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72 2004-2005 Complaint & Court Paperwork 7176 -.926-7 C 1h fat I?) le944ef CI{Vtlafillg P“� Jt$ h P1 zA _ 726 -4l1 A1 f ,�-r_ 0 - cb6I - 26 - /i Y1' Qfl/ . &W // ' A714/ .eig I • • F rti ,l, . —J'A� BOARD OF HEALTH CITY HALL COMPLAINT RECORD Dately3/ZW 71m9: if� Map: Parcel Name o Complai t fel ` cot! Address: i,. jni O ,4 Tel v8Aa2b 4-447 �:_T NATO E COMPLAINT: i . � %Lle� -/ ca-�I.LeQ /j ✓i 44 c Owner: - E� Lg) aa ii' /Address: '-- - ,, Tel: , Taken by: Jam'' Date of Inspection: 24 $ I e: _ INSPECT RW994 O'lSR diff7A6cfr 4 j 40-r-- binnhl bbnl*I fAex e ke.. vea Actlon Ta t en:J ai _-.rc_ A oq Tn:914135371e21 o. ■c. • 4I.3. 1attJl /9.15L11 1 44 l.ARUOtu. YR., 333 North Avenue.4i%Floor Wakefield.MA 01880 781.246.8995 Telephone 781-246.8994 Facsimile Sent by regular and certified mail. December 7.2004 iln_. 10 44 07: rcM ci Dorothy Sanderson And any and all occupants 72 Chapel Street Northampton,MA 01060 NOTIICF£O QL71T AND VACATE PRF.MiSFS y2 CHAPEL SfIEEEF NORTS4MFI'ON MA 01060 This office represents the Owner of the property loaded at 72 Chapel Street,Northampton, MA 01060. My client purchased this property on November 12,2004 at a foredosurc sale,at which time any and all rights you had in the pro=perty were extinguished Your continued use and occupancy of the property is against the rights of the Owner and constitutes mere occupancy and your failure to tender use and occupancy payments is further cause for eviction. Pursuant to Massachasetra General Laws Chapter 186,the property Owner hereby directs that you quit, vacate and remove your property sad personal possessions from the premises and deliver control of it to me no later than December 19,2004. HEREOF AND FAD.NOT,if you fail to vacate the promises by December 19,2004,we will immediately commence an action to evict you without further nttlica..Jtgou heJ& ibU here a__. legal defense to this action,you may so defend at the court karma. Please consult an&omey if you have questions about this Notice to Quit. Sincerely, M&T Mortgage Corporation By its Attorneys, ABLWr& • PC _....woe I •. BOARD OF HEALTH MEMBERS OFFICE OF THE tOSEMARIE KARPARIS,R.N.,MPH QNTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF nest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health aM Meczywor,R.S.,Sanitary Inspector iota Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(419)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER H OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: •cember 14,2004 T Corporate Systems ?gistered Agent Q Federal Street tston, MA 02110 E: 72 Chapel Street- Defective Heating Unit and no Heat EASON FOR INSPECTION: Complaint This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto e um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. Il pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradcci6n de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: i 3 der Massachuetts General Laws, Chapter 111, Section 127L, this law allows the Tenant to their money to correct the violations and deduct the amout from there rent by ification with receipts, if the owner or entity in control of the property fails to coreect the lations within the time period givin by the Board of Health. tese premises are occupied as rental housing, the occupants are entitled to their statutory rights and remedies. required in 410.812(B),1 am enclosing a copy of these rights and remedies on page 6 in the document entitled, 9E FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES". ase feel free to contact the Board of Health office, at 587-1214, if you have any questions concerning this [ter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified ler the pains and penalties of perjury. cerely, lest J. Mathieu,R.S., M.S., C.H.O. rector of Public