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7 Order to Correct Violations & Inspection Qtommonwealtll of HAMPSHIRE,SS. Judith Dunaway Trust, v. Felicia Criscuolo, PLAINTIFF DEFENDANT To Edmund Smith Board of Health,Northampton 212 Main Street Northampton, MA 01060 ri assacltusetts HOUSING COURT DEPARTMENT WESTERN DIVISTION CIVIL ACTION NO.: 111179 SP 002432 SUBPOENA GREETINGS. YOU ARE HEREBY COMMANDED, in the name of the Commonwealth of Massachusetts to appear before the Superior Court Department holden at Northampton, within and for the County of Hampshire, on Monday, July 25, 2011, at 11:00 o'clock in the forenoon, and from day to day thereafter, until the action as aforesaid is heard by said Court, to give evidence of what you know relating to said action then and there to be heard and tried. HEREOF FAIL NOT, as you will answer your default under the pains and penalties in the law in that behalf made and provided. Dated at: Greenfield, Massachusetts,this 21st day of July, A.D. 2011. Attorney hint,/ ..1-YfMain Street, PO Box 548 Address Greenfield, MA 01302 State Ci 1 or Town Curran,Notary Public y Commission Expires: June 23, 2017 NMA WPM ICIDRIM x CaliOMNOX 0i wSYM.QEtt9 VYCOMOi Witt u,11117 BOARD OF HEALTH MEMBERS DONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health tricia Abbott,R.N.,Public Health Nurse Javeria Mir,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 7 PLEASANT STREET This is an important legal document. It may affect your rights. You may obtain a translation of this form at: 212 Main St, Northampton Ma Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 212 Main 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 Main 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 Main St, Northampton Ma Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: 212 Main St, Northampton Ma To jest wazne legalny document. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212 Main St, Northampton Ma NORTHAMPTON BOARD OF HEALTH City Hall, 212 Main Street Northampton, MA 01060 Tel#: (413) 587-1214 BOARD OF HEALTH MEMBERS GONNA C.SALLOOM,CHAIR SUZANNE SMITH,M.D. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health :ricia Abbott,R.N.,Public Health Nurse Javeria Mir,Health Inspector Heather McBride,Clerk CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 Date: 4/4/2011 By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and 127B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of Me dwelling named in the attached report, and found it to be in violation of the Minimum Standard of Fitness for Human Habitation. A list of the violations is enclosed. You are hereby ordered to begin necessary repairs, or contract in writing with a third party within five(5) lays (of the date on this letter), and to make a good faith effort to substantially correct within thirty(30) days, as of the date of this letter, all violations recorded on the report. You are further ordered to correct any violations followed by an asterix (*) within twenty-four hours of receipt of this notice.These are violations or conditions, which endanger the health, or safety and well-being of the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the occupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection form. A reinspection will be conducted, as indicated, to determine compliance. You are entitled to a hearing, provided a written petition is received within seven (7) days.You are also entitled to be represented by counsel and have the right to inspect and obtain copies of all relevant reports, orders and notices. Any adverse parties also have the right to appear at the hearing. Every occupant shall give the owner, agent or employees, access, upon reasonable notice, for the purpose of correcting these violations. (CMR.810) Failure to comply with this order may result in a fine of not less than ten,nor more than five hundred dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship and to obtain the appropriate private permits where necessary. Your immediate attention will be appreciated. If you have any questions, please contact this office. Sincerely, Ben Wood, MPH Director,Northampton Health Department Inspection Form Northampton Board of Health, 212 Main St., Northampton, MA 01060,413-587-1214 SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation tspector: Dame/Wasmk, If violations are observed and checked describe them fully on Page 3. late: 313112011 Time: #3:30 pm #Occupants: 1 #Children <6 Years NA 7 Pleasant Street Unit# City/Town: Northampton ,ddress: Iccupant Name: Felicia Criscuolo Phone#4130-7827-8845 lwner Name: Jordi Herold