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HomeMy WebLinkAboutMiscellaneous - 11 Marble Ridge Road (4) r 11 MARBLERIDGE ROAD 3 2101037.C-0011-0000.0 i s J V li 7 / 17 ,L., 17CI 0_ e_l us ZZ� r a 7 Aelilao , TZ� 61-7 J r 1 i C i s�- _. �� ✓'i C�.�,� Z L5 e2 e ( ✓ �, i 1/9/08 RECEIVED No. Andover Board of Health Dpt. Attn: Michelle Grant JAN — 9 2008 1600 Osgood Street No. Andover MA 01845 TOWN NORTH ANDOVER HEALTH DEPARTMENT Ms. Grant, I appreciate your taking the time to speak with me today. Attached you will find copies of the dialogue between Patricia A. Warringer(Tenant), Kingfish Trust(Landlord) and Atty. Wayne Simmons (Morris, Rossi &Hayes). The copies are in order of how they transpired. I hope that this not going to become an issue with Patricia as per her letter dated 12/27/07 of vacating the property. Thank you once again for your help in this matter. Sino.rely, Kinfish rust g Elbridge C. Leland, Trustee 11 Marbleridge Road �---� No. Andover, MA 01845 (978) 683-0958 NOV e1 U-/ Ub: dua WHKKIMUtK UIU bC,J yl-IU P. 1 FAX Date: Tot. # pages(inclusive) Fax To company: Attn: -) 2 , Fax To # 9 � Tet. # From: Tel. M [978) 975-7727 l ��L tU-* k (M Fax #: 978 975-7727 same 9, call first J CON Subject: Notes: C, i1 Nov i�l U'l UU: JUa WINK I NbLK U'IU UUU UVIU P e- FPaM :GLRSSMASTE-RACT CLASS FAX 1,U. :97196834500 Nov. 1B 2007 06:42P"! P3 LF3" R305-04 -R-EN7A L C,REDIT A PPLICA 71 ON, Date A ^Interviewed By Name Of App0can't Date of Blrth Social Sec.No. Drivers License No. Present Addr935 City ---7T state L Prim Address zip CRY A, $tale 7-P h." Now long have you lived a,Present address? I -S /(0 ,1 r OW!Qng have YOU lived at pribr SO NEIM9 Of LandW C S-" /C /V' Pror Landlord Telephone Telephone Now many will bo living in this unit? Adult8-- P*13�- Weight of pets 1 Employer Occupation614 es Ho ,act Poison Tolepone /I-/- fl Name of Spouse DATLI,of Birth Telephone Social See.No. Drivers Licensc Employer Occupation Current Salary How long? Contact Person Te4ephTelephoneIMA1011T.7,KTF Ill Ms, � Bank Name w lo,,gl Branch fAddfess A of Checking Account No. Savings Account No.. 1192.2M Milk E-Z Frodu.m.Jul, ft4e 1 Tt-Prod-docs nut constitute the me4cring of tepj;ad%iceorservices. u4; Rt-j MM T114 PftyJ I it i=ndcd ler Inromfititmal use baly and is no:a sub%jilutc for;gat Avire.31W(-�vary,w coob'414 mn aflomy an all kcal minors.nil wnOuct was bol tv 4 penon licgl' e to prlietter Ia.ill a-hills. NOV G1 ut UU: JZlE urNKKLriur=K 010 000 0410 FROM :GLASSMAETERACT GLASS FAX. NO, :9786834500 Nov. 18 2007 06:11PM P2 PERSONAL /CREDIT REFEREWES r )NAME RELATIDNSH7 TELEP I _.1'Q..!�YYZ— i S--G��'L-- /; •E c�yt` r/•cPf I'�U— ���J •—� CREDIT GRANTOR ADDRESS TELEPHONE ^, r- \ A-0 L �y OTHER v� INFORMATION Number of vehicles;including carppany cars)_ MakelModel C�i'f �/. r�.' r'7 L.% Year Color 1 r , !Vo. State i .06k,MakelModel ( o{or iA4G State Make/Model Year Color Tag Na State HAVE YOU EVER Filed for Dankruptcy o Yes 14No,: If yeS,when? Been served an eviction notice or been asked to vacate a property you were ranting? o Yes Q No - willfully or intentionally retuned to pay rent when due? oyes e 4 No If yes,when? ` Been sued for unlawfu ��\ a� =� o Yes kNn How were you referred to us,.• ♦Newspaper(nit ' ) o Realtor(name) o Other Rental Unit applied for KQ0N 6115 Notice to Prospective Tenant Radon is a naturally owurring radioactive gag that,when it has acCumulated in a building in ' sufficient quantities,may present health mica to persons who are exposed to it over time.a.Levste of radon that exceed federal and sial# guidelines have been found in buildings in every state.Additional Information regerdinp radon and radon tG$ting may be obtained from your county public health unit. LEAD PAINT —Every purchaser of any Interest in residential real property on which a residential dwelling was bultt prior to 1978 is notified that such property may present expoavrd to lead from lead-booed paint that may place young children at risk of developing lead poison- ing.Lead poisoning n young children may. produce ermanent neurological damage, including learning disabllicies. reduced intelligence Quotient,behavioral problems Ano memory.Lead poisoning also poses a particular risk io Pregnant women-The geu®r of any interest in residential real estate is required to provide the buyer with any information on lead-based paint hazards from risk 10883smenta or Inspection In the salter s possessior and notify the buyer of any known lead-based paint hazards.A risk assessment or inspection for Lpossible head-based paint hazards is recommended prior to purchase. ` oe,t 12/26/07 Morris, Rossi &Hayes Attn: Dan Hayes 32 Chestnut Street Andover, MA 01810 Landlord: Kingfish Trust Elbridge C. Leland, Trustee 11 Marbleridge Road No. Andover, MA 01845 Telephone# (978) 683-0958 Work # (978) 683-4500 Please Note: The Kingfish Trust beneficiaries are the Landlord's two sons who do not know that they are the beneficiaries. Tenant: Patricia A. Warringer 11 Rear Marbleridge Road No. Andover, MA 01845 On November 16th, 2007,Patricia Warringer called to inquire of a home at 11 Rear Marbleridge Road,No. Andover for rent. Sandra Leland, wife of Elbridge Leland, called Patricia Warringer that afternoon spoke with her in length about Patricia's background and why she wanted to move from her present rental apartment. She told Sandra that she had lived in a Duplex at 75 Davis Street for about 1 %2 years and had been recently divorced with 3 children and was having a few issues with her present landlord. We set up an appointment to look at the apartment for the next day,November 17' , 2007. Patricia and her daughter, Haley, came to check out the rental home on November 17tH and stated that they would definitely like to rent it. Sandra asked if they had any pets, and they both stated just a small dog. Sandra informed them that we had never allowed any pets whatsoever in the home but we did have 2 other potential renters and they both had small dogs. Sandra said that she would speak to her husband about the dog