Health Lisa Grant, Tenant Dale Clark,Housing Services Case Manager M & T and Mortgage Company C/O Attorneys Ablitt and Carulo ATTN. Attorney Brian Lamanna 333 North Avenue 4Th Floor Wakefield, MA 01880 ert Mail 7003 0500 0005 2476 5707 3E2 ;presentative from the Northampton Board of Health conducted an inspection on December 13, 2004, at the nises located at 72 Chapel Street,Northampton, MA, owned or operated by you, for compliance with AFTER II OF THE STATE SANITARY CODE, CHAPTER 111,SECTIONS 122 TO 125A,ABATEMENT NUISANCES. This letter will certify that the inspections revealed violations listed below, which are serious ugh as to endanger or materially impair the health, safety, and well-being of the occupants. OLATIONS OF ARTICLE H 410.000 AND M.G.L., CHAPTER 111, CTIONS 122 TO 125A, ABATEMENT OF NUISANCES 00 Heating Unit (furnace) is defective and not working properly. Tenant states that she has a carbon monoxide(CO2) detector which was being set off frequently by the high levels of CO2 being emitted by the furnace. The Fire Department was there yesterday and has "RED TAGGED" the furnace until it is repaired or replaced. This is a very serious situation since there is an infant living in the apartment and the outdoor temperatures will be getting in the single digits this evening. ORDER: Repair or replace heating unit WITHIN IN 24 HOURS (by 2:00a.m.,Wednesday, 12/15/04) in order to provide heart as required by this section of the code. NOTE: Ambient room temperature must at least 68°F (20°C) between 7:00 A.M. and 11:00P.M. and at least 64°F (17°C) between 11:01 P.M. and 6:59 A.M. every day other than during the period from June 15th to September 151M1,both inclusive,in each year except and to the extent the occupant is required to provide the fuel under a written letting agreement. The temperature shall at no time exceed 78°F (25°C) during the heating season. 201 Ambient temperature in habitable rooms was 61 degrees Fahrenheit. ORDER: Repair or replace heating unit WITHIN IN 24 HOURS(by 2:00p.m.,Wednesday, 12/15/04) in order to provide heart as required by this section of the code.NOTE: Ambient room temperature must at least 68°F (20°C) between 7:00 A.M. and 11:00P.M. and at least 64°F (17°C) between 11:01 P.M. and 6:59 A.M.every day other than during the period from June 151h to September 15th, both inclusive, in each year except and to the extent the occupant is required to provide the fuel under a written letting agreement. The temperature shall at no time exceed 78°F (25°C)during the heating season. '50 *States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.750 of Article 11 of the State Sanitary Code. hider authority of CHAPTER III, SECTION 127 OF THE MASSACHUSETTS GENERAL ,AWS,AND CHAPTER II OF THE STATE SANITARY CODE,M.G.L., CHAPTER 111, IECTIONS 122 TO 125A, ABATEMENT OF NUISANCES,you are hereby ordered to make a ;ood faith effort to correct the violations before the deadlines states above. Failure to comply vith this order shall result in a complaint filed in The Hampshire County District Housing :ourt. .E 3 der Massachuetts General Laws, Chapter 111, Section 127L, this law allows the Tenant tse their money to correct the violations and deduct the amout from there rent by ification with receipts, if the owner or entity in control of the property fails to coreect the lations within the time period givin by the Board of Health. iese premises are occupied as rental housing, the occupants are entitled to their statutory rights and remedies. required in 410.812(B), I am enclosing a copy of these rights and remedies on page 6 in the document entitled, YE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES". ase feel free to contact the Board of Health office, at 587-1214, if you have any questions concerning this tier. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified ler the pains and penalties of perjury. lest J. Mathieu,R.S., M.S., C.H.O. rector of Public Health Lisa Grant, Tenant Dale Clark,Housing Services Case Manager M &T and Mortgage Company C/O Attorneys Ablitt and Carulo ATTN. Attorney Brian Lamanna 333 North Avenue 4rh Floor Wakefield, MA 01880 ert Mail 7003 0500 0005 2476 5707 (ATTACHMENTS) 4 'OLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. Withholdin (General Laws, Chapter 239 Section SA) e Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without ,victed if: A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to ;ndanger or materially impair your health or safety and that your landlord knew about the violations before you were iehind in your rent. B) You did not cause the violations and they can be repaired while you continue to live in the building. C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) pair and Deduct(General Laws,Chapter 111 section 127L) aw sometimes allows you to use your rent money to make the repairs yourself. If our local code enforcement agency ies that there are code violations which endanger or materially impair your health, safety or well-being and your ord has airs (ordto written enter into notice s written tten contract to have them made) witthin five days after notice or owner o complete repairs scary repairs 14 days after notice you can use up to four months' rent in any year to make the repairs. tetaliato Rent Increases or Evictions Prohibited (General Laws, Chapter 186, Section 18 and Chapter section 2A). owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement icy about code violations. If the owner raises your rent or tries to evict within six months after you have made the iplaint e to sue se will have ved for show good if reason on she the in to ease or eviction, which is unrelated to your complaint. You Rent Receivershi (General Laws,Chapter 111,Sections 127C-11). occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather n to the owner. The court may then appoint a"receiver" who may spend as much of the rent money as is needed to correct violation. The receiver is not subject to a spending limitation of four months' rent. Breach of Warrant of Habitabili to may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet nimum standards of habitability. Unfair and Deceptive Practices(General Laws,Chapter 93A). enting an apartment with code violations is a violation of the consumer protection act and regulations for which m may sue an owner. THE OU DECIDE TO WITHHOLD IYO R RENT OR TAKE I O KE ANY OTHER LEGAL ACTION. IT 1S ADVISABLE THAT YOU IF ONSULT AN ATTORNEY. I YOU C CANNOT H IS: O CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE T LEGAL ESTERN MASSACHUSETTS LEGAL SERVICES NAME 20 HAMPTON AVENUE SUIT 10 NORTHAMPTON MA 01060 584-4034 TELEPHONE NUMBER Conditions Deemed to Endanger or Impair Health or Safety the premises.m d n This listing is may endanger er The following conditions,when found to exist in residential premises,shall be deemed conditions which may en auger of or impair the health,or safety and well-being of a person or persons occupying those items which are deemed to always have the potential to endanger or materially C 410.100 through 410.620 state minimum�requirements lly impair the health or safety,and well- being t of the occupants h or the n,any her viol Chapter has the of fitness for human every case any other fire is not has th ed i nth/to fall within this category includ in any given but may not do so in every cas and therefore is n included N this listing. Failure to include shall in no way be construed as a determination that other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of such violations pursuant to 105 CtNQl 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature. both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410200(B)and 