Phone# 413-587-4581 Winer Address: 1 Short Street City/Town:Northampton Zip Code: 01060 Dwelling/Rooming Units in Dwelling: 1 #Stories: 4 Floor Level of Unit: 2,3,4 Sleeping Rooms: 1 #Habitable Rooms: _„_,, c...:.r. Title: Health Inspectors tspector: Dame/Wasmk, If violations are observed and checked describe them fully on Page 3. Area or Element Type of Violation Use blank boxes for ones not listed Possible SeClJde(s) lit Observed Responsible Party • Owner Occupa nt Exterior, Yard & Porch Locks 480 Posting, ID, Exit signs/emergency lights 481,483,484 Handrails, steps, doors windows, roof 500,501,503 Rubbish—storage and collection 600,601 Maintenance of Area 602 Common Areas& Entry Light,windows 253,254,501 Egress 450,451.452 Handrails 503 Door 501 Interior Halls &Stairs Floors, walls ceilings 500 Hallways, railings, stairs(balusters) 503 X X Light, windows 253.254,501 Header facing on stairwell opening 410.500 X X Railing (none for back stairs 2"°to 3f0 floor) 503(b) X X Bedroom 1 Location (circle): Front Rear Middle Left Middle Right Floor of Unit Level Ventilation 280 height 401,402 r Windows, screen Windows,s, 501,551 Wall 500 Bedroom 2 Location (circle): Front Rear Middle Left Middle Right Floor Unit Level of Ventilation 280 Ceiling height 401,402 Windows, screen 401,551 Bathroom Toilet, sink, shower,tub, door 150 Smooth, impervious surfaces 150 Lights, ventilations 251,280 outlets, Floors/walls (ceiling) 504 Kitchen Sink, stove, oven; good repair, impervious and space refrig 100 smooth, Lights, outlets, ventilation,windows, screens 251,280,501, Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) .'if Violation Observed Responsible Party Owner Occupa nt Kitchen, Cont. 551 Ceiling height 401,402 Floor 504 Floors/Walls 500 _lying room and Dining Room Lights, outlets, ventilation 250.280 Ceiling height 401,402 Windows/screens 501, 551 Ceiling condition (sheetrock detaching)(4r°floor living area) 500 X X Sink Basement Maintenance 500 Watertight 500 Lighting 253 Water Source(circle): Public Private Must be potable 180 Quantity, pressure 180 Responsible for paying MGL ch 186 s 22, metering 354 °f Hot Water Fuel Type(circle): Natural Gas Oil Electric Other Temp.: 56 Location taken: Kitchen Quantity, pressure, 110 F min, 130 max 190 Venting 202 Heating Type(circle): Forced Hot Water Forced Hot Air Steam Electric No units 200 portable "Habitable room and every room with toilet, shower, tub" 201 • 68F 7 am to 11 pm,64F 11:01 pm to 6:59 am, except 6/15-9/15 • 78 F max in heating season/measure 5 feet wall,5 feet floor Venting, metering 202,354,355 Electrical Type(circle): 110 220 Amp: Amperage, temporary wiring, metering 250,255,256, 354 Drainage, Plumbing Type(circle): Public Private Sanitary drainage required and maintained 300,351 Smoke 8 CO Detectors Required &operational 482 Emergency lights Pests Free of pests(rodents, skunks, cockroaches, insects) 550 Structural maintenance and elimination of harborage 550 Asbestos or Lead Paint 353,502 Curtailment 620 Access 810 Other Mechanical room: damaged plaster,open to 500 X Area or Element Type of Violation Use blank boxes for ones not listed Possible Code Section(s) ✓if Violation Observed Responsible Party Owner Occupa nt framing ..inspection Date: Written description of any violation(s) checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the health, safety, and well-being of any person(s)occupying the premises Area/Element, Code Citation and Description of Violation lairs to 4th floor living area: balusters too widely spaced; MA 105 CMR 410.503: 1)Between all required guardrails and open handrails, balusters placed at intervals no more than six inches, or any other omamental pattern between the guardrail or 3ndrail and floor or stair such that a sphere six inches in diameter can not pass trough the opening.Any balusters or ornamental work constructed or replaced after ugust 28, 1997 shall have no space greater than 4'h inches and in all use groups [her than R-4, shall not be constructed as to provide a ladder effect(780 CMR 1021 nd 3603.14). Stairs to 4th floor living area: header facing in disrepair: 10.500:Owner's Responsibility to Maintain Structural Elements !very owner shall maintain the foundation,floors,walls,doors,windows, ceilings, roof, staircases, porches, chimneys,and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent-proof,watertight and free from chronic dampness, weathertight,in good repair and in every way fit for the use intended. Further, he shall maintain every structural element free from holes, cracks, Dose plaster, or other defect where such holes, cracks,loose plaster or