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Miscellaneous - 119 HIGH STREET 4/30/2018 (2)
Ilq NIG S'nZ[:ET Inh � . t North Andover Board of Assessors Public Access Page 1 of 1 NaRTN North Andover Board of Assessors ♦i +Y Y oma+ r i .SS%CHUS ___. roperty Record Card Click Seal To Retum Parcel ID:210/067.0-0073-0000.0 FY:2013 Community :North Andover SKETCH PHOTO Click on Sketch to Enlarge Click on Photo to Enlarge Search for Parcels Search for Sales Summary SIR Residence Detached Structure R e, Condo L 119 HIGH STREET Commercial Location: 119 HIGH STREET Owner Name: CAMIRAND,CHARLES Owner Address: 119 HIGH STREET City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood:5-5 Land Area: 0.17 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 2075 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 315,900 297,500 Building Value: 162,500 141,500 Land Value: 153,400 156,000 Market Land Value: 153,400 Chapter Land Value: LATEST SALE Sale Price: 1 Sale Date: 11/03/2006 Arms Length Sale A-NO-FAMILY Grantor: CAMIRAND,SUDHA Code: Cert Doc: Book: 10475 Page: 248 http://csc-ma.us/PROPAPP/display.do?linkld=2254936&town=NandoverPubAcc 7/22/2013 10/4/11-Complaint by renter to Health Dept 10/25/11-Order Letter sent to out of state owner 10/6/11—inspection done by Michele Grant 10/25/11—order letter sent to owner Response sent to Health Department from owner regarding order letter(no date listed, refer to file) 10/28/11—Letter sent to owner from building inspector regarding illegal apartment 11/7 11—email received from owner requesting extension 11/8/11—letter sent to owner regarding 5 day extension 11/9/11—Email sent to owner regarding 5 day extension 11/14/11—email conversation with M. Grant re: extension progress (see file) 11/16/11-Call received from Louis Gambardella,Attorney, saying they represent owner(see email) 11/22/11—letter received from Louis Gambardella, attorney, formally requesting another extension Months of extensions/conversations and no action by owner 3/23/12 - Health Dept filed in housing court. Certified letter sent to owner, returned unclaimed 3/26/12—Michele Grant spoke with Louis Gambardella and he stated that he has received the letter from the housing court. Louis Gambardella emailed health department stating he had not been retained by the owner to represent them in court action. (see email) 4/3/12—letter received from Law Office of Lynne A. Saben, attorney, stating she is representing Mrs. Camirand (see letter) 4/5/12—motion hearing at Northeast Housing Court 4/19/12—agreement to continue 4/26/12- Judge approved request for Receiver August 2012—Receiver pulled Building permit to convert house to single family and do repairs We signed off on the work sometime this spring. 12/10/12—letter of compliance mailed to owner, returned to sender, unable to forward 12/14/12—agreement to continue set for June 13, 2013 for receivership May 30, 2013-Request to court to allow foreclosure by receiver—approved—owner apparently made no effort to pay for repairs. 6/13/13—agreement to continue 7/11/13 -Confirmatory Hearing for receiver 7/16/13—Receivership granted the right to foreclose on lien 9/5/13—Notice of review scheduled EE CEIVED Commonwealth of Massachusetts Housing Court Department 0 2 2013 Northeast Housing Court ` Fenton Judicial Center CR;r I ANDOVER11PARTMENT 2 Appleton Street Lawrence, MA 01840 (978)689-7833 n M Trippi Hon. David D Kerman Clerk Magi First Justice Re: North Andover Health Dept. Date: November 27, 2013 Vs: Charles Camirand et al No: 12H77CV000067 ** RESCHEDULED EVENT ** Notice of Motion Hearing The above case will be called for Motion Hearing: Date: 12/19/2013 Time: 02:00 PM Session: Lawrence Session Location/Courtroom: Northeast Housing Court Fenton Judicial Center, 2nd floor 2 Appleton Street Courtroom 3 Lawrence, MA 01840 Susan M Trippi Clerk- Magistrate North Andover Health Dept. Michele Grant 1600 Osgood Street North Andover, MA 01845 r _ ^,0 ' COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ESSEX, SS. DOCKET NO. 12 'S AVATAR PROPERTIES, A DIVISION OF AVATAR ) FINANCIAL SERVICES, INC., RECEIVER, FOR ) NORTH ANDOVER HEALTH DEPARTMENT, ) gut Plaintiff, ) v. ) t 7�, ) CHARLES CAMIRAND, SUDHA CAMIRAND AND ) WELLS FARGO BANK,N.A. ) Defendants and Claimants ) CHARLES CAMIRAND'S MOTION TO DISMISS WELLS FARGO �. N.A.'S CLAIM FOR-SURPLUS FUNDS AND REQUEST FOR JUDG: ON THE PLEADINGS �^ C. Charles Camirand, by and through his counsel and pursuant to Massachusei of Civil Procedure 12(b)(6) and 12(c),requests this Honorable Court to dismiss �M of Wells Fargo Bank, N.A. ("Wells Fargo"), and to award Charles Camirand th proceeds. Charles Camirand requests all additional relief as is appropriate and J including the requested relief set forth in the Wherefore clause below. In suppo .Charles Camirand states as follows: a 1. Pursuant to this Court's Order of October 24, 2013, the parties agree responsive pleadings by November 1, 2013 and summary judgment, 1\ `t November 15, 2013. The Court reserved December 5, 2013 as a hea on a motion for summary judgment, if filed. After review of the ple, attachments, there appears to be a substantial basis to dismiss Wells a + J Ili � CC: Camirand,Charles Trovato, Esq.,David M Saben, Esq.,Lynne A. . J North Andover Health Dept. Michele Grant 1600 Osgood Street North Andover,MA 01845 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS NORTHEAST HOUSING COURT DOCKET#12-CV-0067 AVATAR PROPERTIES A DIVISION OF AVATAR FINANCIAL SERVICES, INC., RECEIVER, FOR j NORTH ANDOVER HEALTH DEPARTMENT, Plaintiff .i V. CHARLES CAMIRAND and SUDHA CAMIRAND, Defendants MOTION FOR APPROVAL OF RECEIVER'S SALE OF REAL ESTATE AND FOR RECEIVER TO FILE INTERPLEADER FOR SURPLUS NOW COMES, your Receiver, Avatar Properties, A Division of Avatar Financial M Services, Inc., (hereafter the "Receiver") a New Hampshire Corporation authorized to do vbusiness in the Commonwealth of Massachusetts, by and through its attorney, David M. Trovato, Receiver for North Andover Health Department against Charles Camirand and Sudha Camirand, appointed pursuant to M.G.L. c.11l, Sec. 127I and Order of the Northeast Housing Court dated April 23 2012, Case No. 12-CV-00067 for 119 High Street, North .Andover, Massachusetts, for property described in a deed to Sudha Camirand and Charles Camirand recorded with the Essex North District Registry of Deeds at Book 10475, Page 248, see also deed recorded at Book 12934, Page 277, and states as follows: 1 CC: RECEIVED Riordan. 111, Esq.,Lester E. McHugh,Esq.,Kurt f-3V 1",5 2013 Trovato, Esq., David M TOWN OF NORTH ANDOVER Saben,Esq., Lynne A. HEALTH DEPARTMENT I� North Andover Health Dept. Michele Grant 1600 Osgood Street North Andover,MA 01845 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT pdf 12 dht/ Avcrf.'t s plaintiff - V. - No . EZ G v D d 4.' '7 6ha.:1e 5 C ��, ✓ q�/ u f Defendant STIPULATION The undersigned parties hereby stipulate and agree as follows : i4't/o1ne pp Lt fe- A'�o.- �.� /� S1[�// /// irl S 101'rA A,,,.sr b.t >" r/ t'F �/ Y'd/'//iL� J,•.irt G-/' -the 4 7 �7 f k Q1 qtr, 74 o•' • 4,- eal& /1 /1 c: i1, /l/c✓e.,dr- /✓ L©/j e, iA C1� !> '\ TOt SaIY H4.i lt�U[l4t iNC/1'� :vs�It Wt/6 f'-f ,AJ,4 All Ak •,r.,t A,r S j V o.,3 k/z a� rSNA 1/f ci�/ ri /L' ✓���0 i '®ti t Y .ZD f' t,r.' (,�jKr �am� �Cfid Gcdi G t n '04 ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT If questions arise, please consult the housing specialist I UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE. G , BUT INSTEAD I CHOOSE S GN HIS AGREE! d Plai ' iff' s ttorney Defenda t , 4 Attorney Judge COPIIESq (G ) (MAILE TO PARTIES ON �� 13 y R ECEIVED HARMON LAW OFFICES,P.C. 150 CALIFORNIA STREET NOV NEWTON,MASSACHUSETTS 02458 MAILING ADDRESS: P.O.BOX 610389 NEWTON HIGHLANDS,MA 02461-0389 TEL(617)558-0500 FAX (617)244-7304 SERVING MASSACHUSETTS,NEW HAMPSHIRE AND RHODE ISLAND f Admitted in MA&RI ROGER J.DOUCETTE t (617)558-6103 Direct Dial (617)2434038 facsimile rdoucette@harmonlaw.com VIA IN-HAND DELIVERY November 7, 2013 Clerk's Office Northeast Housing Court Fenton Judicial Center 2 Appleton Street, 2nd floor Lawrence, MA 01840 RE: Avatar Properties v. Charles Camirand and Sudha Camirand Northeast Housing Court Civil Action No.: 12-CV-0067 Dear Sir/Madam, In regards to the above-referenced matter, enclosed please find a copy of the following: 1. Wells Fargo Bank N.A.'s Opposition to Charles Camirand's Motion to Dismiss Wells Fargo's Claim to the Surplus Funds from the Receiver's Foreclosure; and 2. Certificate of Service. Please file accordingly. Thank you for your attention to this matter. Sincerely yours, J Roger J Dc cette HARMON AW OFFICES, P.C. RJD:syk Enclosure COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. HOUSING COURT DEPARTMENT NORTHEAST DIVISION DOCKET NO.: 12CV0067 AVATAR PROPERTIES,A DIVISION OF AVATAR FINANCIAL SERVICES,INC. RECEIVER, FOR NORTH ANDOVER HEALTH DEPARTMENT, Plaintiff, V. CHARLES CAMIRAND and SUDHA CAMIRAND, Defendants. WELLS FARGO BANK,N.A.'S OPPOSITION TO CHARLES CAMIRAND'S MOTION TO DISMISS WELLS FARGO'S CLAIM TO THE SURPLUS FUNDSS FROM RECEIVER'S FORECLOSURE Now comes Wells Fargo Bank,N.A. ("Wells Fargo"), and opposes Charles Camirand's ("Camirand")Motion to Dismiss Wells Fargo's Claim for Surplus Funds. ARGUMENT 1. Wells Fargo is entitled to the Surplus Funds generated from the Receiver's Auction. Camirand's motion to dismiss Wells Fargo's claim to the surplus should be denied because Wells Fargo is entitled to the surplus proceeds generated from the receiver's auction. On or about February 7, 2008, Charles Camirand and Sudha Camirand executed a mortgage in the amount of Two Hundred Sixty-Eight Thousand Dollars ($268,000.00) to MERS ("the Mortgage"). (A true and accurate copy of the mortgage is attached hereto as Exhibit A) On or around March 7, 2012, MERS assigned the Mortgage to Wells CERTIFICATE OF SERVICE I,Roger J. Doucette, hereby certify that on November 6, 2013, true copies of the foregoing document was served by overnight mail, postage pre-paid to: David M. Trovato, Esquire 809 Turnpike Street North Andover, MA 01845 Lynne A. Saben,Esquire 143 Essex Street Suite 207 Haverhill MA 01832 Lester E. Riordan III,Esquire 12 Pond Lane Suite EB-1N Concord MA 01742 North Andover Health Department Community Development and Services Division 1600 Osgood Street North Andover,MA 01845 And via email to: riordanlaw@comcast.net Roge J. Doucette, Esquire Fargo. (A true and accurate copy of the assignment of mortgage is attached hereto as Exhibit B)Wells Fargo is currently owed over the amount of the surplus, in the amount of 297,505.29. (A true and accurate copy of the updated payoff letter is attached hereto as Exhibit C) The receiver foreclosed on his lien on the property on August 20, 2013. The property sold to the receiver for Two Hundred Thirty-Five Dollars($235,000.00). Since Wells Fargo has the highest lien priority on the property pursuant to the Mortgage and their promissory note and mortgage have not been satisfied,Wells Fargo is entitled to the surplus funds from the Receiver's auction. Therefore, Camirand's motion to dismiss Wells Fargo's claim to the surplus funds should be denied. 