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3 Complaints 1998-2006 Name of Complainant Address *BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date -/ �' 7 Time / �'� Tel. Nature of Complaint o A� Location of Premises Owner Address Occupant Taken by __- Date of inspection INSPECTOR'S REPORT Action Taken z Referred to Time Inspector - YIP HOARD OF HEALTH • JOHN T: JOYCE,Chairman PETER C. IL=NNY, M.D. Michael R. Parsons PETER J. McERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 Tel, 141315WAX 586-6950 Ext. 214 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FFITNESS FOR HUMAN HABITATION" AT Apt. 1-A. 3 Pomeroy Terrace. Northampton ORDER ADDRESSED TO: Donald & Josephine Shaw DATE January 8, 1986 9 Pomeroy Terrace Northampton, MA 01060 COPIES OF INSPECTION REPORTS ISSUED TO: Michell Cranston, Eric LaPoint 3 Pomeroy Terrace, Apt. 1-A Northampton, MA 01060 This is an important legal document. It may affect your rights. You may obtain a translati, of this form at: Isto e um documento legal muito importante que podere afectar os seus direitos. Peden adqui- uma tradupao deste documento de: Le suivante est un important document leg al. pourrait ourrait of Eecter vas droits. Vous pouvez . obtenir une traduction de cette forme a: Questo e un documento legale importante. Potrebbe avere effetto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir una traduccion de esta forma en: To jest waine legalny dokument. To mole miec wplyw na twoje uprawnienia. Mozesz uzyskac tTumaczenie tego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass. . Tel. No. (413) 586-6950 Ext. 214 The Northampton Board of Health has inspected the premises at Apt. 1-A, 3 Pomeroy Terrace , Northampton (assessor's map 32A parcel 186 .) , for compliance with Chapter II of The State Sanitary Code. This letter will certify that the inspections revealed violations, listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter 111, Section 127 of the Mass. General Laws, and Chapter II of The State Sanitary Code, you are hereby ordered to make a good , faith effort to correct the following violations within twenty-four (24) hours from the date of receipt of this order. REGULATION 410.482 410.501 ' VIOLATION smoke detector in the apartment is not operable left front window is not weather- tight, putty has fallen out and storm window is broken 410.480 (E) both windows lack security locks REMEDY repair/replace the smoke detector and make operable repair broken window, re- putty and make weathertight provide locks The conditions listed below must be corrected within fourteen (14) days of the receipt of this notice. 410.500 410.504 (3) walls above the bathtub are badly deteriorated, tiles missing 410.150 (A) (1) toilet seat cover is broken/ missing 410.351 kitchen sink cold water faucet is faulty, cannot be adjusted the rear burner on the stove is faulty 410.500 the entry door lock is Faulty and difficult to operate repair the walls, replace missing tile and re-caulk replace broken toilet seat repair the Faucet repair/replace the burner repair the door lock and make operable Notice to Donald and Josephine Shaw, dated January 8, 1986 to correct violations far property located at Apt. 1-A, 3 Pomeroy Terrace, Northampton. REGULATION VIOLATION REMEDY 410.400 (A) the floor space in the apartment limit occupancy to no more is approximately 240 square feet than two (2) persons which is adequate for up to two (2) persons only If you have any questions concerning this notice, please contact the Board of Health office. Very truly yours, /LC Peter J. McErlain Health Agent PJMc/ec Certified mail #P417 862 468 '0 Name of C mp ainant • sA a 1�e `, TA- A dress ,- a Nature of Complaint • BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date Men Otaig Time Tel Locate i on remises of P Owner Address Occupant Taken by Date of inspection Time INSPECTOR'S REPORT Referred to Action Taken Inspector t;Lf . /' /F - /D , /S CHAPTER II STATE SANITARY CODE dress 3 i. 9�J '� '-)y�V ` Occupant's Name . of Occupants Apt. # of Dwelling Units pe of Structure B F M # Habitable Rooms tier Bathroom 410.150 # of Stories Address of Owner Regulation # Bedrooms Violation rc water between 1200 & 1400 . .190 i inrentilee... - -fi •.,,d 6ilet and seat . .150 A(1) sh basin . .150 A(2) , ,L„- I" ower or tub . .150 A(3) - -i■ri e+.=; Efficient cold water . .350 A _ _ _ oor . .5001 _ _ .. _-•. - __ _ �• 1 is . .500 iling . .500 ■ ■," . ( .or . .500 G .,{_ ( gh . .252 A ntilation . .280 A or B .umbing connection & drains . .350 Kitchen 410.100 R Reggulation V Violations t tcher. sink sufficient size . n.CJJ�'- ove and oven � . 00 A(2) n )ace for refri•era tor . .100 A(3) S ,_,� Mr SI so A __ , Outlets (electrical . .251 B le electrical light fixture . .251 A ills . .500 !fling . .500 oor . .500 nntilation (window) (mechanical) . .251.6 1d water (sufficient pressures) , ,350 A X X yi tt water . .190 06/ '.ndows . .500 I IO p 0 mrs . .500 Y .reens (door & window) . .551 & .552 Lumbing connection & drains . .350 V V Living Room R Regulation V Violations islets (2 or one with light) . .251 B ighting . .251 A Is . .500 piling 4 -10�" " , loon 0 450L- Endows . .500 � eens . .551 ‘ � " ‘../3k."--41-6 - icks (windows) . .480 E Pantry or Dining Room R Regulation V Violations itlets (2 or one with light) . .251 B fighting . .251 A ills . .500 :fling . .500 loo r . .500 indow . .500 :reens . .551 acks . .480 E • cio Regulation Violations fficienf natural lighting .250 A outlets or 1 .251 B ght with 1 outlet .251 A 11s .500 fling .500 oor .500 .ndows .500 :reens .551 or .500 there adequate Lace for occupant? .400 Sleeping Room #2 efficient natural lighting .250 A .251 B outlets or 1 fight with outlet .251 A ills .500 Liling .500 Loor .500 endows .500 :reens .551 oor .500 s there adequate pace for occupant? .400 Sleeping Room #3 ufficient natural lighting .250 A outlets or 1 .251 B ight with outlet .251 A alls .500 eiling .500 loor .500 indows .500 creens .551 oor .500 s there adequate pace for occupant? .400 Common Area & Exit (Interior nterior area illuminated properly .253 A & B findows .500 :creens .551 lours .500 Railing .500 Jails .500 ?loors .500 Stairways .042 :ommon bathroom clean .151 Common Area & Exit (Exterior) lhimney .500 Porches .500 Foundation .500 itairs .500 ;arbage & rubbish .601 Private ways .600 ;utters and down spouts .500 Roof .500 Lead paint .502 Entry lights .253 B Regulation V L services working and available 670 _. heating facilities in good aair? - .200 at 68 o and 6 700 A F R t water 1206 to 1400 740 oilities vented 907 ace heater - .ro.er 700 R nporary wiring 956 sectscan service adequate 955 a.` sects and rodents t 550 0 I ; fr f elling sanitary 607 & 452 Miscellaneous L a, r /vo . t A Date e next scheduled reinspection is: //Y/16 Title a.m. p.m. Time a.m. p.m. Date Time A Date: //Z//98 Time: Map:374 Parcel: /86 Name of Complainant: ,EijC 77/O9i2- + - r SSG/V/iW Address: 3 Pon7E, 72/T xe9Ce fir Tel:S&*ale (gage WI NATURE OF COMPLAINT: •FiFr 9Z9P09 NOT er k'e /YG • Sn/�N�X..w/ cN'AP/N6 ABINr. • 40Ce ein-ag Nor oftefri-wTL Location: Owner: j iaY/NE SiYHN) (4r,v4zOs¢)SIF,5 rd/W Address: (/ 1St,Oa.E 57/Pt-r TeL .eyz// Taken by: IDate of Inspection: /_Z$_9er Time: 44.70pp1 /-22-y8 me en- INSPECTOR'S REPORT: / 22— ye le:4 a p-.I)0 isc..S,,vN e.//e4/ R"•rw NT by tNcr.•N PKala55 FeC HON-/4yeee.rDF.9CN - /..e4-y8(4"ie m) 7Nm'JC/ON [Q Spo2E a ze,%O,Q Nn y NOT et 0,0&fi/dV4L -I/[FO£70 EE Gde(FfC ' Vd Coop BOL2tR Apr WsRX'/N6 /V/4•ST,,) w/O'l/n (3) 0'0 Sri*iN,CTTC•W,y,✓I S a,,Nrr:O ..-&e!//Ptl. ,ts 444, C*t//NC /OM-354) Action Taken: i-2 8 (r4snn) r$c--eo nrE wArGr•• • Witt. rn,ce Cla n'E 9t 7204'<sN NGDY VOrnet t& cb/C Hecr SrAC4 rills is n v,e:.F/c4 [MY)cN /fJ ,s4tiieG'S SMMEo,,rt /a=sip✓sit • Inspector Si z at re OA✓/O e /hcd4N BOARD OF HEALTH MEMBERS JOHN T.JOYCE,Chairman ANNE BURES,M.D. :YNTHIA DOURMASHKIN,R.N. :TER J.McERLAIN,Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 (413)587-1214 )RDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: 3 Pomeroy Terrace, #5, Northampton, MA 01060 DATE: January 29, 1998 ORDER ADDRESSED TO: COPY COPIES OF REPORT TO: Josephine Shaw 9 Pomeroy Terrace Northampton, MA 01060 Eric Tkacz or Jeff Bergman 3 Pomeroy Terrace, #5 Northampton, MA 01060 This is an important legal document. It may effect your rights You may obtain a translation of this form at: Ilsto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: 1Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo a un documento legate importante. Potrebbe avere effectto sui suoi diritti. Lei pu6 ottenere una traduzione di questo modulo a: (Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccien de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel#: (413) 587 - 1214 The Northampton Board of Health has inspected the premises at 3 Pomeroy Terrace, #5, Northampton, MA (assessor's map 32A parcel 186 .), for compliance with Chapter II of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations within SEVEN DAYS of the receipt of this order. GULATION VIOLATION REMEDY ).351 (1) Doorbell not operational. (2) Kichen sink and drainboard had been painted....is now peeling and chipping. (1) Repair doorlbuzzer mechanism in an approved manner. (2) Repair/replace kitchen sink in an approved manner. ).482 Hardwired smokelheat detector may not be operational. Have detector checked out by a qualified electrician and insure that unit is fully operational. Inspection of the premises was made on January 28, 1998 at approximately 4:10 pm. If you have any questions regarding this abatement order contact the Board of Health office. Very truly yours, David E. Koch Sanitary Inspector Northampton Board of Health This inspection report is signed and certified under the pains and penalties of perjury. CERTIFIED MAIL# P 082 852 894 ti PY Date: /-6- 71 I Time: I Map: ?2/i I Parcel' /R6 Name of Complainant (70/94 C0/79 fig Address: 3 PDmrAY r±)ee//4e,n Tel:, 41-6GS7 NMEN NATURE OF COMPLAINT: CofK/CoH6NES . --- 57»areo &/R/NG TammlR O44t p Y//AS 9/OT/Fit4p .. .ramnfrS weet G/l/E/>l BG?IC /3 640 To /om39r /Nr'FSrrra - Location: Owner: ,_/OSeP///1Lf If.S%Bm/ /57so1/M/ cN9ov>-inuAsas Address: 7 pp/VnieU/7fla9lc Aarryi'iwa4 414 p/p6 o ITel:376-64/74/ e srac) Taken by:I2z I Date of Inspection: /- 7. 77 Time://uo,SY) INSPECTOR'S REPORT: O L9Seni1/97/04/5- 61-'4/-tt 49/D. 71-MOd6NOt- "/-g. '• coNgto9Uics Ov6/L° OBS€,eYF D519./ e994/1tS Rc4'1.erni T119r7 4/b6 4669404 Ron two CH Cc me f-I/-49(/'2ojn) COIL FTOM 7EN/hr-. . SAr Y/La --Sr/<c 9ujE • /- I/-%? (c./opM) c ?MF4, /- I/- 9 tCt &/-0C90c F9091 ST9140-G/4Gvr I3."an/WFVI:/7 9 RMMCN Ha tief/,v e/w,/oIM rntrro/N--. NAs 4 CefV rNc - 'a"ty9 MPr No m//e OF F /jp/ // - FS/^fi a/001,1/ - V2tfr c9G7V7E - - CAI/OXTC/OE ECOcYP/'Aui /meI/16sR% Du,F4/Ac...--A4719SS I(.Vllcn'D MA Action Taken: k°P°s ro /jflt A97. rr /-//-976:40 M7/ C/914,f0 TE,V/Nrs -- mill OF FRS wA/Cumin✓,ct,esvD lAre° e"- 'y o✓eso . ;SQoZS c✓/cr 7 /Nfo,Un/4G .0 9NNFlJ Ttf9r9✓avr BOARD OF HEALTH CITY HALL COMPLAINT RECORD y i Date: i{.j/J- �j Time: Map: Parcel: Name of Complainant: S7�Fi''m Xc9k2c/1 ,y�,�. s _,$6-�g Address: ,� 7f� Tel: u Pc 7tj�cY7�it?u �c� ,;?7 NATURE OF COMPLAINT: ?-7/,' v LAP in COPY Location: A Owner: ✓ °z/l/ih2 Sslr9/21 Address: ' PtrclE4V 7 ,i,e:Act Tel: teY7%6C,'Y•7!%I. PAP, n:6'GD Taken by: %5' Date of Inspection: " $ aK3 Time: f),- ;w.ry INSPECTOR'S REPORT: e,/ % O2axT1 316/c 3 , mow PI,oIols)Taken Ch.n Box g ES I Action Taken. (.� y J.Jcbt, Date: _ IL l i 2003 From: S-i'Ct h en V 4 c u J t c.k 3 ?a,t,ero[y reauca - To: ) rese{ mHe E ka■ c/o,Ckuw3 73- Roid9C Rd Nor fM„ ti orCGo Dear Landlord,I am writing to tell you that the following conditions, which violate the state sanitary code, exist in my apartment: Vvt o fI Cockroach infestation 410.550 Ant infestation 410.550 No heat(inadequate heat) Code 410.200201 Inadequate lighting in common areas(porch, entrance not lit) Code 410.250 Inadequate exits (no emergency exit) 410.550 Rotting wood above shower stall. 