Loading...
HomeMy WebLinkAboutMiscellaneous - 10 WALKER ROAD 4/30/2018 (14)2Ae 0 b-// -1115 • THE COMMONWEALTH OF MASSACHUSETTS ° } OFFICE OF THE DISTRICT ATTORNEY FOR THE ESSEX DISTRICT SALEM NEWBURYPORT LAWRENCE TELEPHONE JONATHAN W. BLODGETT Ten Federal Street VOICE (978)745-6610 Salem, Massachusetts 01970 FAX (978)744-2049 TTY (978)741-3163 May 11, 2015 Attn: Keeper of the Record Building / Inspections Department Town of North Andover 1600 Osgood Street Building 20, Suite 2035 North Andover, MA 01845 RE: In the Matter of a John Doe Grand Jury Investigation, concerning a FRAUDULENT' HOME IMPROVEMENT CONTRACTOR SCHEME Dear Sir or Madam: Enclosed please find a grand jury subpoena requiring the production of certain documents in your entity's possession. This request is pursuant to a Massachusetts criminal investigation and we request that the issuance of this subpoena not be communicated to anyone other than those who need to know of its existence. If compliance with this subpoena might result in permanent or temporary termination of services to the account named in the subpoena, or otherwise alert an individual please contact me as soon as possible and before takingaction. ction. In lieu of a personal appearance by a member of your staff before the grand jury, copies of the records may be emailed to Philip.mallard@state.ma.us or delivered to: ADA Philip Mallard Essex District Attorney's Office 10 Federal Street Salem, MA 01970 The records should be accompanied by a sworn affidavit attesting to their origin, truth and accuracy. Please do not hesitate to call me at the number below if you have any questions or concerns. Thank you for your kind attention to this matter. Rincaraly (t) 978-745-6610 x 5033 (f) 978-744-9470 Philip.mallard@state.ma.us .1 L i'9z -7�� FJ��aiirnc�iicc�ca�/�i- cf �%/_'la,�:ar/utJettl Essex, ss. SUPERIOR COURT DEPARTMENT To the Sheriffs of our several Counties, or their Deputies, any State Police Officer, the Constables or Police Officers of any City or Town, and all other officers authorized to serve criminal process in the Commonwealth. GREETINGS: You are hereby commanded to summon: Attn: Keeper of the Record Building / Inspections Department Town of North Andover 1600 Osgood Street Building 20, Suite 2035 North Andover, MA 01845 (If they may be found within your precinct) to appear forthwith before a GRAND JURY sitting at Salem, in the County of Essex, on the 18`h day of May, 2015, at 9:OOAM, and from day-to-day thereafter, then and there to give such evidence as they know relating to any matters which may be inquired of on behalf of the Commonwealth before said GRAND JURY relating to a John Doe investigation concerning a FRAUDULENT HOME IMPROVEMENT CONTRACTOR SCHEME. The above-named witness must bring with him/her the documents or items in his/her possession, custody or control relating, referring, or in any way pertaining to the items listed on ATTACHMENT A. Please do not disclose/notify anyone of the issuance of this subpoena. Disclosure could impede an investigation or obstruct justice. HEREOF FAIL NOT, and make due return of this Writ, with your doings thereon, into the said Grand Jury. FAILURE TO APPEAR MAY RESULT IN ARREST OF THE WITNESS. Witness, Hon. Judith Fabricant, at Salem, on May 12, 2015. A true copy, attest: r Assistant District Attorney 978-745-6610,x 5033 'If you have any questions, please contact Philip A. Mallard at telephone number 978-745-6610, x 5033. A personal appearance may not be necessary if the documents/items are delivered on or before the return date. Essex, ss. RETURN OF SERVICE A.D. 2015 By virtue of this writ, I have summoned the within named witness for his/her appearance at by (please check one): By providing him/her a copy of this writ IN HAND, or; By leaving a copy of this writ at his/her last and usual place of abode, or; By mailing a copy of this writ to his/her last and usual place of abode, or; By faxing a copy of this writ to his/her last and usual place of abode. Signed under the pains and penalties of perjury Deputy Sheriff, Court Officer, Constable, Police Officer, or other Qualified Person Attachment A Any and all documents listed below relating from January 1, 2014 to the present in any way related to any of the following address, individuals and entities (if your files can be readily searched by individuals and entities applying for building permits on behalf of others): ADDRESS: 10 Walker Road, North Andover, MA Any and all documents, including applications, reports, inspections