and get back to her. They were very interested and asked that Sandra get back to them ASAP. Sandra and Elbridge agreed that they would allow one small dog into the home because all 3 potential residents each had small dogs of their own. Sandra called Patricia the in the morning of next day and told her of the decision of the one dog,but no other pets and we would consider renting to her. She said she was interested in renting from us and would move in January lst. Sandra said she had other prospective tenants that were willing to move in as of December lst and we would have to rent to them because we wanted to rent the home as of December 1St, 2007. She hesitated a little , and then stated that would be fine and please decide to rent to her instead of the other prospective tenants. Sandra said she would get back to her later during the day. Patricia then spoke in length of her background of recently getting divorced from her husband of over 25 years. Her husband and 3 children lived in a home near Harold State Park for over 25 years but after the divorce moved into a Duplex home at 75 Davis Street,No. Andover, MA which was where they were presently living. She spoke of her three children—2 boys living away in college and one daughter living with her and going to No. Andover High School. She stated that she worked from home. She continued to ramble of her hard life with her Ex-husband. Sandra had to kindly cut her off. Sandra had an appointment to get to and it was getting late. Sandra called Patricia back that evening and said we would rent to her as of December 1St and she would have to fill out the Rental/Credit application so that we could check for references and with her present landlord. She asked Sandra to FAX it to her and in a shaky voice asked Sandra to please DO NOT Call her present landlord because she just found out recently that she, Patricia had been paying for all the water and sewer bills for the other part of the duplex house that she was presently living in. She did not want her landlord to know that she was going to do something about this situation, so if Sandra called'to check out Patricia,things could get worse. She stated that he was a very mean person and when she brought up the fact that she thought she was paying for the water and sewer for the whole house and was this a fact. He became very angry and said yes she was but she had been compensated in her monthly rent. She also stated that she felt that she was paying for the electricity for the entire house, not just her rental. She stated to Sandra that her heating bill was well over$400.00 per month and felt that she had been paying for the entire house for this bill also. Please Do Not Call her landlord because she did not want him to know that she was considering moving because things could get tough for her if he knew. Then her voice started to quiver and she stated that one day she came home and found her landlord in the hallway looking suspiciously. She knew her daughter was home alone and asked what was going on. He stated that he was just checking on things for the other tenants. She said he had become very mean and creepy lately and thought he was going through a rough divorce. She stated she didn't trust anything he said or did. Patricia called Sandra later in the day of Sunday,November 18th , crying and distraught that her landlord was taking her to court because of the water situation. She was very distraught and said that the landlord told her that he just got divorced and wanted to move into Patricia's duplex with his two sons. Patricia stated she felt that was just a way to move her out so that he did not have to deal with the illegal things that he had been doing. She didn't know what to do. She stated that Patricia had 2 days to move out with all her things. She started to cry and couldn't believe someone could do this. She had 2 days to decide what to do. Sandra asked if she had received a written notice to evict and she stated NO. Sandra stated that she found this hard to believe that she was not served a written notice. Patricia stated that she was not being evicted but it was called something else-because it was not eviction because the landlord himself wanted to move in, not renters. Sandra suggested she speak to a lawyer. Patricia said Haley, her daughter, had a friend whose dad was a lawyer. Sandra then told her she would talk to her husband and maybe consider letting her move in right away. Sandra just couldn't believe the landlord could do this. Sandra and Elbridge decided the only humane decision to make would be to let her move in. She had convinced Sandra and Elbridge that she had no place to move to within 2 days—which was 3 days before Thanksgiving Day. Her boys would be home for the holiday and no place to live with their mother and sister. Patricia seemed so nice and with going through a divorce recently and now the problem with her landlord taking advantage of her-it was just a terrible situation for a person to be in right before the holidays. Sandra called Patricia Sunday night at 6PM to let her know that she could move in but before she did they needed the Rental/Credit Application ASAP. Patricia stated she never received the 1St FAXED copy so Sandra FAXED another copy to her. Patricia stated that her daughter's friend, who is a lawyer suggested to Patricia to go to Salem Court early Monday AM so speak to a judge that deals with situation just like this one. He might be able to demand that her landlord give her more time to find a place and move after the holidays. Patricia asked if we had any storage space in our barns to rent to her at this time. Sandra couldn't promise anything but would speak to Elbridge about renting a small space about 8'x8' but Sandra couldn't promise anything. Tuesday AM no FAX or telephone calls from Patricia but late Tuesday evening Sandra called Patricia to ask what had happened with the Salem Court. Patricia stated that she decided to drive into Boston at 5AM to be at the Boston Court house for 7AM so