2. Wells Fargo's is entitled to the surplus proceeds generated from the Receiver's sale due to its superior lien interest. Since Wells Fargo's mortgage interest is superior to any other claim made for the surplus funds, therefore it should receive the surplus funds. In paragraph 3.A. of his motion, Camirand alleges that Wells Fargo cannot accelerate its claim without providing Camirand thirty(30) days notice,pursuant to paragraph 18 of the Mortgage. However,paragraph 18 of the Mortgage contemplates a transfer of the property by the borrower. In this case, a receiver was appointed over the Property, who ultimately auctioned the property. There was no transfer of the property by Camirand. Therefore, paragraph 18 of the Mortgage does not apply to this case, and any notice contemplated under paragraph 18 does not apply here. Furthermore, Camirand alleges that Wells Fargo is not entitled to the surplus funds because it did not properly accelerate the debt and provide notice under paragraph 22 of the Mortgage. In this matter, however,Wells Fargo is entitled to the surplus funds generated from the receiver's auction due to its priority lien holder position under the Mortgage, without regard to acceleration of the debt. Wells Fargo has not waived any of its contractual remedies under the Mortgage,nor has Wells Fargo waived any statutory remedies. Wells Fargo simply has a superior claim to the surplus funds over any other party. Therefore, Camirand's motion to dismiss Wells Fargo's claim to the surplus should be denied. WHEREFORE,Wells Fargo respectfully requests that the court recognize its priority lien position and entitlement to the surplus proceeds, and that the surplus funds generated by the receiver's auction be paid to Wells Fargo and grant Wells Fargo further relief as is just. Respectfully Submitted, WELLS FARGO BANK,N.A. By its attorney, Kurt R. c ugh, Esq. BBO#: 654835 Roger J. Doucette, Esq. BBO#: 674065 HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 Phone: (617) 558-6103 Fax: (617) 243-4038 kmchugh(d),harmonlaw.com November 6, 2013 t �tBk 11063 P917 :3373 \002-12-2003 8 127.200 After Recording Return To: EXHIBIT RELIANT MORTGAGE COMPANY, LLC 100 CUMMINGS CENTER STE 303C BEVERLY, MASSACHUSETTS 01915 Loan Number: RMC071201675 Property Address: 119 HIGH STREET NORTH ANDOVER, MASSACHUSETTS 01845 (Space Atwve This tine For Recording Data] a MORTGAGE G MIN: 100234500000079462 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,18,20 and 21. Certain rules regarding the usage of words used in this document are also provided In Section 16. I wA "Securit Instrument"means this document,which Is dated FEBRUARY 7, 2008 ,together ith all Riders to this document. (B) "Borrower"Is CHARLES CAMIRAND AND SUDHA CAMIRAND, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETY Borrower is the mortgagor under this Security Instrument. (C) "MFRS"is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that Is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,tel. (888)679-MERS. ---� (D) "Lender"Is RELIANT MORTGAGE COMPANY, LLC Lender R a MASSACHUSETTS LIMITED LIABILITY COMPANY organized and existing under the laws of MASSACHUSETTS Lender's address is 100 CUMMINGS CENTER STE 303C, BEVERLY, MASSACHUSETTS 01915 yS (E) ,Note"means the promissory note signed by Borrower and dated FEBRUARY 7, 2008 The Note states that Borrower owes Lender TWO HUNDRED SIXTY--EIGHT THOUSAND AND 00/100 Dollars(U.S.$ 268,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt In fall not later than MARCH 1, 2038. �-► (F) "Property"means the property that is described below under the heading"T ansfer of Rights in the Property." MASSACHUSETTS-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS Doo Nagle 0-1362 Fonn 3022 01101 Page 1 of 16 www.dommic.com ��©o2 Bk 11063 Pg 18 #3373 (G) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. • ,� Borrower. The f Riders Instrument that are executed following(H) "Riders"means aU Riders to this Security Instrum by are to be executed by Borrower[check box as applicable]: ❑ Adjustable Rate Rider ❑ Planned Unit Development Rider ❑ Bion Rider ❑ Biweekly Payment Rider ❑ 1-4 Family Rider ❑ Second Home Rider ❑ Condominium Rider ❑ Other(s) [specify] (I) "Applicable Law'means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable ileal, non-appealable judicial opinions. (1) "Community Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check,draft, or similar paper instrument,which is initiated through an electronic terminal, telephonic instrument, computer,or magnetic tape so as to order,instruct, or authorize a financial institution to debit or credit an account. Such term includes,but is not limited to int-of--sale transfers.automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (L) "Escrow Items"means those items that are,described in Section 3. (M) "Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of,the Property;(il)condemnation or other taking of all or any part of the Property;(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (N) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Lou. (0) "Periodic Payment"means the regularly scheduled amount due for(i) principal and interest under the Note, plus(ii)any amounts under Section 3 of this Security Instrument. reg "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.§2601 et seq.)and its implementing ulation,Regulation X(24 C.F.R. Part 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the some subject matter. As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan" even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (Q) "Successor In Interest of Borrower means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. MASSACHUSETTS--Single Famiy4annle Mae/Freddie Mac UNIFORM INSTRUMENT-MERS 0 UMP-1862 Form 3022 09/01 Page 2 of 15 www.doanapic.com S C._.. {(3 raaozz.�.z.um �./ Bk 11063 Pg 19 #3373 TRANSFER OF RIGHTS IN THE PROPERTY Instrument secures to Lender: therepayment of the Loan, and all renewals, extensions and This Security (� ty modifications of the Note; and (ii) the Performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage,grant and convey to MFRS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns of MERS,with power of sale,the following described property located in the COUNTY of ESSEX [lope d Recording Jartsdtctlonl [Name of Rwmft JwMcdoW LEGAL DESCRIPTION ATTACHED HERETO AND MADE .A PART HEREOF. which currently has the address of 119 HIGH STREET [Such NORTH ANDOVER ,Massachusetts 01845 ("Property Address") lYl [Zip cone[ TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or bereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower to this Security Instrument,but,if necessary to comply with law or custom,MFRS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender including,but not limited to,releasing and cancellug this Security Instrument. BORROWER COVENANTS that Borrower is lawfuUY seised of the estate hereby conveyed and has the tight to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of. record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-umfom covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However.if any check or other Instrument received by Lender as payment under the Note or this Security Instrument Is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following founts,as selected by Lender:(a)cash;(b)money order;(c)certified check,bank check, treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity; or(d)Electronic Funds Transfer. MASSACHUSETTS--Single Famiy-•Fannie Mae/Freddie Mac e 3 FORA INSTRUMENT-MERS DWA/aglc d�m0�ica,1362 Form 3022 09/01 9 t h1022 oro+b,1mn >G v Bk 11063 Pg 20 #3373 Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordancewith the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Leader may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of ed due date then Lender need not interest on unapplied fuads. Lender may hold such unapplied funds Its schedul pay until Borrower makesent to bring the Loan current. If Borrower does not do so within a reasonable period of �� be r return them to Borrower. If not applied earlier. such funds will time, Lender shall either apply such funds o p balance under the Note immediate) prior to foreclosure. No offset or claim applied to the outstanding prindpal Y Lender shall relieve Borrower from payments due e now or in the fnbrre Len maidn8 which Borrower might hav age and this Security Instrument or performing the covenants and agreements secured by this Security under the Note ty p Darting Instrument. 2. Application of Payments or Proceeds. Except as otherwise described In this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note; (b)principal due under the Note; (c)amounts due under Secdon 3. Such payments shall be applied to each Periodic Payment in the order in which it become due. Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the paymentmay be applied to the delinquent payment and the late Marge. If more than one Periodic Payment is outstanding, Lender may apply any Payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds far Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the"Funds")to provide for payment of amounts due fa: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property,if any; (c)premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called"Escrow Items." At origination or at any time during the term of the Loan,Lender may require that Community Association Dues,Fees,and Assessments,if any,be escrowed by Borrower,and such dues,fen soot assessments shall be an Escrow Item. Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly,when and where payable,theamounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase "covenant and agreement"is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. MASSACHUSETTS—Single Family—Fennle Mae/Fmddie Mac UNIFORM INSTRUMENT-MERS voWsoc OF==BOD-649-IM2 Foran 3022 01101 Page 4 of 15 wwmdocmaViacom eM.3oz2..,=.4.am ,�. ' f Bk 11063 Pg 21 #3373 Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and(b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of Ware Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are Insured by a federal agency,>asWmentality,or entity (including Lender,if Lender is an institution whose deposits are so insured) or In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or vtxifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made In writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds in accordancewith RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments. If Were Is a deficiency of Funds held in escrow.as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges;Liens. Borrower shall pay all taxes,assessments,charges,tines,and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,If any,and Community Association Dues,Fees,and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall pay them In the manner provided in Section 3. Borrower shall promptly discharge arty lien which has priority over this Security Instrument unless Borrower: (a)agrees in wrldq to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement, (b) contests the lien in good faith by, or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender In connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not limited to,earthquakes and floods,for which Leader requires Insurance. This insurance shall be maintained In the amounts (including deductible levels) and for the periods that Lender requires. What Leader requires pursuant to the preceding sentences can dnmge during the term of the Loan. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably. Lender may require Borrower to pay,in connection with this Loan,either:(a)a one- time charge for flood zone determination,certification and tracking services;or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappiags or similar changes occur which reasonably might affed such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. MASSACHUSETTS—Single Famly--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT•MERS ppq�pfe t9�Pw soo4*18a Form 3022 01/01 Page 5 of 15 www.dornW1hvom swozs.�.s.am e Bk 11063 Pg 22 #3373 If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage,at Lender's option and Borrower's expense. Leader is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might signlilcandy exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest, upon notice from Leader to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to a standard m disapprove such policies,shag Includeortgage clause,and shall name Lender as mortgagee and/or as an shall have the t to hold the des and renewal certificates. If Leader requires, additional loss . Lender all nigh policies P� Borrower shall renewal notices. If Borrower obtalas anypromptly give to Lender all receipts of paid premiums and farm of insurance coverage,not otherwise required by Lender, for damage to,or destruction of,the Properly,such o policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss eIn the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Insurance proceeds,whether or not the underlying lasurarce was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until.Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work Is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public a4lasters,or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for In Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters. N Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,or If Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a) Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other thea the right to any refimd of unearned premiums paid by Borrower)under all insurance policies covering the Property,Insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not than due. 6. Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60'days after the execution of this Security Inshumeat and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Protection of the Property;Inspections. Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing In the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further MASSACHUSETTS--Single Family.-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS DpcMagk dr&v 6 8044XIS62 Form 3022 01101 Page 6 of 15 www.domWic.com Il,J012 otm.B.Nm 601 Bk 11063 Pg 23 #3373 deterioration or damage. If Insurance or condemnation proceeds are paid In connection with damage to,or the taking of, the Property, Borrower shall be responsible for repairhig or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at Inspection s such reasonable cause. the time of or prior to such an interior pecifylag Borrower shall be in default if, Loan Application. Bo during the Loan application process, 8. Borrower'spp Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false,misleading, or Inaccurate information or statements to Lender(or failed to provide Lender with material Information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Properly as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might Significantly affect Lender's interest In the Property and/or rights under this Security Instrument (such as a proceeding In bankruptcy,probate,for condemnation or forfeitiue,for enforcement of alien which may attain priority over this Security instrument or to enforce laws or regulations), or(c) Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property, and securing and/or repairing the property. Lender's actions can include,but are not limited to: (a)paying any sums secured by a Hen which has priority over this Security Instrument; (b)appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a-bankruptcy proceeding. Securing the Property includes,but Is not limited to,entering the Property to make repairs,change locks.replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions,and have utilities turned on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender Incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shalt be payable,with such interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower"not surrender the leasehold estate and interests herein conveyed orterminate or cancel the ground lease. Borrower shall not,without the express written consent of Lender,alter or amend the ground lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loam, Borrower shall pay the premiums required to maintain the Mortgage Insurance In effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage I==that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost sabstantialty equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage Is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be In effect. Lender will accept,use and retain these payments as a non-refimdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non- refundable,notwithstanding the fact that the Loan Is ultimately paid in full,and Lender shall not be required to pay Borrower any Interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if MASSACHUSETTS--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS OoWjWceIRWDDIta W-649-1362 Foran 3022 01/01 Page 7 of 15 www.docmaglacom V ld�022,mao3.bm f. Bk 11063 Pg 24 #3373 Mortgage Insurance coverage(in the amount and for the period that Lender requires).provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Inumuice in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination Is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay Interest at the rate provided in the Note. Mortgage Insurance reimburm Leader(or any entity that purchases the Note)for certain tain losses it may incur If Borrower does not repay the Loan as agreed. Borrower Is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter Into. agreements with other parties that share or modify their risk,or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums)- As a result of these agreements,Leader,any purchaser of the Note,another insurer,any reinsurer,any other erive from or t entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that d ( � be characterized as)a portion of Borrower's payments for Mortgage Insurance,In exchange for sharing or modifying the mortgage insurer's risk,or reducing losses. If such agreement provides that an affiliate of Leader takes a than of the insurer's d*In exchange for a share of the premiums paid to the Insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insuranceterminatedautomatically,and/or toreceivearefundofany MortgageInsurancepremiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture. Ali Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Leader's satisfaction,provided that such Inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in ash*disbursement or in a series of progress payments as the work is completed. Unless an agreement Is made in wilting or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair Is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market volae t the Property Immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking,destruction,or loss in value, unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced MASSACHUSETTS--Single Family—Farmle Mae/FrwW!e Mac UNIFORM INSTRUMENT-MERS DoeMagle ff==SM440 tW2 Form 3022 01/01 Page 8 of 15 www.doan&V/a.com Bk 11063 Pg 25 #3373 by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the sums secured immediately before the partial taking,destruction,or loss In value divided by(b)the fair market value of the Property immediately before the partial Wag,destruction,or loss in value. Any balance shall be paid to Borrower. ' In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the no secured immediately before the partial taking, destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property Is.abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party (as defined In the next sentence)offers to make an award to settle a claim for damages.Borrower fails to respond to Lender within 30 days after the date the notice Is given,Lender is authorized to collect and apply MiSc elimm Proceeds either to restoration or repair of the Property or to the sums secured by this Secaurlty ment,whether or not then due. "Opposing Party"means the third party drat owes Borrower Miscellaneous Proceeds or the patty against whom Borrower has a right of action in regard to Miscellaneous Proceeds. , 8�s if action or proceeding,whether civil or criminal,Is begun that, In Leader's Borrower shall be In default any p could result in forfeiture of the Property or other material Impairment of Lender's interest in the Property judgment, to or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has ocmnvd,reinsta as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest In the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest ofBorrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy Including, without Imitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any night or remedy. 