reports, complaints, notices, acknowledgements, forms, affidavits, permit applications, supporting documentations, letters, photographs, correspondence, certifications, building permits, notes, emails, checks, receipts, invoices, facsimiles, notes, memoranda, minutes, summaries, telephone records, telephone message logs or slips, calendars, date books, interoffice communications, legal documents or other documents pertaining to legal actions commenced in any court or produced by a court or legal professional, videotapes, audiotapes, microfiche, microfilm, any electronic media, accounting and financial records of any kind (including checks (front and back), wire transfers, cash payments or receipts, and check requests). t� ESSEX, ss. Now comes COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT In re Grand Jury Subpoena AFFIDAVIT OF THE KEEPER OF RECORDS and states as follows: (Name of Keeper of Records) 1. I am the above-named person; 2. I am the Keeper of the Records attached hereto/enclosed herewith; 3. I am producing the attached records in response to a subpoena in the above - referenced case; 4. I hereby certify that the attached documents are true and complete records of Town of North Andover, Building / Inspection Department. 5. The attached records were made in good faith, in the regular course of business, it is in the regular course of the business of Town of North Andover, Building / Inspection Department to make and maintain such records, and these records were not created in anticipation of litigation; 6. This affidavit is subscribed to and signed under the provisions of Massachusetts G.L. chapter 233, section 78 and / or 79 et seq. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS DAY OF 2015. Keeper of the Records - Signature Keeper of the Records - Print Safety Insurance AdEhLwo Form of Notice of Casualty Loss to Building Under MASS. GEN. LAWS. Ch. 139. Sec. 3B To: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectman City Hall City Hall NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 RE: Insured: KENDALL ELLARD and ADAM ELLARD Property Address: 10 WALKER RD UNIT 2, NORTH ANDOVER, MA Policy Number: HMA 0370522 Claim Number: BOS00044383 Date of Loss: 7/22/2014 Company: Safety Insurance Company Claim has been made involving loss, damage or destruction of the above -captioned property, which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim number. Daniel Olsen Claim Examiner Safety Insurance Company Homeowners Claims Unit P. O. Box 55098 Boston, MA 02205-5098 Phone: (617) 951-0600 EXT 3323 Fax: (617) 531-2762 Email: Danie101sen@SafetyInsurance.com 7/24/2014 2.e C. -O 5�`/06- THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE DISTRICT ATTORNEY FOR THE ESSEX DISTRICT SALEM NEWBURYPORT LAWRENCE 0 TELEPHONE JONATHAN W. BLODGETT Ten Federal Street VOICE (978)745-6610 Salem, Massachusetts 01970 FAX (978)744-2049 TTY (978)741-3163 May 11, 2015 Attn: Keeper of the Record Building / Inspections Department Town of North Andover 1600 Osgood Street Building 20, Suite 2035 North Andover, MA 01845 RE: In the Matter of a John Doe Grand Jury Investigation, concerning a FRAUDULENT HOME IMPROVEMENT CONTRACTOR SCHEME Dear Sir or Madam: Enclosed please find a grand jury subpoena requiring the production of certain documents in your entity's possession. This request is pursuant to a Massachusetts criminal investigation and we request that the issuance of this subpoena not be communicated to anyone other than those who need to know of its existence. If compliance with this subpoena might result in permanent or temporary termination of services to the account named in the subpoena, or otherwise alert an individual. please contact me as soon as possible and before taking action. In lieu of a personal appearance by a member of your staff before the grand jury, copies of the records may be emailed to Philip.mallard@state.ma.us or delivered to: ADA Philip Mallard Essex District Attorney's Office 10 Federal Street Salem, MA 01970 The records should be accompanied by a sworn affidavit attesting to their origin, truth and accuracy. Please do not hesitate to call me at the number below if you have any questions or concerns. Thank you for your kind attention to this matter. Sincerel§tistrict -._. _...... Als Attorney iE;;: (t) 978-745-6610 x 5033 (f) 978-744-9470 Philip.mallard@state.ma.us Essex, ss. ! ! '/ ! /JJ/ J'/J SUPERIOR COURT DEPARTMENT To the Sheriffs of our several Counties, or their Deputies, any State Police Officer, the Constables or Police Officers of any City or Town, and