410.750 Refrigerator not in good working condition 410.351 Insufficient hot water (in kitchen sink) 410.180 Hole in kitchen ceiling 410.500 I have notified you about many of these conditions and given you reasonable time to make repairs. For example, I notified you about the cockroach infestation about one month ago, I told you about the insufficient heat over one year ago, and I told you about the refrigerator about six months ago. My most pressing concern is the cockroach infestation. Because you have failed to make repairs, t will withhold my rent until all the illegal conditions in my apartment are fixed. I certify that I sent this letter to TosehihC S r tow by regular mail on: `t � e3 P.S. Susan Leech at HCAC helped me to prepare this letter, I hereby authorize my landlord and the Board of Health to contact Ms. Leech at 582-4230 ext 101 to discuss my case if needed. Cc Dkk„a Kock1Un , 84 hikg14 2 S� Holt(.-uk gbv-\ 30ARD OF HEALTH MEMBERS 3D P.BRUNSWICK,M.D.,Chair JAY FLEITMAN,M.D. ISEMARIE KARPARIS,R.N. IR J.McERLAIN,Health Agent (413)587-1214 FM(413)587-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET,ROOM 8 NORTHAMPTON,MA 01080 RDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: 3 Pomeroy Terrace, Apartment Number 1, Northampton, MA 01060 DATE: May 6, 2003 ORDER ADDRESSED TO: COPY OF REPORT TO: Josephine Shaw 9 Pomeroy Terrace Northampton, MA 01060 Stephen Kacavich 3 Pomeroy Ave. Apt 1 Northampton, MA 01060 ® COPY This is an important legal document. It may effect your rights You may obtain a translation of this form at: Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradcao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti Lei pub ottenere una traduzione di questo modulo a: (Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: ITo jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel#: (413) 587-1214 The Northampton Board of Health has inspected the premises at 3 Pomeroy Terrace # 1, , Northampton, MA (assessor's map 32A parcel 186.), for compliance with Chapter II of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants Under authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations Within 14 days of receipt of this order. Inspection of the premises was made on May 5, 2003 at approximately 10:30 am. If you have any questions regarding this abatement order contact the Board of Health office. *NOTE: Contact the building inspector's office in order to determine what actinn if any can ha takpn to cnrrant this enrass vinlatinn. If it nannnt ha VIOLATION REMEDY IULATION 501 (B) The front door opens and closes with excessive effort. Repair or replace the front door so that it does not open or close with excessive effort. .253 The front porch light is not under the control of the tenant. can light switch tch so that thette electrical porch light. .351 The exhaust fan over the stove is inoperable. the Rair or replace the exhaust fan over .351 The refrigerator door in the kitchen is broken. door.Repair or replace the refrigerator .550 There is evidence of cockroaches in the apartment. Exterminate ate cockroaches using a .452 This is an Illegal residence since there is no second means of egress. * Inspection of the premises was made on May 5, 2003 at approximately 10:30 am. If you have any questions regarding this abatement order contact the Board of Health office. *NOTE: Contact the building inspector's office in order to determine what actinn if any can ha takpn to cnrrant this enrass vinlatinn. If it nannnt ha corrected, this dwelling unit must be declared uninhabitable, vacated and no longer rented as habitable space. Very truly yours, Richard J. eczy o , RS Sanitary Inspector Northampton Board of Health This inspection report is signed and certified under the pains and penalties of perjury. CERTIFIED MAIL# 7001 1940 0005 1331 7255 Cc Anthony Patillo Building Commissioner CHARLES ABEL Northampton Fire Inspector Robert Tomaskowicz talks with Josephine Shaw,who owns Shaw's Motel and the house next door at 3 Pomeroy Terrace,where officials were notified of mountains of debris Monday. Tenant's debris a hazard Landlord rues act of kindness By DAN CROWLEY Staff Write NORTHAMPTON — Stephen P. Kacavich, 47, was living in a shanty along the railroad tracks off Bridge Road when Josephine Shaw rented an apartment to him at 3 Pomeroy Terrace two winters ago. "I took him in when he was desper- ate,"said Shaw,as she watched health and fire officials gather around a mountain of debris overflowing from Kacavich's front door Monday. "You try to be decent and help them outand this is what happens," said Shaw, 87, as she pointed to shopping carriages filled with trashbags con- taining unknown materials on her property "This is a sample of it." Health inspectors Monday con- CHARLES ABEL Tomaskowicz talks with Stephen Kacavich, who has lived at 3 The Tern f Pomeroy Terrace for the past two winters, about health hazards in ! other s geee ofu the house and its blocked entryway. of bitter ba TAMPA, Fla. on Tuesday rE sertion of Ten denying an em brain-damagel had been de backed by the U.S. Distra more said tl parents, Bob not establishe of success" E their argumei Whittemore and liberty ii tected by Flor difficult and stances," he constrained I issues before Rex Sparkl ing Terri S lawyers were the 11th Cin Atlanta to"sa was already whether Teri process had Howard Si] the America] Florida, prai: judge did is people to m decisions wit. clans." Bobby Sc brother, said 'lb have to this is abso ABC's "Goo Tuesday "1'E it in a roor as well." • See JUDC Issue renev in liv The Washin demned Kacavich's first-floor unit, a cavernous dwelling packed floor to ceiling in some areas with avast assort- ment of objects and debris, from appliances and clothes to cardboard boxes and overstuffed trash bags. "It's condemned as unfit for human habitation," Health Agent Ernest J. Mathieu said Mondhy."Nobody can live there." As of Monday night, Kacavich, who was evicted, has seven days to clean out the apartment; he can only enter the unit between 7 a.m. and 7 p.m. for that purpose, Mathieu said. Officials said the place is infested with cockroaches, and donned protec- tive gloves when entering the apartment Another second-floor tenant in the building arrived home Monday and told "We are police that there are cockroaches in here—the her unit. right," said "This is!as bad as it gets," said Aging With Inspector Richard J. Aging WithE Meczywor, after stepping out of. more than as we usua • See DEBRIS/Back of section hnw haai 1 experts arou Organizal'. to take step they becom flooded by p Web sites. TUESDAY, MARCH. 1JrntiflU so many objects inside and ■ Continued from Page Al outside his home. Be said he. Kacavich's jam-packed apart- would try,to to remove them. take sometime -.. "It's gop1g, who stopped meet. said Kacavich, n opped Mathieu sbe staying with paying rent months ago.° he would be staying said he me six months to accumulate." o umuamb"r� relative.The health agent Kacavich rattled with the: was concerned about g, though of complaints he has cleaning out the building, including poor access, first priority the aparunentales property fuse b'ox and a roach problem: first heopla e •cannot He said he has lost power several' "The exter ted n odes times since he has lived in ere: cleanly exterminated until it's apatment. reinspect t said apartment who must He said many of the items anyone the ephereeatbefore outside his apartment, which. anyone ran live to oe again. include pieces of wood, bulgnog.. .I. Shaw, who also awns -trash bags,and overstaffedb'aMs Motel next door, said there are are useful objects- 'I! 1i bull units in the apartment Hb a board passersby ''...1 P Office lists though the Assessors themselves.. Office lists occup Most of the "I want people to have it," units are the request she said. Kacavich said At the request of av With Kacavich's permissioe, apartment visited Kacavich's city inspectors and police filed one by one into his apartment •apartment last Wednesday and �� noon on Monday. ordered him to rohis°°front `shortly noon step over a. objects blocking They were forced sanitary a vi. In recent e the state eks, microwave oven on the front. sanitary code. In recent guek stool) and had difficulty squeex-... the addtor the grounds of ing through the front dooclamrbere . spread to Hoe gro Once inside,,they of debris. adjacent motel according to ; -�"Tr"'-:"•"'"- nr¢nom h two of the jacen - awkwardly officials Meczywo4 Shaw. we're concerned d agents at t sir ol,Mandan en Right now, and Patrol Officer David Nett¢,_ about fire and as safety, said did not venture beyond a narrow dparents at their home and then n fire inspector ct ou the front porch aloe,authorities said. Robert inn� inspector who passage thedoor,", was a the scene conferring with couldn't aittthrough Nleczywor gents, 7 others health officials. arrived while Shaw said she is concerned is including the• Kacavich, who about Kacavich's sh hoarding teendmope room, inspectors were investigating and ut Kacanthshhoadinghants, teen behoved to be the shooter.to Shaw's told city outside remove the materiels i he's Authorities closed far roads to ePhoa objects amassed - Minnesota in efoe invesrn front door to keep burglars ,He was told a year ago ts. Minnesoth while they investse his other reasons. m"veit,and todidn'y"Shawoaid gated the shootings. The ouH seO°med perplexed at all the mop Crowley can be Shaw et reservation, about 240 moms does not away Dan Crowley can tea a• to theRtdeake hippewaTri home fuss aywhyihe's q is not know g' to the Lake Chippewa Tribe, exactly why s. f the poorest-in the state. hoed on H ar a. one o �s re According m the 2000 census, 7 wing �,1 y+ the reset 1J 1� 5,162 People apgr,, sumac a47 oa — „Ialuasapoy, d a au}P I- salpar¢j a417aojaoo d vation: and.,all but 91 were OD tr DAILY HAMPSHIRE CTALClit AS Court papers. Kimberly Ashton can be reached at kashton @gazettenet.com. Complaint pushes for a cleanup By DAN CROWLEY Staff Writer NORTHAMPTON — Health officials have filed a court complaint against a tenant whose apartment at 3 Pomeroy Terrace was condemned as unfit for human habitation last week. Stephen P Kacavich, 47, had until Monday to clean excessive clutter and- debris from his first-floor apartment,as well as a large pile of objects outside his front door. Health officiate condemned the apart- ment March 21 after an inspection. They gave Kacavich seven days to comply with the cleanup-order. "At this point, I don't feel that the tenant is cooperating as far as getting the exterior cleaned up and materials removed from the front entranceway," Health Agent Ernest J. Mathieu said .. Tuesday. The objects block the front door, which is a violation of the state sanitary code. Mathieu-said he also has sent a letter to Josephine Shaw,the owner of the property, asking her to remove the debris from the exterior of the multi- family apartment building. "The owner is responsible for main- taining the exterior of the property in a -clean and sanitary condition," Mathieu said. A very large pile of debris was still visible outside the home Wednesday. Health inspectors last week inspect- ed Kacavich's first-floor unit, a cavernous dwelling packed floor to ceiling in some areas with a vast assort- ment of objects and debris, from appliances and clothes to cardboard boxes and overstuffed trash bags. "It's condemned as unfit for human habitation," Health Agent Ernest J. -- – Mathieu said at the time. "Nobody can live there." Kacavich,who was evicted,was given seven days to clean out the apartment. Efforts this week to contact Kacavich, who has no telephone services relatives, reportedly was staying with were unsuccessful. Dan Crowley can be reached at dcrowteycgaazetteaet.com. BOARD OF Ht T CITY HAL� COMPLAINT RECORD OPY Date: a/21 ITime: IMap: Parcel: Name of Complainant: ie_x. ∎Ir —""" -c " , Address: r Tel: i 25x( ✓y� `',, I� fiA�TUURE OOF�C- PLAINT: --e-Z2-i_ „at e -eiziu' 7 'dtl0 E mai. i Location: -; /),„, (A-, Owner: Sjuw.,-- , ""Psty4o1. Address: I Tel' Taken by: I Date of Inspection: 1hiO z ITime: /o: 307} , J `6y4r,Y -tkt _T. -aunt rL 1(,© ` l= `c 4,t" INSPECTOR'S F_y;, !4j1,L 2-c"' 2"' It) . a 4 sz/fe,nN ,j /Jr.,� E j d.,,;, 4 . e).•- wH-we,j , REPORT: V"--a t -- -T-or..- ewi- & � ni r ,t, mp /t`°Cri FT' A' v H l� / .kr, - ls>w1: -t A; t=.m t tuz mss- 'LP-4a . b"X /w- D.nda 1Pha,e„i..ken Check a,..'Ts I Action Taken: t»r ,o mtiu1,v,pt Inspector Signature • ri) ----?