13. Joint and Several Liability;Co-signers;Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However,any Borrowerwho co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this.Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Inswment in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security InsUvment. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and as"dgas of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and valuation few In er�to ty ate including, but not limited to,attorneys'fees,property inspection � Y absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed MASSACHUSETTS--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MFRS DoeMag/c w o��G m Form 3022 01/01 V r,, .=.9.= S C- Bk 11063 Pg 26 #3373 as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Appbicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Leader in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given s notice address If sent b other to Borrower when mailed by first class mail or when actually delivered to Borrower ce y means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice n Lender of Borrower's a of address. N Lender address by notice to Lender. Borrower shall promptly notify � specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required.under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security IuMament. 16. Governing Law; Severability;Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained In this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a)words of the masrullae gender shall mean and include corresponding neuter words or words of the feminine gender; (b)words in the singular shall mean and include the plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used In this Section 18,"Interest in the Properly"means any legal or beneficial interest in the Property, including, but not limited to, those beneficial Interests transferred In a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchase'. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest In Borrower is sold or transferred)without Leader's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. N Borrower fails to pay these sums prior to the expiration of this period, Lender may invoice any remedies permitted by this Security Instrument without further notice or demand on Borrower. MASSACHUSETTS-Single Family-Fannie Mae/Fredc ie Mac UNIFORM INSTRUMENT•MERS DwMa$c dIIOm a00 wise Form 3022 01/01 page 10 of 16 www.domWkcom MdUZAMaoAM sc- Bk 11063 Pg 27 #3373 19. Borrower'sRight toReinstate After Acceleration. If Borrowermeetscertainconditions,Borrowershall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if mo acceleration had occurred; (b)cures any default of any other covenants or agreements; (c)pays all expenses incurred In enforcing this Security Instrument,including,but not limited to, reasonable attorneys' fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;-and(tQlakes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender:(a)cash;(b)money order;(c)certified check,bank check,treasurer's check or cashier's check, provided any such check is drawn upon an Institution whose deposits are insured by a federal agency,instrumentality or entity;or(d)Electronic Funds Transfer. Upon rehtstatementby Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note;Change of Loan Servicer;Notice of Grievance. The Note or a partial Interest in the Note (together with this Security Instrument)can be sold one or more times without prior notice to Borrower, A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are notanuned by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an Individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument, until such Borrower or Lender has notified the other party(with such notice given In compliance with the requirements of Sion 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants, or wastes by Environmental Law and the following substances: gasoline,kerosene,other flammable or toadc petroleum products,toadc pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Property Is located that relate to health,safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as debuted in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not can or permit the presence,use,disposal,storage,or releaseof any Hazardous Substances, or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do,nor allow anyone else to do, anything affecting the Property (a) Wt.is in violation of any Environmental Law, (b) which creates an MASSACHUSETTS—Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMFM•MERS DocAt'Wc dftm e00-64e-1M2 Form 3022 01/01 Page 11 of 15 www.docm##Ar.com 1 ' Bk 11063 Pg 28 #3373 Environmental Condition, or(c) which, due to the presence,use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation, claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower hasactual knowledge,(b)any Environmental Condition,indudhcg but not limited to, any spilling, leaking, discharge,release or threat of release of any Hazardous Substance, and (c)any condition caused by the presence,'use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower stall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this SecurityInstrument(but not prior to acceleration under. Section 18 unless Applicable Law provides otherwise). The notice shall specify:(a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which thb default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the suras secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the STATUTORY POWER OF SALE and any other remedies permitted by Applicable Law. bender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale to Borrower, and to other persons prescribed by Applicable Law, in the manner provided by Applicable Law. Lender shall publish the notice of sale,and the Property shall be sold in the manner prescribed by Applicable Law. Lender or its designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order:(a)to all expenses of the sale, including, but not limited to,reasonable attorneys' fees; (b)to all sums secured by this Security Instrument;and(c)any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall discharge this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower waives all rights of homestead exemption in the Property and relinquishes all rights of or"and dower in the Property. MAMCHUSE TS—Single Femify--Fannie Mae/Freddle Mac UNIFORM INSTRUMENT•MERS Doeft/c Qfig1m W440-1362 Form 3022 01/01 Page 12 of 15 www.docmvlacom M.�a¢z.mm.lz.a. Bk 11063 -Pg 29 #3373 BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. J AHARLEJCAMIRAND -Borrower SUDHA CAMIRAND -Borrower ($081) (Seel) -Borrower -Borrower (w (Seal) _Bor -Borrower Witaess: Witness: de both MASSACHUSETTS--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS DooMag7ci°�T0D06 Boo�9-rae2 Form 3022 01/01 Page 13 of 15 www.dodn�ic.com M�90Z2.mm.l9.km �� Bk 11063 Pg 30 #3373 (Space Now This Line For Acknowledgment] Commonwealth of Massachusetts County of Essex On this 7th day of February, 2008 ,before me,the undersigned notary public, personally appeared. CHARLES CAMIRAND AND SUDHA C IRAND proved to me through sadsfactory evidence of identification,which were driver's license r to be the person whose name is signed on the preceding or attached document,and acknowledged to me that(he)(she) signed it voluntarily for its stated purpose. ❑ (as partner.for a corporation) ❑ (as fo* a corporation) ❑ (as attorney in fact for the principal) ❑ (as for (a) (the) \7 a1.. No c Louis L. Gmftldella Notary Public(Printed Name) My commission expires: 111612 (S MASSACHUSETTS—Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS Docbfaglc tVbm me-64P.M2 Foran 3022 01101 Page 14 of 15 www.doWWk.com Matw mtm.34AM Bk 11063 Pg 31 #3373 ❑ .No mortgage broker was involved with this Mo rtgage ❑ The following mortgage broker was involved with this Mortgage: Name of Mortgage Broker: License No.: Address: ❑ No mortgage loan originator was Involved with this Mortgage. ❑ The following mortgage loan originator was involved with this Mortgage: Name of Mortgage Loan Originator: License No.: Address: I MASSACHUSETTS--Single Family—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT•MERS Do~00M 0004*1362 Form 3022 01/01 Page 15 of 15 www.dwmojk.com C— �. MW022.mmi.l5.kn f Bk 11063 Pg 32 #3373 Exhibit A Legal Description The following two parcels of land situated on High Street, North Andover, Massachusetts. FIRST PARCEL:A certain parcel of land with the buildings thereon, situated in North Andover, in said County, and being lot numbered seven (7)on the Charles O. Baker Plan of Lots of Land, recorded with North Essex Registry of Deeds as Plan No. 0326. Said Lot#7 is more particularly bounded and described as follows: Northerly by land now or formerly of Abbott Prescott; Easterly fifty and 8/10(50.8) feet by Lot#10, as shown on said plan; Southerlyone hundred thirty-elght(138)feet by Lot#6, as shown on said plan; and Westerly fifty-seven and 85/100 (57.85)feet by High Street. SECOND PARCEL:A certain parcel of land on the easterly side of High Street, " n Massachusetts shown as Parcel A on a Ian North Andover, Essex County, p entitled "Plan of Land in North Andover, MA prepared for R.S. Wilde by Northern Associates, Inc.: dated October 7, 1993 recorded N.E.R.D. Plan#12361. Said Parcel "An is more particularly described as follows: Westerly by High Street, 20.00 feet Northerly Y b other land of Nancy Melvin, 180.36 feet; Easterly by land now or formerly of Fm20.00 feet; nochiaro, Southerly by land now or formerly of Finnochlaro and by land now or formerly of Wilde, a total of 180.36 feet. For'our tide see deed recorded in Book 10475, Page 248. G EXHIBIT Total Paq u: 2 Sk 12848 P9190 06247 03-09-2012 a 10a33a X Eves NorNten Diatrkt, ebruetb "CAMIItAND" . SELLER'S LENDER IN: M i o MERG#:100231300000079462 SIS 0 1488479077 Date of Assignment:Merrett Sett,2012 to _ Assignor:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR 0 RELIANT MORTGAGE COMPANY,LIMITED LIABILITY COMPANY,ITS SUCCESSORS AND = ASSIGNS at BOX 2026 FLINT MT 48501,1901 E VOORHEES ST STE C.,DANVILLE,IL 61834 Assignee:WELLS FARGO BANK,NA at 1 HOME CAMPUS,DES MOINES.IA 50328 Executed By:CHARLES CAMIRAND AND SUDHA CAMIRAND,HUSBAND AND WIFE,AS TENANTS BY THE ENTIRETY To:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR RELIANT MORTGAGE COMPANY,LLC,ITS SUCCESSORS AND ASSIGNS Do of Mortgage: 02/0712008 Recorded: 02l12R008 in Boo1:/Reellia'ba:11063 Page/Fotio:17 as Ins mme nt No.:3373 M the County of Essex Northern DtaWK State of Ma:sdoft Mfr Properly Addross:119 HIGH STREET,NORTH ANDOVER,MA 01845 KNOW ALL MEN BY THESE PRESENTS,do for good and vahuble omMeration,the me*and sufficiency of which is hereby acitnowledged,the said Assignor hereby assigns unto dw above•named Assignee,the said Mortgage having an original principal sum of3M,000.00 with interest,secured thereby.with all moneys now awing or that may hemeft become due or owing in respect thervot;and the Poll benefit of all the powers and of all the covenau and provius dterein eoMabtod,artd the said Assignor bereby grants and conveys unto the said A aWwe,the Aulpoes benet'tciat ink under the Mortgage. TO HAVE AND TO HOLD the said Mortgage,and the said property unl o the said Assignee foreva, subject to the terms contained In acid Mortgage. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.,AS NOMINEE FOR RELIANT MORTGAGE COMPANY,LIMITED LIABILITY COMPANY,ITS SUCCESSORS AND ASSIGNS on 3?-1 sr: John mot .Assistant FureW ' �rsrx�oaoaaonesm:.eMr (✓'aW1tGrF„MORrJtial0l�IWM�'I�M6W' Recording Requesled Br. WELLS FARGO BANK,N.A. When Recorded Return To: DEFAULT ASSIGNMENT WELLS FARGO BANK,N.A. MAC:X9999-018 PO BOX 1629 MINNEAPOLIS,MN SS"0-9790 I Bk 12848 Pg191 #6247 CORPORATE ASSONMEM OF MOMAN Pape 2 04 STATE OF Minim COUNTY OF Dakota On before me, Adie AMI Pf" a Notary Public in Dtkata County in the State of Mlmmote,peandly appeared Assistmt Soixetsry,p aonally known to me(or proved to me on the basis of atidamy evidence)to be the pawns)whose nsme(s)Were subunM to fie within inset ntent and acknowledged to me that he/shelthey executed the acme in hWharhheir authorized capacity,sW thtt by hialha their tigiiOW an the inshument the ptason(s),or the entity upon behalf of which the persons)awed,executed the kWwnmL WITNESS my hand and official seal, ME ANN PRIETO NOTARYPUSUC WNNESOTA tlft@ UrCaeniabaEAplr�tJml1,t014 Notary Expires: lLV aO elf Cllfli6 tr0a for notarial fCaQ TRIANDAMOMQO2oft4aP MO WPWftANJ10Rr LN-r&WW EXHIBIT HARMON LAW OFFICES, P.C. 150 CAL.IFOR U STREET NEWTON,MASSACHUSETTS 02458 71EL(617)558-0500 M(617)244-7304 Business Hours: Mmudayfliday 8:00 AM-to 5:30 PM SERYING MA=ACHUWM NEW HAMPSHLRE"D RHODE HUND October 24,2013 Charles Camirand and Sudha Camirand 10 Lisa St Burlington, MA 01803 Re: Wells Fargo Bank, NA/Camirand, Charles Property Address: 119 HIGH STREET,NORTH ANDOVER MA 01845-1600 Loan Nom Dear Charles Camirand and Sudhe Camirand: This letter is in response to your request fora payoff amount. As of October 24,2013,the payoff amount owed is$294,997.30. However, the amount that you owe, including legal fees and costs, may increase between the date of-this letter and the date that you pay off your loan. This Is because additional steps may occur in the foreclosure process and additional amounts may become due. It Is our understanding that you intend to pay off the loan at a future date. If you pay by November 21, 2013,we estimate that the payoff amount will be as follows: Principal $ 254,330.48 Interest $ 30,049.39 Late Charges $ 328.44 Release Recording Fee $ 75.00 Escrow Balance $ 9,645.88 Property Inspections $ 230.00 Legal Fees and Costs through October 24, 2013 $ 1,420.00 Anticipated Additional Legal Fees and Costs through $ 1,426.10 November 21, 2013 Corporate Advances $ 0.00 BPO/Appraisals $ 0.00 Non Sufficient Funds Fees $ 0.00 Total Estimated Payoff Amount Due as of November 21, $ 297,505.29 2013 In addition to the Total Estimated Payoff Amount Due as of November 21, 2013,the following Items may become due on November 22, 2013. 201206-0841 FCL CORR/Payoff Letter Massachusetts 0906Ckmirand,Charles Harmon Law Offices,P.C. October 24,2013 Page 2 Daily Interest $ 40.07 Anticipated Additional Legal $ 0.00 Fees and Costs If you want to pay off your loan after November 22, 2013, you must contact us for a new payoff amount. Please call us when you actually are ready to pay off your loan so that we can give you the current payoff amount at that time. Please be advised that the payoff amount is subject to final verification by the Noteholder. You will be responsible to reimburse the Noteholder If it pays other taxes, insurance or other miscellaneous expenses allowed by law. If you are moving or no longer live at the property, please provide us with a new address. if we receive legal fees and costs in excess of the-amount you owe, they will be returned to you by mail. There may be other options available to help you avoid foreclosure. You may contact your lender to discuss these options. We do not accept personal checks. Please make your certified check, bank check or money order payable to Harmon Law Offices, P.C., and mail or deliver the check directly to Loan Resolution Group, Harmon Law Offices, P.C., 150 California Street, Newton, MA 02458 so that we receive it no later than 5:00 P.M.on November 22, 2013. HARMON LAW OFFICES,P.C. Loan Resolution Group 201206-0841/LRG PLEASE BE ADVISED THAT THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DAVID M. TRoVATo, J.D., LL.M. ATTORNEY AT LAW THE WILLOWS PROFESSIONAL PARK 809 TURNPIKE STREET NORTH ANDOVER,MA 01845 NEW HAMPSHIRE AND TEL:(978)688-9091 MASSACHUSETTS BAR FAX:(978)688-7081 Oji 5 23 October 11, 2013 Clerk-Magistrate Northeast Division Housing Court Department Fenton Judicial Center 2 Appleton Street Lawrence, MA 01840 Re: North Andover Health Department and Avatar Properties, a Division of Avatar Financial Services, Inc., Receiver v. Charles Camirand and Sudha Camirand Docket No. #12-CV-0067 Dear Clerk: Enclosed herewith please find Motion for Approval of Receiver's Sale of Real Estate and for Receiver to File Interpleader for Surplus for filing in the above-entitled matter. Please schedule a hearing on this matter for Thursday, October 17, 2013 at 2:00 P.M. Should you have a question regarding this matter,please feel free to contact me. Yours t y, avid . Trovat DMT/moh Encl. cc: Wells Fargo Bank, N.A.; Charles Camirand; Sudha Camirand; Lynne A. Saben, Esq., North Andover Health Departmenti/ f , COMMONWEALTH OF MASSACHUSETTS ESSEX, SS NORTHEAST HOUSING COURT DOCKET#12-CV-0067 AVATAR PROPERTIES, A DIVISION OF AVATAR FINANCIAL SERVICES, INC., RECEIVER, FOR NORTH ANDOVER HEALTH DEPARTMENT, Plaintiff V. CHARLES CAMIRAND and SUDHA CAMIRAND, Defendants MOTION FOR APPROVAL OF RECEIVER'S SALE OF REAL ESTATE AND FOR RECEIVER TO FILE INTERPLEADER FOR SURPLUS NOW COMES, your Receiver, Avatar Properties, A Division of Avatar Financial Services, Inc., (hereafter the "Receiver") a New Hampshire Corporation authorized to do business in the Commonwealth of Massachusetts, by and through its attorney, David M. Trovato, Receiver for North Andover Health Department against Charles Camirand and Sudha Camirand, appointed pursuant to M.G.L. c.111, Sec. 127I and Order of the Northeast Housing Court dated April 23 2012, Case No. 12-CV-00067 for 119 High Street North Andover, for property described in a deed to Sudha Camirand and Charles Camirand recorded with the Essex North District Registry of Deeds at Book 10475, Page 248, see also deed recorded at Book 12934, Page 277, and states as follows: It , 1. That pursuant to this Court's Order of April 23, 2012, your Receiver, Avatar Properties, A Division of Avatar Financial Services, Inc. was appointed Receiver as described above; 2. That pursuant to Confirmatory Motion of the Receiver to Foreclose on Its Lien, this Court on July 11, 2013 allowed your Receiver to foreclose on its Lien recorded with the Essex North District Registry of Deeds at Book 13116, Page 106; 3. That your Receiver has proceeded to liquidate the Receivership property, located at 119 High Street, North Andover, Massachusetts in a commercially reasonable transaction sale to an arms length, bona fide purchaser by Public Sale Auction on August 20, 2013. A copy of the publication of the Receiver's Sale of Real Estate at Public Auction Pursuant to Massachusetts General Laws c. 111, sec. 127I published in the Eagle Tribune on July 29, August 5, and August 12, 2013 is attached as Exhibit"A" 4. All properly indexed creditors and parties in interest as disclosed by the records of the Essex North District Registry of Deeds were notified by Certified Mail. See Exhibit`B"; 5. That prior to the Public Auction Sale of the property on August 20, 2013, your Receiver caused block ads to be published in the Eagle Tribune. See Exhibit "C". 6. That publication by your Receiver, Counsel for the Receiver, and the Auctioneer, produced spirited bidding at the auction by numerous bidders inclusive of the successful bidder, Joseph J. Bartolotta, Jr. and Nominee, Utopia Remodeling Group, LLC. 7. That the Receivership property was sold at Public Auction on August 20, 2013 to Joseph J. Bartolotta, Jr. and Nominee Utopia Remodeling Group, LLC for a price of Two Hundred Thirty-Five Thousand and 00/100ths Dollars ($235,000.00), a price less than the Appraisal of Real Property obtained by your Receiver dated August 13, 2013. See Memorandum of Sale attached as Exhibit "D". 8. That your Receiver is owed Seventy-Seven Thousand Nine Hundred Sixty-Eight and 72/100ths Dollars ($77,968.72). That legal costs of the Receiver, publication costs, advertising, and Auctioneer fees total Twenty-Three Thousand One Hundred Ninety-Four and 55/100ths Dollars ($23,194.55). 9. That the high bidder of the property was Joseph J. Bartolotta, Jr. and Nominee Utopia Remodeling Group, LLC and he gave the sum of Ten Thousand and 00/100ths Dollars ($10,000.00) as deposit required by the Receiver's Sale of Real Estate at Public Auction Pursuant to Massachusetts General Laws c.11l, Sec. 127I. See Exhibit"E". 