Loading...
227 Court Paperwork MARTHA COAKLEY Arro wury Game. www.mass.gov/ago THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL WES I ERN MASSACHUSETTS DIVISION 1350 MAIN STREET SPRINGFIELD, MASSACHUSETTS 01103-1629 December 26,2013 Via Certified Mail,RRR and First Class U.S. Mail Patricia Gantes 2589 Santa Anna Avenue, Apt.A Costa Mesa, CA 92627 Re: 227 Bridge Street, Northampton, MA 01060 Notice of Intent to Seek Appointment of a Receiver Dear Ms. Gantes: Tu.:(413)784-1240 FAX:(413)784-1244 This letter concems the condition of the residential premises located at 227 Bridge Street, Northampton,Massachusetts.Public records indicate that you are the record owner of the property. If this is incorrect,please contact me immediately.There are a number of long-standing violations of the State Sanitary Code and other Mw at this property,which has been abandoned and unattended by its owner for a significant period of time. In its present condition,the property is unfit for human habitation and poses a severe, immediate and continuing threat to the health and safety of occupants, trespassers,neighbors and the public in general, in violation of 105 CMR 410.750. For example,recently the property had no heat and a significant water leak. Those conditions would have led to the condemnation of the building had the current occupants not taken care of the repairs due to your inability or • unwillingness to do so. The water leak also left significant structural damage and the potential for the already-present mold in the basement to exacerbate. Additionally, there are multiple other Code violations that were brought to your attention by the City in August and September of this year that have not been addressed, including, but in no way limited to:remediation of the bathrooms and kitchens of both legal units' and remediation of the water heater,electrical systems,and asbestos insulation in the basement. Your failure to secure,manage and maintain the property in the lawful manner allows the poor conditions at the property to continue to deteriorate and endanger occupants,first responders and the public. The State Sanitary Code and other applicable codes and applicable Massachusetts law allows this office and the City of Northampton to petition the appropriate court for the 227 Bridge Street,Northampton,MA 01060 December 26,2013 Page 2 appointment of a receiver. Please be advised that, rayless you contact this office within seven calendar days,a petition for appointment of a receiver will be filed with the Court pursuant to M G L. c 111,§1271(copy enclosed)and the court's general equity jurisdiction. Although we are willing to discuss a reasonable resolution of these violations,conditions require that we commence an action in short order to protect the public's interests should you fail or refuse to comply with your obligations under Massachusetts law as the property owner. If you wish to discuss your intention to resolve these issues to avoid further action,please contact me at the telephone number below or at julie.datres @state.ma.us. We look forward to your prompt reply. Very truly yours, Julie Datres Special Assistant Attorney General 413-523-7703 cc: US Bank,NA; City of Northampton(via email) CITY of NORTHAMPTON PUBLIC HEALTH DEPARTMENT BOARD OF HEALTH MEMBERS:Donna Saloom, Chair-Joanne Levin, MD-Suzanne Smith, MPH, MD- William Hargraves-Cynthia Suopis, PhD STAFF:Merridith O'Leary,RS,Director Daniel Wasiuk, Inspector—Edmund Smith, Inspector—Lisa Steinbock RN,Nurse CORRECTION ORDER Issued under the Provisions of The State Sanitary Code,Chapter I1,Minimum Standards of Fitness for Human Habitation 105 CMR 410.00 Note: This is an important legal document that might affect your rights. Este es un documento legal importante que podria afectar sus derechos. Date Owner Name Mailing address e: No Tenancy !ear Property Owner/Manager: n authorized inspection was made by a designee of the Northampton Health Department of your property located , Northampton,MA on 2013. Due to the nature of the violations that were ted at the time of the inspection,it is our determination that at this time there shall be no tenancy at the property !ferenced above until a designee from the Health Department inspects property and gives permission in writing tat referenced property can be occupied. could you be aggrieved by this decision, you have a right to request a hearing before the Board of Health. This :quest must be made by you, in writing,and filed within 7 days after this notice has been dated. If you request a raring,all affected parties will be informed of the date,time,and place of the hearing,and of their right to inspect Id copy all records concerning the matter to be heard. you or your representative has any questions,please do not hesitate to contact this office. :spectfully, 212 Main Street,Northampton,MA 01060 Ph(413)587-1214 Fax(413)587-1221 COMMONWEALTH OF MASSACHUSETTS MAY 2 2014 WESTERN DIVISION, SS. HOUSING COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION No. 14CV89 ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS, Plaintiff v. PATRICIA GANTES (owner) US BANK NA(mortgagee) KEVIN MAGUIRE (tenant) MONIQUTA HOPKINS (tenant) ANDREW HOPKINS(tenant), Defendants Re: Premises: 227 Bridge Street, Northampton, Massachusetts After hearing on May 5,2014, at which the Plaintiff,Attorney General for the Commonwealth of Massachusetts appeared through counsel,the City of Northampton appeared by counsel, US Bank appeared by counsel, the Receiver, JJS Capital Investment,LLC appeared with counsel, and the tenant,Kevin Maguire, appeared, the Court orders as follows: I. The Receiver's Motion to Amend the Rehabilitation Plan is hereby ALLOWED without opposition. 2. By agreement of the Receiver and Kevin Maguire, the Receiver agrees to alternatively house Mr.Maguire and his household members in an apartment in Springfield until the next review date. 3. Kevin Maguire and his household members are ordered to continue their search for permanent new housing and report on their progress at the next review date. 4. The Receiver shall file and serve a Receiver's Report on or before May 23, 2014. 