410.202. (C) Shutoff and/or failure to restore electricity or gas (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in common area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1)and 410.300. object, (G) Failure to provide adequate exits, or the obstruction of any exit. passageway or common area caused by any including garbage or trash.which prevents egress in case of an emergency 105 CMR 410.450,410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). Failure to comply with any provisions of 105 CMR 410.600.410.601.or 410.602 which results in any accumulation of of other pests rubbish.r otherwise contribute tosaceden sickness or which creation provide a food source spread of disease. harborage for rodents: insects or (7) Health Regulations dforsLead Poisoning Prevention dwelling Control, 105 violation CMR 60 000.ac(See M.G.L.�I ltl,§$190 through 199.) (K) Roof.foundation. or other stmcmral defects that may expose the occupant or anyone else to fire,bums, shock,accident or other dangers or impairment to health or safety. (L) Failure to install electrical, plumbing, heating and gas burning facilities in accordance with accepted plumbing, bums, shock, accident other danger R or heating, ans fitting and olds ttoo expose wiring standards cuunt ror failure anyone elseutotfie, b s. shoe , are ent obe 1 a Ch or 410.351 and 410.352, impairment to health or safety. (NI) release edefect f asbestos dust ortwhich mayare result intthe release of powdered, crumbledrorupulve zedcasbestosemateriall in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: Or Lack a a kitchen sink o suiwient size and ca deity or washin! dishes and kitchen utensils or lack o a stove an d oven or any de ect that renders either ino erabie. or amide e t which vide a washbasin nand shower or bathtub as re•uired in 105 CMR 410.I50/d (2 and 410.150(4 (3 (3) Any defect in the electrical,plumbing,or heating system which makes such system or any part thereof in violation of generally accepted plumbing. heating, gas fining, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain a safe handrail or protective railing for every stairway,porch balcony.roof or similar place as required by 105 CMR 410.503(A)and 410.503(B). (5) Failure to eliminate rodents,cockroaches,insect infestations and other pests as required by 105 CMR 410550. (P) other which tmay endanger or mate lly impair health or safety and w well-being ng of (0) shall the to be a of the owner to remedy said condition within the time so ordered by the board of health. 4 17:57 FAX 413 784 1037 WESTERN REGIONAL orr * ****s*****s***t** *** TX REPORT *** *********L*•****a**** 9s\ TRANSMISSION OK TX/RX NO 17812468994 CONNECTION TEL SUBADDRESS CONNECTION ID 12/15 17:55 ST. TIME 01'32 USAGE T 6 PGS. SENT OK RESULT 1012 Western Regional Office 23 Service Center Northampton, MA 01060 413-586-7525 800-445-1255 FM: 413-784-1037 TTY: 800-769-9991 waX { t. ortv° A�6 Corr. Massachusetts Department of Public Health ttnn,,� LI /J From: �I'risJ� Ta I Do� rtl�G C� Fa:c 7 S ) aYC — i 'y Date: la� — l�"—oY Phone: . 01 6 $ , 9r Pages: "'j� Re: 7 a 0 Urgent 0 For Review 0 Please comment 0 Please Reply J •Comments: F eM Jeff/ H-7,/ fit c t /At( a/Ace-es B rihK- L4 N14-A)"4 - c?s_P Western Regional Office 23 Service Center Northampton, MA 01060 413-586-7525 800-445-1255 FAX: 413-784-1037 TTY: 800-769-9991 1 /� P morisfrc! corr. . co I AJ 2 d ?e. Fax: 7 D i P y(v - 7- 9 Phone: Re: �1 Massachusetts Department of Public Health From: ` r Cf Date: a- `f 6 !i [ C[ r Pages: (Q G t B o Urgent ❑ For Review 0 Please Comment ❑Please Reply �/ *Comments: (� r7)• J�r Cl C0I 74 o1�7CEcJ TrlTlcc' - Confidently Nmhco The pages comprising this facsimile transmission contain confidential information from the abovemIf ent of