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18C-146 • 18C - it-IL 1/6 Commonwealth of Massachusetts SUBPOENA Hampshire ,ss. SUPERIOR Court Docket No.2480CV0053 KATHRYN BROWN, Plaintiffs MRCP Rules 30&45 vs. PARADISE CITY COMMERCIAL PROPERTIES,INC.fka THE HAMPSHIRE PROPERTY O,� MANAGEMENT GROUP,INC.and '9`1O4 T�� ARBELLA MUTUAL INSURANCE ti0 q COMPANY and UNION MUTUAL ,S�tiT�S AOA;- FIRE INSURANCE COMPANY, Defendants. yCS OOC TEST F Su' A To: Keeper of Records Northampton Building Inspector 212 Main St#100 Northampton,MA 01060 Greetings: YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Rules 30 & 45 of the Massachusetts Rules of Civil Procedure to appear on behalf of Defendant, Paradise City Commercial Properties, Inc.,before a Notary Public of the Commonwealth, at THE OFFICE OF McDONOUGH, HACKING & LAVOIE, LLC, 27 CONGRESS STREET, SUITE 404, SALEM, MA 01970,Attorney Matthew Lysiak, at 10:15 a.m. on Thursday,October 31, 2024, and to testify as to your knowledge, at the taking of the deposition in the above-entitled action. * And you are further required to bring with you: SEE SCHEDULE "A"ATTACHED TO NOTICE OF TAKING KEEPER OF RECORDS DEPOSITION PLEASE CONTACT ATTORNEY MATTHEW LYSIAK AT (617)367-0808 SHOULD YOU HAVE QUESTIONS. Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and provided. Dated 9 Matthew Lysiak Attorney for Defendant I( 1 l 1111 27 CONGRESS STREET STE 404 \ MM Address •(PIP ti N Z 1 CDAO 4., -44.'li�9Y PUBL�G //`rq (EALTNO� \\\ //1 ISI ITI \\\\ SALEM,MA 01970 Notary Public City,State, Zip Code COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. SUPERIOR COURT DEPARTMENT CIVIL ACTION NO.: 2480CV0053 KATHRYN BROWN, ) ) Plaintiff, ) ) v. ) ) PARADISE CITY COMMERCIAL ) PROPERTIES, INC. fka THE ) HAMPSHIRE PROPERTY ) MANAGEMENT GROUP, INC. and ) ARBELLA MUTUAL INSURANCE ) COMPANY and UNION MUTUAL ) FIRE INSURANCE COMPANY, ) ) Defendants ) ) NOTICE OF TAKING KEEPER OF RECORDS DEPOSITION Please take notice that at 10:15 a.m.on Thursday,October 31,2024 at the offices of McDonough, Hacking&Lavoie,LLC, 27 Congress Street, Suite 1404, Salem, MA 01970,the Defendant in this action,Paradise City Commercial Properties, Inc.,by its Attorneys will take the deposition upon oral examination pursuant to Rules 30 and 45 of the Massachusetts Rules of Civil Procedure of the Keeper of Records,Northampton Building Inspector,212 Main St#100,Northampton, MA 01060 with respect to all records concerning the Plaintiff, Kathryn Brown. The Keeper of Records is to bring with him/her the documents set forth in the attached Schedule A. This oral deposition will be taken before Epiq Court Reporting,Notary Public in and for the Commonwealth of Massachusetts, or before some other officer authorized by law to administer oaths. The oral examination will continue from day to day until completed. 1 You are invited to cross examine. PLEASE NOTE THAT THERE IS NO NEED FOR A PERSONAL APPEARANCE IF RECORDS ARE AUTHENTICATED AS TRUE, ACCURATE AND COMPLETE AND ARE FORWARDED TO THIS OFFICE ON OR BEFORE THE ABOVE DATE. PLEASE REFER TO SCHEDULE B AND FILL OUT AS APPROPRIATE AND CONTACT US IF THERE ARE ANY QUESTIONS. PLEASE FURTHER NOTE THAT IF YOU INTEND TO APPEAR FOR THIS DEPOSITION IN ADDITION TO PROVIDING THE DOCUMENTS REQUESTED TO PLEASE CONTACT MCDONOUGH, HACKING, AND LAVOIE, LLC AT LEAST 48 HOURS BEFORE THE TIME SCHEDULED FOR THIS DEPOSITION TO CONFIRM YOUR ATTENDANCE SO THAT A COURT REPORTER MAY BE OBTAINED. Respectfully submitted, The Defendant, Paradise City Commercial Properties, Inc. By its Attorneys, /s/Matthew 1..dslaiz Mark B. Lavoie,BBO#553204 Matthew Lysiak,BBO#694611 McDonough,Hacking&Lavoie, LLC 27 Congress Street, Suite 404 Salem,MA 01970 (617) 367-0808 mlavoiegmhlattys.com mlysiak@mhlattys.com CERTIFICATE OF SERVICE I, Matthew Lysiak,hereby certify that a true copy of the above document was served upon all counsel of record by Email on September 16,2024. /s/Matthew Lysiak Matthew Lysiak 2 SCHEDULE A 1. The entire June 2022 building inspection file for the property located at 162 Prospect Avenue, Unit 5, North Hampton, 016060 including all information regarding rear gutters and downspouts. 