OR AN ALTERNATIVE TO DISCOVERY. ALL PARTIES ARE BOUND BY DISCOVERY RULES AND DEADLINES. DEFECTS OR OMISSIONS FROM DISCOVERY MAY NOT BE CURED BY INCLUDING INFORMATION IN THE PRETRIAL MEMORANDUM. If the joint pretrial memorandum is not filed by the date specified in paragraph 2, above, the case may be removed from the trial list by either the Clerk-Magistrate or Assistant Clerk Magistrate. In addition, if any party and/or attorney fails to participate in good faith and in a timely manner in preparing the memorandum, the court may dismiss the action with prejudice, may accept the memorandum from the other party as establishing the facts and/or law of the case, or may impose sanctions upon that party and/or its attorney as provided for failure to obey discovery orders pursuant to Mass. R. Civ. P. 37(b), 11. A 1 day trail is scheduled for March 1, 2010 at 10:00 AM with Judge Dina E. Fein in the Springfield Session of the Western Housing Court. `Le.) e 1/// — r z� ee� IF ANY PARTY ALLEGES THE OTHER PARTY HAS NOT COMPLIED WITH THE OUTLINED IN THIS PRETRIAL ORDER,THE PARTY WHO MAKES THE Stj Ll't ALLEGATION MUST FILE THE APPROPRIATE MOTIONS FOR COMPLIANCE OR SANCTIONS (INCLUDING, BUT NOT LIMITED TO,MOTIONS TO COMPEL DISCOVERY '74 FOR INSUFFICIENT ANSWERS)WITHIN SEVEN DAYS OF THE ALLEGED VIOLATIONS, OR THE OBJECTION SHALL BE WAIVED.All parties are bound by discovery rules and ffiatfrtt deadlines. Defects in or omissions from discovery may not be cured by including information in the pre-trial memorandum." So entered this I D day of /jOtiQfr, 2009. K ren-Ann Huntoon Assistant Clerk Magistrate /ate 7 yo-CA Car.S ,GLercdz-2� 9 A C 0 �ciSS' o � O.h d� ikhd-C1—�' `I o,/azlia i.��ce ; /77i e,/247 r t Chase Home Finance LLC 7255 Baymeadows Way Jacksonmlle,FL 32256 I keel [her 18.2009 111 11111111 el II , ,�,Ih�,LII„1 .arnica,-i,.Ia)!N m 1 un•, Monad I Lecigoe 477 River Rd Dedi hcid. M In 142-9750 Loeb Nu Pr .)pert 06.87816293 re : 101 O11 Ferry Rd Northammtton M9 01060 Dear MJc.Gael J Lavign You hava missed more than one monthly payment, and that 'mans you are h° ��e�� [ danger of damaging your credit and perhaps even loss g your home. 'PA1� Wimmeener assistance is available. If you're having difficulty making 5I's_c_t_ payments because of job loss, illness, death of a loved one, divorce or any other hardship, a Homeowner Assistance Program may be the 4 Wei k .tarted now. Complete the enclosed Borrower Assistance Form and rtari ie with all of the requested in lo rmation to Chase Home Finance LLC Nomaownership Preservation, Attn: Loan Mod, PO BOX 469030, Glendale, CO 80246 . If you need more into rmation, call us tol -free at 1--3 0-848-9380. We' re here for you Monday through Friday, from 5 �a .m. to 6 p.m. Pacific time. For faster service, have the loan number at the top this latter handy when you call. CHASE !i V"-- ire_ U^-e r. . ��-i 'tr nice we rece Lve all of your information, we will *review it to see what options are available for vou. We want to help vou. Send in the completed form and reauested materials today so we can. If you have questions call us at 1-800-848-9380. Michael J. Lavigne 101 Old Ferry Road Northampton, MA 01060 1-413-539-1179 January 14, 2010 City of Northampton Board of Health 212 Main Street Northampton, MA 01060 Attention: Aimee Petrosky—Health Inspector Re: Improvements Requested by the Board for Property at 101 Old Ferry Road Dear Board: I am very disappointed to report that things have gotten considerably worse regarding the relationship between my boarders and myself at my home at 101 Old Ferry Road. Despite numerous attempts to communicate with the boarders regarding the whereabouts of the railings they removed and the need to get a key to access the front door,the boarders have refused to respond. Just this past Monday their attorney filed a restraining order which prohibits me from communicating with them at all except in the case of a "bona fide emergency". This makes the process of performing the improvements you requested nearly impossible. A hearing isn't scheduled until late March, likely too late. The bank is of course also going to foreclose on the property(the rent hasn't been paid since last April),and although the process is slow due to the huge number of foreclosures going on,the end result is inevitable at this point. I am going to lose my home, and soon. I apologize for not completing what I had originally agreed seemed to be reasonable. I am unfortunately dealing with unreasonable people who are determined to use the legal system to take as much advantage as they possibly can,and they have a lawyer coaching. Your compassion and consideration are greatly appreciated. Sincerely Yours, Mic el JJI'avigne Financially Battered Homeowner NORTHAMPTON BOARD OF HEALTH MINUTES January 21. 2010 REGULAR MEETING HELD IN CITY HALL HEARING ROOM 5:30—7:30 IN ATTENDANCE: Board members: Suzanne Smith, Donna Salloom Staff: Ben Wood, Aimee Petrosky, Linda Heon Guest: Dennis Lacourse,Tobacco Compliance Officer A regular meeting of the Board of Health was called to order by Suzanne Smith at 5:30 p.m. Reviewed minutes from last meeting December 17, 2009. Suzanne moved to accept minutes as public document and Donna seconds move. PUBLIC COMENT: No one present at this time. OLD BUSINESS: • Michael Lavigne sent letter to Board of Health stating his inability to make repairs at 101 Old Ferry Road due to a court enforced restraining order. Suzanne Smith moved to suspend his order to correct until all information is received, e.g. restraining order and pending court date. Donna seconds the move. Motion passed. • The Mayor asked Donna Salloom to sit on task force and she accepted. • Suzanne Smith reports she received a formal complaint from the Ethics Commission concerning the appointment of Xanthi Scrimgeour as health director. Suzanne Smith requests the city solicitor on appropriate action to take. • Suzanne Smith requested updates to the Hookah Bar lawsuit at the February meeting. NEW BUSINESS: 1. TOBACCO HEARING: Suzaane Smith opened the hearing: • Dennis Lacourse presented on a youth tobacco sales enforcement at Zee Mart on 12/30/09 at 1:30p.m. At that time a sale of cigarettes was made to a youth. This is a 2n° sale and subject to 7 day suspension and a $200 fine. • Syed Igbal, owner was out of country when the sale occurred and takes full responsibility. Motion to close public comment by Suzanne and Donna seconded. • The suspension will be in effect from 2/20/10-2/27/10. 