10. That the Public Auction Sale of the property was consummated on September 18, 2013 as evidenced by the attached HUD Settlement Statement (See Exhibit "F") showing the total purchase price of Two Hundred Thirty-Five Thousand and 00/100ths Dollars ($235,000.00), a deposit of Ten Thousand and 00/100ths Dollars ($10,000,00) and proceeds to your Receiver in the amount of Two Hundred Twenty-Five Thousand and 00/100ths Dollars ($225,000.00). See Exhibit "G". WHEREFORE, your Receiver requests that this Honorable Court: A. Approve the sale of the Receivership property located at 119 High Street, North Andover, Massachusetts pursuant to Confirmatory Motion of the Receiver to Foreclose on Its Lien allowed by this Court on July 11, 2013, allowing your Receiver to foreclose on its Lien recorded with the Essex North District Registry of Deeds at Book 13116, Page 106 making the title to the property marketable and insurable; B. Allow and order the disbursement of funds to your Receiver, Counsel for the Receiver, Auctioneer and publication and advertisement fees in accordance with paragraph 8. above; C. Allow your Receiver to file its Final Account pursuant to Rule 1:07-(7) and upon such approval by the Court, remove the Receiver; D. Allow Counsel for the Receiver to file a Motion In Interpleader for surplus funds and to serve all creditors and interested parties properly indexed with the Essex North District Registry of Deeds by first class postage prepaid mail; E. Allow your Receiver and Counsel for the Receiver to be dismissed upon filing the Motion In Interpleader and proper return of service upon all creditors and interested parties; and F. For such other relief as may be just. Respectfully submitted, Receiver, Avatar Properties, A Division of Avatar Financial Services, Inc. 1 , Dated: October 11, 2013 avid M. Trovato 809 Turnpike Street North Andover, MA 01845 Tel: (978) 688-9091 BBO # 542785 t CERTIFICATE OF SERVICE I, David M. Trovato, hereby certify that I have served a copy of the enclosed pleading on Wells Fargo Bank, N.A., 1 Home Campus, Des Moines, IA 50328; Charles Camirand, 101 Shiloh Street, Branson, MO 65616; Sudha Camirand, 119 High Street, North Andover, MA 01845; Sudha Camirand, 3 Walker Road, Unit 6,North Andover, MA 01845; Lynne A. Saben, Esq., Attorney for Sudha Camirand, Law Office of Lynne Saben, 143 Essex Street, Suite 207, Haverhill, MA 01832; and The North Andover Health Department, Community Development and Services Division, 1600 Osgood Street, North Andover, MA 01845; by first class postage prepaid mail this day, October 11, 2013. F 4 ,. -�.. D id M. Tr ato 1 EXHIBIT A RECEIVER'S SALE OF REAL ESTATE AT PUBLIC AUCTION PURSUANT TO MASSACHUSETTS GfNERAL.LAM c; 111,sec..�1271 By virtue of an Order of the Northeast Housing Court dated July 11, 2013 (Docket: No, .12-CV-00067) in favor of..Avatar Properties; a clivi-; sion of Avatar ,Financial Services, Inc., Receiver, and against. Charles~ Camirand and. Sudha Camirand, establishing a lien under G.L.c. 111 sec 1271 on. the! real estate known -:as 119 High Street, North' Andover, ,Massachusetts, for the purpose of satisfying such lien, real es- tate will be sold at.public auction at 11:00 o'clock A.M. on the 20th day of August, 2013:, on the premises hereinafter described, all and singular the premises described in a.deed.To wit: Rrope.rty.Address 119.H;gh Street, North Andover, MA 01845 The following two f Massachusetts. parcels oland situated on High Street, North Andover, FIRST PARCEL:A certain parcel of land with the buildings thereon, situ- ated in North Andover,in said County,and being lot numbered seven (7)on the Charles 0. Baker Plan of Lots of Land recorded,with North Essex Reg- istry of.Deeds as Plan No. 0326. Said Lot#7 is more particularly bounded and described as follows: Northerly by land now or formerly of Abbott Prescott; Easterly Fifty and 8/10 (50.8)feet by Lot#10,as shown on said plan; Southerly One Hundred Thirty-Eight (138) feet by Lot#6, as shown on said plan;and Westerly Fifty-Seven and 85/100 (5.7.85)feet by High Street. Containing 7,547 square feet according to said plan. SECOND PARCEL:A certain parcel of land,on the easterly side of High Street, North Andover; Essex County, Massachusetts shown as Parcel 'A' on a plan entitled.Plan of Land in North Andover, MA prepared for R.S. Wil- de by Northern Associates, Inc.: dated October 7, 1993 recorded N.E.R.D. Plan#12361.Said Parcel"A' is more particularly described,as follows: Westerly by High Street,20.00 feet; Northerly.by.other land of,Nancy Melvin, 180.36 feet; Easterlyy by land now or formerly of Finnochiaro, 20 feet; Southerly,by land now or formerly of Finnochiaro and by land now or formerly of Wilde,a total of 180.36 feet. Containing 3;605 square feet,according to said,plan. Being the same premises conveyed to me by deed of Ralph Wilde, Jr. i a.k.a. Ralph S. Wilde, and Ann Wilde, dated June 28, 2002 and recorded 1 With the Essex North Registry of Deeds in Book 6918, Page 159, I TERMS'OF"SALE: A deposit of:$10,000.00 shall be paid by the pur- chaser in cash, certified, cashier's or bank check at the•time and place of the auction sale. The balance of the purchase price.is to be paid;in cash, i or by certified,cashier's or bank check at the office of David M.Trovato,4torney at Law, 809 Turnpike Street, North Andover, Massachusetts, 01845 i within thirty (30) days from the date of sale. Deed will be provided to the I purchaser for recording upon receipt in full ofthe,purchase price. The de- ; scription of the premises contained in said deed shall control in the event ; of an error in the publication.' i Other terms if any,to be announced at the sale. Dated:July 18, 2013 c Avatar Properties, a division of Avatar Financial Services, Inc. By its Attorney I David M.Trovato ; 809 Turnpike Street North Andover, Massachusetts 01845 ET—7/29,8/5, 8/12/13 (978) 688-9091 1 0 t DAVID M. TROVATO, J.D., LL.M EXHIBIT B ATTORNEY AT LAW THE WILLOWS PROFESSIONAL PARK 809 TURNPIICE STREET NORTH ANDOVER,MA 01845 NEW HAMPSHIRE AND TEL: (978)688-9091 MASSACHUSETTS DAR FAX:(978)688-7081 RECEIVER'S SALE OF REAL ESTATE July 30, 2013 Wells Fargo Bank, N.A. 1 Home Campus Des Moines, IA 50328 VIA CERTIFIED MAIL Re: 119 High Street, North Andover, MA 01845 To Whom It May Concern: You are hereby notified, pursuant to Massachusetts General Laws, Chapter 111, §1271 and order of the Northeast Housing Court of the intention of Avatar Properties, a division of Avatar Financial Services, Inc,, on or after August 20, 2013 at 11:00 A.M., to sell at public auction for the purpose of satisfying the Receiver's Lien dated September 12, 2012 and recorded with the Essex North District Registry of Deeds at Book 13116, Page 106. Yours truly, Avatar Properties, a Division of Avatar Financial Services, Inc. by its attorney David M. Trovato, Attorney at Law 1 by:4TrDavid6vaft'�'� Enclosed: Receiver's Sale of Real Estate SENDER:COMPLETE THIS SECTIOIVCOMPLETE THIS SECTIONON • Complete Items 1,2,and 3.Also complete A. 1 nature V j�t`: item 4 if Restricted Delivery Is desired. q, Agent • Print your name and address on the reverse ddressee so that we can return the card to you. B. Received by(Prfnte, ame) `I . D t� t Delivery ■ Attach this card to the back of the maiiplece, or on the front if space permits. D.Is delivery address er fro _.@m 1 ❑ as 1. Article Addressed to: No If YES,enter delivery �$- 90� ' ells Fargo Sank, N.A. 1 Hors Car,ipus Des' Nioines, 1A 50326 3. Service Type P Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail [j C.O.D. 4. Restricted Delivery?Pdra Fee) ❑Yes 2, Article Number 2807 (Transfer from service label) ?011 01,10 0001 2 4 7 8 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M=1540 DAVID A TROVATO, J.D., LLN ATTORNEY AT LAW THE WILLOWS PROFESSIONALPARK 809 TURNPIKE STREET NORTH ANDOVER,MA 01845 NEW HAMPSHIRE AND TEL: (978)688-9091 MASSACHUSETTS DAR FAx: (978)688-7081 RECEIVER'S SALE OF REAL ESTATE July 30, 2013 Attorney Lynne A. Saben Attorney for Sudha Camirand Law Office of LynneSaben 143 Essex Street, Suite 207 Haverhill, MA 01832 VIA CERTIFIED MAIL Re: 119 High Street, North Andover, MA 01845 To Whom It May Concern: You are hereby notified, pursuant to Massachusetts General Laws, Chapter 111, S 127I and order of the Northeast Housing Court of the intention of Avatar Properties, a division of Avatar Financial Services, Illc., on or after August 20, 2013 at 11:00 A.M., to sell at public auction for the purpose of satisfying the Receiver's Lien dated September 12, 2012 and recorded with the Essex North District Registry of Deeds at Book 13116, Page 106. Yours truly, Avatar Properties, a Division of Avatar Financial Services, Inc. by its attorney David M. Trovato, Attorney at Law by: ( / aw ud M. Trovato Enclosed: Receiver's Sale of Real Estate SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also completa,. t A r Item 4 if Restfidted b'e11ve'ry Is desired. : '' r' I, ❑Agent ■ Print your namd4ind address on the reverse "' O.Addressee so that we cah!fietum the card to you. B . nt a e) . C. Da of elivery ■ Attach this card to the back of the mallpiece, �or on the front if space permits. Is delivery address different from Item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: �`�, No Attorney Lynne A. Saber Attorney for Sudha Camiranc La►v Office of Lynne Saben 143 Essex Street, Suite 207 Haverhill , MA 01832 3. Service Type Certified Mall 0 Express Mail 0 Registered O Return Receipt for Merchandise ❑Insured Mall d C.O.D. 4. Restricted Delivery?(Extra Fee) E]Yes 2. Article Number 7 011 0110 0001 2 4 7 8 2791 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540, DAVID M. TROVATO, J.D., LL.M ATTORNEY AT LAW THE WILLOWS PROFESSIONAL PARK 809 TURNPIKE STREET NORTH ANDOVER,MA 01845 NEW HAMPSHIRE AND TEL: (978)688-9091 MASSACHUSETTS BAR FAx: (978)688-7081 RECEIVER'S SALE OF REAL ESTATE July 30, 2013 The North Andover Health Department Town of North Andover Community Development and Services Division 1600 Osgood Street North Andover, MA 01845 VIA CERTIFIED MAIL Re: 119 High Street, North Andover, MA 01845 To Whom It May Concern: You are hereby notified, pursuant to Massachusetts General Laws, Chapter 111, §1271 and order of the Northeast Housing Court of the intention of Avatar Properties, a division of Avatar Financial Services, Inc., on or after August 20, 2013 at 11:00 A.M., to sell at public auction for the purpose of satisfying the Receiver's Lien dated September 12, 2012 and recorded with the Essex North District Registry of Deeds at Book 13116, Page 106. Yours truly, Avatar Properties, a Division of Avatar Financial Services, Inc. by its attorney David M. Trovato, Attorney at Law by , D d M. rova o Enclosed: Receiver's Sale of Real Estate SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ONA)ELIVERY f ■ Complete items 1,2,and 3.Also complete A. Signa�/, item 4 If Restricted Delivery is desired. .gent ■ Print your name and address on the reverse X ' ❑Addressee so that we can return the card to you. Received by(Printed Name) C. Dat IDeflyry ■ Attach this card to the back of the mailpiece, or on the front If space permits. D. Is delivery address different'from item 1? ❑Yds 1, Article Addressed to: If YES,enter delivery address below: No The North Andover Health Depar tri" Torn of North Andov;;r Coi,m,!ni ty Devel . & Services Div. 1600 Osgood Street north Andover, P1A 01845 3. Service Type M Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 0110 0001 2478 2 814 (Transfer from service laboo 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 DAVID A TRoVATO, J.D., LLA ATTORNEY AT LAW THE WILLOWS PROFESSIONAL PARK 809 TURNPIKE STREET NORTH ANDOVER,MA 01845 NEW HAMPSHIRE AND TEL: (978)685-9091 MASSACHUSETTS BAR FAx (978)688-7081 RECEIVER'S SALE OF REAL ESTATE July 30, 2013 Charles Camirand 101 Shiloh Street Branson, MO 65616 VIA CERTIFIED MAIL Re: 119 High Street, North Andover, MA 01845 To Whom It May Concern: You are hereby notified, pursuant to Massachusetts General Laws, Chapter 111, §1271 and order of the Northeast Housing Court of the intention of Avatar Properties, a division of Avatar Financial Services, Inc., on or after August 20, 2013 at 11:00 A.M., to sell at public auction for the purpose of satisfying the Receiver's Lien dated September 12, 2012 and recorded with the Essex North District Registry of Deeds at Book 13116, Page 106. Yours truly, Avatar Properties, a Division of Avatar Financial Services, Inc. by its attorney David M. Trovato, Attorney at Law by: Dav' M. rovato Enclosed: Receiver's Sale of Real Estate ;ovATo, J.D., LL.M - --- - -------- ,RNEY AT LAW U.S. POSTAGE URNPIKE STREET 1 NORTH ANDOVER,MA R,MASSACHUSETTS 01845 01895 i2 AUG 02.'13 UMTEDSWES AMOUNT POSTAL SERVKE 7006 0100 0006 0837 8916 00082218-11 . �. Charles Camirand 101 Shiloh Street C Branson, M0i11 x E F:, :1..