-74-Fr /1;1:kpL \ u to CA r � ' n� y ///- r --c„,vtiik,,/, yydr --e . , 772-44, ,a/ (;77(=---7 _,, . LAAty y-) fa fr-) 7;frij- /Y ICI '01 ----V-Th " 114 1--1-i171/f . L41771,1 („ii4A-fri-lnyrii;%, ,,,,? ---,, ,,, ( -0-T) ii:i i _0 )72-7-(7 _ ---Ty-JiAl /2_,Vil-v)4/2 ri-N fr ,n4 AL-57 4 ! R// y� Jl J 1 , � 1) u/0-(( /� it V 17 tia° 1 '\ i T13-77 ICE 0 : 14076 'UNT EMEN T : M R _ D S PEST CONTROL 149 SPRUCE HILL AVE FLORENCE MA .01062-3416 PHONE : 413-334-6870 INVOICE: / SERVICE REPORT DATE : TYPE : GUS ORDER: TERMS : -//y/OS To: Sh, PHONE : For : R PHONE : TRIALS USED --DELTA DUST AGREVO 432-772 ADVANCE ANT BAIT 4993 --DEMAND CS ZENECA 10182-361 7eL`INTOX RAT/MICE 12455W11 F --).NVADER HPX CB 9444-186 ✓ MAXFORCE R 64248-1 F MAXFORCE A --tempo 20 wp mobav 3125-377 --SUSPEND SC AVENTIS 432-763 --CB -80-EXTRA 9444-175 TARGET PEST TERMITES SPIDERS FLEAS CRICKETS Pe B tees , ice cockroaches OTHER ---SILVERFISH ---TICKS ---CARPENTER ANTS ---FLIES Pillbugs _Rats ANTS HOD OF APPLICATION rack/Crevice Spot pace Treatment Rod ait Placement Drench an Spray _Broadcast nurse Low Pressure 'old Application ether AREAS OF TREATMENT INSIDE Carpets Wall voids _Kitchen/Dining Living Area Bath Utility Attic Other OUTSIDE _Foundation Porches/Patios Eaves Door Frames Window Frames Garage/Storage Yard/Lawn Other 1VIOUS BALANCE . $ WILE: $ .ES TAX . $ )UNT D / $- °mil RVI '7'AN I UT RE CUSTOMER SIGNATURE 1 C.A7_ Al ADDED SERVICE: $ SALES TAX ( added service) : . . . $ AMOUNT DUE ( if added service )$ AMOUNT PAID . e-OVL/ . 9 /CA/41 22 May 2003 John B. Howard Attorney at Law 4 Market Street Northampton Massachusetts 0106b-3210 Telephone 413-584-3605 Facsimile 413-582-9043 E-mail jbhoward @jbhoward.com VIA HAND DELIVERY TO: Stephen Kacabich a/k/a Stephen Kabarich a/k/a Benedict Kabarich and any and all other occupants 3 Pomeroy Terrace, Apt. 1 Northampton, MA 01060 Dear Mr. Kabarich and any and all others: MAY 2 3 2003 III ii-TON BOARD OF HEALTH FOURTEEN-DAY NOTICE TO VACATE This office represents your landlord, Josephine Shaw of Northampton. You are hereby given notice that your tenancy at 3 Pomeroy Terrace, Apt. 1, Northampton, Massachusetts will terminate fourteen (14) days after your receipt of this notice. The reason for the termination of your tenancy is your failure to pay rent for the months of April and May of 2003. Your monthly rent is $500, and the total amount now due is $1,000. If you fail to vacate the apartment within fourteen(14)days, appropriate legal action will be taken to evict you from the premises. If court proceedings are instituted against you, you have the right to appear and present any defenses you may have. If you have not received a Notice to Quit for nonpayment of rent within the last twelve months, you have the right to prevent termination of your tenancy by paying or tendering to your landlord, your landlord's attorney, or the person to whom you customarily pay your rent the full amount of rent due within ten (10) days after your receipt of this notice. Please be advised that my client intends to hold you responsible for all damages, including unpaid rent, the fair value of your use and occupation of the premises and any physical damages to the premises. The landlord reserves the right to accept payment for use and occupation, and doing so does not create any new tenancies nor waive her right to terminate your current tenancy pursuant to this Notice. JBH:mal C:\IBH Office DocumentsVBH Office Clients\Shaw,losephine\NTV to Kabarich.wpd E UEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code any Justice or Clerk Magistrate of the Western Division Housing Court SPRINGFIELD HOUSING COURT 37 ELM STREET SPRINGFIELD,MA 01101 ATTN: KATHY RNEST J. MATHIEU DIR. OF PUBLIC HEALTH NORTH of Health OA D OF Ht HEALTH Name of Inspector Name 212 MAIN STREET NORTHAMPTON,MA 01060 Street City/Town k********************************************************************** ON OATH COMPLAINS THAT: Stephen Kravavieh , Who's official address is: Mr. Stephen Icravavich 3 Pomeroy Terrrace Apt. # 1 Northampton,MA 01060 Vas and is the said owner of this residential Stephen located at: 3 Pomeroy Terrrace Apt. # 1 Northampton,MA 01060 Wherein the following violations of the State Sanitary Code exists ,Please also set attached report). Enforcement letter attached dated March 21,2005, which a re-inspection was conducted on March 28, 2005, and no violations were found corrected. ************************************************************************** On March 21, 2005, a representative of the Northampton Board of Health Inspected the premises and determined that the above-noted code violation(s) exits. pursuant On,March 21,2005, aabove?no ed property ownerwas served with a requirements h written to remedy here violati ns. M.G.L,the As of March 28,2005, and from day to day thereafter,the above-noted property owner has willfully, intentionally, recklessly, or repeatedly failed to comply with said order. As such, I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly find a copy of the Inspection report attached to this request. Complainant's Signature E VEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code any Justice or Clerk Magistrate of HOUSING We the Western Division Housing Court 37 ELM STREET SPRINGFIELD,MA 01101 ATTN: KATHY RNEST J.MATHIEU DIR. OF PUBLIC HEALTH NORTH of H ONh BOARD OF Department HEALTH Name of Inspector Name 212 MAIN STREET NORTHAMPTON MA 01060 City/Town Street k********************************************************************** ON OATH COMPLAINS THAT:hi e Josephine ine A. Shaw, whose official address is: 9 Pomeroy Terrace Northampton, MA 01060 /as and is the said owner of this residential premises located at: Josephine A. Shaw 3 Pomeroy Terrace Northampton,MA 01060 Wherein the following violations of the State Sanitary Code exist(Please also see attached report: Enforcement letter attached dated March 28.2005,which a re-inspection was conducted on March 28. 2005, and no violations were found corrected. On March 28.2005 a representative of the Northampton Board of Health inspected the premises and determined that the above-noted code violation(s) exits. On,March 28. 2005,pursuant to the requirements of the State Sanitary Code and/or the M.C.L,the above-noted property owner was served with a written order to remedy these violations. As of Apri12,2005,and from day to day thereafter,the above-noted property owner has willfully, intentionally, recklessly, or repeatedly failed to comply with said order. As such,I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly fmd a copy of the Inspection report attached to this request. April 2,2003 Complainant's Signature 587-1214 Director of Public Health (413) Conbnu IMENTS LIGATION ❑ ADULT OMPLAINT ❑ JUVENILE NUMBER Trial Court of Massachusetts District Court Department T EX HEARING ❑ SUMMONS 'J WARRANT in named complainant requests that a complaint issue against the within efendant, charging said defendant with the offense(s) listed below. COURT DIVISION Northampton District Court 15 Gothic Street dPPLICATION DATE OF OFFENSE 6/9/03 PLACE OF OFFENSE Northampton, Ma. Northampton, MA.01 06 0-06 57 73 .tOMPLAINANT NO. OFFENSE G.L. Ch. and Sec AND ZIP CODE OF COMPLAINANT chard Meczywor and Health .0 Mai n St. , Northampton, Ma. 01060 Failure to correct various violations of 105CMR. M.C.L. C.111,5 127 2. 'DRESS AND ZIP CODE OF DEFENDANT sephine.Shaw - — Pomeroy Terrace rrthamp ton, Ma. 01060 J a. fUSE LATE OF HEARING TIMEOF HEARING I All be hearing at the above application r ss of be held at the above court address on f AT COURT USE —ONLY .—.a will CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM Owner ss assaulted, et assaulted eto- DESCRIPTION Gs OF,what PROPERTY Goods o ed, what destroyed,etc. VALUE OR PROPERTY Over or under 3250 TYPE OF CONTROLLED SUBSTANCE OR WEAPON Marijuana,gun. etc. person R REMARKS: Failure to meroy Terrace, Northampton, ust fan over stove, of having a second means correct various housing code violations in Ma. 01060, including failure to fix refrigerator door, exterminate cockroaches and of egress. x . multiple dwelling at front door, porch light, address the problem SIGNAT OF C AINANT DEFENDANT IDENTIFICATION INFORMATION — Complete da a below if known. EYES HAIR BIRTH PLACE OF BIRTH I SOCIAL SECURITY NUMBER I SEX RACE I HEIGHT WEIGHT I I SIGN IM OTHER'S NAIME{MAIOENI IEMPLOYERISCHOOL FATHER'S NAME + COURT USE ONLY + BY DISPOSITION AUTHORIZED DATE NO PROCESS TO ISSUE At request of complainant ^ Complainant failed to prosecute Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant returnable —. Defendant failed to appear Summons Conbnu IMENTS RD OF HEALTH MEMBERS RD P.BRUNSWICK,M.D.,Chair JAY FLEITMAN,M.D. 1SEMARIE KARPARIS,R.N. R J.McERLAIN,Health Agent (413)587-1214 FAX(413)587-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET,ROOM NORTHAMPTON,MA 01060 RDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: I 3 Pomeroy Terrace, Apartment Number 1, Northampton, MA 01060 DATE: May 6, 2003 ORDER ADDRESSED TO: COPY OF REPORT TO: Josephine Shaw 9 Pomeroy Terrace Northampton, MA 01060 Stephen Kacavich 3 Pomeroy Ave. Apt 1 Northampton, MA 01060 Uhl This is an important legal document. It may effect your rights. You may obtain a translation of this form at: Isto a urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Ile suivante est un important document legal. II pourrait affectar vos droits Vous pouvez obtenir une traduction de cette forme a: IQuesto a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel#: (413) 587-1214 The Northampton Board of Health has inspected the premises at 3 Pomeroy Terrace # 1, , Northampton, MA (assessor's map 32A parcel 186.), for compliance with Chapter II of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants Under authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations Within 14 days of receipt of this order. ULATION VIOLATION REMEDY 501 (8) The front door opens and closes with excessive effort. Repair or replace the front door so that it does not open or close with excessive effort. 253 The front porch light is not under the control of the tenant. Locate the electrical light switch so that the tenant can control of the porch light. 351 The exhaust fan over the stove is inoperable. Repair or replace the exhaust fan over the stove. 351 The refrigerator door in the kitchen is broken. Repair or replace the refrigerator door. 550 There is evidence of cockroaches in the apartment. Exterminate cockroaches using a licensed exterminator. 452 This is an Illegal residence since there is no second means of egress * Inspection of the premises was made on May 5, 2003 at approximately 10:30 am. If you have any questions regarding this abatement order contact the Board of Health office. *NOTE: Contact the building inspector's office in order to determine what action if any nan ha taken to cnrront this pnrpss violation If it cannot ha RECEIVED JUN - 9 2003 HOUSING COURT WESTERN DIVISION corrected, this dwelling unit must be declared uninhabitable, vacated and no longer rented as habitable space. Very truly yours, Richard J. `Vleczywi;, RS Sanitary Inspector Northampton Board of Health This inspection report is signed and certified under the pains and penalties of perjury. CERTIFIED MAIL # 7001 1940 0005 1331 7255 Cc Anthony Patillo Building Commissioner BOARD OF HEALTH CITY HALL - COMPLAINT RECORD Date: _ o -d Address: NATURE OF COMPLAINT: Wool I ord euLL 6 uaJa.n. I oclud. pl . ti ax +h ai tofuaJa.n- amd a wamd' o J. Dow.