2. TATOOING & PIERCING: Donna moves that there be a moratorium on the issuing of new Body Art permits until the new regulations have been enacted. Suzanne Smith seconds, motion passed. Donna makes motion to close Board of Health meeting and Suzanne seconds the motion. Next meeting will be February 18, 2010 Meeting adjourned at 6:30 Respectfully submitted by, Linda G. Heon BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.D.,CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM BENJAMIN WOOD MPH DIRECTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 January 22, 2010 dichael Lavigne 101 Old Ferry Road Northampton, Ma 01060 CITY OF NORTHAMPTON 2E: Improvements of 101 Old Ferry Road MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01080 Dear Mr. Lavigne, The board has received your letter in regards to your inability to make the repairs at 101 Old Ferry Road. At the Board meeting on January 21,2010 the Board voted that upon receipt of satisfactory evidence of both the restraining order as well as the pending court date we will suspend your order to correct until those matters are resolved. Please provide the Health Department with the paperwork requested within five days of your receipt of this letter. Thanks Aimee Petrosky Health Inspector 212 Main St Northampton Ma,01060 413-587-1214 BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.D.,CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM BENJAMIN WOOD MPH DIRECTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 February 3, 2010 Michael Lavigne 477 River Road Deerfield Ma 01342 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 Dear Mr. Lavigne, This letter is to confirm that the Health Department has received your letter including a copy of the motion of a temporary restraining order, a letter from your attorney, and a Pre-Trail report. After receiving your letter we also received a more recent one from your tenant's attorney. This letter included an order from Judge Fein dated January 27, 2010. There is nothing in her order stating that you are not allowed to enter the residence. The Northampton Board of Health will be moving forward with its original order, with the exception of the screen door which will not be needed until April. Please be advised that a re-inspection will take place on or around February 17th, 2010 to check for compliance of the original order. There has also been a follow up inspection requested by the tenant which will be done as well. The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. A re-inspection will take place on or around March 1, 2010. If you would like to be present at this re-inspections please call to set up a time. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000- shall upon conviction be fined not less than $10 or more than $500. Each days failure to comply shall constitute separate violations. Please be advised that if you are aggrieved with this order you have the right to request a hearing. You must submit a written petition requesting a hearing within seven (7) days from the day the order was served Michael J. Lavigne 101 Old Ferry Road Northampton, MA 01060 1-413-539-1179 February 11,2010 City of Northampton Board of Health 212 Main Street Northampton, MA 01060 Attention: Aimee Petrosky—Health Inspector Re: Improvements Requested by the Board for Property at 101 Old Ferry Road Dear Board: I am in receipt of your letter dated February 3, 2010 demanding the improvements that were previously requested by the Board. I have just returned from a two week business trip out of the country and only became aware of your letter this Tuesday (two days ago). Attached please find a copy of a written request to my boarders to provide me with a key to the dwelling which they have thus far failed to do despite the court order for them to do so. Once I receive a key I will be able to examine the extent of the requested work and make plans to affect the necessary upgrades to the property. This of course will not be accomplished by February 17'",(next Wednesday)the date you indicated that a re-inspection is to be performed. The letter also indicates that a second re- inspection will take place on or about March 1, 2010, a techno-graphical error I presume. I will make a best effort to comply with the Board's request,but with uncooperative boarders and no financial resources with which to accomplish any upgrades, I am indeed aggrieved by the Board's order and request a follow-up hearing to express my current hardships with the property, if the Board feels that another meeting is necessary and/or appropriate. Your compassion and consideration are greatly appreciated. Sincerely Yours, vigne cially Battered Homeowner Michael J. Lavigne 101 Old Ferry Road Northampton,MA 01060 1-413-539-1179 February 11, 2010 Margaret and Joseph Dupelle 101 Old Ferry Road Northampton,MA 01060 Re: Request for Key to 101 Old Ferry Road,Northampton Dear Mrs. &Mr. Dupelle: As indicated in Item 1. on the attached Order from the Commonwealth of Massachusetts, Western Division Housing Court,you are required to provide me with a copy of the key to the front door of my home at 101 Old Ferry Road,something I have requested informally for several months. I hereby formally demand that you comply with the aforementioned Order and deposit a copy of the key in an envelope in the mailbox which