5. The case is scheduled for further review on May 30,2014 in the Springfield session of this Court and all parties are ordered to appear. Dated: May 2014 The Honorable �R^� Justice of the Ho ling Court-Westem Division COMMONWEALTH OF MASSACHUSETTS WESTERN DIVISION, ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS, Plaintiff v. PATRICIA GANTES (owner) US BANK NA(mortgagee), Defendants HOUSING COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION No. 14CV89 Re: Premises: 227 Bridge Street,Northampton,Massachusetts RECEIVER'S MOTION FOR SHORT ORDER OF NOTICE AND TO HOLD HEARING IN SPRINGFIELD SESSION Now comes the Receiver, JJS Capital Investment, LLC, and moves that this Honorable Court allow the Receiver's Motion to Relieve the Receiver of Obligation to Provide Alterative Housing to Tenants and Receiver's Motion to Amend Rehabilitation Plan be heard on short notice to the parties and that the hearing be held in the Springfield session. As grounds, the Receiver has commenced lead abatement work at the property and is currently alternatively housing the tenants of the property, at a hotel and providing the tenants with a food stipend. The tenants and the Receiver have been informed that the hotel will no longer be available after May 7, 2014 due to the hotel blocks and reservations for urea college graduations. The Receiver has been unable to secure longer term housing for the tenants in an apartment in the Northampton area and the tenants are unable to move out of the Northampton area due to transportation despite the Receiver locating alternative housing in the Springfield arca. The Receiver is also unable to complete further work at the property until the Motion to Amend Rehabilitation Plan is heard as COMMONWEALTH OF MASSACHUSETTS WESTERN DIVISION, SS. ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS, Plaintiff v. PATRICIA CARTES (owner) US BANK NA(mortgagee), Defendants HOUSING COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION No. 14CV89 Re: Premises: 227 Bridge Street,Northampton,Massachusetts RECEIVER'S MOTION FOR SHORT ORDER OF NOTICE AND TO HOLD HEARING IN SPRINGFIELD SESSION Now comes the Receiver, OS Capital Investment, LT.C, and moves that this Honorable Court allow the Receiver's Motion to Relieve the Receiver of Obligation to Provide Alternative Housing to Tenants and Receiver's Motion to Amend Rehabilitation Plan be heard on short notice to the parties and that the hearing be held in the Springfield session. As grounds, the Receiver has commenced lead abatement work at the property and is currently alternatively housing the tenants of the property at a hotel and providing the tenants with a food stipend The tenants and the Receiver have been informed that the hotel will no longer be available after May 7, 2014 due to the hotel blocks and reservations for area college graduations. The Receiver has been unable to secure longer term housing for the tenants in an apartment in the Northampton area and the tenants are unable to move out of the Northampton area due to transportation despite the Receiver locating alternative housing in the Springfield area. The Receiver is also unable to complete further work at the property until the Motion to Amend Rehabilitation Plan is heard as the Receiver determined the scope of the project was larger than expected and did not include the work cited in the Motion to Amend the Rehabilitation Plan. Further, due to the time constraints of this matter and the availability of the Court, the matter will require hearing in Springfield which the Plainti IT, the Receiver and Tenant Kevin Maguire assented to at the last court hearing. WHEREFORE,the Receiver requests that the instant Motion be allowed and that the Receiver's Motion to Relieve the Receiver of Obligation to Provide Alternative Housing to Tenants and Receiver's Motion to Amend Rehabilitation Plan be heard on short order of notice to the parties and be heard in the Springfield session. Date: May HS CAPITAL INVESTMENT, LLC RECEIVER 2014 By Katherine Higgins-She�-sq. -BBO#662738 Lyon& Fitzpatrick, LLP Whitney Place 14 Bobala Road,4'11 Floor Holyoke, MA 01040 (413)5364000 hoc (413)536-3773 CERTIFICATE OF SERVICE I hereby certify that I caused a copy of the within document to be served on the following by first class mail: Attorney Julie Dates Special Assistant Attorney General 1350 Main Street,4'" Floor Springfield,MA 01 103 Patricia Gantes 2589 Santa Anna Avenue,Apt. A Costa Mesa,CA 92627 Patricia Gantes 32 Old Post Road Worthington, MA 01089 U.S. Bank,N.A.as Trustee,successor in interest to Bank of America,N.A., as Trustee (successor by merger to LaSalle Bank National Association)as Trustee for Morgan Stanley Mortgage Loan Trust 2007 1 Xs 60 Livingston Avenue St. Paul,NLN 55107 U.S. Bank,N.A. as Trustee, successor in interest to Bank of America,N.A.,as Trustee (successor by merger to LaSalle Bank National Association)as Trustee for Morgan Stanley Mortgage Loan Trust 2007-lXs c/o Orlans Moran Attorney Paulo Franzese 411 Waverly Oaks Road, Suite 337 Waltham,MA 02452 Kevin Maguire Moniquia Hopkins Andrew Hopkins 227 Bridge Street Northampton,MA 01060 on this_J day of May, 2014. atharine Higgins-She COMMONWEALTH 01?MASSACHUSETTS WESTERN DIVISION,SS. ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS, Plaintiff v. PATRICIA GANTES(owner) US BANK NA(mortgagee), Defendants HOUSING COURT DEPARTMF,NT OF THE TRIAL COURT CIVIL ACTION No.14CV89 Re: Premises:227 bridge Street, Northampton,Massachusetts RECEIVER'S MOTION TO RELIEVE THE RECEIVER OF OBLIGATION TO PROVIDE ALTERNATIVE HOUSING TO TENANTS Now comes the Receiver, JJS Capital Investment, LLC, and moves that this Honorable Court relieve the Receiver of its obligation to provide alternative housing for the tenants. As grounds, the Receiver has commenced lead abatement work at the property and is currently alternatively housing the tenants of the property at a hotel in two rooms and providing the tenants with a food stipend. The tenants and the Receiver have been informed that the hotel the tenants are currently in will no longer be available after May 7, 2014, and generally other hotels in the Northampton area will not be available due to the hotel blocks and reservations for area college graduations. The Receiver has been unable to secure longer tenn alternative housing for the tenants in an apartment in the Northampton area and, despite the Receiver locating alternative housing in Springfield for the tenants, they are unable to move out of the Northampton area due to transportation. After commencing the lead abatement work, the Receiver determined the scope of the lead abatement work is much more extensive than anticipated and the work will take longer to complete than originally anticipated. As such, the length of time the tenants must be alternatively housed will be longer and the cost to the receivership to continue to house the tenants will be more expensive than anticipated. WHEREFORE,the Receiver requests that the instant Motion be allowed and that the Receiver's obligation to alternatively house the tenants cease forthwith. Date: May f ,2014 JJS CAPITAL INVESTMENT, LLC RECEIVER By_ Katharine Higgins-Shea,Esq.