that she would have a better chance in court. The court said she had to move out by Wednesday and nothing else could be done. Patricia stated she was shocked by the decision and was so thankful that she met such nice, caring people like Sandra and Elbridge. Sandra stated she still had not received the Rental/Credit Application and needed this before Patricia moved in. Patricia stated she would FAX it over ASAP. She then stated that the Landlord informed her that a moving company was moving all of Patricia's belongings to wherever she told them. He didn't care where, but it was ALL being moved out by the end of the day, Wed., November 21",2007. Sandra told her she could tell the movers to move the items to I IRear Marbleridge Road and she would have to pay %Z a month's rent for 11/22/07-11/30/07 which would be $1,000.00. We would also need$2,000.00 by December 1St for December's rent and another $2,000.00 for Security Deposit by December 1St. Sandra also stated that Elbridge and she did not have any space to rent for extra storage but felt badly about this. Sandra and Elbridge finally received the Rental/Credit Application from Patricia at 6:30PM on November 21St,the day before Thanksgiving. The moving truck moved her items to the outside of 1.1 Rear Marbleridge Road around 9:30AM on Wed, 11/21/07. It was a terrible snow/rainy day and a huge amount of furniture and boxes, etc. were left by the movers in our driveway. She asked where was the space she was going to have in our barns and we stated we would allow her to place the items that would not fit into the rental home in a small section of our work barn for 2 weeks. We gave her 2 weeks because of the holidays, but no longer. She became very angry and belligerent. She started to scream and said that Sandra had positively stated that she could rent a barn for her items. Sandra stated that she had said no such thing. We felt badly once again for her and she looked extremely exhausted. We reiterated she could place a few extra belongings in the work barn until we returned from our Florida trip which was December 8`h, 2007. I handed her the Monthly rental agreement and explained that she would be paying for all her utilities including water and sewer including an additional line to barn. Sandra and Elbridge explained this was a water line that was in a barn next to her rental home. The cost would be minimal. She understood and agreed by signing the Monthly Rental Agreement.. On Thanksgiving day Elbridge noticed 3 cats roaming outside the rental property. He knocked on Patricia's door and asked about these cats. She admitted they were hers and that she would get rid of them. Elbridge reiterated NO CATS were allowed on this property and that her dog must be on a lease at all times while outside. She agreed to this. While talking to Patricia, Elbridge noticed another dog in the house and asked Patricia whose dog wasit. She stated it washer sister's and she was doing her a favor just for the day by taking care of her sister's dog. Elbridge reiterated that she is only allowed one dog and no other pets whatsoever. Patricia stated not to worry about the items outside-they would be moved shortly. Sandra later went to Patricia's door and asked for the $1,000.00 that she owed for the November rent. She said that she had agreed to pay $1,000.00 for the November rent, but when she figured it out she did not owe this amount. A month's rent was agreed upon as being$2,000.00,therefore,that would make it $66.66 a day times 9 days left in November which would be $600.00. She then handed Sandra a check. The check for$2,000.00 was placed in a account for Kingfish Trust, Beneficiary of Patricia A. Warringer. On Saturday, the 24h, 2 i/2 days after the movers moved 2 huge truck loads of furniture and boxes to 11 Rear Marbleridge for Patricia and her family, 90% of these items were still in the middle of our driveway. About 10% of the items her children moved into our work barn the day before. Elbridge spoke to Patricia and reiterated that all the items must be out of the driveway and the items that were placed in the work barn must be removed before he returned from Florida which would be 12/8/07. Elbridge asked Patricia to leave the $4,000.00 that she owed to us with one of our sons on 12/1/07. Around November 28, 2007, Chris Jenkins, old Landlord of Patricia Warringer on 75 Davis Street,No. Andover, MA stopped by 11 Marbleridge Road looking to speak with Elbridge of his old tenant, Patricia Warringer. He left his cell number for Elbridge to call him. Elbridge called Chris and Chris explained the terrible situation that he was in with Patricia. He E-mailed several court documents and mentioned that Chris evicted Patricia for Non payment and destroying the interior of his rental home. He also mentioned that Joseph Levis, Patricia's previous landlord before Chris Jenkins had also evicted Patricia for non payment and for destroying the interior of his rental home. They both stated that"She Trashed The Place". r• ' Patricia lied on her Rental/Credit Application twice-she stated that she had never been evicted and said no when asked if she willfully or intentionally refused to pay rent when due. While Elbridge was in Florida, Elbridge's two sons who live at 11 Marbleridge Road, called to let their father know that there were 3 cats peering from the rental property at 11Rear Marbleridge Road,No. Andover. They also have seen these 3 cats outside numerous times. One son also informed Elbridge that one day he noticed 2 Verizon trucks on our property and asked them what they were doing. They informed him they were told by the owner of 11 Rear Marbleridge Road to add their wires for Verizon service. In fact, Elbridge,the Landlord had no idea of Verizon adding their wiring. . 12/25/07 Noticed a cat peering from the window at 11 Rear Marbleridge Road. 12/24/07 Received copy of Rejected check for insufficient funds of$2,000.00 per attached. Security deposit, escrow account. ADVICE FOR UNPAID DEPOSITED ITEMS Page 1 of 1 SS1912079-136 ACCT. NO. 69200075401-0 12/19/2007 OFFICE/BRANCH: 692/692 ACCOUNT TYPE: REGULAR DDA - DIRECT THE FOLLOWING ITEMS HAVE BEEN RETURNED. WE ARE CHARGING YOUR ACCOUNT FOR ITEMS # ITEMS: 1 RETURNED 'UNPAID AS LISTED BELOW AND AMOUNT: $2 , 000 . 