I will return after making a copy. Upon receipt of the key I will make arrangements to schedule a visit inside the house to evaluate the upgrades requested by the Board of Health. Your consideration is appreciated. Sincerely Yours, Michael J. Lavigne BOARD OF HEALTH MEMBERS JAY FLEITMAN,M.D.,CHAIR SUZANNE SMITH,M.D. DONNA C.SALLOOM BENJAMIN WOOD MPH DIRECTOR OF PUBLIC HEALTH (413)587-1214 FAX(413)587-1221 February 17, 2010 Michael Lavigne 477 River Road Deerfield Ma 01342 Dear Mr. Lavigne, CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 Thank you for your letter. To clarify, there was an inspection today, February 17, 2010 at the request of the tenant and her attorney because at the time of the initial inspection she declined a comprehensive inspection. The results of that inspection are attached. The re- inspection for the original violations will be done on March 1, 2010. If you would like to be present at that inspection please feel free to call me to set up a time that is mutually agreeable to all parties. The letter you received dated December 17, 2009 was a final decision of the board. Any person aggrieved by the final decision of the board of health with respect to any order issued under the provisions of 105 CMR 410.000 may seek relief there from in any court of competent jurisdiction, as provided by the laws of this Commonwealth. Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 utk r1 February 17, 2010 Michael Lavigne 101 Old Ferry Road Northampton Ma,01060 Re: 101 Old Ferry Road In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter 11: Minimum Standards for Human Habitation. An Inspection was conducted at 101 Old Ferry Road, Northampton Ma, a property owned/managed by you, by Aimee Petrosky on February 17, 2010. The Following Violations were noted: ( Code Number Violation Date of Correction Comments 410.501 (B) 7 Gap around the left and bottom of the front door. March 22,2010 410.501 ` ^ _ Double pane window in living room missing one pane and lagged. March 22, 2010 410.500 /I /J(/ Mold like substance on ceiling by chimney. March 22, 2010 410.482 No CO2 detectors. March 22, 2010 • 410.504 Porous wooden floor in kitchen with cracks that is not secured down. March 22, 2010 410.253 y Insufficient lighting in basement. March 22,2010 410.354 o ')^� ' . 5 Shared rental agreement with no allowances made for shared utilities. March 22, 2010 410.500 First bedroom on right has mold like substance on wall March 22, 2010 410.500 Second bedroom on right crack on wall and ceiling. March 22,2010 picr %O,2610 SIB^ ° — 410.150(D) Tub has cracks and mold. March 22,2010 The Northampton Board of Health is acting under the authority of MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II: Minimum Standards for Human Habitation. You are hereby ordered to make a good faith effort to comply with the formal order issued to you above within the time frame listed. Failure to do so could result in legal action taken against you to pursue compliance with this order. Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall upon conviction be fined not less than$10 or more than$500 Each day's failure to comply shall constitute separate violations. Please be advised that if you are aggrieved with this order you have the right to request a hearing.You must submit a written petition requesting a hearing within seven(7)days from the day the order was served Sincerely, This inspection report is signed and certified under the pains and penalties of perjury Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 Aimee Petrosky Health Inspector 212 Main St Northampton Ma, 01060 413-587-1214 CC: Raquel Manzanares Margaret and Joseph Dupelle This inspection report is signed and certified under the pains and penalties of perjury Kevin R Byrne Clerk Magistrate Commonwealth of Massachusetts Housing Court Department Western Housing Court 37 Elm Street P.O. Box 559 Springfield,MA 01102-0559 (413)748-7838 Honorable Dina E Fein First Justice Re: City of Northampton, Board of Health Date: April 1, 2010 Vs: Michael Lavigne No: 1OH79PC0O0O51 Notice of Probable Cause Hearing A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if ther is sufficient evidence to require that you be charged with the offense alleged. A clerk's hearing to determine whether criminal proceedings will be commenced against you will be held at: Date: 04/05/2010 Time: 9:00 AM Courtroom: Northampton Clerk's Session Session/ Location: Courtroom 2 Northampton District Court 15 Gothic Street Northampton, MA 01060 At the hearing you may be present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. City of Northampton, Board of Health 212 Main Street Northampton, MA 01060 Kevin R Byme Clerk - Magistrate REQUEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code To any Justice or Clerk Magistrate of the Western Division Housing Court: ?„)nros,, Name of Inspector 1M nib }cf r.1 lins.J Street 1\1n -ww.nply /X Name of Health Department Nor'(-4% Mn e" r-3 City/Town ON OATH COMPLAINS THAT: M,& -1 L5 -Law.51-,A. Whose official address is: Mil e+vv abaa Dn rRnd M - mw _ Was and Is the Said Owner of Residential Premises Located At: iei o 4-Ni alb Wherein the following violations of the State Sanitary Code exist(Please also see atlxd,edrepwt): OR A1*tCNcrl Coen ■ £ c, CO g On wo a representative of the t' ,rtl,o-w.ebr, i1/4Ritk Department inspected the premises and determined that the above-noted code violations exist. On tc.4a,, c...1 i^ , ° , pursuant to the requirements of the State Sanitary Code, the above-noted property owner was served with a written order to remedy these violations. As of MtaU 7o , tot 0 and from day to day thereafter, the above-noted property owner has willfully, intentionally, recklessly, or repeatedly failed to comply with said order. As such, I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly find a copy of the Inspection repo attached to.thls