Public you are not the ealth. This information is intended recipient or the employee or agent of the intended recipient, you are hereby notified that any disclosure,copying,distribution,or use of this information is strictly prohibited. If you have received this transmission in error,please notify us immediately by telephone to arrange for the return of the transmitted documents to us or to verify their destruction. COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT HOUSING COURT DEPARTMENT WESTERN DIVISION 37 ELM STREET P.O. BOX 559 SPRINGFIELD MA 01102-0559 TELEPHONE(413)748-7838 FAX (413)732-4607 WILLIAM H. ABRASHKIN FIRST JUSTICE DINA E. FEIN ASSOCIATE JUSTICE Ise No OHCN 60I rrnt.} ytn-YMIfIA / DIY +-. Pwblc<A_ EI2-tt M6-�H 5f" trx OIObt 3'33 (�9./T t `I-h, FI" Vialkt &* 0I $70 COMPLAINT AND APPLICATION FOR TEMPORARY RESTRAINING ORDER ROBERT O. FIELDS CLERK MAGISTRATE PRO TM KAREN-ANN HUNTOON ASSISTANT CLERK MAGISTRATE KEVIN R. BYRNE, SR. CHIEF HOUSING SPECOUST Date: I Z M # Trn�. )3 .0 LI CC, e Defendant(s) t/o � bl f{p 4 corded., /PL Sheet reef M/Z p rased upon the specific facts set out in the attached affidavrefrain from complaint filed with the Clerk of this Court,I request er/�th'yei L at 1 ' 9 N„' I'..t- M�" 1 i also request the Court waive Rule 65(c)of MRCP that I provide security for the Issuance of the above orders because lat the Court order the above Defendant(s)to desist and Signed and sworn to u penalties of perjury this I` Clerk-Magistrate. *****************r::t******************:r*.f:+*e before / A/i/kVa Signature ************* SUMMONS AND NOTICE OF HEARING ON TEMPORARY RESTRAINING ORDER TO THE Western Division of The are Court, sitting in Springfield application 37Elmb Street, the I ID at t 1 GIM at which you may appear and show cause why such application sho Id not •e granted. WITNESS: William H. Abrashkin, Esq. at Springfield Dina E. Fein, Esq. at Springfield PROOF OF SERVICE OF PROCESS I hereby certify and return that on 200 , I served a copy of the within m defendant,staiinio0 wieer i the complaint in this action,upon the within fn gett a Mass. c aint n) ad: 200_ Print Name Signature p.TO PROCESS SERVER JOSE PLACE THE DATE YOU MAKE SERVICE ON THE DEFENDANT IN THIS BOX ON TH€ I01NAL AND ON COPY SERVED ON DEFENDANT, ( ) ( ,200 . ) ( ) 11-30-00 E PRINT AFFIDAVIT PLEASE PRINT IS IS A RE UEST FOR AN EMERGENCY ORDER >ER THE PAINS AND PENALTIES OF PERJURY I SWEAR AND AFFIRM THAT: NAME IS 't/u Oi a( , I Am The: Telephone # 7/J� 5�/ rS11 aga ,My Business Address is: /11 4 rA 6RT 4 S C'Qpa/M-77oz/ M BRINGING THIS ACTION AGAINST: Z. ?"i 3 A.hlMt4V8 Q F, City W EF/ i1).0/110 Phone ;ides at t� /71/-4)/4 -6111 418 ACTION RELATES TOmPROOPE ®Y LOCATED AT : 10G 72-. di '� `� ��a�� A Owner [ 1 Tenant [ ] Neighbor xplain the Defendant's relationship to the property): [ ] O ] Visitor [ )�Other : C • ' / d .t 3 Air Ac L i e J The Following Occurred: (PRINT) FP-0 an >, - 1 IA'r > I Ate 7 r it /WD .Jb [0 1 = B s ;s VwG/J Ai F , :i I PAN '0 toi rd- 0 :Ps lest ♦l s /1/ L'Ot u// Y sat . , Gr7d,&) A® eL • /i eg O ' :_®e ON / i _570fir or /,r-) 0 • (OVER) ✓E ATTEMPTED TO RESOLVE THIS PROBLEM BY DOING THE FOLLOWING: pu0 r OWL' w r c8 r 7-) ges ,e6 r, pp.�� o�,vz� T� IEREFORE I AM ASKING THE COURT TO: U/"© -at', t , / rt-t two Wer ,4 ur 714 at X) i5� Zc0`Y at, DATE — ISSUED PURSUA TIME STANDARDS ORDER NO 1-04 HOUSING COURT DEPARTMENT WESTERN DIVISION TRACKING ORDER"X" CASE#: M4,v CASE NAME: ft\1 th -V' t} Y C°"r Please take notice pursuant to Standing Order 1-04 that the above entitled matter is assigned to the ACCELERATED"X" MACK and that the following deadlines apply: 10 days from date stamped below 30 days from date stamped below 21 days from date stamped below 65 days from date stamped below 65 days from date stamped below 95 days from date stamped below