defect renders he area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. No railing backstairs 2n° to 3`"floor 110.503:Protective Railings and Walls The owner of all dwellings shall provide: (A)A safe handrail for every stairway that is used or intended for use by the occupant as required by 780 CMR: Massachusetts State Building Code. 4'" floor living area: ceiling sheetrock detaching multiple locations around perimeter of room: 410.500:Owner's Responsibility to Maintain Structural Elements Every owner shall maintain the foundation,floors,walls,doors,windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow,and is rodent-proof,watertight and free from chronic dampness, weathertight, in good repair and in every way fit for the use intended. Further, he shall maintain every structural element free from holes,cracks, loose plaster,or other defect where such holes, cracks,loose plaster or defect renders Acceptable Remedies Add sufficient balusters to existing balusters Secure loose trim Provide handrail on this stair Repair sheetrock as necessary cf ❑ Electric ❑ Fire ❑ Plumbing X Building 0 Other :terra!: inspection report is signed and certified under the pains and penalties of perjury. Js Signature: z� spector or Occupant's Representative Signature: :cupant _ - -. r kyles• 2-in nm ..inspection Date: Written description of any violation(s) checked above Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000. NOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the health, safety, and well-being of any person(s)occupying the premises Area/Element, Code Citation and Description of Violation lairs to 4th floor living area: balusters too widely spaced; MA 105 CMR 410.503: 1)Between all required guardrails and open handrails, balusters placed at intervals no more than six inches, or any other omamental pattern between the guardrail or 3ndrail and floor or stair such that a sphere six inches in diameter can not pass trough the opening.Any balusters or ornamental work constructed or replaced after ugust 28, 1997 shall have no space greater than 4'h inches and in all use groups [her than R-4, shall not be constructed as to provide a ladder effect(780 CMR 1021 nd 3603.14). Stairs to 4th floor living area: header facing in disrepair: 10.500:Owner's Responsibility to Maintain Structural Elements !very owner shall maintain the foundation,floors,walls,doors,windows, ceilings, roof, staircases, porches, chimneys,and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent-proof,watertight and free from chronic dampness, weathertight,in good repair and in every way fit for the use intended. Further, he shall maintain every structural element free from holes, cracks, Dose plaster, or other defect where such holes, cracks,loose plaster or defect renders he area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. No railing backstairs 2n° to 3`"floor 110.503:Protective Railings and Walls The owner of all dwellings shall provide: (A)A safe handrail for every stairway that is used or intended for use by the occupant as required by 780 CMR: Massachusetts State Building Code. 4'" floor living area: ceiling sheetrock detaching multiple locations around perimeter of room: 410.500:Owner's Responsibility to Maintain Structural Elements Every owner shall maintain the foundation,floors,walls,doors,windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow,and is rodent-proof,watertight and free from chronic dampness, weathertight, in good repair and in every way fit for the use intended. Further, he shall maintain every structural element free from holes,cracks, loose plaster,or other defect where such holes, cracks,loose plaster or defect renders Acceptable Remedies Add sufficient balusters to existing balusters Secure loose trim Provide handrail on this stair Repair sheetrock as necessary cf area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. Mechanical room walls &ceiling: damaged plaster open to framing: .500:Owner's Responsibility to Maintain Structural Elements Ty owner shall maintain the foundation,floors,walls,doors,windows,ceilings, roof, aircases, porches,chimneys, and other structural elements of his dwelling so that e dwelling excludes wind, rain and snow, and is rodent-proof,watertight and free rm chronic dampness,weathertight, in good repair and in every way fit for the use ended. Further, he shall maintain every structural element free from holes, cracks, ;e plaster,or other defect where such holes,cracks, loose plaster or defect renders area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage. Repair sheetrock as necessary (I of 