Request. Com //Each 3/, Zo/d Inants Signature Date Kevin R Byrne Clerk Magistrate Commonwealth of Massachusetts Housing Court Department Western Housing Court 37 Elm Street P.O. Box 559 Springfield, MA 01102-0559 (413)748-7838 Re: City of Northamtpon, Board of Health Vs: Michael Lavigne No: 10H79CR000010 Notice of Arraignment The above case will be called for Arraignment: Date: 06/07/2010 Time: 9:00 AM Session: Location/Courtroom: City of Northamtpon, Board of Health 212 Main Street Northampton, MA 01060 Northampton Session HIND JO Ob'V08 NO1dINVH1bON APR ' " Hono able Dina E Fein First Justice Date: April 6, 2010 Courtroom 2 Northampton District Court 15 Gothic Street Northampton, MA 01060 4trat Cler Kevin R Byrne Clerk Magistrate Commonwealth of Massachusetts Housing Court Department Western Housing Court 37 Elm Street P.O. Box 559 Springfield, MA 01102-0559 (413)748-7838 Re: City of Northamtpon, Board of Health Vs: Michael Lavigne No: 10H79CR000010 TRACKING ORDER "CR" Honorable Dina E Fein First Justice Date: April 6, 2010 Please take notice pursuant to Standing Order 1- 04 that the above entitled matter is assigned to the CRIMINAL "CR" TRACK and that the following deadlines apply. Arraignment 30 days 05/06/2010 Discovery Completed 90 days 07/06/2010 Firm Trial Date Set 120 days 08/04/2010 Case Disposed 180 days 10/04/2010 The plaintiff is required to serve a copy of this tracking order on all defendants before the deadline for filing return of service. Kevin R Byrne Clerk - Magistrate Kevin R Byrne Clerk Magistrate Commonwealth of Massachusetts Housing Court Department Western Housing Court 37 Elm Street P.O. Box 559 Springfield,MA 01102-0559 (413)748-7838 Honorable Dina E Fein First ustice Re: Michael Lavigne No: 101179CR000010 CRIMINAL SUMMONS You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Western Housing Court which will hold a session for the transaction of criminal business all to answer to a complaint made on oath this day before this court, a copy of which accompanies this Summons. Date: 06/07/2010 Time: 9:00 AM Session: Northampton Session Location/Courtroom: Courtroom 2 Northampton District Court 15 Gothic Street Northampton,MA 01060 Please be advised that a Default Warrant will issue for your arrest if you fail to appear in Court at the time and place above mentioned. Witness, Honorable Dina E Fein, Justice, at Western Housing Court, Massachusetts, this Tuesday, April 6, 2010. Kevin R Byrne Clerk- Magistrate NOTIFICATION PARA LAS PERSONAS DE HABLA HISPANA:SI USTED NO PUEDE LEER INGLES,TENGA ESTE DUCE MENTO LEGAL TRADUCIDO CUANTO ANTES. NOTICE TO OFFICER SERVING SUMMONS To any Officer who is authorized to serve criminal process in the Commonwealth,and to the Court Officers of this Court,Greeting: We command you in the same name of the Commonwealth of Massachusetts,forthwith to serve this Summons and accompanying Complaint,in hand to the person listed herein at the address listed above,or by leaving an attested copy hereof at the Defendant's dwelling or usual place of abode with some person of suitable age and discretion then residing therein,in any case at least twenty-four hours prior to the retum hour specified in this Summons.MRCRP Rule 6(c)(3' Pt.ase make your retum of service pursuant to the reverse of this Summons. OFFICER'S RETURN 1, the undersigned officer, certify that I am authorized to serve criminal process in the :ommonwealth of Massachusetts, and , acting within this authority, and at the direction of this Court, have served this Summons and the accompanying Complaint by giving the same in hand to the )efendant named therein, namely: service being made at o'clock .m. on , 200 it by in hand delivery to the defendant) or (by leaving at last and usual place of abode of defendant, and vith a person of suitable age and discretion). OFFICER AUTHORITY Please Return Your Service To: Western Housing Court 37 Elm Street P.O. Box 559 Springfield, MA 01102-0559 (413)748-7838 Heisler, Feldman, McCormick & Garrow, P.C. Attorneys at Law Hugh D.Heisler Joel H.Feldman Thomas J.McCormick Suzanne Garrow VIA HAND DELIVERY April 5,2010 Aimee Petrosky Northampton Board of Health 212 Main Street Northampton, MA 01060 Re: Lavigne v. Dupelle, 09-SP-2732 Dear Ms. Petrosky: Enclosed is a subpoena to appear at a trial in the above captioned matter on April 20, 2010 at 10AM. As my paralegal previously indicated to you,you do not need to appear at the time on the subpoena. I am happy to work around your schedule to make this as easy for you as possible. Either I or my paralegal will give you a call in the next few days to further discuss this. Thank you for your assistance. If you have any questions in the meantime please don't hesitate to call either myself or my paralegal, Raquel, at 413-788-7988. Very truly yours, 1145 Main Street,Suite 508,Springfield,MA 01103 • Phone (413)788-7988 • Fax (413)788-7996 FORM 491-SUBPOENA WITH°MOMS RR11PN WOES RC VM PE VISEO DEC.1971 (nummsnwettltlt of mttssttcbunztts Hampden Northampton Board of Health 55. Ott Aimee Petrosky HCBBS a WARRENJNC.PUBLISHERS OOSICKMAM 212 Main Street Northampton, MA 01060 greeting. tau are 11Rrebg Enna latt e?i, in the name of The Commonwealth of Massachusetts, to appear before the Western Division--Housing Court in Springfield, MA holden at 37 Elm Street within and for the county of Hampden on the 20th day of April ten o'clock in the at fore noon, and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence of what you know relating to an action of eviction then and there to be heard and tried between Michael Lavigne Margaret and Joseph Dupelle Plaintiff , and Defendant ,and you are further required to bring with you any and all documents pertaining to 101 Old Ferry Road, Northampton, MA 01060. Etrznf fail nat, as you will answer your default under the pains and penalties in the law in that behalf made and provided. Odd lrt 2010 the day of April A.D. 19 Notary Pu° lussicc of she Peace RETURN OF SERVICE I this day summoned the within named to appear and give evidence at Court as within directed by delivering to in hand,—leaving at last and usual place of abode, to wit:No _.