00 A RETURN ITEM HANDLING FEE. FEE: $10 . 00 TOTAL: $2, 010 . 00 Reason REFER 'EM PATRICIA WARRINGER tENEF SDItREIbN' NEW 'ENGLAND KINGFISH TRUST AF PO BOX 841002 11 MARBLERIDGE RD BOSTON MA 02284 N ANDOVER MA 01845 1-877-768-2265 -------- *011100481* (� �.. r. • a.� t �s�+'Y.�'e. �a w^._ .r.+.�1. ^.' .. ic..:er.)+r.±-c !"YJI..w.�f!l�Pi3t S t" 12/19./2007 0 6330592597 "u PATRICIA A.WARRINGER ` Y� 2033 }� ' This is a LEGAL COPY of N nq ' : (' your check. You can use i t a N NQRTH DOx�X81 0 �_�y�127MA 12 � the same way you would � mr Q7�{'J' $' use the original check. tiru'. � Ln S RETURN REASON-A C-:,4, pay W, NOT SUFFICIENT f-9 0 FUNDS N o QV Waoffors 8 co a M o ankofAmerica � . ao c "" _0 Ln F ` 6J I:0 L L000 1381: 00460940"a?301 ;3 3 ��'000 000004' �Y�.bYa1 -. •�M_�%: ar. 19. ` /♦ �4_ .'dyYi , :!3 VrI.RI. •R/.•CLr tYl IXO L L000 L 381: 00460940 5 7 3.0112 20 3 3 1'0000 2000001' MORRIS, ROSSI & HAYES ATTORNEYS AT LAW 32 CHESTNUT STREET ANDOVER. MASSACHUSETTS 01810 MICHAEL W.MORRIS,SR. TELEPHONE (978) 475-1300 LAURENCE J. ROSSI FAX (978) 474-0478 DANIEL A. HAYES, JR' E-Mail:MRH.ANDOVER@VERIZON.NET MELISSA MORRIS DANISCH' WAYNE F. SIMMONS, JR.' MICHAEL W. MORRIS, JR.' JONATHAN J. ROSSI 'Also admitted in NH December 27, 2007 Served Via Constable Patricia A. Warringer 11 Rear Marbleridge Road N, Andover, MA 01845 Re: Three(3)DAYNOTICE TO QUIT(Default of Lease) TENANT: Patricia A. Warringer PREMISES: 11 Rear Marbleridge Road N. Andover, MA 01845 Dear Ms. Warringer: Please be advised that this office represents your landlord Elbridge C. Leland, Trustee of the Kingfish Trust, owner of the premises you rent as tenant located at 11 Rear Marbleridge Road N. Andover, MA 01845. YOU ARE HEREBY REQUESTED TO QUIT AND DELIVER THE PREMISES YOU NOW RENT AS A TENANT AT THE ABOVE NAMED PROPERTY. In accordance with Paragraph 8 of your Lease Agreement, you have three (3) days from your receipt of this notice to vacate the premises. The reason(s) that the Landlord wishes to terminate your tenancy is because you have (1) failed to pay rent when due; (2) failed to pay security deposit when due (check bounced); (3) made false representations as part of lease application; and (4) kept pets (cats) on the premises, each of which is in violation of the terms of your written lease agreement signed by you on November 21, 2007 (copy attached). IF YOU FAIL TO SO VACATE, YOUR LANDLORD SHALL TAKE DUE COURSE OF LAW TO EVICT YOU. By law, a court is the final authority in every eviction, and if you believe you are entitled to remain as Tenant, you or your lawyer may present your case in court. -1 Patricia A. Warringer December 27, 2007 Page 2 ANY MONIES PAID AND ACCEPTED BY THE LANDLORD ARE ACCEPTED FOR USE AND OCCUPANCY ONLY AND NOT AS BACK RENT AND WITHOUT IN ANY WAY WAIVING ANY AND ALL RIGHTS UNDER THIS NOTICE TO QUIT UNDER ANY SUBSEQUENT SUMMARY PROCESS PROCEEDING. Vacating these premises will not, however, release you from liability for rent under the terms of your Lease Agreement. Incl s, Jr., Esq. WFS/cd Enclosure cc: Elbridge C. Leland ' d LF255-04 R255-04 MONTHLY RENTAL AGREEMENT THIS AGREEMENT, entered into this day of 20 b and between 07 , y Elbridge C. Leland, Trustee (Kingfish Trust) , hereinafter Lessor, and Trisha Warringer , hereinafter Lessee. WITNESSETH: That for and in consideration of the payment of the rents and the performance of the covenants contained on the part of Lessee,said Lessor does hereby demise and let unto Lessee, and Lessee hires from Lessor those premises described as: 11 Rear Marbleridge Road The Ice House located at - located at: No. Andover, MA 01845 for a tenancy 'of T.2 months commencing on the day of and at a monthly rental of $220 0� ,000.00 =Two thousand dollars Dollars ($ 2,000.00 ) per month, payable monthly in advance on the 1st day of each and every month, on the following TERMS AND CONDITIONS: children.1. Occupants. The said premises shall be occupied by no more than 1 adults and 3 2. Pets. No pets shall be brought on the premises without the prior written consent of Lessor. _ 3. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now-in force, or which may hereafter be in force, pertaining to the use of the premises. 4. Repairs orAlterations. Lessee shall be responsible for damages caused by his negligence and that of his family or invitees and guests. Lessee shall not paint, paper or otherwise redecorate or make alterations to the premises without the prior written consent of Lessor. All alterations, additions, or improvements made to the:premises with the consent of Lessor shall become the property of Lessor and shall remain upon and be surrendered with the premises. S. Upkeep of Premises. Lessee shall keep and maintain the premises in a clean and sanitary condition at all times, and upon the termination of the tenancy shall surrender the premises to Lessor in as good condition as when received, ordinary wear and damage by the elements excepted, 6 Assignment and Subletting. Lessee shall not assign this Agreement or.sublet any portion of the premises without prior written consent of Lessor. 7. Utilities. Lessee shall be responsible for the payment of all utilities and services wh=ieh:;inq.judes water and sewer including additional line-.to barn. 8. Default. If Lessee shall fail to pay rent when due, or perform any term hereof, after not less than three(3)days written notice of such default given in the manner required.by law, Lessor, at his option, may terminate all rights of Lessee hereunder, unless Lessee, within said time, shall cure such default. If Lessee abandons or vacates the property, while in default of the payment of rent, Lessor may consider any property left on the premises to be abandoned and may dispose of the same in any manner allowed by law. NOTICE: Contact your local county real estate be , 'or additional forms that may be required to meet your specific needs, ® 1992.2001 Made E•Z Products,Inc. This product does not constitute the rendering of legal advice or services. , Rev. 10/01 advice.State laws vary,so consult an attorney on all legal matters.This rodu, s intended for informational use only and is not a substitute for legal , P +eeessanlY prepared by a person licensed to practice law in your state. 