-BBO#662738 Lyon&Fitzpatrick,LLP Whitney Place 14 Bobala Road,4111 Floor Holyoke,MA 01040 (413)5364000 Fax(413) 536-3773 CERTIFICATE OF SERVICE 1 hereby certify that I caused a copy of the within document to be served on the following by first class mail: Attomey Julie Datres Special Assistant Attorney General 1350 Main Street,4th Floor Springfield,MA 01103 Patricia Gantes 2589 Santa Anna Avenue,Apt.A Costa Mesa, CA 92627 Patricia Gantes 32 Old Post Road Worthington,MA 010R9 U.S.Bank,N.A. as Trustee,successor in interest to Bank of America,N.A.,as Trustee (successor by merger to LaSalle Bank National Association)as Trustee for Morgan Stanley Mortgage Loan Trust 2007-1 Xs 60 Livingston Avenue St. Paul,MN 55107 U.S. Bank,N.A. as Trustee, successor in interest to Bank of America,N.A.,as Trustee (successor by merger to LaSalle Bank National Association)as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXs c/a Orlans Moran Attorney Paulo Franzcsc 411 Waverly Oaks Road, Suite 337 Waltham,MA 02452 Kevin Maguire Moniquia Hopkins Andrew Hopkins 227 Bridge Street Northampton,MA 01060 on this / day of May, 2014. Kai arine Higgins-Shea, COMMONWEALTH OF MASSACHUSETTS WESTERN DIVISION,SS. ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS, Plaintiff v. PATRICIA GANTES (owner) US BANK NA(mortgagee), Defendants HOUSING COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION No. I4CV89 Re: Premises: 227 Bridge Street,Northampton,Massachusetts RECEIVER'S MOTION TO AMEND REHABILITATION PLAN Now comes the Receiver, IJS Capital Investment, LLC and moves that this Honorable Court approve the attached amendment to the Rehabilitation Plan for the receivership property located at 227 Bridge Street, Northampton, Massachusetts. As grounds for its Motion, the Receiver stales it has commenced the approved lead abatement work at the property and in the course of this work, the Receiver has determined that the scope of the work to bring this property into compliance with the lead law and the State Sanitary Code is larger than anticipated, including but not limited to the additional lead abatement work and structural work, and as a result, it will cost more than what was approved in the Receiver's Rehabilitation Plan. The Receiver has attached an addendum to the Rehabilitation Plan setting forth the additional work to be completed and the expense of such work as well as rut estimate for necessary extermination work. The Receiver reserves the right to motion the Court to amend the Rehabilitation Plan further if additional costs or expenses are identified. WHEREFORE,the Receiver requests that the instant Motion be allowed and that said Rehabilitation Plan be approved. 11S CAPITAL INVESTMENT, LLC RECEIVER Date: May J .2014 By Rath. a Higgins-Shea,Esq. - BBO#662738 Lyon&Fitzpatrick,LLP Whitney Place 14 Bobala Road,4th Floor Holyoke. MA 01040 (413)536-4000 Fax(413)536-3773 JJS Capital Investment, LLC Date: 4/21/14 Property: 227 Bridge Street. Addendum to Receivership Project Plan Category Description Labor Malarial Total Plumbing Install new gas line to fumace to correct gas leak detected en April 18, and red tagged by Baystate Gas Company $725.00 $325.00 $1,150. De-leading Additional-De-leading expenses to reinstall 3 exterior door units, 18 interior door jamb and 35 finish window(casing and jambs)framing due unanticipated/un-orthodox framing of house with post and beam construction $13,560 $9,840 $23,400. Exterior Remove all garbage,debris,and discarded[terns Including numerous bulk items discarded by tenants; Removal of Lees and yard waste 54,000 $ $4,000_ Foundation Structural framing issues Foundation settling and bowing at left front corner of main house;rear foundation supporting addition settling and bowing;water penetration and severe and active , termite activity causing damage to floor member framing for entire lower level and rear of house $22,500 E0,000 $32,500 Basement/ Lowe-unit Replace/sister all necessary floor joists;remove termite damages beams and joist; install proper footing and support columns to Code; reinstall basement ceilings $12,000 $5,000. 517,000 Exterrrdnation• Professionally extermination(PENDING ESTIMATE) and treat as needed See estimate from termite contractor i4g0 Io s April 28, 2014 Saw Construction, LLC Attn: Darrell Williams ejt tt4niMtl $p&4M .Sii,cc 7890 RE: Termites and powder post beetle treatments at 227 Bridge St. in Northampton. Thank you for your consideration of Braman. We provide pest elimination for a wide variety of facilities in the hospitality industry, industrial complexes, hospitals, chronic care, assisted living, apartments, condominiums and residential accounts. Braman prides itself on providing quality service to all our clients since 1890. We are a family run business fn its third generation. Two entomologists and one biologist on staff ensure proper training and quality standards. By taking personal pride in our work, we offer workmanship done with precision and thoroughness Braman inspected the dwelling at 227 Bridge St. on Wednesday April 23, 2014 for wood destroying insects. It was determined that both termite and powder post beetle activity and damage was present. It is highly recommended that wood members such as flooring and be repaired in a manner that it is not in contact with soil. Wood on grade is always at high risk of termite attack. There are areas in the lower level where the ceiling should be removed so that there is access to the now covered beams. This is the only way to properly treat for the powder post beetles. Termite Elimination • Braman can install the Sentricon Termite Colony Elimination System at 227 Bridge St. • The fee for this system installation and two years of service and warranty will be $1885.00. Powder Post Beetle Treatment • Braman can also treat the basement and other exposed beams in the house that have powder post beetle damage for a fee of$3200. 00. Braman will mix and apply BoraCare to these areas. • Braman will warranty the structure against powder post beetle infestation and attack for a period of one year. Thank you for your time and consideration in this matter. I look forward to eaming your business and providing a pest-free environment for you, your owners and your clients. Please call me if I can address any questions or concems. Sincerely, SHAWN J BRADLEY Shawn J. Bradley Sales Manager MA Commercial Certificate 22310 CT Supervisory Certificate S-3399 CT Business License B-0115 Cell: (860) 964-0436 CERTIFICATE OF SERVICE I hereby certify that I caused a copy of the within document to be served on the folio by first class mail: Attorney Julie Datres Special Assistant Attorney General 1350 Main Street, 4t Floor Springfield, MA 01103 Patricia°antes 2589 Santa Anna Avenue,Apt. A Costa Mesa,CA 92627 Patricia Games 32 Old Post Road Worthington, MA 01089 U.S. Bank,N.A. as Trustee,successor in interest to Bank of America,N.A.,as Trustee (successor by merger to LaSalle Bank National Association)as Trustee for Morgan Stanley Mortgage Loan Trust 2007-lXs 60 Livingston Avenue St.Paul,MN 55107 U.S. Bank,N.A. as Trustee,successor in interest to Bank of America,N.A., as Trustee (successor by merger to LaSalle Bank National Association)as Trustee for Morgan Stanley Mortgage Loan Trust 2007-1 Xs c/o Orlans Moran Attorney Paulo Franzesc 411 Waverly Oaks Road, Suite 337 