__.. __. _. .....__. ..._. in the District of said Street, an attested copy of the subpoena together with fees for attendance and travel Service and Travel Police Officer, Wb,Depr<Sher§ Cop. Pd. Miners It being necessary Iactually used a motor Motor vehicle vehicle the distance of miles in the service of this process Subscribed and sworn to before me Th.i Air, C Poi:ce Pic.. ' FORM 4S4-SUBPoE NA WITH OFFICERS PENPN DICES 1ECUM REVISED DEC.I971 ate Qlummunwtttltt of g'i[ttssttrltosetts Hampden Northampton Board of Health HOBBS 6 WARREN,INC.PUBLISHERS 8OSp1,MASS. 011 Keeper of the Records 212 Main Street Northampton, MA 01060 greeting. VIII! &re bberthg rn$IItuttbe&, in the name of The Commonwealth of Massachusetts, to appear before the Western Division--Housing Court in Springfield, MA holden at 37 Elm Street within and for the county of Hampden on the 20th day of April at ten o'clock in the f ore noon, and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence of what you know relating to an action of eviction then and there to be heard and tried between Michael Lavigne Margaret and Joseph Dupelle Plaintiff , and Defendant , and you are further required to bring with you any and all documents pertaining to 101 Old Ferry Road, Northampton, NA 01060 . litrtuf fuii nut, as you will answer your default under the pains and penalties in the law in that behalf made and provided. 33utaid 2010 the 13 IC day of April A.D. 19 Notary Public—Justice of the Peace RETURN OF SERVICE , coat&that 1 this day summoned the within named ri to appear and give evidence at Court as directed by the attached subpoena by delive ng 10 in hand, - leaving at {ees for attendance and a copy of the subpoena together with.�� travel I further certify that I am not a parry to the above entitled action and that I am not less tivrn 18 years of age- in the ur this 'of - Signed under penalties of pert' y year eider, Feldman, McCormick & Garrow, P.C. rgh D.Heisler el H.Feldman Tomas 1.McCormick uzanne Garrow VIA HAND DELIVERY April 13,2010 Keeper of the Records Northampton Board of Health 212 Main Street 01060 Northampton,MA Re: Lavigne v. Dupelle, 09-SP-2732 Attomeys at Law Dear Sir/Madam: n Enclosed is a subpoena to appear at a trial in e he above ave ca ioneds hadureo o make 20, possible. Either 1 or my paralegal will call you in the next a 2010. Though the trial starts at 10 a.m.,I am happy appear in court on the 20th. this appearance as easy for you as p few days to arrange for a convenient time for you to app Thank you for your assistance. If you have any questions in the meantime please don't hesitate to call either myself or my paralegal,Raquel, at 413-788-7988. Very truly yours, Suzanne Garrow 1145 Main Street,Suite 508,Springfield, MA 01103 • Phone (413)788-7988 • Fax (413)788-7996 )OF HEALTH EMBERS INE LEVIN,M.O. 4NE SMITH,M.O. 4A C.SALLOOM STAFF anti Wood,MPH or of Public Health t,R.N.,Public Health Nurse rosky,Health Inspector CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET T1060 NORTHAMPTON,MA BOARD OF HEALTH RECORD CERTIFICATION IXXXXXX, Keeper of the Records of the City of Northampton Health Department, do hereby certify, pursuant to :achusetts General Laws Chapter 233, Section 79 and/or Section 79E that I am authorized by the Director of the Board of Health for the city of Northampton. The Health Department records attached d are a true and M cc rate reip o uction of the original records for 101 Old Ferry Road, Northampton, The Health Department records attached are,to the best of my knowledge and belief, a complete copy of the records as requues d of h eehisto iy of Orders to Correct for of 101 Old Ferry Road, Northampton, MA 01060, e ribed and sworn under the pains and penalties of perjury by me this 20th day of April,2010. Xxxxxxxxxxxxxxxxxxx(NAME of Somebody) Title, Health Department City of Northampton, MA TE: If any questions regarding the attached copies arise, please contact the City of Northampton at 413-587-1214. - Chapter 233, Section 79a General Laws of Massachusetts eh the Laws .RT IIL COURTS,JUDICIAL O CASES OFFICERS AND PROCEEDINGS IN Go To: N x ec l P won tj a• er T.bl- •f ont-nt MGL Larch Paoe General Court Home M. ...v TITLE II.ACTIONS AND PROCEEDINGS THEREIN AFTER 233.WITNESSES AND EVIDENCE ETC. PROOF OF STATUTES, LAWS, apter 233: Section 79A.Certified copies of public and private records ction 79A. Copies of public records,of records described in sections five, s and sixteen, and of records of banks,trust companies, insurance companies and seven or d sixteenraphic ;p itavew, of chapter sixty-six,re, the photographic ocess, shall,when nr not such fled by the copies are made by P ocess, shall,when duly certified by th person in charge thereof,be admitted in evidence equally ith the originals. 4/16/2010 littn://www.mass.govilegis/laws/mg1/233-79a.htm - Chapter 233,Section 79e General Laws of Massachusetts .ch the Laws SIT III.COURTS,JUDICIAL LIOO CASES OFFICERS AND PROCEEDINGS IN Go To: N ton PrevSUS coon hater Ta•I- •f ntent MGL Search Pa General Court Home Ma s.•ov TITLE II. ACTIONS AND PROCEEDINGS THEREIN AFTER 233.WITNESSES AND EVIDENCE ETC. PROOF OF STATUTES, LAWS, apter 233: Section 79E.Reproductions of public or business records ction 79E. If any business, institution,member of a profession or calling, or any department or ency of government,in the regular epresentation or combination thereof of any act, troansaction, c urrence ri,event, a and entry,print, any hotographic,photostatic,microfilm,microcard,miniature ;cuttence or event, and in the regular course of business has caused any or all of the same to be corded, hic copied or ter process which Y P ;producing or other process wgina y be destroyed in the regular a course lof business unless its ;producing the original,by law.original itself in any judicial or administrative proceeding whether the reservation is required by law. Such reproduction,when satisfactorily identified,shall be as dmissible in evidence as the original Omissible is in evidence idence or not and an reproduction rodment or in existence of rrand d amenable for inspeshall ndt under ldirection of the court.The introduction of a reproduced record,ce ement or for smile, i not preclude admission of the original. 