- wand tl _ 10o01 * zpo;L.. 1=111.1a °46,Ailba_ Owner: ri L Date of Inspection: MOS INSPECTOR'S REPORT: � Action Taken: 09/30/04 4:22:36 PM COMIERCIAL/INDUSTRIAL PROPERTY RECORD CARD NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1990 PARCEL ID: 32A-186-001 5 POMEROY TERR PLOT: Living Units: 10 Class: A 111 Card # 1 of 2 CURRENT OWNER/ADDRESS ZONING: URC Neighborhood 8.00 FINAL VALUE FLAG: INCOME SHAW JOSEPHINE A f.A��.i LAND DATA -ASSESSMENT INFORMATION- S FMEROV TERR �� PRIME SITE 16000 INFLUENCE FACTORS LAND VALUE 8,970 PRIOR COST INCOME CURRENT NORTHAMPTON MA 01060 LAND 46,920X#8#p### 45,030 BLDG 301,520 BN 307,280 345,030 TOTAL 428,500 444,000 444,000 SALES INFORMATION DEED BOOK: 1453 TOTAL ACREAGE: 0.367 TOTAL LAND VALUE: 98,970 DATE TYPE PRICE VALIDITY DEED PAGE: 319 DEED DATE: LAST UPDATE: X 2D+07/ ATTACHED IMPROVEMENTS MST APPROACH DETAIL: TYPE M1 M2 M3 //UNITS LEVELS USE E WALL HEATING A/C AREA SF RATE RCN X GD RCNLD RP2 30 1 1 81 TO 81 86 NONE NONE 2113 20.88 44,120 RP2 90 1 1 01 TO 01 11 FRAME HW/STEAM NONE 2113 75.60 159,730 02 TO 02 11 FRAME HW/STEAM NONE 2113 67.64 142,920 RP2 108 1 2 03 TO 03 11 FRAME HW/STEAM NONE 1782 65.81 117,270 RP4 102 2 NOME TO TO NONNE NONE YEAR OBUILT 1920 TOTAL UNADJ RCN 257,800 QUALp TOTAL UNADJ.RCNLD 211{100 ITY GRADE C GRADE FACTOR M IDENT UNITS 1 q EFFICIENCIES FFUUNL ELAN FACTOR 1.00 NXq 1-BEDROOMS 8 211,160 2-BEDROOMS 3-BEDROOMS OUTBUILDING/YARD ITEM DETAIL: DESCRIPTION WIDTH LENGTH ZE QUAN. YEART COND. FUNC. S GD VALUE NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE OTHER IMPROV TOTAL OBY/YARD VALUE: INCME APPROACH SUMMARY: TOTAL RENTABLE SQUARE FEET: INCOME ADJUSTMENT INCOME INDICATED VALUE: BOARD OF HEALTH MEMBERS OFFICE OF THE MARIE HARPARIS,R.N.,MPH,CHAIR XANTHI SCRIMGEAUR JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health lard Meczywor,R.S.,Sanitary Inspector ricia Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk September 30, 2004 Josephine A. Shaw 9 Pomeroy Terrace Northampton, MA 01060 BOARD OF HEALTH 212 MAIN STREET NORTHAMPTON,MA 01060 CITY OF NORTHAMPTON F (413)5)58121221 MASSACHUSETTS 01060 RE: Complaint —3 Pomeroy Terrace Apt. #1 Dear Ms. Shaw: Please be advised that this office has received a complaint regarding a matter at 3 Pomeroy Terrace properties. According to City Assessors Records indicates that you are the current owner. The complaint was lodged by a tenant who claims the following: The circuit breaker is locked and the tenant is unable to gain access to said breaker. According to the tenant some appliances (refrigerator) located in Apartment#1 are on this circuit breaker. If he has any electrical problems relating to these appliances the tenant is unable to rectify them. Please know that according to the State of Massachusetts Electrical Code the owner of a property is obligated to allow tenant's access to the circuit breaker at all times. Therefore, please see that the circuit breaker remains unlocked at all times so tenants of your property can gain access to it. Please call me at 587-1214 if you have any questions or concerns regarding the above mentioned matter Ernest J. Mathieu Director of Public Health Ernie Mathieu From: Karen Bellavance-Grace Sent: Friday,July 21, 2006 1:30 PM To: Anthony Patillo; Ernie Mathieu Subject: FW: Please help us if you can Hi Tony and Ernie, I of eviction know proceedings or any with enforcement there Plea that let you if there about any in terms information I can share with Mrs. Shaw's relative. thanks, Karen Original Message From:Terry Brazzell [mailto:tbrazzell @gmail.com] Sent: Friday, July 21, 2006 12:22 PM To: Mayor of Northampton; Sen.StanRosenberg @senate.state.ma.us; Rep.PeterKocot @hou.state.ma.us Subject: Please help us if you can Terry D. Brazzell 1108 Old Columbia Road Dickson,Tennessee 37055 615-441-3403 trazzell@gmail.com July 20, 2006 Dear Mayor Clare Higgins, State Senator Stanley C. Rosenberg State Representative Peter V. Kocot, I am writing to you on behalf of my grandmother, Josephine A. Shaw,who resides at 9 Pomeroy Terrace, Northampton, apartment building in N rthhampton for 50+h years. My grandmother is n wDonald round 88 yeas old (we run a (we motel and don't know for sure because her records were lost in the Springfield fire many years ago, and she won't tell us anyway). For motel and apartments. She is extremely7pr proud and independent nd would never ask oorrhelp. still ome of you probably know her or of her. The reason I am writing to you is to make you aware of a situation and to ask for your help in resolving the and situation. partment problem n running is due to a very troublesome 'tenant'.relying II use the word social tnansecurity n quotes becausthis the m ntel will not and does not pay rent. This'tenant' has nearly driven her to the brink of bankruptcy due to his manipulations of the judicial system. For example, he has gotten her apartment building condemned in the past by his actions, but I am getting ahead of myself. First, let me give you a little more background. A few years ago as the cold weather season was coming into the Northeast, there was a homeless man camping under one of h the had bushes j ib my grandmother took a begged and letrhim in and set him up in promised an apartment her rent even though did not wno ant job. My g because she did not want to leave a man living out in the bushes during the New England winter. My 7/27/2006 However,you h -ealize that when eshe rantd hear husbandlbeganntheirr businesses, everything was donee on a handshake or a e to ts aken advantage of for being this Jrandmother is Jerson's word. She still operates that way today, and this trusting behavior has gotten her into a big mess. The could1make the apartment building ng his ownn, (We know because he t told people he was going to do this.) He e man was didn't pay his o, he begantcarrying in trash beginning. He knew the that filling his my grandmother h the trash. Helnot his cause. So, the apartment building.apartment (I halve pictures he li you wish to1see what he did).aOf course, this led to la very unsanitary of around the front building attracted by this mess. What rentelrs did rnot leave voluntarily ehwere forced out when the whole building got condemned. Not only was my grandmother not allowed to ask him to stop (or ask him for rent), she was barred from ome local judge decided that mylgrandmothe asking for he rent was undue harassment. Yes, you read that right. This has been going on for roughly 3 years. My grandmother cannot get rid of this 'tenant' (I can't fathom why). She hs spent able event ally tens to get the apartment cleaned up by the health department Ubut the g was 'tenant'was still allowed to stay. To make matters worse, my grandmother lost all of her savings a few years ago in the golf range scandal that hit Northampton. Since then, she has had to scrape by on what little money she can get from the motel and her social security check. Instead of being rewarded for what she has done in her life, she is being put through legal fight h et rid hell in her final years by a man who is intent on ruining her. She cannot afford to keep up g of this'tenant'. She is very frustrated and has just about given up hope. She has talked of even selling the motel and apartments,but who would want to buy a building with a'tenant'you can't evict??? I beseech you to help us find a way of resolving this situation. The lack of income from my grandmother's properties means she is using her Social Security check to try to keep things afloat. She cannot do this forever, and it is this mantevic evicted from her property so that she can contiue losing e remainder of her has fe in peace. Surely,way to get Massachusetts does not want to send the message that an 88-year old grandmother with diabetes(who must living in the bushes during a New England winter. Where is the'justice' in this? What if this was happening to take 7 insulin shots a day) must lose everything she owns because she did a good deed and pulled a man out of your mother or grandmother??? Sincerely, Terry D Brazzell Phone: 615441-3403 Mobile: 615-579-4749 email: tbrazzell(y gma l.com 7/27/2006 raec 1 U. Ernie Mathieu From: Ernie Mathieu Sent: Friday, September 30, 2005 10:21 AM To: 'Driscoll-Sbar, Linda' Cc: Anthony Patillo Subject: Stephen K. 3 Pomeroy Terr. Contacts: Linda Driscoll Hello Linda, Tony and I visited Stephan yesterday afternoon. The porch has 75% more items in it than when he moved in. His apartment is up to about 30% +/-of the clutter that it had when I cleaned it with DPW. I was very disappointed in the condition of his apartment and what I saw to say the least. I did not see any cockroaches. Could you persuade him to remove what is not good and clean his apartment? If it gets any more cluttered I will do the same as before-Condemn the apartment and order him to vacate.Then I will padlock it. I'm serious. Please continue to work hard on him with me. You might want to show him this email. Thank You, Ernie 9/30/2005 Ernie Mathieu From: Marilyn Richards [Marilyn_Richards @cooley-dickinson.org] Sent: Monday, October 03, 2005 9:36 AM To: Ernie Mathieu Subject: RE: Ms. Shaw I think it is fine. Please send. You also might want to remind her that she needs to obtain all necessary inspections required by the city and state in accordance with the Building Inspector(Tony's application etc.). From: Ernie Mathieu [mailto:emathieu @northamptonma.gov] Sent: Friday, September 30, 2005 3:41 PM To: Marilyn Richards Subject: Ms. Shaw Hi Marilyn, He is the letter I plan to send to Ms. Shaw. I did not send it to her yet because I would like you to take a look at it and I welcome any advice with changes that you may offer. Thanks, Ernie 10/3/2005 Ernie Mathieu From: Ernie Mathieu Sent: Thursday, October 20, 2005 8:21 AM To 'Driscoll-Sbar, Linda' Cc: 'jrosner©mhainc.org' Subject: Photos-3 Pomeroy Terr. Contacts: Linda Driscoll Attachments: 062705 doc; 3 Pomery tPhotos(Photos 3)071905 doc; 3 Photo Pomery Photos of Clean up (APT 3) 071905.doc Hi Linda, Here are the photos as requested. Stephan's porch and apartment is excessively cluttered again. I was in there with Tony P. on October 29, 2005. I informed him to clean the porch and apartment and to remove some clutter. I told him it was borderline to being condemned and ordering him to vacate. I will go back next week and if it is not better I will have no choice but to condemn it again. Please inform Steve of this. I will be sending him a letter and you a copy. If we both don't keep leaning on him he will never clean and just keep bringing more items into the porch and apartment. Thanks, Ernie 587-1213 10/20/2005 BOARD OF HEALTH OFFICE OF THE MEMBERS OSEMARIE KARPARIS,R.N.,MPH 1NTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF rnest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health ird Meczywor,R.S.,Sanitary Inspector Iola Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk :gust 1, 2005 Stephen Kacavich 'omeroy Terrace, Apt # I Trthampton, MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 3 Pomeroy Terrace, Apt. # I-Re-Inspection ar Mr. Kacavich: 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 -epresentative from the Northampton Board of Health conducted an Re-inspection on August 1, D5, at the premises located at 3 Pomeroy Terrace, Apartment# 1,Northampton,occupied by J. for compliance with CHAPTER II OF THE STATE SANITARY CODE,MINIMUM 'ANDARDS OF FITNESS FOR HUMAN HABITATION,AND/OR CHAPTER 111, CTIONSECTIONS 122- 127,ABATEMENT OF NUISANCES, OF THE 4SSACHUSETTS GENERAL LAWS. e inspection revealed that the exterior and interior of the premises had been cleaned and that all the items, objects, and materials have been removed to the satisfaction of the Board of Health. erefore, the orders in the letter sent to you dated March 21,2005,have been complied with and Jr apartment has been cleaned and meets the approval of this Department to be re-occupied. ase fed free to contact the Board of Health office, at 587-1213, if you have any questions concerning this tter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified ter the pains and penalties of perjury. lest J. Mathieu -ector of Public Health Police Chief Building Commissioner Fire Department Josephine Shaw Linda Driscoll )TE: Hand Delivered on August 1, 2005 to Steven Kacavich by Ernest J. Mathieu. 3OARD OF HEALTH OFFICE OF THE MEMBERS 3EMARIE KARPARIS,R.N.,MPH THI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.O. STAFF 3st J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Meczywor,R.S.,Sanitary inspector a Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk ust 18. 