Service of process Returns of service filed Motions hearing Discovery completed Rule 16 pretrial conference and trial set Case disposed The plaintiff is required to serve a copy of this tracking order on all defendants before the deadline for filing return of service. Date: 12, IS 0 Robert G.Fi Clerk Magis4aate rnie Mathieu Yom: Ernie Mathieu lent: Thursday, December 16, 2004 7:43 PM wo: 'dnicols @city.northampton.ma.us;'dricols @northamptonma.gov' iubject: 72 Chapel Street-Tagged Furnace iod Morning Duane, s very important that I speak with you ASAP regarding the Tagged Furnace at 72 Chapel Street. Please call nie B7-1214 12/17/2004 THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS Hampden, ss: No. 04-CV-0604 Dept. of Public Health, Ernest Mathiew, Plaintiff v. M& T Mortgage Corp. Defendant ORDER Western Division Housing Court Department After hearing on December 16, 2004, for which all parties were present,the following order is to enter: 1. The defendant is to forthwith repair the heating system to the subject premises. 2. In addition,the defendant is to provide, and fund, alternative housing for the tenants through Saturday December 18`"at 5:00 P.M. If the heat has not been restored and inspected by that time the defendant will be obliged to pay for hotel accommodations through Monday, December 20'",2004, or until the heat is restored. 3. Further, the defendant is to provide each family with the sum of$100.00 per day for food,until the heat has been properly restored. So entered thisi[Lday of December, 2004. William H. Abrashkin First Justice UEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code iy Justice or Clerk Magistrate of the Western Division Housing Court SPRINGFIELD HOUSING COURT 37 ELM STREET SPRINGFIELD,MA 01101 ATIN:KATHY VEST J.MATHIEU DIR. OF PUBLIC HEALTH NO TH of of BOARD OF HEALTH ALTH Name of Inspector NORTHAMPTON,MA 01060 212 MAIN STREET City/Town Street xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx*xxxxxxxxxxxxxxxxxxxxxxxx N OATH COMPLAINS THAT: Richard Lao,Who's official dress is: C T Corporate Systems Registered Agent 101 Federal Street Boston,MA 02110 s and is the said owner of this residential mises located at: 72 Chapel Street,Northampton,MA 01060 Vherein the following violations of the State Sanitary Code exists (Pease also see attached report). Enforcement letter attached dated December 14,2004, and which a re-inspection was conducted on December 14,2004 at 2:00pm, and no violations were found corrected. On December 13,2004, a representative of the Northampton Board of Health Inspected the premises and determined that the above-noted code violation(s) exits. On December 14,2004,pursuant to the requirements of the State Sanitary Code,the above-noted propert owner was served with a written order to remedy these violations. As of December 14, 2004 at 2:00pm, and from day to day thereafter,the above-noted property owner has 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 report attached to this request. Complainant's Signature 587-1214 Director of Public Health (413) Date UEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code [y Justice or Clerk Magistrate of the Western Division Housing Court SPRINGFIELD HOL SING COL RI 37 ELM STREET SPRINGFIELD,MA 01101 ATTN!KATHY (EST J. MATHIEU DIR OF PUBLIC HEALTH NORTHAMPTON BOARD OF HEALTH Name of Inspector Name of Health Department NORTHAMPTON,MA 01060 212 MAIN STREET City/Town Street si OATH COMPLAINS THAT: Richard Lao,Who's official address is: M &T and Mortgage Company C/O Attorneys Ablitt and Carulo ATTN. Attorney Brian Lamanna 333 North Avenue 4th Floor Wakefield,MA 01880 s and is the said owner of this residential mises located at: 72 Chapel Street,Northampton,MA 01060 Vherein the following violations of the State Sanitary Code exists (Please also see