4/16/2010 httn[//www.mass.gov/legis/laws/mg1/233-79e.htm UMassMemorial 0 Medical Center University Campus 55 Lake Avenue North Worcester,MA 01655 Tel:508-334-1000 www,umassmemerial org MEDICAL RECORD CERTIFICATION I, Mabel Romeo, Keeper of the Records of the UMass Memorial Medical Center, do hereby certify, pursuant to Massachusetts General Laws Chapter 233, Section 79 and/or Section 79G that: - I am authorized by the custodian of Health Information for the UMass Memorial Medical Center. - The medical records attached are a true and accurate reproduction of the original records for patient of the UMass Memorial Medical Center . - The medical records attached are to the best of my knowledge and belief, a complete copy of the records patient of as requested of treatment for the UMass Memorial Medical Center by me Subscribed and sworn to under the pains and penalties of Y 2009 . this _ _ day of Mabel Romeo Manager, Release of Information Health Information Management NOTE: If any questions regarding the attached copies arise, please contact the Release of Information Unit at 508-334-5099- The Clinical Partner or the unimsiry at pAassachuuas Medical School Kaniecki, Charlie (DPH)[Charlle.Kaniecki @siate.ma.usl Tuesday,June 01,2010 12:31 PM Ben Wood Fw: 101 Old Ferry Rd. Northampton x 1 Kaniecki, Di tric Health lth Officer r Mass..g 32. of Public Health23 Service Ctr Rd.Northampton, MA. 01060(413)strict v1==76813671e716==karen.huntoon@jud.state.ma.us 768be71e716==karen.huntoon @jud.state.ma.us> _cki, Charlie(DPH) <Charlie.Kaniecki @state.ma.us> le Jun 01 12:30:37 2010 RE: 101 Old Ferry Rd. Northampton :harlie "Kaniecki,Charlie (DPH)" <Chazlie.Kaniecki @state.ma.us> un con Cue, 6/1/2010 12:19pm ;n Wood<bwood @northamptonma.gov> ; Elaine Real1<attyreall @comcast.net> ;Karen Ann t.huntoon @jud.state.ma.us> imee Petrosky<apetrosky @northamptonma.gov> ct: RE: 101 Old Ferry Rd. Northampton tren, just a heads up.Northampton Health is having a case hear this coming Monday and the tenant has an case as well In case your staff wished to bring that file with you Monday. les Kaniecki,District Health Officer Dept.of Public Health ;rn Regional Office nice Ctr Rd. tampion,MA.01060 5867525 x1167 1784 1037 fax 839 3237 cell G: HTTP1/PUBLICHEALTH.BLOG STATE:MA:U m: Ben Wood Lmailto:bwood @northamptonma.govl rt:Tuesday,June 01, 2010 11:48 AM Elaine Reall : Kaniecki, Charlie (DPH); Aimee Petrosky bject: 101 Old Ferry Rd. aine, ahead of next Monday that there is a aw would we go about informing the Clerk Magistrate or other appropriate party >ncurrent case against Michael Lavigne in Housing Court(Lavigne vs. Dupelle,1109-SP-2732)7 Thanks. Ben en Wood,MPH OF HEALTH EMBERS INE SMITH,M.D. IA C.SALLOOM INE LEVIN,M.D. STAFF 3min Wood,MPH or of Public Health I,R.N.,Public Health Nurse reeky,Health Inspector ter Mcbride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 rn June 1, 2010 a compliance inspection took place at 101 Old Ferry Road a property owned .avigne. Present at this inspection were Aimee Petrosky, Ben Wood, and Charlie Kaniecki. ime of this re inspection no violations had been corrected from either the first or second order )ct. Petrosky OF HEALTH EMBERS 4NE SMITH,M.D. JA C.SALLOOM INE LEVIN,M.D. STAFF amin Wood,MPH or of Public Health t,R.N.,Public Health Nurse rosky,Health Inspector her Mcbride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 2010 r. Lavigne that This letter is to inform you that starting on June 14, 2010 you will be fined for everyday tperty located at 101 Old Ferry Road is out of compliance with the state sanitary code. The ity to fine for non compliance comes from 105 CMR 410910 e fies will start at $10.00 a 1 id increase in $10.00 increments daily until $500.00 a day reached. Thi il Dmount will ilt when lative for the duration of the violations. Please call the Northampton Health iolations are corrected to schedule an inspection. Petrosky Ith Inspector Main St Northampton Ma,01060 -587-1214 in P. Duggan Fire Chief Northampton Fire Department 26 Carlon Drive, Northampton, Massachusetts 01060-2373 Telephone: (413) 587-1032 Fax: (413) 587-1034 Assistant Chief: Duane A.Nichols Deputy Chiefs:Stephen Vanessa,David Gagne, William Hurley and Timothy McQueston Deputy Chief in charge of EMS:Christopher W.Norris June 9, 2010 I conducted an inspection at 101 Old Ferry Road, Northampton on June 9, 2010 per the locations for smoke detectors mand carbon monoxide detectors.determine the to the resident on scene regarding the placement of both type of detectors within the home. As far s placement basement stairs and another in the hallway needed lway outside the bedrooms. In addition I the rmoval of the current smoke placement ofd the carbon monoxide detectors would tbet in the basement and on the first trdoes the placement and type not meet Massachusetts state fire code. of detectors If you have any questions or require additional information please contact me at 587-1032 x4230. Captain Larry Therrien Fire Inspector Northampton Fire Department JAMPSHIRE,SS. COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT WESTERN DIVISION DOCKET NO. 10CV0891 ORDER order is After hearing on June 14,2010,at which both parties were present'the following to and' tion is ALLOV�ED' 1 The Board of Health's request for an order of coax 2. The defendant is to properly install smoke detectors,carbon dioxide detectors