9.Security. The security deposit in the amount of$ 2,000.00 shall secure the performance of Lessee's obligations hereunder. Lessor may,,but shall not be obligated to, apply all or portions of said deposit on account of Lessee's obligations hereunder. Any balance remaining upon termination shall be returned to Lessee. Lessee shall not have the right to apply the security deposit in payment of the last month's rent. 10.Right of Entry. Lessor reserves the right to enter the demised premises at all reasonable hours for the purpose of inspection, and whenever necessary to make repairs and alterations to the demised premises. Lessee hereby grants permission to Lessor to show the demised premises to prospective purchasers, mortgagees, tenants, workmen, or contractors at reasonable hours of the day. 11.Deposit Refunds. The balance of all deposits shall be refunded within two (2) weeks(21 days in California) from date possession is delivered to Lessor, together with a statement showing any charges made against such deposits by Lessor. 12.Termination. This Agreement and the tenancy hereby granted may be terminated at any time by either party hereto by giving to the other party not less than 2 full month's prior notice in writing. 13. Attorney's Fees. The prevailing party in an action brought for the recovery of rent or other moneys due or to become due under this lease or by reason of a breach of any covenant herein contained or for the recovery of the possession of said premises,or to compel the performance of anything agreed to be done herein, or to recover for damages to said property, or to enjoin any act contrary to the provision hereof, shall be awarded all of the costs in connection therewith, including, but not by way of limitation, reasonable attorney's fees. 14.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure: "Radon Gas" is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in . Additional information regarding radon and radon testing may be obtained from your county public health unit. 15.Lead Paint Disclosure. "Every purchaser or lessee of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women.The seller or lessor of any interest in residential real estate is required to provide the buyer or lessee with any information on lead-based paint hazards from risk assessments or inspection in the seller or lessor's possession and notify the buyer or lessee of any known lead-based paint hazards.A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase." 16. Additional Terms and Conditions. Signed: '- '1 vv L�� ,� Date Lessee, Trisha Warringer Date Lessor, Elbridge C. Leland,Trustevo2 Kingfish Trust January 2007 Mr. Elbridge Leland ii Marbleridge Rd. North Andover,-MA o1845 Dear Mr. Leland: I am in receipt of your"notice tomout eady prepared n January any way,based on -- to you, a letter of notice to you,that we will be our previous conversation that you would need for us to move our storage off your property altogether, for your insurance emoved from heree that if we cou 't afford Atta hed is the letter of to do that,it would be alright with you if w notice that I had prepared to give to you, and detailing the unexpected expenses that we would incur by continuing to rent this home for my family,that I can't afford to pay on a monthly basis. Attached is a bank check for $1,667.00,since the $3,000.00 that iniygaveDecember's you paid for the to days of November ($66.70 x to days = $667.00), p lus($2,000.00), leaving a $333•oo remaining balance to be applied to the last month's rent. Also attached is a money order for $35.03,for the Electric bill that you left inside the house for me to pay. The"notice to quit" stated that you will pursue a court eviction. Since we were prepared to, and will be moved out of here by the end of this month anyway, I don't know if you still want to pursue the eviction process, tweto hold off, since we'll be willbe moved out of heretby by the end of the month anyway. If you want to hold off January 31St, and I promise to leave the premises in same clean condition it was in when we moved in,so you can quickly rent it out again right away. Please let me know what your decision is as soon as possible. You can call me at home or if it's easier,you can email me at: trishawarringer@hotmail.com Thank you. Sincerely, Trisha Warringer 11A/Rear Marbleridge Road North Andover,MA 978-975-7727 f � 0924920 �, . • JANUARY 02; 2009 -IORTA ANDUM', >092T1T` 00U05 0002 V2'0 " ERIK STEFAN WRINGER Wlliolt,isvd B, **1667 .00** **ONE INOUSAND SI% HOKDRID lI%TlF'°`WIN'DOLLARS AND 00 CENTS** **BDHRIDGB"'L.nmt* 'A r K i n c1 i�'1 S 712 U.S i' :x 1<,,:tlzA�:, ry�r►9v: (��Gt�CI�?C o� La n,)ci7.+�1 /eat> 11109 249 20115 1: 1140000 L91: 00 164 LOOS 3 39110 ,.: .%'t i ."; •'\ .i..: i I_I\- .`. fi .. .---'— =.t�. i� ... ...�i1t ORiiil ----- _-\1 1_\_ <i.l ._ _-_ .. ... ..-.. — ..... Bank of America Personal Money Order No, 0960927 t'OI1')AFTER 91i DAYS i:i-(ii14t1 NORTH ARDOVIR N'rx 35.03 '"THIRTY 411VI'DOLLARSWS3''tlIM** -„ I nelica is not 11abA'im lost ul Stolen -k,ncv Orders.(cam>,t,plut_c[ior a � �L D1 1 � Ica.,or thetl.Sign;tnu complete this Nloney()rder as Soon as po,sslh!e. m, Of I urd,u;ci Urawc:) liter Drumm We RE c ica _ Adlip 1130960927,12 1: 111,0000191: 00 164 LOOS 36 2110 i,it I,w!t NAt is it :iHli�1 ll\5 I<.L.'rLf.(l'I`,` \ I F:hM\i?K t)'; `iii:HACK THF ORIGINAL DO .t`ILN I HAI ItI i L 1(l i\'t-W. C,RNIARK UV !Tl!.BACK _ --_.._. _....._ _..__.. _ _.... _ ------- -- ._ _ .... _.._ .— –– --._– .Elbridge & Sandra Leland 11 Marbleridge Road, No. Andover, MA 01845 Telephone & FAX: (978) 683-4500 FACSIMILE TRANSMITTAL COVER SHEET DATE: FROM: �4 ATTN: / //� � COMPANY: .