�4'3`, Lt'N£_1_.,'I.M.E D { I�ni a.�.I c -^r1 •"r7 r. L.r.o ry C 18 '{p>"yiR1\6 ut Mg1.1\Vopw� C��r q 0 } 2-44 rt DAVID M. TROVATO, J.D., LL.M ATTORNEY AT LAW THE WILLOWS PROFESSIONAL PARK 809 TURNPIKE STREET NORTH ANDOVER.MA 01845 NEW HAMPSHIRE AND TEL: (978)688-9091 MASSACHUSETTS BAR FAx: (978)688-7081 RECEIVER'S SALE OF REAL ESTATE July 30, 2013 Sudha Camirand 119 High Street North Andover, MA 01845 VIA CERTIFIED MAIL Re: 119 High Street, North Andover, MA 01845 To Whom It May Concern: You are hereby notified, pursuant to Massachusetts General Laws, Chapter 111, §127I and order of the Northeast Housing Court of the intention of Avatar Properties, a division of Avatar Financial Services, Inc., on or after August 20, 2013 at 11:00 A.M., to sell at public auction for the purpose of satisfying the Receiver's Lien dated September 12, 2012 and recorded with the Essex North District Registry of Deeds at Book 13116, Page 106. Yours truly, Avatar Properties, a Division of Avatar Financial Services, Inc. by its attorney David M. Trovato, Attorney at Law y: Da id M. Trovato Enclosed: Receiver's Sale of Real Estate / ! --- - wvAm, J.D., LL.M )RNEY AT LAW URNPIKE STREET U.S. POSTAGE R,MASSACHUSETTS 01845 I 1111111111 NORTH ANDOVER,MA 01895 UN�fEGST6IES AUG 02,'13 PU57nt SFRVI�F AMOUNT 7006 0100 OD06 0837 8909 ��• � � l000 01895 00082218-11 c %:•`ft � � Sudha Camirand 1i 119 High Street North Andover, MA 01845 EXHIBIT C N 1- _ R1C ,Po LE OF OTi O i r FO U111".1-0960100M HOME TUESDAM. AUSUST 20 AT 11:0.0 AM 11 HIG1:.53 ' NO, TWN OVER. MA. ID#11 3426•Rar style home on a 0:171 acre lot less than a ' mile to the centerof town and 1-495. 1 & 2-story home Wilt in{ 1950 contains-,2-07 SF GLA,8RMS,4 BR, 2 BA and a walou basement H { eba. i tures a desk, F111N1�as;heat, an, fegced-in back yard w�h 2 detaed sheds • Served 6y public water and sewer• Tax Map 210, Lot 6773. Assessed.valaa„$3.15,9QO;�,F,,::20.1F3 taxes $4,334.'ZAurx�,Orderv,Ref. Northeast Housing:Court Docket No ,12-CV-0;0067 Sade pe,r order of Receiverby:ats Attoey.. David M.Trovato, Esquirae,North ►ridover;INA. Terms. $10000 depose#by.cash,certifiedcheck,.or:bank cfteck at time of sale,balahce dine u��thirf`30 da is Other f nuns may bey anovd,, d at timeofsale,,All� nformatio.h 1.herein is be level but not warranWvt,be , coned.The*Receiver does not warrant the condition or existence of any feature described above. For more information,please visit our website NH uc #2279 At�+��� • 1 ��` . wuc. AUCTIONEERS { a3a '1-8,Q:0-f3�I-18'h0 • www.jsJa"ulctions.Gom 1 r EXHIBIT D MEMORANDUM OF SALE The Memorandum of Sale is made this 20th day of August, 2013 by and among Avatar Properties, a division of Avatar Financial Services, Inc., a New Hampshire Corporation, authorized to do business in the Commonwealth of Massachusetts, whose principal address is 163 Main Street, Suite 201, Salem, New Hampshire 03079 (the "Receiver"), James R. St. Jean Auctioneers of Man/chester, New Hampshire (the "Auctioneer") and �✓c7sP,v`1 .J. /3 ftp /J '�T G 07 %70 m;A5 '� �U c�� i�►.� (the "Buyof") �Jr � 1. RECEIVER'S SALE OF REAL ESTATE AT PUBLIC AUCTION Pursuant to a public auction conducted August 20, 2013 by the Auctioneer on behalf of Avatar Properties, a division of Avatar Financial Services, Inc. in exercise of the Receiver's Sale of Real Estate at Public Auction of property of Charles Camirand, and pursuant to a lien filed by the Receiver dated September 12, 2012 and recorded with the Essex North District Registry of Deed at Book 13116, Page 106, the Buyer as the highest bidder agrees to purchase the real property described below (the "Property") in accordance with the terms hereof. 2. DESCRIPTION OF THE PROPERTY The Property shall mean the following, 119 High Street, North Andover, Massachusetts, namely: Property Address: 119 High Street, North Andover, MA 01845 The following two parcels of land situated on High Street, North Andover, Massachusetts. FIRST PARCEL: A certain parcel of land with the buildings thereon, situated in North Andover, in said County, and being lot numbered seven (7) on the Charles O. Baker Plan of Lots of Land, recorded with North Essex Registry of Deeds as Plan No. 0326. Said Lot #7 is more particularly bounded and described as follows: Northerly by land now or formerly of Abbott Prescott; Easterly Fifty and 8/10(50.8) feet by Lot#10, as shown on said plan; Southerly One Hundred Thirty-Eight (13 8) feet by Lot#6, as shown on said plan; and Westerly Fifty-Seven and 85/100 (57.85) feet by High Street. Containing 7,547 square feet according to said plan. SECOND PARCEL: A certain parcel of land on the easterly side of High Street, North Andover, Essex County, Massachusetts shown as Parcel "A"on a plan entitled "Plan of Land in North Andover, MA prepared for R.S. Wilde by Northern Associates, Inc.: dated October 7, 1993 recorded N.E.R.D. Plan#12361. Said Parcel "A" is more particularly described as follows: Westerly by High Street, 20.00 feet; Northerly by other land of Nancy Melvin, 180.36 feet; Easterly by land now or formerly of Finnochiaro, 20 feet; Southerly by land now or formerly of Finnochiaro and by land now or formerly of Wilde, a total of 180.36 feet. Containing 3,605 square feet, according to said plan. Being the same premises conveyed to me by deed of Ralph Wilde, Jr. a.k.a Ralph S. Wilde, and Ann Wilde, dated June 28, 2002 and recorded with the Essex North District Registry of Deeds in Book 6918, Page 159. Subject to easements, restrictions, covenants and conditions of record, insofar as the same are in force and applicable. For title, see deed recorded at Book 12934, Page 277. SAID PREMISES ARE SUBJECT TO THE FOLLOWING ENCUMBRANCES: 1. Any encroachments of retaining walls or fences situated on or in proximity to any property lines 2. Title to and rights of the public and others in so much of the premises as lies within the bounds of Maple Avenue, North Andover, Massachusetts. 3. Any taxes, water, sewer, or other municipal charges to the Town of North Andover. 3. TRANSFER OF THE PROPERTY The Property shall be conveyed by a Receivers Deed pursuant to Decree of the Northeast Housing Court dated July 11, 2013 in accordance with M.G.L c. 111 §127I. The property shall be conveyed and transferred subject to any outstanding tenancies and/or leases, the rights of parties in possession, and to tax title, municipal taxes and assessments, any outstanding water or sewer bills or liens, the provisions of applicable state and local law, including building codes, zoning ordinances and M.G.L. c. 21E. There will be no adjustment of rents, security deposits, taxes and water or sewer. The successful Buyer will 11 be responsible to remove the Receiver P by Motion with the Northeast Housing Court. The total bid price will be set forth as the consideration in the deed to the Property. 4. PRICE AND DEPOSIT The bid price for which the Property has been sold to the Buyer isJupo 1%4,'11 711J Dollars ($x735,OW�4 of which Ten Thousand and 00/100 Dollars ($10,000.00) has been paid this day in accordance with the terms of the Receiver's Sale of Real Estate at Public Auction Notice, with the balance to be paid by certified check or bank check at the time of the delivery of the deed. The Seller shall be entitled to any interest earned on the deposit and the amount to be paid by the Buyer shall not be adjusted to reflect any interest earned on the deposit. 5. CLOSING The deed and associated papers shall be delivered and the balance of the consideration paid at the office of David M. Trovato, 809 Turnpike Street, North Andover, Massachusetts on or before ten o'clock (10:00 A.M.) on the thirtieth day following the date hereof, or such other time and place as may be mutually agreed upon by the Seller and the Buyer(the "Closing"). 6. TITLE In the event the Receiver cannot convey title to the Property as stipulated, the deposit, and if applicable, the balance of the purchase price, shall be refunded and all rights hereunder shall cease, and the Buyer shall have no recourse against the Receiver, or its employees, agents and representatives, whether at law or in equity; provided, however, that Buyer shall have the election to accept such title as the Receiver can deliver to the property in its then condition and to pay therefor the purchase price without deduction, in which event the Receiver shall convey such title. The conveyance by the Receiver does not warrant or represent that the title to the property will be insurable or marketable. 7. RISK OF LOSS Receiver shall maintain casualty insurance covering the Property in a reasonable amount as determined in the sole discretion of the Receiver. If the property is damaged by fire or other,casualty prior to the closing, Buyer shall accept a deed to the Property and an assignment of so much of the insurance proceeds as has not been used in the restoration of the Property prior to the Closing, paying therefor the full balance of the bid price. 8. ACCEPTANCE OF DEED The acceptance of a deed to the Property by the Buyer or Buyer's nominee, as the case may be shall be deemed to y be a full performance and discharge of every agreement and obligation herein contained or expressed or arising out of said public auction on the part of the Receiver to be performed or observed. 