and repair the hand-railings on the outside stairway by June 18,2010. The balance of the cited violations are to be repaired within 30 days of the below date. rr// 2010. �i97"day of So entered this�- 11 DINA E.FEIN,First Justice D OF HEALTH IEMBERS SALLOOM,CHAIR NNE SMITH,M.D. NINE LEVIN,M.D. STAFF iatnin Wood,MPH tor of Public Health tt,R.N.,Public Health Nurse trosky,Health Inspector her McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH NOTICE OF COMPLIANCE I Lavigne ter Road MA 01342 COMPLIANCE WITH ORDERS 212 MAIN STREET NORTHAMPTON,MA 01060 , an initial Housing Inspection was made at , owned or operated by you. roperty located at tons were observed and an enforcement letter with 3 0 9 la action orders was mailed to you on nal re-inspection was conducted on please note that you have violations noted in the ,Re ted and therefore, p p 1 d with letter were found io be nplied with all of the correction orders issued in the inspection report. questions regarding is letter was signed under the pains and penalties of perjury. If you have any q s matter, please contact me at my office. a 7 ncerely, ien doo MPH, Director of Public Health We Ina a:itc i Ma Lj till at r ft t d rr ourp yme ts.epri ,tlher defaults cr your a cl'unt may be L.E81' VALIDATION NOTI Ck; HE: Loan :Lmibe: `iae7816793 217;: �� amount reyulr : to cure I :4 Jay I and °t after:: argest that of at} vary tr, rlt t �Le yl,u:. le amount yo pay be greater . Its Notice, the u amount ICU should contact t:La/De e -u -fici nt to pay ,fru our nor. • y I the day the exact amount necessaryr ti,sr ei: s La your sr 'Ete: deriver p r tuber or in rejection ct your nt payment . E'aiLur - your }.� a' in.- _.n payment . Ic. do .emu may WItUlli this amount IS: Owed is Chase h .me Frr-u the. will et iLy us that i us debt,laor some after portior,a of it, 5 communication disputed, i us assumed yun to he valid. of it, is dispute,9, it ' if Nl , t l 'I thirty cif, tt -e I us, : NJ) days attei receiving is disputed, in w it r� J this reil:d rata 9, star the debt, mailed I rt, dim:, : rt serrf his communication is to to You. errinlet We, to r collect r ter repossess the rnwept less property which THE INFORMATION is the FAIR DEBT si,LpcI loNF, US ICES AC IN CGMPLg WITII THk; pg Y12F C'4I CES ACT. Per DCRAL quest I0ns r a pqui Les Chase, AiTN: Cusr amtien imei lire contact a aC ms : III , CI 231.- ro zt icr Center., r "0 i8 o_HO x904 Box %977 r,, Fax: :09-962-I9'o 0/p9 CHASE 0 on*Fna.Ke LLc meadows way sae,FL32255 Iher05,2009 III p,J.d.Ad1d..L.ALI I I .L.J6.,1.LJ iWML;-/A W004010004K1 mis act 11 avigne ;ivcr Rd Field,MA 01342-9759 loan Number 0689816993 ) fns debt /Liar-s,44-4L0-0 t- collect a be used for that na debt e are a debt collector. This is be used and an information obtained ar Michael J Lavigne That means your monthly pat and perhaps means even losing a Glee n missed es more than ing your cy payment . n nts you in danger of damaging Y tter- N u ate lease do not ignore this le C us home, so p lose your home-includin Chase Home Finance LLC that you bring your home loan current. Itlt_�ute :, s important call toll-free 1-800-848-9380 you back on a in option for getting Y avin trouble try to find an op from 5 a.m. to 6 fiaht. away, and we' ll you Monday through Friday, rack. We' re here for y y have the loan number at the you call. When y m, Pacific time. For faster service, op of this letter handy eligible for home ownership you may also be elig and Urban additional© slig through the U .S. Department of Housing ;evelopme through approved nonprofit counseling Development s . C) network of app Treaattacheds . Call 1-dation N4ti to find °sup outstanding balance due The our ho e Debt Validation yoou are able to payd includes the current amount ne on your home loan. If you to: Chase Home Finance LLC Customer Care lease send your payment Louisville, KY 40290-1123 . due, please Loa 9 number, on your check. Bvlfi7lment, your loan number (0689816793) Please write y ou soon you. Our loan counselors look forward to hearing from at 1-8001-800 . megi Re: Loan No. : 0688682657 As fo October 30, 2009, the total t 2 . w amount of the cut sCa dirty debt is tie sic ,r . Total Unpaid Principal Balance rterest to 10-30-09 Escrow/Impound Tow/Lmpound Overdraft $ 6 .59 6 Subsidy/replacement $ �, 575_$2 Suspense Balance Reserve e Bata r- , 10 HUD Balance Subsidy Balance 00 pestRataeMIPEscrow/Loss llraft Balance 6i'. U( Rata Pro a PMI s0 Rata Credit Life Late Charges . 00 s . o.; Total $ 00 Outstanding Debt 15 . 69 out 9 2207, 669. 65 LA-XP821_015-#05_102309 XP621 ne Finance LLC(01447301) Or OH 43219-6009 to.zo09 I..11,11,.1.. ll I.J... J.1.1,I ,1...11..J,l1.J Y sPOWMO IA MypgpXp SPXll :IJ L'avignC vcr Rd cid MA 01342 RE: Chase Loan No. : 0688682654 DEBT VALIDATION NOTICE or total outstanding debt for this loan is stated of interest, late charges and other at October 30, 2009, your change after the to day or that may change pay may be greater. back this this (carp from day to tof ryes that may the amount due on the day you the back of r of this uo Caye not rely on the amount shown on the d aac o. et this e teeo to, you may your loan after hone .ice to be sufficient u to payoff do ss payoff your loan You should contact the services at the address or telephone .ice . day the exact amount necessary so may result a in goer below to verify ant Failure to do the nag yoy will deliver payment . information: For your N .A. jecrion of your payment. an Chase Bank, this communication you whom this debt is owed is JP or the debt The creditor to days after any portion is disputed, debt, or any portion or it, Unless within (30) notify us that the be valid. tion you e assumed by us to this communi ca is will be days after receiving onion of it, If within thirty (i0) that the debt, or any portion you us, in will ication of such debt notify this couununication you we will mail a veaft rothis with the name and