- AA OMPANY: : PHONE #: -P� 7 NUMBER OF PAGES (Including Cover Sheet): For: _Quote _Approval _Distribution ✓0ormation _Selection Y r Use _Your Action ecords Order iew&Comment _Compliance with your Request JOB NAME: _ T' '/G//�. l�J ��� ►C' COPIE§_[bKT_Ej NUMBER DESCRIPTION REMARKS: SIGNATURE: December 28, 2007 Mr. Brigg Leland 11 Marbleridge Rd. North Andover,MA 01845 Dear Brigg: I left you a message last evening that I would need an extra day to look into the check not going through and that I would take care of it. After receiving your phone message and returning your call the night before last I contacted m husband,whose court ordered support is always direct deposited into my account, and I didn't realize it was not there. He informed me that he's lost his job, and is unable to pay my support, indefinitely. I needed the time until today to get the funds together myself, so that I could in turn reimburse the security deposit to you. Because of this and other issues,the purpose of this letter is to give my one month notice that we will be moving from here by the end of January (2008),as you told me earlier that this would be alright With you(after discussing the storage issue). In light of the news from my husband,I can not afford the $2,000.00 per month on my own,plus the significant additional unexpected expenses I found out about after moving in. When I originally answered the ad,the rent was $1800.00. Since there is no basement, attic or garage to the home that we wanted to rent, in speaking with your wife about this, I agreed to pay $2,000.00 ($200.00 more) for use of one of the barns for storage space, as I was clear that I needed storage. When you returned from your trip to Florida,you informed me that we would need to remove the things we needed to store from your property altogether, for your insurance purposes, and as your insurance agent had advised. In researching the prices of the storage facilities in the area, I've found that it would cost me several hundred dollars more per month,to move the things I need to store, into a rented storage facility (since they are all climate controlled, etc.). I know that you would like to have use of your barn as soon as possible, I appreciate your patience, and I feel very badly that I haven't been able to move it as of yet. I am anxious to get our things out so you can have full use of that space again that you need In addition to storage costs, I was not aware until the lease was given to me the next day, Thursday,November 22"d (Thanksgiving morning),that I would be required to pay the water bill for the home we're renting. In addition to the water bill for this residence, I will be required to also pay the water bill for an additional building, "The Barn",which is the building for your industrial glass, aluminum etc. family business,plus the'newer addition on the back of that building next to your house. These are unexpected, significant expenses that I can not afford to pay to stay here. For these and other reasons,I am providing this notice that we will be moving out by the end of January,which we had already discussed and you said would be ok. (thank you). I will pay for January with a bank check to make things easier for you. I would prefer however, not to drop the check into an open,uncovered basket at your back door,that you have asked me to do. When I went to drop the rent there on December I", the wind was blowing and there was nothing to keep it from blowing away into the snow. I rang the bell and knocked at the door but there was no answer and no one seemed to be home. Both you and your wife were in Florida, and apparently your sons were out. I went back later and still no one was home. The next day I went back,rang the bell and knocked at the door again but still no one was home. But, since there were magazines and newpapers in the basket,I tucked the check under those since it was. where you told me to leave it, even though it was windy and snowy, and there was snow blowing into the basket. I would prefer to deliver my check for this last month's rent to you, or a member of your family, in person so that I can be sure that you have the check in hand. Thank you. Sincerely, Trisha Wamnger . J Rte;, ?(uji-C ��.. January 1, 2008 Mr. Brigg Leland 11 Marbleridge Rd. North Andover, MA 01845 Dear Mr. Leland: This is to inform you that the rent for use and occupancy of my family's tenancy will be paid by bank check to you tomorrow, January 2nd, since banks are not open today. Sincerely, f Trisha Warringer 11 A Marbleridge Road North Andover, MA 01845 987-975-7727 MORRIS, ROSSI & HAYES ATTORNEYS AT LAW 32 CHESTNUT STREET ANDOVER, MASSACHUSETTS 01810 MICHAEL W.MORRIS,SR. TELEPHONE (978) 475-1300 LAURENCE J. ROSSI FAX (978) 474-0478 DANIEL A. HAYES. JR* E-Mail:MRH.ANDOVER@VERIZON.NET MELISSA MORRIS DANISCH' WAYNE F. SIMMONS, JR.- MICHAEL W. MORRIS,JR.' JONATHAN J.ROSSI 'Also admitted in NH January 4, 2008 Via Reg Mail and Email (trishawarringer(ahotmail com) Patricia A. Warringer 11 Rear Marbleridge Road N. Andover, MA 01845 Re: 11 Rear Marbleridge Road N. Andover, MA 01845 Dear Ms. Warringer: As you are aware this office represents your landlord, Elbridge C. Leland, Trustee of the Kingfish Trust, owner of the premises you currently rent as tenant located at 11 Rear Marbleridge Road, N. Andover, MA 01845. I am writing in follow up to the recent correspondence you forwarded to my client. First I am writing to acknowledge e your payments to my client in the amounts of$1,667.00 0 and $35.03. However, as indicated in the prior notice to quit which you acknowledged receipt of in your letter, these monies are being accepted as "use and occupancy only", not as rent, and will not reinstate your tenancy which remains terminated in accordance with the prior notice to quit. As you are aware, despite the recent payment, you remain in default of the written lease agreement as you have failed to pay the required $2,000.00 security deposit. Second, notwithstanding the above, my client has agreed to accept your offer to vacate the premises on or before January 31, 2007 as set forth in your letter. My client has also agreed to forgo the remaining lease term so long as you vacate the premises in broom clean condition, remove all possessions and debris and return the keys on or before that date. Thank you for your time and attention to this matter. Please feel free to contact me with any questions or concerns. Sincerely, WFS/cd Wayne F. Simmons, Jr., Esq. cc: Elbridge C. Leland V . 