all other officers authorized to serve criminal process in the Commonwealth. GREETINGS: You are hereby commanded to summon: Attn: Keeper of the Record Building / Inspections Department Town of North Andover 1600 Osgood Street Building 20, Suite 2035 North Andover, MA 01845 (If they may be found within your precinct) to appear forthwith before a GRAND JURY sitting at Salem, in the County of Essex, on the 18`h day of May, 2015, at 9:OOAM, and from day-to-day thereafter, then and there to give such evidence as they know relating to any matters which may be inquired of on behalf of the Commonwealth before said GRAND JURY relating to a John Doe investigation concerning a FRAUDULENT HOME IMPROVEMENT CONTRACTOR SCHEME. The above-named witness must bring with him/her the documents or items in his/her possession, custody or control relating, referring, or in any way pertaining to the items listed on ATTACHMENT A. Please do not discloseInotify anyone of the issuance of this subpoena. Disclosure could impede an investigation or obstruct justice. HEREOF FAIL NOT, and make due return of this Writ, with your doings thereon, into the said Grand Jury. FAILURE TO APPEAR MAY RESULT IN ARREST OF THE WITNESS. Witness, Hon. Judith Fabricant, at Salem, on May 12, 2015. A true copy, attest: ar Assistant District Attorney 978-745-6610, x 5033 If you have any questions, please contact Philip A. Mallard at telephone number 978-745-6610, x 5033. A personal appearance may not be necessary if the documents/items are delivered on or before the return date. Essex, ss. RETURN OF SERVICE A.D. 2015 By virtue of this writ, I have summoned the within named witness for his/her appearance at by (please check one): By providing him/her a copy of this writ IN HAND, or; By leaving a copy of this writ at his/her last and usual place of abode, or; By mailing a copy of this writ to his/her last and usual place of abode, or; By faxing a copy of this writ to his/her last and usual place of abode. Signed under the pains and penalties of perjury Deputy Sheriff, Court Officer, Constable, Police Officer, or other Qualified Person Attachment A Any and all documents listed below relating from January 1, 2014 to the present in any way related to any of the following address, individuals and entities (if your files can be readily searched by individuals and entities applying for building permits on behalf of others): ADDRESS: 10 Walker Road, North Andover, MA Any and all documents, including applications, reports, inspections reports, complaints, notices, acknowledgements, forms, affidavits, permit applications, supporting documentations, letters, photographs, correspondence, certifications, building permits, notes, emails, checks, receipts, invoices, facsimiles, notes, memoranda, minutes, summaries, telephone records, telephone message logs or slips, calendars, date books, interoffice communications, legal documents or other documents pertaining to legal actions commenced in any court or produced by a court or legal professional, videotapes, audiotapes, microfiche, microfilm, any electronic media, accounting and financial records of any kind (including checks (front and back), wire transfers, cash payments or receipts, and check requests). COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT In re Grand Jury Subpoena AFFIDAVIT OF THE KEEPER OF RECORDS Now comes and states as follows: (Name of Keeper of Records) 1. I am the above-named person; 2. I am the Keeper of the Records attached hereto/enclosed herewith; 3. I am producing the attached records in response to a subpoena in the above - referenced case; 4. I hereby certify that the attached documents are true and complete records of Town of North Andover, Building / Inspection Department. 5. The attached records were made in good faith, in the regular course of business, it is in the regular course of the business of Town of North Andover, Building / Inspection Department to make and maintain such records, and these records were not created in anticipation of litigation; 6. This affidavit is subscribed to and signed under the provisions of Massachusetts G.L. chapter 233, section 78 and / or 79 et seq. SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY THIS DAY OF 2015. Keeper of the Records - Signature Keeper of the Records - Print A; Safety Insurance Form of Notice of Casualty Loss to Building Under MASS. GEN. LAWS, Ch. 139, Sec. 3B To: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectman City Hall City Hall NORTH ANDOVER, MA 01845 NORTH ANDOVER, MA 01845 RE: Insured: KENDALL ELLARD and ADAM ELLARD Property Address: 10 WALKER RD UNIT 2, NORTH ANDOVER, MA Policy Number: HMA 0370522 Claim Number: BOS00044383 Date of Loss: 7/22/2014 Company: Safety Insurance Company Claim has been made involving loss, damage or destruction of the above -captioned property, which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim number. Daniel Olsen Claim Examiner Safety Insurance Company Homeowners Claims Unit P. O. Box 55098 Boston, MA 02205-5098 Phone: (617) 951-0600 EXT 3323 Fax: (617) 531-2762 Email: Danie101sen@Safetylnsurance.com 7/24/2014 Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Supervisor License: CS -067602 DAVID R HART - PO BOX 1723 211 BROADWNir Haverhill MA 0183,1 Expiration Commissioner 05/23/2016 Office of Consumer Affairs & Business Regulation IMPROVEMENT CONTRACTOR aRegistration: (.-,1,43708 Type: Exoiration:; .6 DBA SERVPRO OF HAV0-1(�1 , LK DAVID HART 230 ESSEX STREET HAVERHILL, MA 01830 Undersecretary The Commonive-arM of ti2'assachuselts , . .�e,�a�txnent o, f.�ic��st.�rc�lAccie%nts Office o, f roves igateons 600 Washington Street Bosion, IVA 02111 WI rnass:govIdia ' ()r x�' �Coxnpext a zon Ins-axance AfRdadt: ]� c e lCa� x°ac ox /EXeel rczczansJ'ItiroXiex •civ _ _ _ 'ri..- t Y ,.....'.'[.7. Name(BasinosslorgadzationlSn&Idual):• Address: UVIS tate/Zip: 1 o Are yorx an employer? C&ek tJLo appxopxzate box: I am a employer with15 _ 4. ❑ I am a general contractor and I - employees(.L9jlland/oxpatt-fta).T have liitedthe sub -contractors listed on the attached sheet: 2. [] I am a sole proprietor or partnex BMP and'liavena•employees These sab-contractomhave worlg g forme in any capacity. workers' comp. insurance, 5. ❑ We are a corporation and its [No workers' comp. insurance xecluired.] of zcers have exercised. their 3. [] 1 am a homeowner clging all work right of exemption per MOL xnyseL Ego workers' comp. c. 152, §1(¢)a andwehaveno employees. [Noworkexs' iusuraucere ed. i � comp. insurance recpaixed.] Type of project (rcegubred): 6, New construction F 7. Remodeling 8. � demolition•— 9 � 9. ❑ Building addition 10.[] Elecfricalxepaixs or additions 11..[] Plumbingxepairs ox additions 12.0 Roofrepairs 13.[] Other :Any applicantthat checks boxI must also fill outthesection below showingtheir workers' compensation policy information. $0rneownerawho submitthkaffidavituidio0nghey�iedoing allworKandthenhireoutside contractors must- subm=itanowafixdayitindicatiiigsuch. xConiracfors that cheoktlus bo annst attached a�z addifiond sheet showingthe name o�the sub-eonfracfors and theirworkers' comp. policy information. arrzctnexnployet�thaiisp oviditigHjot ets'cornpetasationirzsr�taricefot<Wemployees Betowi tiiepalicyaridj0 site infoxmaiion. ' ,1 _ /) Iusmance CompanyNama: ► --� I Expiraiioa17ate:A ! Policy # or Selz ins..Iric. #: I��' 04 lob Bite .A.ddress^ `� scity/State/zip: 41 .Affa.ch a copy Cf the Workers' cozxtpensatioxt-Policy declaration page (show 9'the p0 y number and exqViraiiorz date). Failure to secure coverage as xag0edunder Section 25:A. ofNGI, 0.152 can lead to the impositim Of eximinalpenalties of a fire up to $1,500.00 and/or one�year imprison�nentz as ell.as ciopenalties iu the form. of a STOP W ORK ORDER and a n e w ofup to $250.00 a clay' againstthe violator: Be advised that a copy of thlg statement may be forwarded to the OWra of Investigations of the DIA. for filmance coverage vexiflcation. X do liereby aerinder iiepains an�cip/�fe/naa//Xtie�s Of' et,/uty Mat 00e inf at•�zaation provided moveliissjj ttae and eorre ees ue, OjfyciaZ use oply..Do not wx'ite in this area, lobe completed by ekv ot<ftw ofcial: T Ferm t[Meense Cxtp or a�vn. - 1"issuingAuthority (circle- due): x. Baaxc2 oi��ealtla ?. l ailding�epairtmerzd 3. CitylT- on -A Clerk 4. Electrical Inspector 5. Rlumbingluspector f. Other - r - ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDM'YY)08/04/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER COSTELLO INSURANCE AGENCY 2 South Kimball St. PO Box 5248 Bradford, MA 01835 WNIALA NAME: Emily Costello PHONE Ext: 978.374.6352 NO No):978.521.5127 ADDRESS: ecostello@costellonh.com INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Ins. -ARWC 16586 INSURED Servpro of Haverhill DBA: 211 Broadway Realty Trust 211 Broadway Haverhill, MA 01832 INSURER B: INSURERC: INSURER D : INSURER E: INSURER F: COVFRAGES CERTIFICATE NUMBER: 2013-2014 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD MM/DD LIMITS 10 Walker Road, Unit 2 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—] OCCUR North Andover, MA 