Waltham, MA 02452 Kevin Maguire Moniquia Hopkins Andrew Hopkins 227 Bridge Street Northampton,MA 01060 g on this / day of May,2014. MARTHA COAKLEY ATTORNEY GENERAL www.Rass.guvtago 0 THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL WESTERN MASSACHUSETTS DIVISION 1350 MAIN STREET SPRINGFIELD, MASSACHUSaFIS 01103-1629 TEL: (413)784-1240 FAX: (413)784-1244 February 6,2014 Western Housing Court 37 Elm Street, P.O. Box 559 Springfield, MA 01102-0559 Re: Attorney General for the Commonwealth of Massachusetts v. Patricia Gantes and US Bank,NA. Dear Sir or Madam: Enclosed for filing and docketing in the above-referenced matter,please find the following documents: • Petitioner's Motion to Appoint Special Process Server; • Petition to Enforce the State Sanitary Code and for Appointment of a Receiver; o Affidavit of Julie Datres; o Affidavit of Edmund Smith; o Affidavit of Patti Glenn; • Request for Waiver of Filing Fees; and • Proposed Order on the Petition to Enforce the State Sanitary Code and for Appointment of a Receiver. Kindly schedule a hearing for this matter for 9:00 a.m. on February, 24,2014(or at a date and time thereafter that is acceptable to the court)at the Western Division Housing Court, Northampton Session located at 15 Gothic Street,Northampton,MA 01060. Thank you for your prompt attention to this matter. Very truly yours, Special Assistant Attorney General 413-523-7703 Hampshire, ss. COMMONWEALTH 01' MASSACHUSETTS WESTERN DIVISION HOUSING COURT Civil Action.No. t4 CV ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS Petitioner, v. PATRICIA GANTES, as owner of the property located at 227 Bridge Street,Northampton, Massachusetts,and US BANK,NAL, as mortgagee and party with an interest in the property, Res.endents. MOTION UNDER MASS. R CIV.P 4(0 TO APPOINT SPECIAL PROCESS SERVER In accordance with Mass.R.Civ. P. 4(c), Petitioner,Attorney General for the Commonwealth of Massachusetts, requests that the Court appoint Kevin McCarthy, Director of the Investigations Division of the Office of The Attorney General,or his designee,as process server in the above-captioned action, for the purpose of serving court orders and papers in this action upon the Respondent, US Bank,NA, a foreign corporation which is deemed to have appointed the Secretary of State as its registered agent for service of process within the Commonwealth pursuant to G.L. c. 156D, § 15.10(b), as such personal service is appropriate under Mass. R.Civ. P. 4(d)(1 and 2) Kevin McCarthy or his designee is a qualified person over the age of eighteen and is not As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS a party to this action. As grounds for this motion,the Commonwealth states that the need for immediate service warrants the appointment. WHEREFORE,Petitioners request this court allow alternative service of process. Respectfully submitted, MARTHA COAKLEY ATTORNEY GENERAL By her Attomey Su 'e Datres, BBO#681920 Special Assistant Attorney General 1350 Main Street,4th Floor Springfield,MA 01103 413-523-7703 Dated February G 2014 227 Bridge Street,Northampton 4 (c)Motion Page 2 Hampshire, ss. COMMONWEALTH OF MASSACHUSETTS WESTERN DIVISION HOUSING COURT Civil Action.No. 14 CV ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS Petitioner, v. PATRICIA GANTES, as owner of the property located at 227 Bridge Street,Northampton, Massachusetts,and US BANK,NA',as mortgagee and party with an interest in the property, Res.ondents PETITION TO ENFORCE THE STATE SANITARY CODE AND FOR APPOINTMENT OF A RECEIVER This is a petition by Martha Coakley, Attorney General for the Commonwealth of Massachusetts, seeking enforcement of the State Sanitary Code (the "Code"). The Attorney General asserts that the property owned by Respondent, Patricia Gantes, has numerous long- standing Code violations that pose a serious risk to the health, safety, and well-being of its occupants, abutters, trespassers, emergency responders, and residents of the community. The condition of the property justifies the Court's exercise of its statutory authority and general equity power to appoint a receiver for the purpose of making repairs that are necessary to protect the public health and safety and that are in the best interests of its occupants and the property. JURISDICTION 1. The jurisdiction of this court is founded upon G.L. c. 11 I, § 1271,and the court's equity jurisdiction is created by G.L. c. 185C, § 3. 2. The petitioner, the Attorney General for the Commonwealth of Massachusetts(the As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley Mortgage Loan Trust 2007-1XS "Commonwealth"), is a public official and the Commonwealth's chief law enforcement officer under the constitution and laws of the Commonwealth of Massachusetts. 3. The City of Northampton(the"City"), is a municipal corporation under the constitution and laws of the Commonwealth of Massachusetts. 4. The Respondent,Patricia Gantes("Gantes"),is a natural person with a last known address of 2589 Santa Anna Avenue, Apartment A, Costa Mesa,California,92627. Gantes is the record holder of title to the Property. 5. The Respondent,US Bank,NA2,("US Bank")holds a mortgage covered by the Property. US Bank is a foreign corporation with a principal place of business located at 425 Walnut Street, Cincinnati,Ohio 45202. Pursuant to G.L.c 223A, §3(e), this Court may exercise personal jurisdiction over US Bank because US Bank has an interest in real property within the Commonwealth. Because the Secretary of State's records show that US Bank does not maintain a registered agent for service of process within the Commonwealth, US Bank is deemed to have appointed the Secretary of State as its agent for service of process pursuant to G.L. c. 1 56D, § 15.10(6). See Exhibit 1:Affidavit of Julie Datres ("Datres Aff.") at 11114-5. FACTUAL ALLEGATIONS 6. Respondent Gantes is the owner of record of a two-family residential dwelling located at 227 Bridge Street,Northampton,Massachusetts. See Datres Aff. at 173. 7. The Property has been on the verge of being condemned as unfit for human habitation since at least August 2013, and has the potential to materially impair the health, safety and well- being of occupants,neighbors and/or the public. See Exhibit 2: Affidavit of Edmund Smith at¶¶ 6-15. ("Smith Aff"). See also 105 CMR 410.150, 105 CMR 410.256, 105 CMR 410.351, 105 r As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS 227 Bridge Street,Northampton Petition 2 CMR 410.353, 105 CMR 410.354, 105 CMR 410300, 105 CMR 410304, 105 CMR 410.602, 105 CMR 410.750. 8. The City conducted inspections of the interior of the Property on August 21,2013 and September 4, 2013,citing Gantes for multiple code violations. Id. at¶1 6-7. Gantes abated some minor issues but made no meaningful efforts to comply with the City's orders. Id. at¶8. 9. Occupants of the Property contacted the City on December 15,2013 stating they had no heat. Id. at¶9. 