11 MARBLERIDGE ROAD 7.0-0011 Complaint Detail Report rinted On:Fri Jan 04,2008 Complaint#: CT-2008-000030 Status: Pending GIS#: 1.896 Violator: LELAND,ELDRIDGE(BRIG) KORrsr Address: 11 MARBLERIDGE ROAD Map: 037.0 Address: �� ,• '• °o� Date Recvd.: Jan-04-2008 Time Recv& 02:19 PM Block: 0011 NORTH ANDOVER, MA 018 o s - Category: Housing Lot: Type: Residential -- - - ,� _ GeoTMS Module: Board of Health District: Trade: �SSRcNOg�t Recorded By: Pamela DelleChiaie _ Zoning: Structure:Home Description Complaint: Requesting housing inspection of rental property by homeowner,Eldridge(Brig)Leland,978.683.0958. Does not have an issue right now,but wants tenant removed from the property,and wants the condition of the property evaluated before tenant has a chance to compromise anything at the property to negotiate a health inspection. This is I IRear Marbleridge Road. It was an 1800's bam that was renovated into a home Tenant is Patricia Warringer,978.975.7727. There have been past issues with this person as a renter at other properties in Town. She moved in the day before Thanksgiving. She has not paid,as she did not have the money available,as she had not been paid by ex-husband. Attorney for landlord sent her a notice of eviction letter on December 27,2007. Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Jan-04-2008 2:19 PM Eldridge(Brig)Leland Pamela DelleChiaie Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL CGT , - mv, \ Pit , '0� C, ��fip S�-6+ l u� �- 91' �ti r l, � �ti�- C-(-) tarn, � vj� 00 61 Z'� m 4)+7 ) GeoTMS®2008 De Lauriers Municipal Solutions, Inc. I o �/� S Page 1 of 1 �� ��ru f ^� NEW ENGLAND CLAIMS SERVICE, INC. ReplyTo f] Reply To Reply To Q P.O. BOX 345 100 CONIFER IIILL DRIVE, SUITE 308 P.O. BOX 578 MANSFIELD, MA 02048 DANVERS, MA 01923 SHREWSBURY, MA 01545 TEL. (508) 337-8058 'TEL. (978) 777-9900 TEL. (508) 842-3995 FAX (508) 339-5835 FAX (978) 774-9296 FAX (508) 842-7510 Form of Notice of Casualty Loss to Building Under Mass. Gen. Laws. Ch. 139, Sec. 3D TO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectmen TD W kj A _____._....addresses ---------__. ----- ----- _ --- ----- —._ RE: INSURED PROPERTY ADDRESS 4�1...__.. � e_► �.__. T,__.T_____..__.,_ _.. ...__�____ ._..,__.. POLICY NO.: �'� 0 0 LOSS OF: FILE OR CLAIM NO.: ..._.._ _._-- 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 3D is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, (late of loss and claire or file number. t_ �_n►rn�, - TITLE��T On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. i rwN OF NORTH ANDO'ViE $IG AT E AND DATE BBOARDBOARDOF HEALTHEALTH ,fit 2 i6 2 1 cc : Fire Dept . _ . _ ___ r . D U_�EY_A 5-83E5-T-0-5-R_ EMOV AO. Box132 Arlington, MA 02476 (a division of Dudley Services, Inc.) Tel. 781-643-4328 Fier. 781-643-12515,1,f- MA 81-643-1255,,,r - MA Lic. #-AC 000112 www.du dl eyasbestos.conn SPE Date: January 25, 2001 To: No. Andover Board of Health Enclosed,please find copies of the Division of Occupational Safety and the Dept. of Environmental Protection forst ANT-001 for an risbestos abatement J project 1 to be perforated in,your city/town Please feel free to call if you have arty questions. Sincerely, Santuel I Nigro III 'Vv of r�aRrH,A ROAR)OF HEALIy� JAN,2 6 ti Commonwealth of Massachusetts l• Asbestos Notification form— ANF-991 N° 546836 Asbestos Abatement Description 1. Facility location: No. Andover Historical Society 11 Marble Ridge Rd INSTRUCTIONS Narne Mhess i.Allsedlonsolthis NO.Andover, MA 01845 978-686-4035 form must be completed D'ry/rn;M TPP* releMrnne In order to comply with Basement the Department of IM9Is/heovAsilelrralnn?buildiggnarne,/,wing,loaf,rmm Environmental ��LL Protection nalOkalion 2. Is the facility occupied? 0 Yes No requirements of 310 CMR 7.15(Im workingdays pdanollArallonls 3. Asbestos Contractor: requ/re:aabalemed Dudley Services, Inc. __ 43 Dudley St. , prnja4;andndthe (P.O. Box 132 Department of Labor Name Adrkcss andIndustries equi Arlington, MA 02476 781-643-4328 notification requirements g of 453 CMA 6.12 (hal Ciry/fown ;1P Code Telephone days pilnrnolilkalion If requltedolANY AC 000112 Written abatement pm/ed gieale 0[llicense/ Cn lead Type(willertAe hrlr Ihan lhra,linear or squaieleM. 4. On-Site Project Supervisor/Foreman: 2.Submit Original Form Samuel J. Nigro, III AS 51363 To: Mae -- Commonwealth of D[I(edilaalion/ Massachusetts 5. Project Monitor: Asbestos Program P.O.B.120087 Enviro—Safe Engineering PM 51638 Boston,MA 02112- Nvre DllC.talilialinn/ 0087 6. Asbestos Analytical Lab: 3.This form maybe used lor notifying the Enviro—Safe Eng. _ AA 0_00131 O.S.Environmental N,n a 011 Cr mbfibn i Protection Agency Regfon Iofasbestos demolition/ 7. Project startdateo /P/0/enddate�/�/��specilicworkhours(Mon.-Fri.) .3d '�.ed(Sat.Sun.) 30 S'd d renovalinn operations subject to NESNAPS(40 8. What 1 ( one):Subpart Mj. type of project is This? CIICIe One: danolilian repair ,> �rennvalinn nlha(ey/a/n/ 9. Describe the asbestos abatement procedures to be used C P (circle): glove hag endnnn 6il/mnlainncnl � ckanup � erxdosulalan disposalon/y o/ter(expbin) 10. Is the job being conducted indoors ❑outdoors 7 ."p; 11. Total amount of each type of sbestos Containing Materials(ACM)to be handled on pipes or ducts(linear ft.)350 or other surfaces(square ft.) 30 to be removed,enclosed or encapsulated: linear/square feet boilerbreaching•durl•lank surface coatings..._/3 0 thermal,solid core pipe Insu/alion...... corrugalrrd of layer,dpaprr pipe iasulallon....5 0/ insulating rencnl.................. _J spray--Afrpmoling....................._J Irowo•1/.spiay'ff a Zings.............. Cloths.wnverakhrks....................._/ Irans/leboard,,wallboard............. other(please describer.................... 