2005 Stephen Kacavich ■neroy Terrace, Apt. ft I :hampton, MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 3 Pomeroy Terrace, Apt. # 1- Re-Inspection r Mr. Kacavich: 212 MAIN STREE1 NORTHAMPTON,MAO' (413)587-1214 FAX(413)587-122 presentative from the Northampton Board of Health conducted another Re-inspection on ;ust 18,2005, at the premises located at 3 Pomeroy Terrace,Apartment# 1, Northampton, Tied by you, for compliance with CHAPTER II OF THE STATE SANITARY CODE, 8IMUM STANDARDS OF FITNESS FOR HUMAN HABITATION, AND/OR APTER 111, SECTIONSECTIONS 122- 127, ABATEMENT OF NUISANCES, OF THE SSACHUSETTS GENERAL LAWS. Ms. Linda Driscoll from the Mental Health Association present. The purpose of the inspection was to determine if the interior and the exterior of the nises has been maintained in the clean and sanitary condition as it was observed on the section conducted on August 1, 2005. inspection revealed that the porch was cluttered with more items. The interior of the dwelling paper and items scattered on the floor. There was clutter on the table and the kitchen itertop. Overall, it appeared that the apartment had not been maintained in the same clean dition that it was found to be on August 1. Your defense was that the apartment had been rminated on August 16,2005, and you were cleaning the apartment to remove the dead coaches. Also,there were several boxes and items outside the apartment which you were ;red to remove within one week. brmed you that I would give you one week to clean the apartment. If the conditions do not rove to the state that the apartment was observed on August 1,2005, which was then found to Jean and sanitary, I would again peruse legal action in housing court to gain compliance. Ms. is Driscoll or I will be contacting you soon to inform you of the inspection date and time. Ise feel free to contact the Board of Health office, at 587-1213, if you have any questions concerning this ter. I trust in your cooperation in this matter. This inspection report is signed and certified under the pains penalties of perjury. Merely. est J. Mathieu -rtnr of Pnhl lr U>olth BOARD OF HEALTH CITY HALL COMPLAINT RECORD 1 NGFIELD I HARTFORD 800-338-6757 FAX:413-788-0075 Termite&Pest Elimination Specialists Since 1890 147 Almgren Drive-P.O.Box 368--Agawam,Massachusetts 01 001-03 68 :E SLIP SERVICE ADDRESS J,per Gy Terrace amptcn, MA 01060 - 5_0=D3 BILLING ADDRESS s Apartments p ,ercy Terrace SERVICE TYPE h Service 01-007072 AMOUNT 600.00 Tax PREVIOUS BALA TOTAL DUE -PAID $ TERMS ALL CASH_CHECK#_ )IT CARD :NTS ,{ 'loors.*codi . 40 t:.a �• CO-04 0.00 0.00 600.00 F4 6 - I. \L COMMENTS: MEM NTRICON MONITORS dT &CK E.CREVICE JAP TRAPS JB-SLAB INJECTION 'ACE TREATMENT LUE TRAPS RENCH&ROD IGNITOR )THER OWER SPRAY IENTRICON BAIT ;POT SPRAY INCATS /CID TREATMENT ;HNICIAN'S COMMENTS'. GNATURE K OTHER SERVICE DETAILS. COD P 0.NUMBER DATE 4TIME ? TECH !NO . TIME OUT TIME IN TARGET REST Roach2E MATERIALS USED 04. Avert 499-406 9R44-129 07, Brrid Pori.: Peel 39. CB-80 Extra 11e - 10. Contrac B o. 15. DriODe 432-_y= 17. E,entrol 2724-3E1 1257 r . R.Fnrce ?C Rsh Gel 432 26. M.Force Roach Gel 432-1254 31 . Rezol T. Powder 7173-1_13 zq. Tai=tar Cr e 275-370S 35. Tempo Ultra ICP q32-1304 WORCESTER/BOSTON 800-287-5410 FAX: 508.798-4741 < LOCATION nROUTE/GRID I J 0. 50 n_son 51.009 AMOUNT o! LDS UL EA LBS 2.r021 02 0.0101 ,, 02 2.150 02 0.200 LB` GAL GAL 1A CONSUMER INFO GIVEN ❑ CT ABUTTER NOTIFIED ❑ CT NOTIFICATION REG.INFO CTIVEN,,, GIVEN Q_CT EXTERIOR POSTED ET/MASSACHUSETTS POSTING f o lac ac+:V l (Jcce.- J V'•:{ t M.Dr�G c u -re e J\ � T<f[1 ,,_.t 1 n N' i. a c-rt ., h \U Veer s.4 SERVICE DETAILS KITCHEN FOOD PREP AREA DISHWASHER BAR STORAGE APE. RODENT BURROWS _BASEMENT SILL GARAGE y d [ aC?C W DATE L//�= OFFICE COPY CABINETS BATHROOMS INTERIOR PERIM a: f3i LIC DINING ROOM UTILITY ROOM EAVES/ROOF LINE LAUNDRY ROOM LIVING ROOM 1c CRAWL SPAOI BASEMENT WALL VOIDS DUMPSTER m PEBIME BEDROOM ATTIC FURNITURE tsc undersigned,d authorize and agree that the work has been perforrt 'I escribed and that I have received state mandated materials as checked DER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE INIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" AND/OR MGL,CHAPTER 111, TIONS 122-127,ABATEMENT OF NUISANCES AT: BOARD OF HEALTH 1 MEMBERS SEMARIE KARPARIS,R.N.,MPH ITHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF lest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health 1 Meczywor,R.S.,Sanitary Inspector is Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)567-1214 FAX(413)567-1221 i ;ust 1, 2005 ;phine A. Shaw Imeroy Terrace thampton, MA 01060 3 Pomeroy Terrace Apt. #1- Cockroach Infestation: a Ms Shaw: are aware, The building located at 3 Pomeroy Terrace,owned and operated by you , is infested with kroaches. I are hereby ordered to have all of the apartments in this building(occupied or vacant) exterminated cockroach infestation by a Professional Licensed Exterminator. The entire building must be arminated no later than August 15, 2005. Proof of extermination(receipt) must be submitted to this ce within 5 days of the extermination. s enforcement order is being issued under the authority of CHAPTER II OF THE STATE NITARY CODE,MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION, D/OR MGL, CHAPTER 111,SECTIONS 122-127,ABATEMENT OF NUISANCES. >uld you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A nest must be received in writing to the office of the Board of Health within seven(7) days of receipt of this er. At said hearing,you will be given an opportunity to be heard and to present witnesses and documentary dente as to why this order should be modified or withdrawn. You have the right to be represented by an nney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, .ers. notices and other documentary information relative to this property. Please feel free to contact the Board of alth office, at 587-1214, if you have any questions concerning this matter Thank you for your anticipated Iperation in this matter. This inspection report is signed and certified under the pains and penalties of perjury. lest J. Mathieu, R.S.,M.S., C.H.O. rector of Public Health rage r 01 Ernie Mathieu From: Ernie Mathieu Sent: Thursday, July 07, 2005 1:59 PM To: 'nhuntley @nohodpw.org' Cc: Anthony Patillo Subject: 3 Pomery Terrace Apt.#1 July 7, 2005 Hello Ned, A thank you to you and your staff for cleaning the exterior of the premises at 3 Pomeroy Terrace Apt. #1 on July 6, 2005. I conducted an inspection latter that day and the work/cleaning was satisfactory. Please call me to discuss cleaning the interior and to make an appointment to go inside and access the magnitude of the work, number of staff, and equipment that you will need. Ernie Mathieu 587-1213 Cell 563-6680 7/7/2005 THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT CASE NO. 0-5-Tff -a m' WESTERN DIVISION [ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT [ 4/1 OTION TO CONTINUE THIS CASE TO: [ ] MOTION TO DISMISS [ ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR [ ] MOTION FOR THE ISSUANCE OF A WARRANT [ ] OTHER: On behalf of the Plaintiff(s), the undersigned asks that the above indicated action be take' in this case for the following reason(s): [ ] ALLOWED CLS: 10-5-00 [ ] DENIED Clerk/Asst. Clerk-Magistrate THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT CASE NO. OS- PC ^ DDyy' WESTERN DIVISION vs. Defendant(s) [ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT [ ] MOTION TO CONTINUE THIS CASE TO: QQ V V offs AT J'3rD [ ] MOTION TO DISMISS [ ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR [ ] MOTION FOR THE ISSUANCE OF A WARRANT [ ] OTHER: On behalf of the Plaintiff(s), the undersigned asks that the above indicated action be taken in this case for the following reason(s): Y »att v 0 •�'--- cue c�` c � Dated: ] ALLOWED [ ] DENIED 10-5-00 Signature Title or Capaci Clerk/Asst. Clerk-Magistrate Good morning Marilyn, Please accept me apologies in the delay of getting this to you. I've been flat out to say the least!!! Below are the web site. A.Joseph Ross,J. D. www.attomeyross.com Housing Information http:/lworld.std.com/-lawyer/ Housing Information www.Lawyeratattomeyross.com I've also attached a copy of the State Housing Sanitarily Code that Boards of Health enforce. Please call me at home tonight because I would like to show you a few things on these sites. Call me after 7:00pm at 593-5030. Ernie Northampton Police Department Page : Call Number Printed: 07/15/2005 __: 07/15/2005 - Friday ember Time Call Reason 6 0910 Call Taker: ion/Address: Entered By: olved Party: ID: Narrative: Narrative: Action Priority Duplicate Phone - Trespassing/ Unwanted Gues Verbal Warning Given 2 9010 - Dispatcher Erin F Lesniak (NOM] 3 POMEROY TER 07/15/2005 0921 71 - Patrol Donald A Nichols-1137 KACAVICH, STEPHEN P @ 3 POMEROY TER - NORTHAMPTON, MA 413-387-9710 71 - Patrol Donald A Nichols-1137 Disp-09:10:52 Arvd-09:14:49 Clyd-09:18:11 07/15/2005 0911 Dispatcher Erin P Lesniak former evicted resident is inside apt. 07/15/2005 0923 Patrol Donald A Nichols-1137 07/15/2005 0921-71 Kacavich located at his apartment. He claimed to have permission from the board of health to remove some of his property. No one from the board was on scene. Kacavich was asked to leave and he did so. Northampton Police Department Page : Call Number Printed: 07/15/2005 e: 07/15/2005 - Friday tber Time Call Reason Action 0741 Call Taker: _ Closed By: lodified By: -on/Address: Entered By: .ling Party: Entered By: )lved Party: ID: Cleared By; ID: Cleared By: Narrative: Codified By: Priority Duplicate Phone - ASSIST OTHER AGENCY Investigated Incident 3 9024 - Dispatcher Aaron T Babinski 9003 - Dispatcher Kelly B Woods 71 - Patrol Donald A Nichols-1137 [NOM 1251] 3 POMEROY TEAR - 3 POMEROY TER 1 07/15/2005 0742 9024 - Dispatcher Aaron T Babinski DPW @ ***UNKNOWN*** - NORTHAMPTON, MA 01060 07/15/2005 0825 71 - Patrol Donald A Nichols-1137 KACAVICH, STEPHEN P @ 3 POMEROY TER - NORTHAMPTON, MA 413-387-9710 168 - Patrol Jeffrey A Von Dauber-4023 Disp-07:42:59 Arvd-07:44:08 Clyd-07:51:17 9023 - Dispatcher Kimberly L Wheeler 71 - Patrol Donald A Nichols-1137 Disp-07:43:31 Arvd-07:45:28 Clyd-07:51:14 9023 - Dispatcher Kimberly L Wheeler 07/15/2005 0742 Dispatcher Aaron T Babinski 07/15/2005 0744 Dispatcher Aaron T Babinski 07/15/2005 0742 meet dpw to do walk through on condemmed building that was boarded up yesterday and now is open. Narrative: 07/15/20.05 0828 Patrol Donald A Nichols-1137._ _ _- 15 j ]2005 0825-71DPW employee arrived at 3 Pomeroy Terr OJ apt #1, an apartment that has been condemned. This apartment was supposed to have been secured yesterday. This morning the apartment was open but no one was inside. Resident Stephen Kacavich was not seen the the area but he must have been there last night as two fans were running on our arrival. lMortnampton Police Department Page: 1 _ail Number Printed: 07/16/23,':5 Date: 07/16/2005 - Saturday Number Time Call Reason 0187 2200 Call Taker: :all Closed By: :ation/Address: Yy Entered By: Calling Party: ID: Cleared By: ID: Action Phone - Trespassing/ Unwanted Cues Investigated Incident 9010 - Dispatcher Erin F Lesniak 9020 - Dispatcher Cynthia Hunter [NOM 1560] RESIDENCE - 109 BRIDGE ST 07/16/2005 2201 9010 - Dispatcher Erin F Lesniak THOMAS, GWEN @ ***UNKNOWN*** - NORTHAMPTON, MA 01060 153 - Patrol John D Cartledge-3088 Disp-22:02:51 9020 - Dispatcher Cynthia Hunter tl 22'06:35 174 - Patrol Paul T Wigmore-1259 JR Disp-22:03:23 Narrative: 07/16/2005 2201 Dispatcher Erin F Lesniak rp returned home from vacation and states someone has set up a homeless camp in her back yard Clyd-22:14:06 Clyd-22:03:98 Narrative: 07/16/2005 2224 Patrol John D Cartledge-3088 Officer checked location and located property in driveway. Caller was advised to call the landlord about the abandoned property. Priority Du plicate 2 Date: 07/17/2005 - Number Time 223 1136 Call Taker: ation/Address: ty Entered By Calling Party; ID: )ispatched B ca:: Number ioampton Police Deoartrent Printed: 07/18/2005 Sunday Call Reason Action Phone - Disturbance Cynthia Y 9020 - Dispatcher C nt Advised Civil Action [NOM] 109 BRIDGE ST Hurter 07/17/2005 1139 9020 - Dispatcher Cynthia Hunter TODRIM, DONALD @ 109 BRIDGE ST - NORTHAMPTON, MA 01060 413-687-g388 106 - Patrol Michael J Allard-898 Disp-11:38:17 Y: at Arvd-11:39:50 9015 - Dispatcher 142 p cher Melissa A Nazzaro Patrol Luann C Duso-3091 Disp-11:38:20 Dispatcher Arvd-11:42:07 9015 - Dis p r Melissa A Nazzaro 109 Patrol Gilberto Jimenez-772 Narrative: 07/17/2005 1138 Dispatcher C Arvd-11:40:28 07/17/2005 1138-caller ynthia Hunter the property eports Steven Kacavich outside on yard. On going refusing probem� leave and making a mess in the 07/17/2005 1356 Patrol Michael J Allard-698 Diane Todrin was letting Kacavich keep his things in her yard for two or three days. He funk andl d that ssddled after hording open and rottin his right middle finger was covered. He admitted had just had surgery and it was not maggots, as it was all to eating rotting food invested with issuin ng has Es was called and will be g a 12 after seeing his abandoned property. Page: 1 PriPirites Se 1 Dispatched By: ID: Narrative Clyd-12:18:27 Clyd-11:45:19 Clyd-12:18:28 ..... epercment Incident Report Incident # : 05-1608-OF Call #: 05-14264 Page: 1 07/18/2005 Date/Time Reported: 07/1B/2005 0035 Report