01845 Emily Costello EACH OCCURRENCE $ PREMISES (Ea occurrence $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON OWNED HIRED AUTOS AUTOS Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPLK I Y UAVIAGE $ Per accident UMBRELLA LIAB EXCESS LIAB HOCCUR CLAIMS -MADE a EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIV� N OFFICERIMEMBER EXCLUDED? I I (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC531S368163013 08/19/2013 08/19/2014 X TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CFRTIFICATF HOl_f]ER CANCELLATION W 1885 -ZULU ACURU cURPURATIUN. All rignts reservea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Kendall & Adam El 1 and AUTHORIZED REPRESENTATIVE 10 Walker Road, Unit 2 North Andover, MA 01845 Emily Costello W 1885 -ZULU ACURU cURPURATIUN. All rignts reservea. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 2 of 2 AUTHORIZATION TO PERFORM SERVICES AND DIRECTION OF PAYMENT Terms and Conditions of Service READ CAREFULLY Note: This Contract includes a limitation of liability and limitation of remedies. 1. SERVPROO is one of the largest nationwide Cleaning and Restoration franchise systems in the United States. The SERVPRO@ Franchise owner identified on the front of this Contract (the "Provider") is an independent contractor who agrees to perform the services identified on the front of this Contract (the "Services"). Client agrees to purchase, receive, and pay for the Services pursuant to the terms and conditions of this Contract. Servpro Industries, Inc., the Franchisor, is not a party to any agreement with Client, is not a guarantor of the Provider's Services, and is not subject to liability arising out of such Services. 2. Provider's performance of the Services is limited by, among other things, the pre-existing conditions and characteristics of the premises, material, fabrics, furniture, and/or other items. PROVIDER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PRE-EXISTING CONDITIONS. Client shall retain responsibility and shall be liable for all effects of and costs necessary to correct such conditions, including, by way of example and not limitation, the conditions identified below: (a) Provider may, in its sole discretion, pretest materials for removability of spots or stains; dye or color fastness; shrinkage; fading; adhesive breakdown; or other problems. It is not always possible to determine these conditions in advance. PROVIDER DOES NOT GUARANTEE SPOT OR STAIN REMOVAL AND COLOR FASTNESS OR PREVENTION OF SHRINKAGE, FADING, OR ADHESIVE BREAKDOWN. (b) Provider DOES NOT GUARANTEE that wall and ceiling cleaning will restore the original color to painted surfaces. (c) Not all fabrics are conducive to cleaning. Provider shall use reasonable efforts to advise Client of any adverse effects which may be reasonably foreseen due to the nature of the fabric or material involved. PROVIDER DOES NOT GUARANTEE THAT SUCH MATERIALS CAN BE CLEANED OR THAT THERE WILL BE NO ADVERSE EFFECTS TO ANY ATTEMPT TO CLEAN SUCH FABRICS. (d) A variety of materials are used in the manufacturing, upholstery and/or installation process. These materials include backing, lining, tacks, or other unknown substances that may cause discoloration or other adverse effects to the face material. Client acknowledges that it is impossible to determine when such adverse effects may occur and PROVIDER DOES NOT GUARANTEE AGAINST SUCH ADVERSE EFFECTS. (e) Client acknowledges and agrees that mold is commonly found throughout the environment and that it is impossible to eradicate mold. PROVIDER DOES NOT GUARANTEE THE REMOVAL OR ERADICATION OF MOLD. 3. PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND ALL IMPLIED WARRANTIES (EITHER IN FACT OR BY OPERATION OF LAW) INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, CUSTOM OR USAGE OF TRADE. THIS CONTRACT PROVIDES FOR THE PROVISION OF SERVICES AND DOES NOT PROVIDE FOR A SALE OF GOODS. 4. Limitation of Liability: IN NO EVENT SHALL PROVIDER, ITS OWNERS AND OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, FRANCHISOR OR AFFILIATES BE RESPONSIBLE FOR INDIRECT, SPECIAL, NOMINAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR FOR ANY PENALTIES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF IT HAD BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE; OR FOR CLAIMS BY A THIRD PARTY. THE MAXIMUM AGGREGATE LIABILITY SHALL N'OT EXCEED THREE TIMES THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES OR ACTUAL PROVEN DAMAGES, WHICHEVER IS LESS. IT IS EXPRESSLY AGREED THAT CUSTOMER'S REMEDY EXPRESSED HEREIN IS CUSTOMER'S EXCLUSIVE REMEDY. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Some states/countries do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you. 5. Should Provider bring legal action to collect monies due under the Contract or should the matter be turned over for collection, Provider shall be entitled, to the fullest extent permitted under the law, to reasonable legal fees and costs of any such collection attempt, in addition to any other amounts owed by Client. This attorney fee provision shall not be effective or enforceable in jurisdictions where attorney fee provisions are made reciprocal or invalid by operation of law. Consent is hereby given for filing of mechanic's liens by Provider for the work described in this contract on the property on which the work is performed if Provider is not paid. _.. 6. Any labor, materials or other work beyond that identified in this Contract shall require a written amendment to this Contract and will result in additional charges 7. Any claim by Client for faulty performance, for nonperformance or breach under this Contract for damages shall be made in writing to Provider within sixty (60) days after completion of services. Failure to make such a written claim for any matter which could have been corrected by Provider shall be deemed a waiver by Client. NO ACTION, REGARDLESS OF FORM, RELATING TO THE SUBJECT MATTER OF THIS CONTRACT MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CLAIMING PARTY KNEW OR SHOULD HAVE KNOWN OF THE CAUSE OF ACTION. 8. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder. 9. CLIENT AND PROVIDER EACH WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL CLAIMS OR CAUSES OF ACTION (INCLUDING COUNTERCLAIMS) RELATED TO OR ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS CONTRACT AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY. 10. If any provision of this Contract is found to be ineffective, unenforceable or illegal for any under present or future laws, such provisions shall be fully severable, and this Contract shall be construed and enforced as if such provision never comprised a part of this Contract. The remaining provisions of this Contract shall remain in full force and effect and shall not be affected by the ineffective, unenforceable or illegal provision or by its severance from this Contract. 11. No modification, termination, or attempted waiver of this Contract shall be valid unless in writing and signed by the party against whom the same is sought to be enforced. SERVPRO® Franchisees are always looking for motivated employees. SERVPRO's individually owned and operated franchises offer a variety of positions including crew chief, production techician, marketing representative, administrative assistant and many more. © SERVPRO® INTELLECTUAL PROPERTY, Inc. ALL RIGHTS RESERVED FE -051707 1.0 28000 08/12 Each SERVPRO® Franchise is Independently Owned and Operated. „L ,0£ 0 oo LT O - Z-� m Cd T 00 TZ „6.0I E5 0 0 t M > o � a AT ,6Z Customer Name:!: Loss Address: City: Authorization to Perform Services and Direction of Payment Kendall and Adam Ellard Date of Loss: 07/23/14 North Andover Insurance/Customer: SAFETY Insurance State: MA Zip; 01845 Claim Number (if available): BOS00044383 Page 1 of 2 The undersigned Customer, being the building owner, owner's representative, or resident, authorizes the Provider indentified below to perform any and all necessary cleaning and/or restoration services on Customer's property located at the property address above, and with respect to items that need to be cleaned at a remote location to remove and clean such items as necessary. Customer authorizes SAFETY Insurance Insurance Company herein referred to as "Insurance Company," to pay Provider solely and directly for that portion of the work covered by Customer's insurance policy. If, for any reason, Customer receives a check from Insurance Company made payable to Customer, Customer agrees to pay Provider immediately upon receipt of the check. In order to expedite payment to Provider, Customer hereby appoints Provider as attorney-in-fact, authorizing Provider to endorse Customer's name on Insurance Company checks or drafts, and to deposit Insurance Company checks or drafts for Provider services. Customer agrees to pay Customer's deductible in the amount of $ that applies to this claim. If any amounts owing to Provider for Provider services are not covered by insurance, Customer agrees to pay those amounts to Provider within fifteen (15) days of Customer's receipt of