3 SCHEDULE B Q This is to certify that the enclosed 1 pages are a true, exact and complete copy of the office records on file at 21 Z li ii_ 57. for Kathryn Brown and comprise a true, exact, and complete response to the documents requested pursuant to the Keeper of Records Deposition noticed for October 31,2024. SUBSCRIBED AND SWORN TO UNDER THE PAINS AND PENALTIES OF PERJURY THIS 22`sO DAY OF OCTor3LEQ , 2024. SIGNED: •/ PRINT NAME: eau r M &-55 TITLE: /u 1 i Nc COMM 7S 1 ON 6-V DATE: /0- Z Z - zD ZLJ 4 NorthamptonCity of Jonathan Flagg <jflagg@northamptonma.gov> Water intruson causing damage to my home 1 message Kathryn Brown <thisiskathyb@hotmail.com> Fri, Jun 3, 2022 at 4:21 PM To:jflagg@northamptonma.gov HI Jonathan, I own a condo/townhouse in Northampton. I have a high count of mold believed to be under my flooring. It's been difficult to determine the water intrusion. Would you be willing to take a look? Thank you for your consideration. Best, Kathryn Brown 413-522-6631 h 4;: Ron CitY of Jonathan Flagg <jflagg@northamptonma.gov> 162 Prospect Ave Unit 5 Northampton 1 message Kathryn Brown <thisiskathyb@hotmail.com> Wed, Jun 8, 2022 at 12:56 PM To:jflagg@northamptonma.gov Hi Jonathan, Thank you for your generous time and knowledge today as I seek the cause and solutions for water intrusion in my home. My address again is: 162 Prospect Ave. Unit#5 Northampton, MA. 01060 My condo/townhouse Association : Prospect Woods Management Company: Property Manager Hampshire Property Management Group sbardwell@hpmgnoho.com 413-650-6010 www.hpmgnoho.com PO Box 686,Northampton MA 01061 Thank you for your efforts to make my home safe. My best, Kathryn Brown .. City of . .l�, `�Northasrpton Jonathan Flagg <jflagg@northamptonma.gov> 162 Prospect Ave Unit 5, Northampton 1 message Kathryn Brown <thisiskathyb@hotmail.com> Thu, Feb 23, 2023 at 1:45 PM To:jflagg@northamptonma.gov Hi Jonathan, We spoke last week about my gutters/drainage situation that has not yet been brought up to code by the association management. Now under new ownership, here is their info: The Hampshire Property Management Group is now under new ownership of Brian Megliola/Coldwell Banker Community Realtors. The name and operations remain the same,but the physical location has changed to 79 King Street, Northampton, MA 01060. The Mailing Address remains: HPMG,PO Box 686,Northampton MA 01061 Our Office Address is:HPMG,79 King Street, Northampton MA 01060(effective December 21,2022) Our Staff Contacts:https://hpmgnoho.comfcontact-us/ (remains the same) HPMG,PO Box 686,Northampton MA 01061 The Office Address is: HPMG,79 King Street, Northampton MA 01060(effective December 21,2022) Staff Contacts: https://hpmgnoho.com/contact-us/ (remains the same) Thank you for offering to contact HPMG again. I would like to have a copy of the letter you send out. I look forward to working with you and HPMG to get my drainage in good working order. Thank you, Kathryn Brown , Fob Jonathan Flagg <jflagg@northamptonma.gov> 5 Prospect Woods 1 message Sabrina Bardwell <sbardwell13@gmail.com> Fri, May 12, 2023 at 1:08 PM To:jflagg@northamptonma.gov, Kathy Brown <thisiskathyb@hotmail.com> Hello Jonathan, I am at Kathy Brown's house in Prospect Woods and she said you have been trying to reach me. I've had no missed calls or voicemails. My number is(413)650-6010 please call me at your earliest convenience. Sabrina Bardwell (iclan CilY of Jonathan Flagg <jflagg©northamptonma.gov> Gutters @ 5 Prospect 1 message Sabrina Bardwell <SBardwell@hpmgnoho.com> Mon, Jun 26, 2023 at 10:20 PM To: "jflagg@northamptonma.gov" <jflagg@northamptonma.gov>, Kathy Brown <thisiskathyb@hotmail.com> Cc: "Louise Lucht(Imlucht@gmail.com)" <Imlucht@gmail.com>, Mike Cahallane <m_cahillane@comcast.net>, "Ricki Kantrowitz (rantrowitz@westfield.ma.edu)" <rantrowitz@westfield.ma.edu>, Sean Devlin <sdev49@yahoo.com>, Sophie Schor<sophie.schor@gmail.com> Hello Mr. Flagg, I have an owner at Prospect Woods,Kathy Brown,at unit 5 who said that she has met with you about water intrusion in her. unit. She mentioned that you referred to the gutters not being up to code, and that you have tried to reach out to me numerous times. I have searched my email and have no entails from you,and I have also checked my voicemail and asked my office manager,and no one has received a voicemail. If you do ever need to reach me,please text or call me at 413-650-6010. I would like to also