'HE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY ]SE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. . Rent Withholding(General Laws Chapter 239 Section 8A). f Code Violations Are Not Being Corrected you may be entitled to hold back your rent payment. You can do his without being evicted if You can prove that your dwelling unit or common areas contain violations which are serious enough to ;ndanger or materially impair your health or safety and that your landlord knew about the violations before you mere behind in your rent. 3. You did not cause the violations and they can be repaired while you continue to live in the building. tou are prepared to pay any portion of the rent into court if a judge orders you to pay for it. (for this it is best ut the rent money aside in a safe place.) Lepair and Deduct(General Laws Chapter 111 Section 127L). s law sometimes allows you to use your rent money to make the repairs yourself. If your local code 9rcement agency certifies that there are code violations which endanger or materially impair your health, sty or well-being and your landlord has received written notice of the violations, you may be able to use this iedy. If the owner fails to begin necessary repairs (or enter into a written contract to have them made) within days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in year to make the repairs. Retaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section 18 and Chapter 239 stion 2A). owner may not increase your rent or evict you in retaliation for making a complaint to your local code i,rcement agency about code violations. If the owner raises your rent or tries to evict within six months after a have made the complaint he or she will have to show a good reason for the increase or eviction which is related to your complaint. You may be able to sue the landlord for damages if he or she tries this. Rent Receivership (General Laws Chapter 111 Sections 127C-H). e occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into urt rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent rney as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' rt. Search of Warranty of Habitability. m may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not set minimum standards of habitability. Unfair and Deceptive Practices (General Laws Chapter 93A) airing an apartment with code violations is a violation of the consumer protection act and regulations for hich you may sue an owner. HE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU ECIDE ANOATTORNEY, YOU SHOULD CONTACT THE ADVISABLE NEAREST LEGAL USERVICES FFICE WHICH IS: Western Mass Legal Services Tel: 413-781-7814 One Monarch Place, Suite 4001 Springfield,MA 01144 Inspection Form Northampton Board of Health,212 Main St.,Northampton, MA 01060,413-587-1214 SSC 105 CMR 410.000: Chapter II,Minimum Standards of Fitness for Human Habitation Date: ;c3Y!y ,/ #Occupants: #Children<6 Years' , Unit# '. City/Town: ;,Northampton • s Occupant Name: c. ° Owner Name: '. PFone# a + emestain Owner Address: ' Stories: Fl ;teve of S Dwellings Rooming-Units in Dwelling: itSleeping:R If violations are observed and checked,describe them fully on Page 3. &ea or ' Type of Violation lement Use blankboxesfor ones notlisted xterior, Locks fard & Posting, ID, Exit signs/emergency lights Porch Handrails, ste s, doors windows, roof Rubbish—storage and collection Maintenance of Area ommon Light,windows ireas& Entry Handrails Door rrior Halls Floors, walls ceilin t Stairs Hallwa railin Light,windows • stairs 1 b .iwrlf idroom 1 Location(circle): Front of Unit Ventilation Ceilin. hei.ht Windows, screen Wall sdroom 2 Location(circle): Front Rear Middle of Unit Ventilation ear Middle Possible /if '- Code Violation Section(s) Observed 480 481,483,484 500,501,503 600,601 602 253,254,501 450,451,452 503 501 500 Responsible Party; • Owner -;Oocupa` 253,254,501 4- (pm inert Left Middle Right Ceili hei•ht Windows, screen athroom Toilet, sink, shower, tub, door Smooth, im.ervious surfaces 280 401,402 501,551 500 Lett Middle Right ,l,,,d _ror- Foor vel 280 401.402 501,551 150 50 F oor Level rea or lement Typeof Violation Use blank boxes for Ones not listed, Possible Code Violation Section(s) Observed Lights, outlets,ventilptions Floors/walls _ l•N :itchen Sink, stove,oven; good repair impervious and smooth, space refriq Lights, outlets, ventilation, windows, screens 251,280 itchen, cont. ing room d Dining Room 504 100 Responsible Party et;,*:Occupa nt . Ceiling height Floor 251,280, 501 551 401,402 504 FloorSmalis Lights, outlets,ventilation Ceiling height- •^/ Windows/screens Ceiling condition Sink tsement Maintenance Waterti Li•htin ht 500 25D.280 401,402 501,55 500 500 253 Water Source(circle): Public Private Must be otable Quanti , •ressure Res•onsible for of Water leafing 180 MGL ch 186 s 22 meteri Fuel Type(circle): Natural Gas Oil Electric Other taken: Kitchen Quanti , •ressure, 110 F min, 130 max Venti —i �•�/ G✓eu3 T •e arc e . Forced Hot Water Forced Hot Air .ortable_...