12. Describe the deconlamination system(s)to be used: _Containment barrier wi6 clean room_using a negative air _sy-s±-em_arm. _ealed o_Lf__and p_1_a_carded 13. Describe the containerization/disposal methods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(g): _Wet asbestos packed in double 6 mil poly bags labeled "Asbe� os" 14. For Emergency Asbestos Abatement Operations,the DEP and DLI officials who evaluated the emergency: Nano olOfPOTaaI ril/e---- Dale olifu/halzallm IYaiWr/ Name HOl/Dlmdal Dlle Da/eolAuthrviralim 15. Do prevailing wage rates apply as per M.G.L.c.149,§26,27,or 27A-F to this project? DY No Rev.6192 /I Facility Description 1. Current or prior use of facility: Historical House 2. Is the facility owner-occupied residential with 4 units or less? O Yes C No 3. Facility Owner: /I Same __ 153 Academy Road NamAdrkess-- No. Andover, MA 01845 Cily/rawn tip mde Telrplrnne 4. Facility's Owner's On-Site Manager: Nam Adhess -- Ci(y/Inwn ip rode Te/ep4nne 5. General Contractor: Name Mdress Cityyrmvo Zip rode. Telephone Reliance Ins. Co. _ _ 897K6577 __ 07/09/01 Contractor's Workers Com.Insurer policy/ Emoate 6. What is the size of the facility? 2000(sq ft)-3 (#of floors) I. Asbestos Transportation and Disposal 1. Transporter of asbestos-containing waste material from site to temporary storage site(if necessary)to final disposal site: Moire Address Cityl7imi Zip aide rel,*cne 2. Transporter of asbestos-containing waste material from removal/temporary storage site to final disposal site: J.O.B./Rolloff, Inc. _ P.O. Box 6037 _ N,rrre Adrhess Chelsea, MA _ 02150 617-387-1495 Note:Transfer OvIr n 5p de TrleMone Stations must comply with the 3. Refuse transfer station and owner(if applicable): Solid o Waste USA Waste of Connecticut 203 Pickering St. Division regula- �, Adess tions 310 CMR 18.00 _ Portland/, CT 06480 86.0-342-0667 _ Qy/row Trp code lelrphone 4. Final Disposal Site: Valley Landfill I aalionName Owners Name Pleasant Valley Road Addess Trwin, PA 15642 724-744-7446 QYlTown Ip code Telephone ja Certift8tiun The undersigned hereby states,under the penalties of perjury,that he/slie has read the Commonwealth of Massachusetts Regulations for the Removal,Containment or Encapsulation of Asbestos,453 CMR 6.00 and 310 CMR 7.15,and that the information contained in this notification is true and correct to the best of his/her knowledge and eliel. Samuel J. Nigro /hInlN.rme �rftAhoriarl5ipnahne bale Note:Contractor j must sign this President Dudley Services 781-643-4328 form for DLI pnsilinn/Tilk Rrpresenlirg Telr#�hnne notification purposes P.O. Box 132 Arlington, MA 02476 Address City/raw�r Zip aode Fee exempt(City,Town,district,municipal housing authority,owner-occupied residential of four units or less)?0 yesno �o Sticker B(from front of form): p 3a I'FICATiO FORM` FOS U; - VER necessary that. all Th form is used to .verify urisdiction % INSTRUCTIONS. Depart-me having ,7 ermts from Boards and. Departm Islp a applicant .an p aha This does not wrelieve have .been ob£aiiied°.' ,a lcak�le local or state law, om comp an, with any PP fJandowner" fr co k, irements. ;. ;regulati4 . ons or ;,.requ w < • *** ** ** ****** `� 4 lout ,'ts his ection , ******* ** *Applicant fills ,; s # ** ;Phone APPLICANT Paroel ssorfs Map .Number LO.CATI�JN Asse Lots{:d),'P: Subdivision �; Number Sty' Iv I -Street Use only s x ; z _ . . Official � h � X - , p OF TOWN AGENTS: y `s 7 f PMC.p DATLO , lE w Date Approved -1 j �Vrator `g a" r Date Rel ected r r servatlo ;,Adminls C , a x ' Comments Dat h pproved { . � e ed s ect Date Rei a Town Plan C a x- Ne APPro"ved , 4 L5 to "" Date Fte�ect. _H alth v 7 ` Food Inspector d _ . '� Date --P,ppro., > r r , { Date _Re3 ected ptic Inspector Health Se r e h 't ' ;:Comments �� e F pub "Works sewer/water connections driveway permit G e artment Fire;,'D P; R Date -- d by `Building Inspector Receive o rt 5 t I SEPTIC SYSTEM INSPECTION FORM ADDRESSG-�� ;� DATE INSPECTED �• �Q PROPERLY FUNCTIONING? N . WEATHER CONDITIONS COMMENTS : Wig►E 1;ALiTY (ES TL;,s DYE TEST PERFORMED? Y N DATE? SKETCH: �J U 1� { WATERSHED– RESIDENTS QUESTIONNAIRE 1. Name \— _1 )\►J ' 2. Street Address } Z� 2CL 3. How many members are in your household? 4. What type of sewage disposal system do you have? cesspool ❑ septic tank and leaching area ❑ connection to municipal sewer ❑ other (describe) ❑ do not know 5. Are the plans (drawings) for your sewage disposal system on file with the Board of Health? ❑ yes no ❑ do not know.. +° 6. How old is your sewage disposal system? ❑ 0-5 years ❑ 6-10 years ❑ 11-20 years = over 20 years El do not know - 7. Has your sewage disposal system been rebuilt or repaired? ❑ yes Nid no ❑ do not know If yes, approximately how long ago? years. What was done? 8. How frequently is your sewage disposal system pumped out? ❑ annually ❑ every 2-4 years ❑ every 5-10 years ❑ over 10 years `,Yr never 9. Have you had any problems with your sewage disposal system? ❑ yes no If yes, what problems? ❑ repeated pump-outs needed ❑ system clogs, backs up, or drains slowly ❑ odors ❑ sewage surfaces through ground 10. How many of each appliance are connected to your sewage disposal system? washing machine _�__ dishwasher _� garbage disposal dehumidifier drain sump pump toilet roof/pavement drains shower/bathtub 11. Please state the brand and.type (liquid or powder) of detergent you use for: dishwasher clotheswasher 12. Does your property have a lawn? yes ❑ no If yes, approximately what size? ❑ less than 1/4 acre ❑ 1/4 acre ❑ 1/i acre ❑ 3/4 acre I1 acre ❑ more than 1 acre (Specify) acres l \ 13. How often do you fertilize your 1n3 No. of applications per year /r— Season(s) of the year 14. Please state the brand and type (liq d or ranular) of lawn fertilizer you use: ❑ Check here if your lawn is maintained by a professional landscape contractor.