ask that you reply to this email with the information you provided Ms. Brown after your inspection of her unit related to the water intrusion issue. We would like to know your professional opinion on this.Thank you! 5 ;a, Director of. Property Management The Hampshire Property Management Group (HPMG) Office: 79 King St. Northampton, MA 01060 Mailing Address: PO Box 686,Northampton,MA 01061 413-650-6010 www.HPMGnoho.com Our staff works for the most part remotely, so please call or email us before coming into the office, we will assist you in any way we are able. Thank you for your cooperation and help. We wish you all the very BEST GOOD HEALTH. "Life is not measured by the breaths we take,but by the moments that take your breath away." • NOTICE:THIS E-MAIL CONTAINS INFORMATION WHICH MAY BE CONFIDENTLIL OR PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S)OR ENTIT'Y(IES)NAMED ABOVE. IF YOU ARE NOT THE INTENDED RECIPIENT,PLEASE BE AWARE THAT ANY DISCLOSURE,COPYING,DISTRIBUTION,OR USE OF THE CONTENTS OF THIS INFORMATION IS PROHIBITFID. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR,PLEASE IMMEDIATELY NOTIFY THE SENDER AND DELETE THE COPY YOU RECEIVED. .. �ki Lc} Gyty of (��; ',, �Norilznmpion Jonathan Flagg <jflagg@northamptonma.gov> July 7th 1 message Kathryn Brown <thisiskathyb@hotmail.com> Fri, Jun 30, 2023 at 9:54 AM To:jflagg@northamptonma.gov Hello Jonathan, It was good to see you last Tuesday and to know that you are available to meet at my townhouse on July 7th. Please let me know what time you and Sabrina Bardwell, the director of HPMG, plan to come. Again, I wish to thank you for your willingness to share your opinion on my gutters so that the water intrusion causing damage to my home is rectified. Kathryn Brown 162 Prospect Ave, Unit 5 Northampton,MA 01060 Phone: 413-522-6631 • �a-3J of Jonathan Flagg <'fla northam tonma. ov> "" �" `Northampton 1 99@ P 9 Re: July 7th @ 1PM 162 Prospect Ave #5 1 message Kathryn Brown <thisiskathyb@hotmail.com> Wed, Jul 5, 2023 at 11:40 AM To:jflagg@northamptonma.gov Hi Jonathan, The meeting is at 1 pm. I do hope to see you. Again, it is in the rear of Unit 5, 162 Prospect Ave, Northampton. We will meet with Prospect Woods Board member, Louise Lucht and HPMG director, Sabrina Bardwell. We are seeking your professional opinion on proper gutters and drainage for my unit. Thank you for your efforts. Kathryn >On Jun 30, 2023, at 9:54 AM, Kathryn Brown <thisiskathyb@hotmail.com>wrote: > Hello Jonathan, > It was good to see you last Tuesday and to know that you are available to meet at my townhouse on July 7th. > Please let me know what time you and Sabrina Bardwell,the director of HPMG, plan to come. >Again, I wish to thank you for your willingness to share your opinion on my gutters so that the water intrusion causing damage to my home is rectified. > Kathryn Brown > 162 Prospect Ave, Unit 5 > Northampton,MA 01060 > Phone: 413-522-6631 • ; Xo� Jonathan Flagg <jflagg@northamptonma.gov> Meeting: Friday, July 14th @ 1 pm-- 162 Prospect Ave, Unit #5 2 messages Kathryn Brown <thisiskathyb@hotmail.com> Tue, Jul 11, 2023 at 8:46 AM To:jflagg@northamptonma.gov Hi Jonathan, Thank you for saving Friday, July 14th at 1 pm to meet at my home, 162 Prospect Ave, Unit#5. Sabrina from HPMG, along with a Board member, a maintenance person and myself will be there. Your knowledge and opinions on gutters and drainage will be valuable. Thank you. See you Friday, Kathy 413-522-6631 Jonathan Flagg <jflagg@northamptonma.gov> Tue, Jul 11, 2023 at 8:49 AM To: Kathryn Brown <thisiskathyb@hotmail.com> Confirmed, see you then. [Quoted text hidden] Jonathan S. Flagg Building Commissioner City Of Northampton, MA 413.587.1338 0 �i 1 �Nm Jonathan Flagg <jflagg@northamptonma.gov> 162 Prospect Ave. Unit 5 1 message Kathryn Brown <thisiskathyb@hotmail.com> Fri, Jul 28, 2023 at 2:58 PM To: Jonathan Flagg <jflagg@northamptonma.gov> Hi Jonathan, Thank you again for coming to my home on July 14th to meet with my manager, Sabrina Bardwell, Board member Louise Lucht, and JJ Burt, maintenance. As I move forward with repairs, it would be most helpful if you could send me a summary your opinions on my gutters, drainage, slab foundation and the landscape around my unit. Let me know if this is possible . Thank you! Kathy