attached report). Enforcement letter attached dated December 14,2004, and which a re inspection was conducted on December 14, 2004 at 2:00pm, and no violations were found corrected. ************************************************************************** On December 13,2004, a representative of the Northampton Board of Health Inspected the premises and determined that the above-noted code violation(s) exits. On December 14,2004, pursuant to the requirements of the State Sanitary Code,the above-noted propert owner was served with a written order to remedy these violations. As of December 14,2004 at 2:00pm, and from day to day thereafter,the above-noted property owner has s intentionally, recklessly, or repeatedly failed to comply with said order. As such, 1 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 report attached to this Complainant's Signature Director of Public Health (413) 587-1214 Date BOARD OF HEALTH OFFICE OF THE MEMBERS BOARD OF HEALTH XANTHI SCRI GEOUR.M R.N.,MPH %ANTHI JAY FLEITMAN M.D. CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health chard Meczywor,R.S.,Sanitary Inspector atricia Abbott,R.N.,Public Health Nurse Madeline Henn,Clerk January 4, 2005 CITY OF NORTHAMPTON MASSACHUSETTS 01060 NOTICE OF COMPLIANCE M & T and Mortgage Company C/O Attorneys Ablitt and Carulo n ^ ATTN. Attorney Brian Lamanna (6/1) 0 b / d` - 87% 3 333 North Avenue, 4111 Floor Wakefield, MA 01880 RE: 72 Chapel Street- Defective Heating Unit and no Heat 212 MAIN STREET NORTHAMPTON,MA 01060 (413)527-1214 FAX(413)587-1221 Dear Attorney Brian Lamanna, On December 14, 2004, you were sent an enforcement order following a Housing Inspection was made at 72 Chapel Street. Violations were observed and an enforcement letter with correction orders was mailed to you. You were ordered to restore the heat in the apartment by repairing or replacing the furnace. A final re-inspection was conducted on January 4, 2005. It was observed that a new furnace has been installed and that the heat is restored to code. All violations noted in the December 14, 2004 enforcement letter were found to be corrected. Therefore,please note that you have complied with the orders issued in the December 14,2004 inspection report. Thank you for your cooperation in this matter. This letter was signed under the pains and penalties of perjury. If you have any questions regarding this matter,please contact me at my office. Ernest J. Mathieu, R.S.,M.S. C.H.O. Director of Public Health •Page 2 cc: Lisa Grant, Tenant COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION ERNEST MATHIEU Plaintiff No . 04-CV-00604 M & T MORTGAGE CORPORATION Defendant NOTICE OF MRCP RULE 41 (a) (2) HEARING The above case will be called for hearing to determine whether the case should be dismissed without prejudice under MRCP 41 (a) (2) for lack of prosecution, at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o' clock, Monday, March 14 , 2005 . •ert G. Fie ds Clerk Magistrate Date : January 24 , 2005 ECMS : SCH-R41A2 THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT CASE NO. 0 C 0660(7 WESTERN DIVISION GO vs . PA CE(Mn p 6/t66 C Defendant(s) mp--reek-mtai-A-fites Plaintiff(s) [ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT [ ] MOTION TO CONTINUE THIS CASE TO: MOTION TO DISMISS [ ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR [ ] MOTION FOR THE ISSUANCE OF A WARRANT AT [ ] OTHER: On behalf of the Plaintiff(s), the undersigned asks that the above indicated action be taken in this case for the following reason(s): 7 It Dated: ()3' [ ] ALLOWED [ ] DENIED CLS: 10-5-00 Signature Title or Capacity Clerk/Asst. Clerk-Magistrate CT CORPORATION February 1, 2005 Earnest.1. Mathieu,RS,MS, CHO Board of Health 212 Main St. Municipal Bldg. Northampton,MA 01060-3191 Re: 72 Chapel St.