Date/Time: 07/16/2005 0425 Status: No Crime Involved Reporting Officer: Patrol Michael Smigielski-3457 Signature: OLVED EACAVICH, STEPHEN P 3 POMEROY TER NORTHAMPTON MA HEIGHT: 506 WEIGHT: 180 BODY: NOT AVAIL. DOB: 08/21/1958 LICENSE NUMBER: NOT AVAIL. SEX RACE AGE SSN PHONE M W 46 034-50-1835 413-387-9710 HAIR: BROWN EYES COMPLEXION: NOT AVAIL. PLACE OF BIRTH: WORCESTER, MA ETHNICITY: NOT HISPANIC GLASSES WORN: NO [APPEARANCE] OT AVAIL. TATTOOS: TAT CHEST(LEO), TAT R FGR(HEART BETWEEN THUMB AND F) ALIAS LAST NAME FIRST NAME MIDDLE NAME SSN DOH KACAVICH STEPHEN P NOT AVAIL 08/21/1958 [FAMILY/EMPLOYMENT INFORMATION] MARITAL STATUS: SINGLE OCATION TYPE: Highway/Road/A13ev/Street 95 PLEASANT ST DRTHAMPTON MA 01060 SECTION 12 Zone: Bike Patrol C —=yo-Li-menu NARRATIVE FOR PATROL MICHAEL J SMIGIELSKI-3457 Ref: 05-1608-OF Entered: 07/18/2005 @ 0439 Entry ID: 165 Modified: 07/18/2005 @ 0439 Modified ID: 165 Page: 1 On 18 July 2005 at approximately 0030 hours I. Officer Smigielski, was on bike patrol in the area of bank Place when I observed a person lying face down in the rear parking lot of 395 Pleasant Street. Upon oath to this individual I recognized the male as Stephen Kacavich; I have had numerous dealings with ;AVICH in the past and I was aware of an active Section 12 for him. The Section 12 was then confirmed igh the desk officer and AMR was summonsed to transport KACAVICH to CDH. KACAVICH was tant to go with the ambulance and had to be lifted from his seated position onto the stretcher; as a cation,I accompanied the ambulance crew to CDH--KACAVICH did not offer any problems once loaded he ambulance. The Section 12 was signed by Aisik Newman,MD on 07-17-05 at 1320 hours. The reason for issuance of etion 12 is as follows: KACAVICH "is diagnosed with mood disorder; also a hoarder. Removed from it was condemned, hoarded food on neighbors porch until food rotted,told NPD he is eating_it,si ^ water bottle with mold inside, Refusedto_get-medieaJ Late fot open wour .. Is diabetic." Very substantial f physical impairment or injury to himself.."Eating rotted food with maggots in it, drinking from mold ed water bottle, refuses to get care for open wound which requires surgery, is diabetic." COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD. OF HEALTH Plaintiff No. 05-PC-00494 STEPHEN KACAVICH Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o ' clock, Monday, July 18, 2005 . Date : July 12, 2005 ECMS : SCH-REVIEW Robert G. lds Clerk Magistrate Ernie Mathieu From: Ernie Mathieu Sent: Thursday, July 21, 2005 1:15 PM To: 'Ldriscoll @mhainc.org' Subject: Stephen-3 Pomery Terr. Hello Linda, As I mentioned to you the DPW will begin cleaning the interior of Stephen's apartment on Saturday, July 23,2005 at 7:00 A.M.. Could you please find out if Stephen would like to be present and let me know. If he is present I will allow him to keep some items that he needs or if they have value or use. However, I do have the final say on what gets thrown away and I will not allow him to keep any items that are"junk" which he does not need or will ever have any use.for. Please explain this to him if he plans to be there and if he ever becomes confrontation I will have the police remove him and request and officer to be remain on site until we are finished that day. Also, I need to get a key to you. Today is tough but tomorrow is fine. Please call me -587-1213. Ernie 7/21/2005 COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD. OF HEALTH Plaintiff STEPHEN KACAVICH Defendant No. 05-PC-00494 NOTICE OF REVIEW DATE The above case will beacalledoforc review eviewtatNCourtroom 2 of the 01060 Housing Court Northampton, Monday, July 25, 2005 . 01060 at 09 :30 o' clock, Y� Robert G. Fj^ields Clerk Mae strate Date : July 19, 2005 ECMS: SCH-REVIEW THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS Hampshire, ss: Western Division Housing Court Department No. 05-CV-0258 Northampton Board of Health, Plaintiff ORDER TO APPEAR v. Josephine Shaw & Stephen Kacavich, Defendants To: Stephen Kacavich 3 Pomeroy Terrace#1 Northampton,MA 01060 After hearing on July 11,2005 for which the plaintiff and the defendant Josephine Shaw appeared, but for which the defendant Stephen Kacavich failed to appear,the following order is to enter: 1. The case is scheduled for further review on Monday, July 25, 2005 @ 2:00 P.M. for which the defendant, Stephen Kacavich, is ordered to appear. A representative of the Tenancy Preservation Program is requested to attend at that time. 2. The terms and conditions outlined in the court order dated June 20, 2005 are still in force and effect. So entered this C day of July, 2005. DINA E. FEIN,Associate Justice cc: Linda Driscoll Tenancy Preservation Program Picture Album from my PCS Vision Camera Ernie Mathieu From: Anthony Patillo Sent: Friday, July 22, 2005 7:56 AM To: Ernie Mathieu Cc: Jonmar2 (E-mail) Subject: FW:A Picture Share! from this morning Original Message From: apatillo03 @pm.sprint.com [mailto:apatillo03 @pm.sprint.com] Sent: Friday, July 22, 2005 8:27 AM To: Anthony Patillo Subject A Picture Share! _ p ' opus. a. One Sprint.Many solutions You have a Picture Mail from 14132228987 7/25/2005 View Picture I Order Prints at Retail Message: Megapixel Camera Phone •k` him.SUS or Saigo r Learnmore I Print your pictures at retail easily and meekly la MWIPIN ( r Learn more Send and receive Pictures and Videos through Picture Mails". For more information go to www.sprint.comlpicturemail. ragc . v Upload pictures from your computer to online nlbumsA r Learn more t Picture Album from my PCS Vision Camera Page l of 2 • Ernie Mathieu From: Anthony Patillo Sent: Friday, July 22, 2005 7:52 AM To: Ernie Mathieu Cc: Jonmar2 (E-mail) Subject: FW: A Picture Share! prom this morning Original Message From: apatillo03 @pm.sprint.com [mailto:apatillo03 @pm.sprint.com] Sent: Friday,July 22, 2005 8:29 AM To: Anthony Patillo Subject: A Picture Share! S_ __ Sprint One Sprint Many Solutions You have a Picture Mail from 14132228987 7/25/2005 View Picture I Order Prints at Retail Message: Megapixel Camera Phone sue wool$smu• •Learn more Print your pictures at retail Barnard%mol y, FUJlRIM Learn more Send and receive Pictures and Videos through Picture Mailsm For more information go to www.sprint.com/Picturemail. Upload pictures from your computer to online elbumsa Learn more THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT CASE NO. ©J < P� '` ®6 0 WESTERN DIVISION Plaintiff(s) [ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT ]MOTION TO CONTINUE THIS CASE TO: [ ] MOTION TO DISMISS [ ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR [ ] MOTION FOR THE ISSUANCE OF A WARRANT [ ] OTHER: On behalf of the Plaintiff(s), the undersigned asks that the above indicated action be taken in this case for the following reason(s): Defendant s AT Dated: 96-be [ ] ALLOWED CLS: 10-5-00 [ ] DENIED Signet r�� _ : :�� •�l> �. �.�z /' :feeity Clerk/Asst. Clerk-Magistrate SHAWS MOTEL PHOTOS OF 3 POMERY TERR. FRONT OF APT. #3 (S. Kacavich) July 19, 2005 2:15 P.M. BY ERNIE MATHIEU i a e >_ '#inssi t 1r- ci. . ,, lir\r!, *1St YU c War i a 4 liez 1 „it v ipti . .. SHAW PHOTOS OF 3 POMERY TERR. SIDE OF APT. #3 9 (S. Kacavich) July 19, 2005 2:15 P.M. BY ERNIE MATHIEU PHOTO OF 2nd MEANS OF EGRESS 3 POMERY TERR. JUNE 10,2005 11:00 A.M. 1 Incident Report 06/09/2005 Incident #: 05-1023-IN Exp. 0 Call #: 05-11328 Location: 3 POMEROY TER NORTHAMPTON,MA 01060 District: Downtown Station: Headquarters Report By: Cheverette, Dana N. on 06/09/2005 Approved By: Cheverette, Dana N. on 06/09/2005 Incident Type: Hazardous condition, other Property Use: Multifamily dwellings Actions Taken: Investigate Alarm: D6/09/2005 @ 1028 Arrived: 06/09/2005 @ 1029 Cleared: 06/09/2005 @ 1029 Alarms: 1 Aid: None Apparatus Personnel Suppression: 0 Suppression: 0 EMS: 0 EMS: 0 Other: 1 Other: 1 Deaths Injuries Fire Service: 0 Fire Service: 0 Civilian: 0 Civilian: 0 At the request of the Fire Prevention officer I responded to 3 Pomeroy Terrace to investigate a complaint of material blocking the egress to an apartment. Upon arrival I did a walk aground of the building. I found all clear trash bags and except apartment 1 at 3 Pomeroy Terrace. I found cans, 9 l assorted materials blocking the entrance. The materials were on the steps and on both sides of the walkway to this apartment. It also appeared that there was material blocking or hindering egress from the interior of the apartment. Much of the material appeared to be salvaged material,and possibly some trash and rubbish. k A A .� 4 i��le ST - ' _ G 0 1 'l4 t 1x6 , l� di a JY � , 4 t i rr di w -� 1 t�. w i, � -- . ( ' Jam /,- / { k u I Y 43�cM' y' d • • to • % ��� ___ 24 1 Northampton tire ueparuneaa.. ...y .• Incident Report 06/09/2005 Incident 9: 05-1023-IN Exp. 0 Call I: 05-11328 Location: 3 POMEROY TER NORTHAMPTON,MA 01060 District: Downtown Station: Headquarters Report By: Cheverette, Dana N. on 06/09/2005 ipproved By: Cheverette, Dana N. on 06/09/2005 Incident Type: Hazardous condition, Other Property Use: Multifamily dwellings Actions Taken: Investigate Alarm. 06/09/2005 @ 1028 Arrived: 06/09/2005 @ 1029 Cleared: 06/09/2005 @ 1029 Alarms: 1 Aid: None Apparatus Personnel Suppression: 0 Suppression: 0 EMS: 0 EMS: 0 Other: 1 Other: 1 Deaths Injuries Fire Service: 0 Fire Service: 0 Civilian: 0 Civilian: 0 At the request of the Fire Prevention officer I responded to 3 Pomeroy Terrace to investigate a complaint of material blocking the egress to an apartment. Upon arrival I did a walk aground of the building. I found all entrances clear and accessible except apartment 1 at 3 Pomeroy Terrace. I found cans, 5 gal. buckets trash bags and assorted materials blocking the entrance. The materials were on the steps and on both sides of the walkway to this apartment. It also appeared that there was material blocking or hindering egress from the interior of the apartment. Much of the material appeared to be salvaged material,and possibly some trash and rubbish. PROOF OF SERVICE OF PROCESS I hereby certify and return that on 200 , I served a copy and restraining orders,together with a copy up of the with named defendant, in the following manner[See Mass. R.Ci p complaint in this action, upon the with c )c ». Dated: , 200 . Print Name Signature N.B. TO PROCESS SERVER: PLEASE PLACE THE PATE YOU MAKE SERVICE ON THE DEFENDANT IN THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT. ds: 11-30-00 [ ) c ) , 200 ) COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT HOUSING COURT DEPARTMENT WESTERN DIVISION 37 ELM STREET - P.O. BOX 553 SPRINGFIELD, MA 01102.0553 TELEPHONE(413)743-7533 FAX (413)7324507 WILLIAM H. ABRASHKIN FIRST JUSTICE DINA E. FEIN ASSOCIATE JUSTICE se No. 05- CA ZS& Not t17-69-07 PTDN 419/21) or Hz9n_7J( rmnf(s) 2,2 . 1. vv SneaT rE/ttlan1f firl%� .0719 D/O(�O rate Date: SreeHOr KDYC1t✓ Defendant(s) 3 Pomaow rent. «L Street /UDR-refroN Pto MA O(0(aO CitylLp - CURTIS L. SHAIRD CLERK MAGISTRATE ROBERT G. FIELDS FIRST ASSISTANT CLERK MAGISTRATE KAREN-ANN HUNTOON ASSISTANT CLERK MAGISTRATE b/I oS APPLICATION FOR TEMPORARY RESTRAINING ORDER ased upon the specific facts set out in the attached affidavit/verified complaint filed with the Clerk of this Court,I request at the Court order the above Defendant(s)to desist and refrain from Fitt l.i t'i / 717 a-cv t oC .D0517--( S 4N1> Od(2.rl.E C-er UIo pr-t-1fs.3 S. also request the Court waive Rule 65(c)of MRCP that I provide security for the issuance of the above orders because ;fined and sworn to and efore Clerk-Magistrate. //11 ! Signature ****#*#k*##*1 k###*k#kk*k***************************************************#********#* NOTICE OF HEARING ON TEMPORARY RESTRAINING ORDER 10 THE DEFENDANT: You are hereby notified that a hearing on the above application will be held at the Western Division of The Housing Court, sitting in Northampton at 15 Gothic Street, on MONDAY c.72441/E 7-0 ZOOS at 9:30 a.m. at which you may appear and show cause why such application should not be granted. NITNESS: William H. Abrashkin, Esq. at Northampton Dina E. Fein, Esq. at Northampton cis: 11-30-00 (OVER) I HAVE ATTEMPTED TO RESOLVE THIS PROBLEM BY DOING THE FOLLOWING: I✓ 4.)415 O Oct 4 y,/elzla/6 Ccc-7F4/ '* /fl 4Yo Nd ^ c--e,• pe S. , ct40671-. WAS o M,4lLG/h 24 . 