10. On December 19,2013 the City had to turn off the water to the dwelling at the street in order to stop an extreme leak from a burst pipe. Id. at¶ 10. l 1. Due to Gantes' lack of response to the poor conditions at the Property, the occupants have sought to avoid having to relocate because of condemnation by remedying the most extreme of the existing conditions themselves, i.e.,the repair to both the furnace and pipe. Id at 12. The Petitioners conducted ajoint interior inspection of the first floor unit and basement of the Property on December 23,2013. See Datres Aff.at¶6; Smith Aff. at 1111. 13. The Property has an illegal third unit in the basement. See Smith Aff. at¶ 12. This unit suffered significant damage to its ceilings and walls due to the burst pipe, in violation of 105 CMR 410.500 and 105 CMR 410.351. Additionally, the basement has water damage from a leaking hot water heater as well as chronic dampness in violation of 105 CMR 410.351. There is also an accumulation of mold as a result, in violation of 105 CMR 410. 602(B). Id. 14. The basement of the Property also has asbestos pipe coverings in friable condition in violation of 105 CMR 410.353 and 410.500. Id. at¶7. 227 Bridge Street,Northampton Petition 3 15. The Property's legal first and second floor units also are in need of significant remediation to their bathrooms, kitchens,smoke and carbon monoxide detectors,among other issues, in violation of 105 CMR 410.100, 105 CMR 410.150,410.482, 105 CMR 410.500. See Smith Aff. at¶¶ 6-8. 16. The Property has potential issues with its electrical systems and also with possible cross- metering in violation of 105 CMR 410.354. Id. 17. The land surrounding the property has an accumulation of rubbish from the second floor tenant who has recently vacated the Property and left it there,in violation of 105 CMR 410.602 (A). Id. at 13. 18. The Property's present condition has created a significant risk of harm to the occupants' and public's health and safety,including without limitation:the Property's neighbors,trespassers and any unauthorized occupants who may use this property for shelter or to engage in any illegal activities, and to emergency personnel who may respond to any call to service at this Property. As such,it constitutes a public nuisance which, left unabated,justifies civil enforcement at common law,in addition to remedies otherwise provided by statute. 19. On December 26, 2013, the Commonwealth sent letters via certified and first class mail to the Respondent Gantes informing her of the Property's deteriorated condition and the Office's intent to pursue receivership. See Datres Aff. at¶ 8. 20. Although Petitioner has had contact from Gantes and her attorney, she has represented that she is unable to remediate the Property. Id. at¶¶9-10. 21. On December 26, 2013, the Commonwealth sent letters via certified and first class mail to the Respondent US Bank informing it of the Property's deteriorated condition and the Office's intent to pursue receivership. Id. at¶ 11. As of this writing, there has been no contact between 227 Bridge Street,Northampton Petition 4 US Bank and Petitioner. Id. at'1112. 22. In order to detennine the scope and cost of the work required to restore the Property to compliance with all applicable codes, any potential receiver must be permitted to access the Property's interior and exterior for the purpose of conducting a full inspection. See Exhibit 3, Affidavit of Patti Glenn("Glenn Alt") at 116. RELIEF REQUESTED 23. Schedule a hearing for the appointment of a receiver for the 227 Bridge Street Property; 24. Appoint a receiver for the Property pursuant to the Court's general equitable powers and G.1.. c. III, § 1271; 25. Approve a plan, made by the appointed receiver, for the maintenance and repairs of the Property; 26. Order that the receiver secure,repair,and bring into conformity with the State Sanitary Code and other applicable codes and ordinances the Property, pursuant to the plan approved by the Court; 27. Grant such additional relief as the Court deems just and proper. Respectfully submitted, MARTHA COAKLEY ATTORNEY GENERAL By her Attorney Dates. BBO # 681920 Sp-1 ial Assistant Attorney General 1350 Main Street.4th Floor Springfield, MA 01103 413-523-7703 Dated February� , 2014 227 Bridge Street,Northampton Petition 5 Hampshire, ss. COMMONWEALTH OF MASSACHUSETTS WESTERN DIVISION HOUSING COURT Civil Action. No. 14 CV ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS Petitioner, PATRICIA GANTES,as owner of the property located at 227 Bridge Street,Northampton, Massachusetts,and US BANK,NA', as mortgagee and party with an interest in the property, Res.ondents. AFFIDAVIT OF JULIE DATRES JULIE DATRES for her affidavit under oath, states: 1. 1 am a Special Assistant Attorney General and have been assigned by the Attorney General to represent the Commonwealth in this matter. As such, [ am fully familiar with the facts that are recited in this affidavit. 2. On or about December 16, 2013, I conducted a search of the Hampshire County Registry of Deeds to confirm the owners and identify any outstanding lien holders for the property located at 227 Bridge Street,Northampton,Massachusetts(the"Property"). 3. My search revealed that on July 7,2006 the Property was conveyed from Susan Kasa and Kazimierez Kasa to Patricia Gantes via Warranty Deed. This deed was recorded in the Registry on July 7, 2006 in Book 8786, Page 23. 1 As Trustee.Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley Mortgage Loan Trust 2007-I XS 4. The Property was conveyed subject to a first mortgage with the First Bank of Arizona. This mortgage has two recorded assignments and is currently held by Respondent US Bank,NA2 ("US Bank"). This assignment was recorded in the Registry on May 25,2012 at Book 10917,Page 243. US Bank is also listed as claiming an interest in the Property on the SCRA Order of Notice that was issued to Gantes dated December 4, 2012. This notice is recorded at Book 11166, Page 111. 5. According to the Secretary of the Commonwealth's records,US Bank does not maintain a registered agent within the Commonwealth. Additional research of the online records of the FDIC revealed that it maintains a principal place of business at 425 Walnut Street, Cincinnati, OH 45202. 6. On December 23,2013,the Office of the Attorney General and the City of Northampton visited the first floor apartment at the Property and the basement. We observed the most pressing poor conditions in the apartment's bathroom and kitchen. In the basement we viewed the illegal apartment which had a partially collapsed ceiling due to the burst pipe, as well as numerous poor conditions,deteriorating systems and questionable wiring. Attached here as Exhibit A are photographs of the Property accurately depicting its condition on that date. See Ex. A. 7. During the December 23,2013 visit,the City of Northampton provided the Office of the Attorney General with the last known address of Respondent,Patricia Gantes. 