-_ "Habitable room and every room with toilet, shower, tub" • 68 F7 am to 11 pm,64 F 11:01 pm to 6:59 am, except 6/15-9/15 • 78 F max in heating season/measure 5 feet wall,5 feet floor Ventin•, meter' :lectrical T • • circle : 110 220 Am Amperage, temporary wiring, metering Temp.: 56 °f Location 90 1 202 Soo 1 Steam Electric 201 202,354,355 frontage, numbing Sanita ircle : Public Private ired and maintained 250,255,256, 354 take&CO R letectors draina 300,35 uired &o•erational Emer•enc li•hts 482 as or :Type ofVolation meat Use•blank boxes for•ones not ests Free of "-sts i Structural maintenance and elimination of harbors se sso odents,skunks,cockroaches, insects Possdible -' Loe Section[!)_ 550 stos or Paint iilment ss r v • y ❑ Electric ❑ Fire 353.502 620 810 kr 500 Violation Observed ❑ Plumbing $ Building ❑ Other Referral: nalties of perjury. This inspection report is signed and certified under the p ai, and Pe Inspector Signature: Occupant or Occupant's Representative Signature: Reinspection Date: • gu6v4A C-11C 6 cu D /4v ? C /.-p° P,~ c •Responsible.Pady• ,.Owner= Occcupa;;• 3OARD OF HEALTH MEMBERS ANNA C.SALLOOM,CHAIR SUZANNE SMITH,M.O. JOANNE LEVIN,M.D. STAFF Benjamin Wood,MPH Director of Public Health Abbott,R.N.,Public Health Nurse nund Smith,Health Inspector niel Wasiak,Health Inspector Heather McBride, ii Herold hort Street thampton, MA 01060 1111, 2011 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFIC BOARD OF HEALTH NOTICE OF COMPLIANCE COMPLIANCE WITH ORDERS 212 MAIN STREET NORTHAMPTON,MA 01060 Ear Mr. Herold, rest, March owned or initial Housing you. Violations twere observed aand property n forcementdletter with Sant rrection orders was mailed to you on 4/4/2011. final re-inspection was conducted on May 9 at 1:00 pm. I violations noted in the 4/4/2011 enforcement letter were found to be corrected and therefore, ease note that comlled with all of the correction orders issued in the inspection report. his letter was signed under the pains and penalties of perjury. If you have any questions regarding lis matter, please contact me at my office. sincerely, / � Edmund Smith, Health Inspector, Northampton Health Department 1-0 PraiC 6-/v12-0 QLemmonDltattfl of HAMPSHIRE,SS. Judith Dunaway Trust, v. Felicia Criscuolo, PLAINTIFF DEFENDANT To: Edmund Smith Board of Health,Northampton 212 Main Street Northampton,MA 01060 1,I assadhunntts HOUSING COURT DEPARTMENT WESTERN DFVISTION CIVIL ACTION NO.: 111179 SP 002432 SUBPOENA GREETINGS. YOU ARE JIEBEBY COMMANDED, in the name of the Commonwealth of Massachusetts to appear before the Superior Court Department holden at Northampton, within and for the County of Hampshire, on Monday, July 25, 2011, at 11:00 o'clock in the forenoon, and from day to day thereafter,until the action as aforesaid is heard by said Court,to give evidence of what you know relating to said action then and there to be heard and tried. HEREOF FAIL NOT, as you will answer your default under the pains and penalties in the law in that behalf made and provided. Dated at: Greenfield,Massachusetts,this 21st day of July,A.D.2011. i.ld'7 Main Street,PO Box 548 Address Greenfield,MA 01302 Clot or Town Stare . Curran,Notary Public y Commission Expires: June 23,2017 JLAAcaw wftwot CtuarAtimttwSWGtern5 ; ane H. Esser.Esq. sa G. Kent,Esq. lia A. Curran-Legal Assistant - ESSER�. DIANE LAW OFFICES de8ser(tesser-1aw.com Ikent@esser-1aw.com jcurran(Pesser-law.COm THIS IS A TRANSMISSION BY FACSIMILE DATED: TO: Fax: FROM: Telephone: Fax : July 21,2011 Northampton Board of Health 413.587-1221 Julia Curran for Lisa G. Kent,Esq. 413-774-7085 413-772-2555 Pages (Including cover): 2 Subpoena for Edmund Smith cc; Mark A.NeJame,Esq. (via fax 413-315-5270) This transmission and any fries transmitted with it may contain confidential and/or privileged material and is intended only for the person or entity to which it is addressed Any review, retransmission, dissemination or other use of or taking of any action In reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this fax in error,please note the sender immediately and delete this material from all known records. 117 Main Street.P.C.Box 548•Greenfield, MA 01302 •Phone:413 774,7085 •Fax' 41 3 7722555 www.eser law core