200,C, THEREFORE I AM ASKING THE COURT TO: f SSUe Q,epwrjZ_ CGe , SIGNED zeta c DATE • Et 3E PRINT AFFIDAVIT PLEASE PRINT HIS IS A REQUEST FOR AN EMERGENCY ORDER NDER THE PAINS AND PENALTIES OF PERJURY I SWEAR AND AFFIRM THAT: Y NAME IS vi/ 7 (f tn,..9-91,674 , I Am The: ©/tEZ702 bF PoAuC S.774 ,My Business Address is: in-3E17--/Z/f/ q 6914a Fr TriZt 'at 3/de ,t er(s9 AM BRINGING THIS ACTION AGAINST:cjef'ff/A/1� $f{� STEp�� who !sides 353 4vEzo/ �City/tiafjl10 Zip d/tSD Phone ¢✓icy .yR- Z /ir1A*/4 3 NaitTh !piO 04- 0/aa Telephone # HIS ACTION RELATES TO PROPERTY LOCATED AT : * *pa tt,,CA-C4 r./cs Explain the Defendant's relationship to the property): [velcvner [ Tenant [ ] Neighbor ] Visitor [ ] Other : J, 944W £ K4-c+tt/G(f aot'S , The Following Occurred: (PRINT) l«3S/uf Aetueo e:).= lYr5ig4 ifian oS'S£cTS . N T/rE Si of J.a.e Awn _ uts . 7,44r a Ot uCfl*' Tae' er.RF3S�fG D 5 #ra. C5 Tea. To �D,sr ar . � Ae d/, -IM y/%[J/9-%/ON �S Atto .4 rf%a teamen Ate A- s` u ZStv_ A J. mg. S "ID t/eau M /1-23,01-nerm juy 2)E7 WA4r/r - 7t7 NOT cu.(Per____ 77/V le iv /N O.tce?z'i t Lrv?7t T//e- Lex/T ocr-erSES .T/% /.✓SPe2770/fl 717e" 'nt OFhyi GT<i "9/2-72/s3 /¢ooELr 7 .revAralivt "1' Ce /'Ca- 7liS low7 fi?yzi 7,1/ AV 7.. 4J rn 7 t ele'/'4fe' 6E C/a .G. ivr noVere3 .f/DT n' cants /w AIDA,TTO•v / /2- � ar 4-726.6-Art_ lirfrenz1 772' Llitr/i. The parties are to appear in court on 74'4f47 c7.✓Ec3?c#.rat 9.'Sea/ o'clock for review on compliance with this agreement. • FAILURE of the Plaintiff to appear for this review May Result in the Dismissal of this case. **FAILURE of the Defendant to appear for this review May Result in the Issuance of an Eviction Order. IF EITHER PARTY alleges that the other party has failed to comply with the terms and conditions of this Agreement, s/he may schedule a court hearing after serving a seven business days written notice to the other party and immediately filing a copy of that notice with the court. The seven day period begins when the other side receives notice. Once Approved By The Judge This Agreement Becomes A Court Order And Both Parties Are Legally Required To Follow It. If questions arise, please direct them to the mediator. I Understand That I Have a Right to a Trial Before a Judge, but Instead I Choose to Sign ,this Agreement. ,/1_ n 6� date PRINT NAME Telephone Plaintiff's Attorney ac ant/date \ AtAv/ ( PRINT NAME Telephone Defendant's Attorney Mediator Clerk-Magistrate / Asst. Clerk-Magistrate William H. Abrashkin, First Justice Dina E. Fein, Associate Justice agree.6 5/22/01 (cis) ( ) Copies were given to the parties COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT HOUSING COURT DEPARTMENT WESTERN DIVISION 37 ELM STREET - P.O. BOX 559 SPRINGFIELD, MA 01102-0559 TELEPHONE (413)748-7838 FAX (413)732-4607 WILLIAM H. ABRASHKIN FIRST JUSTICE DINA E. FEIN ASSOCIATE JUSTICE Dase No. DS e OD ¥V/ /WW' 4a,Wo of 77/ LANDLORD/PLAINTIFF CURTIS L. SHAIRD CLERK MAGISTRATE ROBERT G. FIELDS FIRST ASSISTANT CLERK MAGISTRATE KAREN-ANN HUNTOON ASSISTANT CLERK MAGISTRATE Date c&A/r /3/ ZDDS v. jr6r.vei✓ erCAv/c1/ TENANT/DEFENDANT AGREEMENT OF THE PARTIES THE PARTIES AGREE TO THE FOLLOWING AS A RESOLUTION OF THIS CASE /r agnl7 /¢fErS 72) #'a71E L leZais AY'D cw-L £iex3v Fgc E JCT DtDC //N/T ea/D 6./y /roes a.(-iA/a EfnzEKSES 4 '/�/D / cT,✓€ 77 ZODS /F dla - 15 tovnetE ?I) Po /Alb aerial/f7L, Ftc )9m2EL3 7D f2ov(bic etiM2-13 a' M2fl-i f/ LJ/771 4- a Fan_ At DOC Ma- 6F�za rny/n/G TN%l'r %J/s l .D r /S hit/ABGt 7D Gera&- 'Due p //25 /447-42if ADD W G.oa/G lie Ant_ b6 Gr/I!/ret6 7v lla2.'. 77 7" rL_ !Lear et ficene-2.) 7z, nit Oral) //t5-ifire Aro c rW • c /7) 700r By $/"31 PAK - OVER u n / lifilRI f g R. t 1911 ; s � � =� a I vF 1 h G 1 14i1 ?rp- t- Lt �, r 1111 P mt- s. • I Me 6 C -1'I-tin DOLEY DICKINSON HOSPITAL )ARrhMOUTH HITcHCOCK ALLIANCE ELEFAX TRANSMISSION FORM 0 nniak iYlarhrtu Dtact n. &&CLIP± `U %filets M AXE lUati Pxl piren 122.1 RCM CtLiti &Unti kl8JEC,T nrytfull 9-aphkri ica€'cu,(& }ATE tsJ11)05 TiM_K OF TRANS 13413SION Ib«IS iUMBER OF PAGES INCLUDING COVER PAGE a ma 9ESSAGE li,Yh boy', Ili ctI? . OhpFYM .wit/ ,fie 444%1" JD a jwd 14-4 lAtworj G%1 roncteud. Pio-a< mil_ wit) :ON FLDEN T iALITY NOTE: The information contained in this facsimile page is :onfidential informafion intended only for the use of the individual or identity named :bone. Such information may also be legally privileged. If the reader of this message s not the intended recipient, you are hereby notified that any dissemination, listribution,Or copying of this telecopy is strictly prohibited. If you have received this ;opy in error, please immediately notify us by telephone and return the original nessage to us at the address below via the Untied States Postal Service.Thank you. 10 Locust Strttt,P.O.En 5001 •Northampton.MA 01061-5491•Phone(413)5$2-2400•Fn(ORpE;9333 Name Age Address COOLEY DICKINSON HOSPITAL 30 LOCUST STREET • P.O. BOX 5001 NORTHAMPTON,MASS. 01061-5001 (413).582-2000 Reg.# 4C9✓rbC Date 6 -25--OC Ut „'4.-Pe_ w,Ac _Covf , )4; � wry Ne( Le re�I,veaQ �. � ,/,..0 s_ Refills Print name Interchange is mandated unless the practitioner writes the words no substitution"in the space above. Form 119 Rev.12/92 t , t h t ? 1ffMt il ', .. T Do w -' 1 tukt, 1/46 €,/,--0,- 1 j 4:::: v• i ',,, itt / \- I• . 1,094y di,* )0 uharoci, . i Sig" rxo . 1 ' ltat :1. ;, IG� O, A I= GD pim 140,7 6,A5-- ( r N \l' THE TRIAL COURT COMMONWEALTH OE MASSACHUSETTS Hampshire, ss: No. 05CV00258 Northampton Board.o Plaintiff Josephine A:Shaw:& ic1 Defend ORDER Western Division Housing Court Department After hearing on June 20,2005, for which the plaintiff Northampton Board of Health and defendant Josephine A. Shaw were present, but for which the defendant Stephen Kacavich did not appear,the following order is to enter: I. The defendant Mr. Kacavich is prohibited from residing at the premises located at 3 Pomeroy Terrace,Northampton MA., until such time as authorized to do so by the Board of Health or by court order. 2. The Board of Health is ordered forthwith to inspect the smoke and fire detection system at the premises. 3. The Board of Health is authorized by the court to clean the interior and exterior of the subject premises, and shall have a lien against the Shaw property for costs associated therewith. • 4. Mr. Kacavich is referred to the Tenancy Preservation Program 5. Mr. Kacavich is allowed on the premises only by prearrangement with and in the company of Linda Driscoll, from the Tenancy Preservation Program, or a representative of the Northampton Board of Health. 6. This matter is continued for further review on July 11,2005 @ 2:00 P.M. So entered this 02(g1 day of /�'t' 2005. D'na E. Fein, Associate Justice cc: Linda Driscoll, TPP BOARD OF HEALTH MEMBERS ROSEMARIE KARPARIS,R.N.,MPH UINTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health and Meczywor,R.S.,Sanitary Inspector ricia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk se 30, 2005 lephine A. Shaw 'omeroy Terrace irthampton, MA 01060 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 NOTICE OF INSPECTION 5 Pomeroy Terrace-Apt. 47—Matthew Garvin ar Ms. Shaw: 2t2 MAIN STREET NORTHAMPTON,MA 01060 ring the inspections of the smoke detectors on this date at the property located 5 Pomeroy rrace,Apt. #7, owned and operated by you,the tenant brought an electrical concern to my ration. (413)587-1214 FAX(413)587-1221 he kitchen there is a service wire that's appears to have been chewed be an animal and is now e in one area. Please make arrangements immediately to have this wire repaired/replaced by a ensed Electrician. Please notify me at 587-1213 when this wire is repaired/replace and the work ompleted. ink you for your anticipated attention in this matter. Please do not hesitate to contact me if you e any questions regarding this matter. cerely, est J. Mathieu, R.S., M.S., C.H.O. ector of Public Health SHAWS MOTEL PHOTOS OF 3 POMERY TERR. JUNE 27 2005 1:15 P.M. BY ERNIE MATHIEU & TONY PATILLO • k 1� 4 N \ 4 t4 Z 2$F • BOARD OF HEALTH OFFICE OF THE MEMBERS ROSEMARIE KARPARIS,R.N.,MPH JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health and Mecrywor,R.S.,Sanitary Inspector ricia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk age 1 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 MEMO TO: Russell Sienkiewicz,Police Chief FROM: Ernest J.Mathieu,R.S.,M.S., C.H.O.,Director of Public Health C6-- RE: Court Order- 3 Pomeroy Terrace, Apt. #1, Stephan Kacavich,Tenant DATE: June 14,2005 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 On June 20,2005,The Honorable Judge Dina Fine of the District Court,Northampton Division, issued a court order which prohibited Stephan Kacavich,the tenant of 3 Pomeroy Terrace,Apt.#1,to be on the property of 3 Pomeroy Terrace unless accompanied by Ms.Linda Driscoll of T.P.P.or myself He has violated this order at least once. I am asking for your assistance in having him removed from the property,if your Department receives a telephone call stating the he is there.If he is ever observed on the property by your Police Officers,and is asked to leave and voluntarily does, or is removed if he refuses to leave,please have them document it forward me a copy of the report. Your assistance in this matter will be greatly appreciated.I am enclosing a copy of the court order with this memo. Thank You. THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS Hampshire, ss: No. 05CV00258 ORDER Western Division Housing Court Department After hearing on June 20, 2005, for which the plaintiff Northampton Board of Health and defendant Josephine A. Shaw were present, but for which the defendant Stephen Kacavich did not appear, the following order is to enter: 1. The defendant Mr. Kacavich is prohibited from residing at the premises located at 3 Pomeroy Terrace,Northampton MA., until such time as authorized to do so by the Board of Health or by court order. 2. The Board of Health is ordered forthwith to inspect the smoke and fire detection system at the premises. 3. The Board of Health is authorized by the court to clean the interior and exterior of the subject premises, and shall have a lien against the Shaw property for costs associated therewith. 4. Mr. Kacavich is referred to the Tenancy Preservation Program. 5. Mr. Kacavich is allowed on the premises only by prearrangement with and in the company of Linda Driscoll, from the Tenancy Preservation Program, or a representative of the Northampton Board of Health. 6. This matter is continued for further review on July 11,2005 @ 2:00 P.M. So entered this GYoarl day of O,ln/,t 2005. Dina E. Fein,Associate Justice cc: Linda Driscoll, TPP Vf i l l Innpb1 fERrY Oc PuVNM VS. q DoFENDANT !�� I� reins tcy �eic CIVIL CASE FILED , J h,? a1n St N0/L4412i✓pnF/. /!'y9 FEE PD [ ] WAIVED [ ] /V pk—Finamrl-vil amle yhenka OLi TRANSFER FROM O/d GO . ., T<_ TRO [ ] PR INJ [ ] 93A [ ] ZONING [ ] CONTRACT [ ] TORT [ ] TEL /. -5/7—/M/9- TEL ° k B' -• - 1 OTHER SUMMONS SERVED ATTORNEYS ANSWER DUE (20 DAYS) JURY REQUEST [ ] TRIAL REQUEST [ ] PRE-TRIAL CONF [ ] .. SCHEDULED TRIAL SCHEDULED: TEL. TEL. CONT TO: DATE ENTRY BY G /J t 1/ 447 y/R T.,e. v • & —o b Q or e.o JUN 2 0 2005 / ,Mnav ata_ z W 1 3 2005 < JUL Qh.+�lit „� a�o� , 8 . l�r✓ieiv �.