8. On December 26, 2013,the Office of the Attorney General sent letters via both first class and certified,return receipt requested, mail to Patricia Gantes describing the Property's 'As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS Julie Datres Affidavit 2 conditions and the intent of The Office of the Attomey General to commence an action to remedy the violations of the State Sanitary Code existing at the Property. See Exhibit B. 9. On January 8, 2014, in response to the December 26,2013 letter, I received an email from Patricia Gantes requesting that I contact her to discuss the situation. Upon calling Ms. Gantes,I learned that she was represented by an attorney and advised her that I would need to discuss the matter with her attorney. 10. On January 9, 2014 I spoke with Gantes' attorney, Alan Verson. He informed me that he had filed a Chapter 13 bankruptcy for Gantes that was recently dismissed. He stated that Gantes did not have the means to remedy the conditions existing at the Property. I advised Attorney Verson of my Office's intention of proceeding with petitioning the court to appoint a receiver. 11. On December 26,2013,the Office of the Attorney General sent letters via both first class and certified,return receipt requested.mail to US Bank,NA,describing the Property's conditions and the intent of the Office of the Attorney General to commence an action to remedy the violations of the State Sanitary Code existing at the Property. See Exhibit C. 12. On January 6,2014, 1 received the return receipt card from US Bank. 13.As of this writing, I have had no contact from US Bank. Signed under pains and penalties of perjury this 4 day of February 2014. Julie Danes Affidavit tres 1 Assistant Attorney General Hampshire, ss. COMMONWEALTH OF MASSACHUSETTS WESTERN DIVISION HOUSING COURT Civil Action.No. 14 CV ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS Petitioner, v. PATRICIA GANTES,as owner of the property located at 227 Bridge Street,Northampton, Massachusetts,and US BANK,NA'.as mortgagee and party with an interest in the property, Res.ondents. AFFIDAVIT OF EDMUND SMITH EDMUND SMITH for his affidavit under oath, states: 1. I am employed by the City of Northampton (the"City")as a Health Inspector,a position I have held since March of 2011. In this capacity I am authorized and mandated by the Northampton Board of Health to inspect and enforce ordinances,rules,and regulations required under the Massachusetts State Sanitary Code,and the regulations promulgated thereunder, 105 CMR 410.00(the"Code"). 2. I am personally familiar with the history of the conditions at the residential property located at 227 Bridge Street(the"Property"). which is the subject of the receivership petition by the Attorney General in the above-captioned matter,as set forth in this affidavit. 3. The Property is a multi- family residential dwelling left unattended by its owner. 4. Violations of the State Sanitary Code(the"Code")have existed at the Property since at Least 2009. See Exhibit AA, copies of City notices and orders. As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS 5. In 2010, a clandestine drug laboratory was discovered in the attic. See Exhibit BB,Copies of City notices and corrective orders. 6. On or about August 21, 2013,I conducted an inspection of the first floor unit of the Property. As a result,the City issued a corrective order to Respondent for 24 Code violations. See Exhibit CC,August 21, 2013 Order. 7. On or about September 4, 2013, 1 conducted an inspection of the second floor unit of the Property and the basement. As a result,the City issued a corrective order to Respondent for 17 Code violations. Additionally,the DEP confirmed the presence of friable asbestos pipe coverings in the basement and directed the tenants not to disturb the asbestos. See Exhibit DD, September 4,2013 Order. 8. The Respondent made minor repairs to address the corrective orders,but not all of the Code violations were abated. Additionally, some of the repairs involved shoddy workmanship that did not remedy the violations. 9. On December 12, 2013, I received an e-mail from the first floor tenants stating that their unit had no heat. The tenants informed me when they contacted the Respondent about the situation, the Respondent informed them that she"gave the house back to the bank." The tenants used space heaters until the furnace was repaired and paid for the repairs to the furnace themselves. See Exhibit EE e-mail correspondence. 10. On December 19,2013 due to a burst pipe and excessive water leaking,the water to the entire Property had to be shut off at the street. The pipe likely burst as a result of the basement tenant vacating and the pipe freezing due to extreme cold. Again,the first floor tenants paid to repair the pipe as the Respondent was unresponsive. 11. On December 23,2013 the City and the Attorney General's Office visited the first floor apartment at the Property and the basement. We observed the most pressing poor conditions Smith Affidavit 2 in the apartment's bathroom and kitchen. In the basement we viewed the illegal apartment which had a partially collapsed ceiling due to the burst pipe, as well as numerous poor conditions,deteriorating systems and questionable wiring. 12. The Property currently has two legal units and an illegal third basement unit. Occupants of the basement and second floor units have vacated. As of this signing,the first floor unit is occupied by four(4)adults and an infant On January 24,2014,these tenants expressed their plans to vacate. See Exhibit EE email from tenant. 13. On January 29,2014 I visited the Property again. There were a significant number of trash bags left by the previous second floor tenant. Again, in order to avoid a condemnation order, the first floor tenants stated that they would pay for the removal of the rubbish. 14.The City and the State have additional concerns regarding the infant's health and safety. Remediation of the Property should include hiring a licensed lead paint inspector to test the Property. 15. I have been monitoring this Property and as of this date of signing, 1 have found no additional work in progress. Unless action is taken immediately,the conditions will continue unabated,and the occupants and public will continue to face risks to their safety. Signed under pains and penalties of perjury this a of February 2014. ` dmund31 Health Inspector Northampton Health Department Smith Affidavit COMMON Hampshire, ss. ALTH OF MASSACHUSETTS WESTERN DIVISION HOUSING COURT Civil Action.No. 14 CV ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS Petitioner, v. PATRICIA GANTES,as owner of the property located at 227 Bridge Street,Northampton, Massachusetts,and US BANK,NA',as mortgagee and party with an interest in the property, Res,ondents. AFFIDAVIT OF PATTI GLENN Patti Glenn for her affidavit under oath states: 1. I am currently employed as Manager of JJS Capital Investment, LLC. I have held that position since February of 2009. 