-defective heating unit and no heat Dear Mr. Mathieu: We are herewith returning the Complaint,which we received regarding the above captioned matter. In order that we may properly process the enclosed document(s),we ul must be make this vided with the full corporate name of the company that it is determination,please note the company's full name on the envelope, return the documents(s)to us and we will be glad to forward it on. Thank you for your cooperation. Sincerely, Yvette Concepcion Process Specialist cb 101 Federol Street Berton,MA 02110 Tel.. 67 757 6404 Fax 617 428 0928 A Woltersaluwer Company rnie Mathieu rom: Ernie Mathieu ent: Thursday, October 27,2005 2:36 PM a: 'Brian LaManna' ubject: RE: Documents our welcome Brian. ----Original Message -or.: Brian LaManna imailto:blamanna @acdlaw.com] ;ent: Thursday, October 27, 2005 2:07 PM Ernie Mathieu :biect: Documents 'r. Mathieu: Jriginal documents received. ['hank you for your cooperation. Irian T. taManna, Esq. 4Bi1TT5 CHARLTON, P.C. 92 Montvale Avenue, Suite 2950 Stoneham, Massachusetts 02301 781-246-8995 Telephone 781-246-8994 Facsimile .rew.acdlaw.com he information contained in this electronic message is legally privileged and confidential under applicable law and the information may be protected from disclosure under the Attorney-Client Privilege and/or the Attorney Work Product Privilege. This electronic message is intended only for the use of the individual or entity named above. It the recipient of this message is not the above-named intended recipient, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited and may carry criminal and/or civil liabilities for unauthorized disclosure, notify dissemination or copying. If you have received this communication in error, p scl y attorney LaManna immediately. Electronic mail is covered by the Electronic Communications Privacy Act_, 18 USC §§ 2510-2521 and is legally privileged. Thank you. FORM 49 -SUBPOENA wireOFFIC RS PE.oa,+ DUCES TtuM REVIEma 1971 F HAmn-et\/ PND BOSTON SASS ulje (Enmmnnwealth of Massac11iwSt )` )oi01 SS. l'yn.........Ezitti l ? N✓+T+t-IC✓,._bit -rig dP Qv3�i� kE)-TH, 22- Matt /oa-n- &t r2N.M olot,o greeting. Thai are aeretiu cummsattbcb,,I in the name of The Commonwealth of Massachusetts, to appear before the.. _ .._. _. 7y(Ot7S 11✓�i Court Lt&J' .aN biviJ io,t/ holden at JPIZIi`(yFICZ 4-) within and for the county of H�pAPDC-f`d on the 6ft‘ day of b£Ce--Pig z at 0 o'clock in the..'T _. noon, and from day to day thereafter, until the action __hereinafter nam/ed-is-heardizy said Court, to gine-evidence_of what you know relating to an action of_ '414(a P1/ftn then and there to be heard and tried between 1_1J A c3 Rt w'r Plaintiff , and `�' r /Ito RTC AGE coRP i2A- ii Defendant , and you are further required to bring with you _.. ..!iI.I..LO(ivLhtT?)y Q11r'`�i-tr Mwtfrvig2 Zeot fro K G;twC.arviM; 7Z.CH(11)C-tJ1V-tri Oct IV"RfhPrifrertiL"; /tcfbili G LA- rtArl'I1D lb CAr'Dr5N3 IN ft 1-19Pr-Tht:{^1- ai" L4JA (11 (^ 11\ ori/ ci'uta"! op- The r_m∎- roa• /N LtJ. . P r'cti.fWrg-i✓tte7!T gm) fitL bourn\&_RQ1s1-tto tN flay le T,C (J.,ctj_Of fcC(QeD lhrtnf fail tint, as you will answer your default under the pains and penalties in the law in that behalf made and provided. Bataut JPRvwfiew A.D. 19 the 1 ft% day of itstren`v iu-� IL _ �a�znquaNt J attm FDA Lt,JA Vt2AM-7 (Ir -V6P-9 rcrrK3 "0 DULUai o' TO THE 7ER OF OFFICE OF THE SHERIFF OF HAMPSHIRE COUNTY CIVIL PROCESS DIVISION 492 PLEASANT ST.f P.O.BOX 684 NORTHAMPTON.MA 011160 ERNEST I.MATHEIU ***Ten and 00/100*** ERNEST S.MATHEIU DIRECTOR OF PUBLIC HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 i Sum a-70n2ne 11/22/2005 '$10.00* VOID AFTER 180 DAYS 10668 DOLLARS II'0 10nians I: 2 1 L8 709 3 51: 5278003 1811' 10.00 ERNEST J.MATHEW Oe# Reference# Caption 1005781 GRANT,LISA vs.M&T MORTGAGE Charge Witness Fee 10.00