�?S-as�ao„z. , 7-18-O5 Cee ay r M mno . as P v kw- $ w` r + D *I v,✓c inba rr ry,r W� bo aA�4 Jail -C w (IA ordrdt re-ry wle.J. . THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS IOUSING COURT DEPARTMENT ,ASE NO. D PCB-- e V 9V WESTERN DIVISION vs. je/,Cac^t' L) Plaintiff(s Defendant(s) ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT /MOTION TO CONTINUE THIS CASE TO: / 1, m . � -5— AT ] MOTION TO DISMISS U ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR ] MOTION FOR THE ISSUANCE OF A WARRANT ] OTHER: a behalf of the Plaintiff(s), the undersigned asks that the above Indicated action be iken n this case for the following reason(s): _ 0 , , aced: 1//°75�5� ] ALLOWED [ ] DENIED LS: 10-5-00 re Signatu Ai t kik Title or Capacity Clerk/Asst. Clerk-Magistrate COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD. OF HEALTH Plaintiff No. 05-PC-00494 STEPHEN KRAVAVICH Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09:30 o'clock, Monday, June 13 , 2005 . Date : May 09, 2005 ECMS: SCH-REVIEW Robert Ity Fields Clerk Magistrate JEFFREY M. KORFF, M.D. Endocrinology and Metabolism (413) 585-0039 sica Tropp, A.N.P. April 12, 2005 Ernest J. Mathieu Director of Public Health :ity of Northampton 112 Main St. Northampton, MA 01060 Re: Kacavich, Stephen DOB: 8/21/58 Dear Mr. Mathieu: 264 Elm Street Northampton, MA 01060 Fax: (413)586-2148 \4r. Kacavich is under my care for type I diabetes. He has significant peripheral neuropathy related to he diabetes. This results in painful tingling sensations in his palms and fingers. It also creates difficulty with basic activities of daily living such as tying his shoes and opening doorknobs. This is unlikely to improve. If you have any further questions please feel free to contact me. Sincerely, IA/W 2-57 12/2 Jesica Tropp, A.N.P. J COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD. OF HEALTH Plaintiff No. 05-PC-00494 STEPHEN KRAVAVICH Defendant NOTICE OF REVIEW DATE The above case will be called for review at Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09: 30 o ' clock, Monday, May 09, 2005 . Robert h U'. Fields Clerk Magistrate Date : April 25 , 2005 ECMS : SCH-REVIEW BOARD OF HEALTH OFFICE OF THE MEMBERS OSEMARIE KARPARIS,R.N.,MPH ,NTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF nest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health rd Meczywor,R.S.,Sanitary Inspector cia Abbott,R.N.,Public Health Nurse Madeline Hecn,Clerk rd 12.2005 Stephen Kravavich 'omeroy Terrace Apt. # 1 rthampton, MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 3 Pomeroy Terrace, Apt. # 1- Re-Inspection ar Mr. Kravavich: 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 representative from the Northampton Board of Health conducted an Re-inspection on April 12, D5,at the premises located at 3 Pomeroy Terrace Apt. # 1,Northampton, owned or occupied you, for compliance with CHAPTER II OF THE STATE SANITARY CODE, MINIMUM 'ANDARDS OF FITNESS FOR HUMAN HABITATION,AND/OR CHAPTER 111, ICTIONSECTIONS 122- 127,ABATEMENT OF NUISANCES,OF THE ASSACHUSETTS GENERAL LAWS. e inspection revealed that the exterior of the premises had been cleaned and that all of the items, j ects, and materials have been removed to the satisfaction of the Board of Health. iwever, the interior of the apartment appears to be in the same condition as in the letter dated arch 21,2005,and your apartment is still condemned until it is cleaned and meets the approval of s Department to be re-occupied. case feel free to contact the Board of Health office, at 587-1214, if you have any questions concerning this Itter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified der the pains and penalties of perjury. nest J. Mathieu rector of Public Health : Board of Health Members Police Chief Building Commissioner Fire Department Town Counsel Josephine Shaw ATE: Hand Delivered on April 12,2005 to Steven Kacavich by Ernest J. Mathieu. ie Mathieu n; Peg Keller h Friday, April 22, 2005 1'.06 PM Joseph Koncas; Ernie Mathieu; Anthony Patillo; 'jfeldman©crocker.com' jest: SRO Strategy Session all. I have been requested by Councilor Richards to bring you together to discuss Mrs. Shaw's SRO units. We need evelop a short term and long term strategy to address the conditionssituations at her properties. Councilor Richards railable next week on Thursday 4/28 between S a.m. and noon and Friday 4/29 between 1 p.m. and 5 p.m. se let me know if either of those days would work for you, and what times are best. Thank you in advance for your stance in this matter If you want to call me to discuss anything ahead of time.. I can be reached at 587-1288. nks again.. Peg Keller/ Planning Department BOARD OF HEALTH MEMBERS RIE KARPARIS,R.N.,MPH,CHAIR XANTHI SCRIMGEAUR JAY FLEITMAN,M.D. STAFF :st J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Meczywor,R.S.,Sanitary Inspector a Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk March 22, 2005 Josephine Shaw 9 Pomeroy Terrace Northampton, MA 01060 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Dear MS. Shaw, Please call me as soon as possible at 413-587-1214 regarding the insect infestation in the building that the condemned apartment is in. Sincerely, Ernest J. Mathieu Director of Public Health Housing Court Western Division 37 Elm Street Springfield, Massachusetts 01103 (413) 748-7838 Robert G. Fields William H. Abrashkin Clerk Magistrate First Justice Date : March 30, 2005 Re : Northampton Bd. of Health Vs : Stephen Kravavich No: 05-PC-00494 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 :30 o' clock, Monday, April 25, 2005 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an att ney, if you so choose. ECMS : SCH-SCAUSE Robert G. Fields Clerk Magistrate BOARD OF HEALTH OFFICE OF THE MEMBERS OSEMARIE KARPARIS,R.N.,MPH INTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.O. STAFF meat J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health rd Meczywor,R.S.,Sanitary Inspector Iola Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk rch 21,2005 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 EMERGENCY CONDEMNATION NOTICE ORDER TO VACATE and SECURE Stephen Kravavich omeroy Terrrace Apt. # 1 thampton, MA 01060 tr Mr. Kravavich: 212 MAIN STREET NORTHAMPTON,MA 01080 (413)587-1214 FAX(413)587-1221 tccordance with M.G.L. c. 111, 127A and 1278, 105 CMR 400.000: State Sanitary Code, Chapter 1: General ministrative Procedures and 105 CMR 410.000: State Sanitary Code Chapter IL Minimum Standards of less for Human Habitation and Chapter 111, Section 121 to 125, Abatement and Removal of Nuisances, of Massachusetts General Laws, Mr. Ernest Mathieu, Director of Public Health for the City of Northampton 3rd of Health, conducted an inspection of the dwelling located at 3 Pomeroy Terrrace Apt.# 1, rthampton on March 21,2005. Present were Richard Meczywor, Sanitarian, and Robert Tomaskowicz, inspector for the Fire Department. A copy of the inspection report is attached. led on the results of that inspection and pursuant to M.G.L. c. 1 1 1 127B and 105 CMR 410.831 (D) the and of Health(Board) finds that the dwelling is unfit for human habitation and is an immediate danger to the or health of the occupant(s). The dwelling is hereby condemned based upon the following material facts [conditions: ARTICLE H 410.000 VIOLATIONS: Front Entrance 410.352, .410.451,& 410.602 - The Exterior front walkway and stairs to your apartment were unsanitary with excessive clutter making it extremely difficult to pass through and walk. This situation is a trip hazard which could result in serous injury. The clutter was obstructing all passageways and all means of egresses to breezeway and the apartment. Page 2-Emergency Condemnation Notice ORDER: Remove and properly dispose of items in the walkway and stairway, including the items on thee front yard on both sides of the sidewalk. Make free all means of egresses leading into the breezeway. Breezeway 410.352, .410.451, & 410.602 - The conditions of your breezeway were unsanitary with excessive clutter. The clutter was obstructing all passageways and all means of egresses leading into the apartment.. There is evidence of very poor housekeeping noted and the foul odor. The breezeway is soiled and needs a thorough cleaning and deodorizing. ORDER: Remove and properly dispose of items cluttered in Breezeway. Make free all means of egresses leading into the Apartment. Interior of Apartment 410.352, .410.451, & 410.602 - The conditions of your apartment were unsanitary with excessive clutter in every room. The clutter was obstructing all passageways and all of egresses. The clutter was also obstructing the second means of egress which is the window in the apartment. There is evidence of very poor housekeeping noted and the foul odor. Some food spillage noted around the apartment. The entire apartment is soiled and needs a thorough cleaning and deodorizing. Page 3-Emergency Condemnation Notice ORDER: Remove all clutter and clean the entire apartment including Bathroom,kitchen counters and appliances. Clean and deodorize all floors and rugs if any, in an approved manner. Make free all means of egresses throughout every room so that at least 80% of the floor area can be seen. The Board of Health acting under the authority of Chapter II of the State Sanitary Code, and Chapter 111,Section 121 to 125,Abatement and Removal of Nuisances, of the Massachusetts General Laws, hereby orders you to make a good faith effort to correct the following violations by March 28, 2005. (7 Days) I are hereby ordered to vacate the dwelling or cause the dwelling to be vacated. Any and all occupants of aforementioned dwelling, or portion thereof, must vacate the premises by March 21,2005, at 7:00p.m. If condemned dwelling,or portion thereof, is not vacated by this time and date any person refusing to leave y be forcibly removed by the Board or by the local Police Authorities at the request of the Board of Filth (105 CMR 410.950 C. u are hereby ordered to secure the condemned dwelling from unlawful occupancy by March 21,2005, at Op.m. No one is allowed to occupy the dwelling and the placard cannot be removed without prior written mission of the Board based upon the Board's written finding that the dwelling is fit for human habitation. wever,the Board is giving you permission to enter you apartment only between the hours of 7:00a.m. 7:00p.m. for the sole purpose of cleaning your apartment as in the orders above. If you or anyone is nd in the apartment outside these hours you could be subject to arrest under 105 CMR 410.950 C. thermore, anyone who fails to comply with any order of the Board may be subject to fines ranging from S10- )0 pursuant to 410.910. Each day's failure to comply with an order shall constitute a separate violation. rsuant to 105 CMR 410.850 through 410.860, if you are aggrieved by this Order,you have the right to guest a hearing within seven (7) days of receipt of this notice by filling a written petition for a hearing before Board. At such hearing, you or any other affected party shall be given an opportunity to be heard,to present [Hess or documentary evidence as to why the dwelling, or portion thereof, should not be found unfit for man habitation and ordered vacated and secured. You may be represented by legal counsel at said hearing. ing a petition for a hearing does not delay or excuse you from the obligation to comply with this Order. 4-Emergency Condemnation Notice This is an important legal document. It may affect your rights. You should have it translated. erely, st J. Mathieu, R.S., M.S., C.H.O. ctor of Public Health Decupant(s)(The Board must supply displaced persons with information concerning public and private housing programs, social ;conomic assistance program,and suitable replacement housing. M.G.L.c.79A,Sect. 6(I-3).)Note: Tenant indicated he did not to stay in a shelter and was going to stay with his brother. d of Health Members e Chief V ling Commissioner Department n Counsel chine Shaw NOTE: Hand Delivered on March 21,2005 to Steven Kacavich by Ernest J. Mathieu BOARD OF HEALTH MEMBERS RIE KARPARIS,R.N.,MPH,CHAIR XANTHI SCRIMGEAUR JAY FLEITMAN,M.D. STAFF :st J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Meczywor,R.S.,Sanitary Inspector a Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk March 22, 2005 Josephine Shaw 9 Pomeroy Terrace Northampton,MA 01060 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Dear MS. Shaw, Please call me as soon as possible at 413-587-1214 regarding the insect infestation in the building that the condemned apartment is in. Sincerely, Ernest J. Mathieu Director of Public Health BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date: Q` os' Time: !,,:b , Map: Parcel: Name of Complainant: trw St4A- t) Address: �7 Tel: 67/ T - N i URE OF COMPLAAIINT: P ( "�`rte.._ -� S� ' "' n G � ' `' / / jar./cca.. Location: �✓. -.4/ 7/ Owner: Imo•' Address: t19 lyti yp Tel: And Taken by: $12 Date of Inspection: G d Time: INSPECTOR'S REPORT: --inal "Wigt S. bin lirlom chin pox N YE. Action Taken: 0 Inspector Signature BOARD OF IIFALTII CITY HALL COMPLAINT RECORD Date: 3116Ia5 Time: 11:15- Map: IParcel: Name of Complainant: N'kbyt, B lelpr.. i_,bl /4-cy Address: 3 « ' ''7 � as Y Ir Tel NATURE OF COMPLAINT: m 4itn -t.w +1 a-,..-4 A In 4P� . t e*.nu K-1:i —'J ea S ze pk.--, Ys-ea-In:a Location: Cl.,ti,ri h> -f Owner: Address: Tel: 1 Taken by:p Ai !Date of Inspection: 37/6J 05 Time: ;az tl INSPECTOR'S REPORT: der- * i/o, . d . s t gyve -. A...ad, ptm.J D Off or L. } 'y rt• H a a. o ,40 jp tinnuta. Iv¢µ---;-iptiti Cb.-,..� 'magi' /X 4.q, c5W ono.", U'n e,a„,9a....a, blryiFl tl Lol+Mkte @neeJ'en Action Taken: e A fi, ,/ d' a IrI 'IL& 0 Inspector nature