2. I am a member of the Massachusetts Bar in good standing. I also am certified for moderate risk lead paint abatement. Additionally, I am a licensed real estate broker. 3. For twelve(12) years I have been involved in the real estate and construction industry in the state of Massachusetts. My activity in this field has included extensive construction and real estate activity in Hampden County,including the buying, rehabilitation and sale of distressed property. 1 am also experienced in property management and have managed a portfolio with as many as forty-nine (49)rental units. As Trustee,Successor in Interest to Bank of Aruerica,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley Mortgage Loan Trust 2007-I XS 4. I have served as a receiver for the City of Springfield for approximately two (2) years. I have been and am currently involved in returning multiple properties to Code compliance and productive use and occupancy. 5. I last visited 227 Bridge Street(the"Property")in January 2014. Based upon my observations of the exterior of the Property,the information I have received from the Attorney General's Office and my prior experiences with other distressed properties, it is my expectation that I will be able to complete the repairs necessary to bring the Property up to Code. 6. However, in order to determine the economic feasibility of this project,I must have access to the interior of the building with Court approval to conduct a full inspection and assessment. It would be my intention to do this and report back to the Court with a recommendation and proposed budget within two weeks of my inspection. Signed under the pains and penalties of perjury this Ce4jd`ay of February 2014. ,'Iccb Patti G. Glenn t ij. Manager,JJS Capital Investment Springfield Hampshire. ss. COMMONWEALTH OF MASSACHUSETTS WESTERN DIVISION HOUSING COURT Civil Action. No. 14 CV ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS Petitioner, v PATRICIA GANTES, as owner of the property located at 227 Bridge Street,Northampton, Massachusetts, and US BANK,NAB, as mortgagee and party with an interest in the property, Res.ondents. REQUEST FOR WAIVER OF FILING FEES ON PETITION TO ENFORCE THE STATE SANITARY CODE AND FOR APPOINTMENT OF A RECEIVER Now comes Martha Coakley, Attorney General for the Commonwealth of Massachusetts and hereby respectfully requests this Court waive all filing fees on its petition to appoint a receiver for the Property known as 227 Bridge Street, Northampton, Massachusetts on grounds that the Attorney General is appearing in her official capacity on the Commonwealth's behalf and not as a private party and is therefore exempt from paying a filing fee under G.L. c. 262, §2. Respectfully submitted, MARTHA COAKLEY ATTORNEY GENERAL By her Attorney Dated if (o , 2014 O #681920 S., cial Assistant Attorney General 1350 Main Street, 4`h Floor Springfield,MA 01103 413-523-7703 As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS Hampshire,ss. COMMONWEALTH OF MASSACHUSETTS WESTERN DIVISION HOUSING COURT Civil Action. No. 14 CV ATTORNEY GENERAL for the COMMONWEALTH OF MASSACHUSETTS Petitioner, v PATRICIA GANTES,as owner of the property located at 227 Bridge Street,Northampton, Massachusetts,and US BANK,NA', as mortgagee and party with an interest in the property, Res.ondents. PROPOSED ORDER FOR APPOINTMENT OF RECEIVER UNDER G.L. c. 111,41271 It appearing that violations of the sanitary code in property located at 227 Bridge Street, Northampton MA 01060 owned by Patricia Gantes who has granted a mortgage secured by the property to US Bank NA,will not be promptly remedied unless a receiver is appointed,and that such appointment is in the best interest of the property and general public, the application under G. L. c.l 11, §1271 for the appointment of Patti Glenn ofJJS Capital Investment, LLC as receiver is allowed. The Receiver shall file with the Court for its approval a proposed budget and scope of work by weeks of its appointment,which is , 2014. This case shall be further heard at the Northampton session of the Western Division Housing Court, located at 15 Gothic Street, Northampton, Massachusetts on ,2014 at a.m/p.m. The owner shall forthwith file a list of all mortgagees and lienors, whether or not of record. and all other persons having any financial interest in the property. The plaintiff shall forthwith serve by certified mail copies of this order and of the complaint,motion,and other papers which support it, upon all mortgagees and lienors and others known or believed to have a financial interest in the property. The receiver shall promptly repair the property and maintain it in a safe and healthful condition. The receiver shall have full power to borrow funds and grant security interests or As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA) as Trustee for Morgan Stanley.Mortgage Loan Trust 2007-1 XS liens on the affected property,to make such contracts as the receiver may deem necessary. The receiver is authorized and directed to collect all rents and to apply the rents to payment of any repairs necessary to bring the property into compliance with the sanitary code and to necessary expenses of operation,maintenance,and management of the property, including insurance expenses and reasonable fees of the receiver,then to payment of unpaid taxes, assessments, penalties or interest, and then to any payments due mortgagees and lienors of record The receiver shall have a lien,effective when recorded in the registry for the county in which the property is located,with priority over all other liens or mortgages except municipal liens,to secure payment of any costs incurred and repayment of any loans for repair,operation, maintenance or management of the property.The receivers lien may be assigned to lenders for the purpose of securing loans for repair,operation,maintenance or management of the property. The receiver shall not be required to furnish bond or surety,but shall provide proof of suitable liability insurance to be approved by the court. Liability of the receiver shall be limited to the assets and income of the receivership,including proceeds of insurance purchased by the receiver in capacity as receiver. The receiver shall in no instance be personally liable for actions or inactions within the scope of the receivers capacity as receiver.No suit shall be brought against the receiver except as approved by the court which appointed the receiver. The receiver shall serve and file with the court and with all parties of record, on a bimonthly basis, an accounting of all funds received by and owed to the receiver, and all funds disbursed. Nothing in this order shall relieve the