disputed, days after receiving name within thirty (30) Y i be the present e ad make a request, in writing, you m_if other than address of the original creditor, to collect the indebtedness due, shown above . repossess the property that is the security rhe purpose of this commu�roa�ion is or, in the alternat i.ve, of such debt. COMPLIANCE WITH THE FEDERAL FAIT* THE INFORMATION ABOVE IS PROVIDED IN DEBT COLLECTION PRACTICES ACT . lease contact us at: Foe -uestions or Chaser ion LLC Chase Home Finance, Customer Interaction Center P.O.BOX 44118 Jacksonville, FI, 32231-4016 1-800-848-9136 1-904-886-5529 CHASE 0 e 0- H1-1 'R-ivo---ReE`ok_ Michael J. Lavigne 101 Old Ferry Road 01060 Northampton,MA 0 413-539-1179 November 18,2009 y of Northampton and of Health E Main Street rrthampton,MA 01060 tention: Aimee Petrosky Health Inspector .e: Your Letter of November 3,2009,about 101 Old Ferry Road,Northampton,MA am responding to a letter I received at the Northampton Post Office last Friday, copy attached, Road but states that an inspection was done at 247 Sou0ress eet. I respectfully request a hearing so that I may express ss the vhich references 101 Old Ferry and the near impossibility of performing Assuming the letter is intended for at the grievance already suffered at the subject property any improvements to the dwelling. ears stopped paying rent in April happily for over eight y e Unfortunately the delay in in and are forcing who haveof the there system to delay their departure. has caused the the k to begin and are forcing the use oents,caused by the lack of rental payments, nt much ob gi monclos mortgage paYm In an effort to stave off the impending foreclosure,I spent h of my foreclosure proceedings.it payment for my primary home in Deerfield two or three ti now which i and pirated was mortgage caym you can see from the enclosed doe b eause I can't get r decision. As y primary home, th�gi I which m retrospect was a poo (my retirement)and also my my to lose to investment m ve out home( Y Road so that I can sell the drum thing! effect my mo fiends u moot ag ieand house dt 1o1 Old Ferry ust a bit aggrieved as I slide towazds financial ruin and I am in no position to am morethan j that I probably will not own 60 days from now. improvements at a property I will not be able d comply language usage ear to be technical errors. The letter 1 with the formal order issued for several reasons. The order is not e and what app which is not a property that I stately understandable dues the at 247 Northampton, and is not a pr 30,2009, own. The letter also was done e-247 ction will take place on or around tare-h�sPe own. was lover sixo seeks that was over six weeks ago Clarification of the order will be required. tit late in the the letter is dated November 3,2009,I did not receive the ue letter work at tine Furthoon Fhough eenth of November. Completion of any of the req th is wholly impractical. I will be out of the area visiting family next week afternoon on Friday the thirteenth requested work nor speak with end the this week(the holiday 0 ) for the Thanksgiving h and will not be able to evaluate any y contractors until after the first of December. There is also the problem of finding funds to rearm and of rev ously mentioned the bank has begun foreclosure proceedings.will eight months in rears and as pre egarding the individual alleged violations,I provide the following responses. ales in walls covered by plywood.] I presume this refers to the r conditioner r cut uts that Adding vinyl cut- uts that are covered from the outside with plywood,foam board insulation,vapor plywood it a fairly simple and relatively Addiy asula[ion. I offered to cover the holes years ago but the tenants thought it unnecessary. iberglass insulation in the cut-outs and covering with plyw nexpensive task which could likely be accomplished in early December. believe 410.503 [No railings for front entrancework.] er Reinstalling railings hem should be fairly which Iif they believ the tenants removed after the siding can be located. front 52 Old Ferry screens os dos front many homes do notthavthere creen doors on the front of the house. fronts 101 uld Ferry ion, and many In this particular situation,the doorway is not used for ventilation(there are large screened windows the immediately adjacent to the door),and the dwelling is own a ccupied ed as fro hd on not required. accompanying Rental Agreement. I believe,therefore,that 410.500 [Peeling paint on ceiling.] The house was scheduled for a complete sanding andout, refinishing of the ceilings,walls, and floors back in July. Because the tenants refused deposit and ee contractor took the cash work k work was undone. and nlg, painting cancelled.walls,and finishing floors in an occupied house is very work remains undone. Sanding, (it which impractical and hugely expensive(it also requires the complete cooperation of the occupants, I do not have). Furthermore there is no money available to contract such work.Agreement,I am a 410.480 [Door from office is not securable.] As indicated i the Rental is a third bedroom' co-tenant at my house. My bedroom is predominantly The door from the hallway is secured by key-only entry from the bedroom side as is the outer door to the backyard. The tenants can access other door from the insdanown I elie believe theey have have k s to the co- tenancy there,any locks r I make only person appropriate Furthermore,the "office door"provides a mandatory at oand any cntry I econe is legal of and r through mndry and practical second means of egress in case of emergency. Prohibiting passage that door from either side would create a safety hazard. required relative to Please provide clarification of"the order"and specific details regarding what is req the individual alleged violations considering my comments to each as described above. Please also set this matter for a hearing after the fast of December. Sincerely,