invoice. It is fully understood that Customer and its agents, successors, assigns and heirs are personally responsible for any and all deductibles and any costs not covered by insurance. Interest and finance charges will be charged at the maximum allowable by law, or at 1.5% per month, whichever is less, on accounts over thirty (30) days past due. Time is of the essence. Customer agrees that Provider is working for the Customer and not Customer's Insurance Company or any agent/adjuster. Property Owned By: Remarks: I HAVE READ THIS AUTHORIZATION TO PERFORM SERVICES AND DIRECTION OF PAYMENT, INCLUDING THE TERMS AND CONDITIONS OF SERVICE ON THE REVERSE SIDE HEREOF, AND AGRE Customer Reviewed Customerjqormation Fo Y O Customer's Signature: Printed Name: Kendall and Adam Ellard Date:���✓�,� Customer's Email: N Provider's Signature: Franchise Legal Name: d/b/a SERVPRO° of: Date Danvers/Ipswich I © SERVPRO® INTELLECTUAL PROPERTY, Inc. ALL RIGHTS RESERVED FE -051707 1.0 28000 08/12 Each SERVPRO0 Franchise is Independently Owned and Operated. r L V 3 O J W = LL O Q (QO t O LOL +O' N U Q In O d N~ Z Z m = '2 fu -0 O LCL L O C' vz C E U LL 0 U N Z C7 Z m J a L O fL 11 0 V N Z Q U � J LYai L tou d' Ut � In @ LL cc U C Z O C:: LL W' Q W D LL cM m +� O N D N Y O In in Co O �a � w o CA E Q C CD C�C0 L _r O0� w+ N m � c � L y a> = O � Eoo 3�CL �z C = L 0 QCLm CD x o 1— •o v, � � pOp W LL-.� °� N C 'Q.� o u.jE C-) 0�cL c: o (D c .a o H Z a o U z O O o W CL U) z z 0 m V/ CO 1"'• Z L CO 0 Z C.) W CL Z w0 C'' �� W J E O lw FIRST-CLASS MAIL Dear Brian Leathe: North Andover, Massachusetts, 01845 978-387-6135 Elainelegal@yahoo.com December 19, 2012 I have owned at Meadow View since 1981. I do not have a mortgage but fell behind for a short time in my fee(s), which were and are high. You should know, I offered the money at a later time and the board rejected both my offer and fee in writing on September 7, 2011. This money would have benefited the Meadow View property. It would also have stopped the board from continual litigation against me and their attempt(s) at auctioning my home. At this time, I am in the middle of bankruptcy but this is not why I am writing you. I am writing you because Shawmut advised the owner(s), at our annual meeting: 1. The town forced Shawmut and or Meadow View into a three-year agreement; 2. The town forced Shawmut and or Meadow View into getting a $500,000_00 loan; 3. Replacing all balconies or else be shut -down due to unsafe condition(s); I have a document whereas, a trustee admits that (1), Meadow View deferred maintenance for on or around the last (20 -yrs). (2), the deferred maintenance income is not reflected in any reserve fund. (3), the loan(s) support work that was never done and reflect missing money during the time.period we were being self -managed by same. At this same meeting, the owner(s) were told that the board member(s) had their exemption(s) offset or written -off which is illegal and contractually unenforceable. The money the board member(s) owed to the association amounted to hundred(s) of thousand(s) of dollar(s) supplying instant reserves for this property. And the board refused to stop paying themselves monthly income check(s) in return for being trustee(s). And these monies are paying their fee(s) now that Shawmut has taken over. Shawmut has refused to release critical information to me such as insurance policies or a contract between him and the alleged board member(s). I am concerned over their alleged agreement with the town and the reason(s) why they are unwilling to give me copies of same. -1- At this meeting, Shawmut refused to implement special assessment(s) even though they did so years ago, which lead to no reserves ... I am suggesting the board does not care about the association and in fact never did. Shawmut is in place simply to protect the board from possible criminal charges. I have attempted to make my concerns known to the town in the Past and was told that this was a private matter between me and the board of trustee(s). I believe it is fair to say; now, the board has created a situation whereas the town had no choice but to step in and this is no longer a private matter. In fact, it is in both our interests that we meet and share this information. Please acknowledge this letter and I will call you later next month to make an appointment. I Appreciate Your Kind Time In This Matter, IPA r:� EM Nj Cf. CL- L kis TJ r1i EM Nj Cf. CL- L kis Lo Im0 —o W r• r- 0 0 C\l 0 N 0 . Cj �0 14 O d®<V co 0 h p 0 Y6� a M J ,F �Mn No o 42- k, i LII nz