owner of the property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner,nor shall this appointment suspend any obligation the owner or any other person may have for payment of taxes,of any operating or maintenance expense, or of mortgages or liens, or for repair of the premises. So entered on this , 2014 Page 2 Hon. Justice-Western Division Housing Court Proposed Order: 227 Bridge Street,Northampton BOARD OF HEALTH MEMBERS DONNA C.SALLOOAI,GtWR SIRANNE SMITH,M.D. JOANNE LEVIN,M.D. Benjamin Wocd,MPH,Director Patricia Abbott,RN,Public Health Nurse DaNN Waaluk,Health inspector Edmund Smith,Health Inspector Heather MCBdde,Okra CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH (413)587-1214 FAX(413)587-1221 212 MAIN STREET NORTHAMPTON,MA 01080 Notice of Compliance Date:July26,2011 To:Whom it may concern From:Ben Wood MPH Re:227 Bridge Street On October 11'a,2010 the Northampton Health Department was notified by the Northampton Fire Department and Federal Drug Enforcement Agency that a clandestine drug laboratory was found to be present in the attic of 227 Bridge Street,Northampton.The Health Department had concerns about residual contamination from the drug manufacturing process and ordered the property owner(Patricia Gantz)to thoroughly clean the apartment prior to it being re-occupied After further consideration,the Northampton Health Department has made a determination that there likely was only a very small risk of residual contamination in the attic(where the chemicals were found)and likely no risk in the second floor living space.This determination coupled with the property owners'actions of thoroughly cleaning the attic and second floor living space is sufficient to close this case with no conceals for future inhabitants of this property.This notice does not declare that the property is in full compliance with 105 CMR 410.00(Chapter 11 of the State Sanitary Code),simply that the Northampton Health Department does not believe there is ongoing risk from the clandestine drug laboratory found to be present in October of 2010. Ben Wood,MPH Director,Northampton Health Department /'t„tat, CZZGi" e-e to /Jc..?.iGlo t jK�c/rd BOARS OF HEALTH 1 CITY HALL , COMPLAINT RECORD Date: //!Z%-f ITime: ( './b I Map: Parcel: Name Complainant jff ��fi&,zq Address: // / '-- Z9 7 41240 Jl.. Tel: 3v/-3.24f� NATE OF COMPLAINT: ut/I.% Viii ,,,,> d ry -f%l 9 aa1-1Z76.n c2fie%XD�£a. 9 Location: /� Ownery jib///i , 4/ .y✓7 C-I13 Address: .D.2,.-i '^-Jslc Sba-e.1- _.. TeH4,,4S __..... Taken by: (Date of Inspection: Time: INSPECTOR'S REPORT: C<Itrd an Illr; to.;1- —o I Itt1 ,ky Stt.i-L.J trvpat„'N cx II Its 0:o0 , Action Taken: DrSJ*' MOO4.ris — SB6 rareffirsmi _.. nspector Signature November 18, 2009 - Pati a-Gant;•-. .__. ._ ._ 227 Bridge Street Northampton Ma 01050 Re: 227 Bridge Street, lower unit Dear Ms.Gantt, In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter 11:Minimum Standards for Human Habitation. An Inspection was conducted by Aimee Petrosky at 227 Bridge Street Northampton Ma. a property owned by you, nn November 17, 2004. The Following Violations were noted: Code Number Violation Date of Correction Comments 410.255 3 Bedrooms, December 7, 2009 Please have bathroom and Certified kitchen all on same electrician check circuit breaker.. electrical panels for safety and Provide BOH with electrical report. 410.354 Circuit that controls December 7, 2009 Please have rooms mentioned Certified above is in breaker electrician check box labeled as accuracy of what `Owner Box'and box is for what . not lower unit" box unit.Provide BOH with electrical report 410351 Kitchen sink leaks December 7, 2009 into bucket 410.503 Basement stairs December 7, 2009 h Via e no Handrail. 410.351 1)Kitchen Counter December 7, 2009 is rotting and pulling away. 2)Kitchen cabinet under sinks is The Northampton Board of Health is acting under the authority of MASSACHUSEI IS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter 11: 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 December 7, 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_sl"iall 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 rotting. .. - . . -. 410.190 Water Temp in Kitchen sink 95.4, Bathroom sink 94.8 Degrees Fahrenheit 11 2 3/2 0 0 9 410252 Unable to determine if there Is appropriate separation of two hot water heaters. In addition there are three units but only tvuoabaery2'bl€hot water heaters. December 7, 2009 Referred to Plumbing Inspector. The Northampton Board of Health is acting under the authority of MASSACHUSEI IS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter 11: 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 December 7, 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_sl"iall 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 Aimee Petrosky From: Roxy Gantes(roxygantes @me.cwn] Sent Monday,November 30,2009 8.48 PM To: Roxy Gantes Cc: Aimee Petrosky; Ben Wood;karhathaway@comcast.net Subject Re: 227.Bridge Street GANTES/HATHAWAY 11/29/09 Dear Mr. Hathaway, Mr. Wood & Ms. Petrosky: Just to let you all know we have a registered Plumber for (Code 410.503) coming out tomorrow at 1 pm. I emailed and called Mr. Hathaway earlier today to give him proper notice. I am confident the plumbing problem will be resolved tomorrow and I will let you all know the results. I am requesting an extension on the (Code 410.503) counter and cabinet replacement due to costs and availability of professional to install. Can I have an extension, please? As far as the statement that I gave Karl Hathaway 30-day-notice as retaliation to his contacting the Health Department, Mr. Hathaway did give his verbal notice prior, my post written notice was an attempt to get a date so I fill my units and pay my mortgage. I believe after today, through mediation and a phone call with Mr. Hathaway that we are working on a solution that both parties are happy with. Looks like he is trying to move by the 1st of January and my hope is we continue to communicate our needs to each other and resolve them together without a third party. The Below are the codes in question and how they either have been resolved or what actions are in place to correct them. Codes '410.255, 410354 Electrical Issues: Registered Electrician, Roger Milo will be inspecting the codes in question,Thursday, December 3, 2009 at 8 am. Code ' 410.351 Code 410.503 Kitchen sink leak has been corrected on 11128109. Code 410.503 Basement Rail has been corrected 11/28/09. Code 410.352 There is an incorrect statement on the report dated 11/17/09. I have three water heaters not two. All of the water heaters are appropriately separated per purchase inspection. I am officially asking for an extension on the above items (Code 410.503), if this email is not the proper way to request an extension, can you please inform me what 1 need to do to get an extension? Sincerely, Patricia "Boxy" Gantes