9. CONDITION OF THE PREMISES The property shall be conveyed in "as-is" condition, subject to the present manner of use and occupancy of the Property. The Buyer acknowledges that Buyer has not been influenced to enter this transaction by, nor has it relied upon, any warranties or representations of the Receiver or the Auctioneer not set forth or incorporated in this Memorandum. 10. BUYER'S DEFAULT; DAMAGES If the Buyer shall fail to fulfill the Buyer's agreements herein, all deposits made hereunder by the Buyer shall be retained by the Receiver and the Buyer shall reimburse the Receiver for all costs and expenses incurred by the Receiver, in excess of the amount of the deposit, due to the Buyer's default, including the costs and expenses of subsequent sales of the Property or any portion thereof and attorneys' and auctioneers' fees in connection therewith. The Receiver shall also be free to sell the Property to the second highest bidder at the public auction in accordance with the terms announced at the public auction. 11. DEED STAMPS AND RECORDING FEES Buyer shall pay for and cancel for the benefit of the Receiver, the excise tax stamps required to be affixed to the Receiver's Deed by the law of the Commonwealth of Massachusetts. The Buyer shall pay all recording fees in connection with the transfer of the Property. 12. CONSTRUCTION OF AGREEMENT This instrument, executed in triplicate, is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both the Receiver and the Buyer. If two or more persons are named herein as Buyer, their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this memorandum or to be used in determining the intent of the parties to it. IN WITNESS WHEREOF, the parties have executed this Memorandum as a sealed instrument as of the date first written above. Avatar Properties, a division of Avatar Financial Services, Inc. By: K. James`R. St. Jean Auctioneers B yer(sp� VERIFY THF AUTHENTICITY OFTHIS MULThTONE.SECURITY DOCUMENT > CHECK BACKGROUND AREACHANGES COLOR GRADUALLY FROM TOP TO.BOTTOM' ¢ 2owg,.�we.44mfR:+oc�oferce+ oert ;N �+ 3 2 6 5 PgR7 OF„THS SATafTAN�D�R;"dW6 -p QF %- 1 \ � I— .......... i Memca co ,$ **'965,000 ,00 0s/20/20a 8 x L`' Oranch: 0864 void 'If Amount Over $ * ** *5,000_00 `,PAY TO THE DE ORR OF 'JOSEPH J 6ARTOLOTTA JR Drawer overeign NA,—, n4p DA 4WEE: SOVEREIGN BANK,N.A. ISSUED BY: SOVEREIGN BANK,N.A. AUTkiOFIZED SIGNATkI , 11' 232625711• t:0110751501: 9850093688911' VERIFY THEAUTHENTICJTY OFTHIS MULTI-TONE SECURITY D57. OCUMENT CHECK BACKGROUND AREA CHANGES COLOR GRADUALLY FROM TOP TO.BOTTOM — � % �e...c?m+a-�+m€••Liv wo. ` \ PA12 OI'l HEsgt Y/Ai b'ER'Gi$.OI�P ,1"l6lrto 00* 6 Branch_ 0864 Void I Amount Over $ **** * *5,000_00 -"PAY TO THE � ORDER OF ,Drawer, oVerelgn•Bank,N.'A: JOSEPH J BARTOLOTTA JR DRAWEE: SOVEREIGN BANK,N.A. ISSUED BY: SOVEREIGN BANK,N.A. `- •AUTHORIZED SIGNAT E/ 11' 23 26 25811' 1:0 11075 15011: 9850093688911• S.JC•UF:,i+-:'.. ...�:v _ Y � CrlLtiliSE i,riEcr. 'pi?E: v — --- --= Di.:rao'i�:dhi rE's:ars�';,n?P eeuJ'e'nils unit; nc�Nnr v+'mrrsrNi F'i;rJi'�P.- --_.---_. .CLI!W'i HIS IJNE ..�AJirri.)RY E,'Kh F,rJD;)F;iCfdc:M` � y ..----. JLSPraSiiOr11'P..AN::E'dUOR.SLfd�:VT—___._ Ff�,ase ioak for the i0tlow4ig i}cditlonai checlr sacvrr?y^ ,I N1eN€6-ICfJK v'DY:IiG}gttUY✓tff;.?dfJ'ti!)f7,^.,t Check s cuti(y ieatfJfeS tic Ave aCCejJrtlnU tt71s dncumesft: fF N:17 I ` fe 3tl.nq.s'bcdort•!:c:CE:i rti.?rr i17%3 r76C:Srrt�sr J. Ir-rl•.rtl i�t?ESENT,DO Ne T NEGOT IATF TH nOCUMENT 00 1'4i;£ttEGOT'WrE-1~t-ir:boc—htiiaw � Mlcroprintincq-tinder magnifica it ha sic natarE line on the t` kik%-4" -fG)-unser fnn''nilicainr;,ihc!-ign-:kIre iir,r.-, A sl;-a n flopt 4f tHS ChiBCi Sh LII' `'� h ;R mv,i of 'o .i iu�IG G _RrIGr APIIihA"_ r,.l. L;lili;r511C"Si?:F/1Ff(;;r�rer;n/tiKrJS' 9 ? Laid Linvs on illC hack of check srould he in aiignment cr t j`Lafci Uses on;;.e.Uar:";ii r,;;yt.k;,;hot.ilr.!be I'I_fierinerit or E tha ah5c1:is net oulfwmt.n,-';uatclt'io, W :;te E N;e r;!i I 'c .end'.d �;._not n;;,y r. 9u-di' r 18.0 t /:Watermark is presant Ind is vle•vi able.at.an anglQ,., ``/IENM-rhi"iii 2n RflrJh?, E A C3)erniral Vold BiwRGh -f-lir;den iridin^ d st wnaic tE Vn; hie � Jo ars ,uai voids s Er y 1 Bch -i;irirJ,.r tri=lingo Voir.• t 9ncorporated into the face of salei.y'paper,which Vail;appear iccorprrai'i>C intr,the f:al-e of siifely pini a whit-'-h will appear I yellow when alterstlons are attempted with bleach. vtl low when altoraiji-ins r3rr r',f.?ernp4ed;n'it1 blew:r;. t hermochrcrttic Inst-So`Je?e{ I v °?'h'a s �I,..,; f,_ y'r wank lobo 011 h1Gir . , -no_.:•_I ia:l:;� ,:e,•.re_-reran, ^ I yank to %.:::ri caste. of shark i:.,.a s t ,,,a :J c_ n:nl five,.o ,c r'�r!';en haat i<_:applie i cf;;hlacl�. (�.. i r CoRYS-ir-,Gapiure-void,)a..gRrn on trent it-,L�uie;i. {' '=o4'ry.^e::G2ta`:a;r., .,:oici;,attr;rn on r r;nr'ir r.aiji6d Le�Padlock design is a cef li9icaflof?mark of Chflck Paymont System.l Asseclailon 1i71 'si1r,is r,cr;riilielltar;mark ni i;t,P r pt;y tlen9 5yyierrrs AssrJGlafir)n *FEDERAL RESERVE BANS{AEGU ATION CIC "'FEDERAL MC-$LEAVE BANK REGULATION CC EXHIBIT F U.S. Department of Housing OMB No.2502-0265 A. Settlement Statement and Urban Development B.Type of Loan:I. ❑FHA 2• ❑FmHA 3.El Conv.Unins.4. .0 VA 5. ❑Cony.Ins 6.File Number 7.Loan Number 8.Mortgage Insurance Case Number B1090D C.NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked"(p.o,c.)" were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D. NAME AND ADDRESS OF BORROWER: Utopia Remodeling Group,LLC 35 Campion Road,North Andover,Massachusetts 01845 E. NAME AND ADDRESS OF SELLER: Avatar Properties,a division of Avatar Financial Services,Inc. 163 Main Street,Suite 201,Salem,New Hampshire 03079 F. NAME AND ADDRESS OF LENDER: G. PROPERTY LOCATION: 119 High Street,North Andover Massachusetts 01845 H. SETTLEMENT AGENT: Copani,Tarlow&Cranney,265 Broadway Methuen, MA 01844• PLACE OF SETTLEMENT: 265 Broadyva ,Methuen Massachusetts 01844 L SETTLEMENT DATE: I September 18,2013 DISBURSEMENT DATE: September 18,2013 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100.GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER: 101.Contract sales price $235,000.00 401.Contract sales price $235,000.00 102.Personal property 402.Personal property 103.Settlement charges to borrower(from Line 1400) $3,29935 403. 104. 404. 105. 405. -- ADJUS IMEN'TS FOR ITEMS PAID BY SELLER IN ADVANCE: ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:...)" 106.City/town taxes to 406.City/town taxes to 107.County taxes to 407.County taxes to 108.Assessments to 408.Assessments to 109. 409. 110. 410. Ill. .411. 112. 412, 120.GROSS AMOUNT DUE FROM BORROWER: 5238,29935 420.GROSS AMOUNT DUE TO SELLER: $235,000:00 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER: $00.REDUCTIONS IN AMOUNT DUE TO SELLER: 201.Deposit or earnest money $10,000.00 501.Excess deposit(see instructions) $10,00Q:OU 202.Principal amount of new loan(s) $0.00 502.Settlement charges to seller(Line 1400) 203.Existing loan(s)taken subject to 503.Existing loan(s)taken subject to 204. 504. 205. 505. 206. 506. 207. 507. 208. 508. 209. 509. ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: - 210.City/town taxes to 510:City/town taxes to 211.County taxes to 511.County taxes to 212.Assessments to 512.Assessments to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 51'9. 220.TOTAL.PAID BY/FOR BORROWER $10,000.00 520.TOTAL REDUCTIONS AMOUNT DUE SELLER: $10,009:�►p 300.CASH AT SETTLEMENT FROM/TO BORROWER: 600.CASH AT SETTLEMENT TO/FROM SELLER: 301.Gross amount due from borrower(Line 120) $238,29935 601:Gross amount due to seller(Lime 420) $235,000,00 302.Less amount paid by/for borrower(Line 220) $10,000.00 602.Less reductions in amount due.seller(Lime 520) $10,000.00 303.CASH(From/Te)Borrower $228,29935 603.CASH(FPGWTo)Seller $225,000.00 We,the undersigned,identified in Section D'hereof and Seller in Section E hereot;hereby acknowledge receipt of this completed Settlement Statement on September 2013. SELLERS} orway,Jr,President andTreasurer BORROWER(S) Bartolotta,J , anger JIj�Yp. 4211 r. L. SETTLEMENT CHARGES 700.TOTAL SALESIBROKERAGE COMMISSION-BASED ON PRICE:$235,000.00 0.00%_ Paid From Paid From., DIVISION OF COMMISSION INE 700 AS FOLLOWS: .Borrower's Seller's 701, to Funds at Finadsst` 702. to Settlement Settlement 703.Commission paid at Settlement 704. 800.ITEMS PAYABLE IN CONNECTION WITH LOAN: 801.Loan Ori 'nation Fee 0.0000% to 802.Loan Discount 0.0000% to 803.Appraisal Fee to 804.Credit Report to 805.Processing Fee to 806.Underwriting Fee to 807.Tax Service Fee to 808.Flood Cert Fee to 809. to 810. to 811, to 812. to 813. to 814. to 815. to 816, to _ 900.ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE: 901.Interest from 09/18/13 to 10/01113 at $0.0000/D 13 day(s) 9.02.Mortgage Insurance Premium for 0 Months to 903.Hazard Insurance Premium for 0 Years to 904. 0 Years to 905. to 1000.RESERVES DEPOSITED WITH LENDER: 1001.Hazard Ins 0 months at per month to 1002.Mortgage Ins 0 months at per month to 1003.City Tax 0 months at per month to City/rowu of North Andover, 10%.County Tax 0 months at per month to 1005.Assessments 0 months at per month to 1006. 0 months at per month to 1007. 0 months at per month to . 1008.Aggregate Adjustment $0.00 1100.TITLE CHARGES: 1101.Settlement or closing fee to Co ani,Tarlow&Cramney $575.00 1102.Abstract or title search to Copani,Tarlow&Cranuey 5225.00 1103.Title examination to 1104.Title insurance binder to 1105.Document preparation to 1106 Notary fees to 1107.Attorneys fees to (includes above item numbers: ) 1108.Title Insurance to Old Republic National Title Insurance Company $857 75 (includes above item numbers: ) 1109.Lender's coverage *None* @ $600.43 to Anthony A.Copani 1110.Owner's coverage $235,000.00 Q $857.75 $25732 to Old Republic National Title Insurance 1111.Obtain Municipal Lien Certificate to Town of North Andover $50.00 1112. to •1113. to .1200.GOVERNMENT RECORDING AND TRANSFER CHARGES: 1201.E2VrdiM fees: Deed $125.00 Mortgage Releases$1 SO 46 $275.00 - 1202.City/county tax/stamps: Deed Mortgage: --- 1203.State tax/stamps: Deed $1,071.60 Mortgage: $1,071.60 1204.Record MLC to Registry of Deeds. $65.00 1205. to 1300.ADDITIONAL SETTLEMENT CHARGES: 1301.P1ot Plan to Merrimack Engineering $130.00 1302.Courier and Record to DJT Recording Services,Inc. $50.00 1303. to 1304. to 1305. to 1306. to 1307. to 1308. to 1400.TOTAL SETTLEMENT CHARGES(Enter on Line 103,Sec.J-and-Line 502,Sec.IC) 53,29935 We,the undersigned,identified in Section D hereof and Seller in Section E hereof,hereby acknowledge receipt of this completed Settlement Statement(Pages I and 2)on September 18,2013'` SELLER(S) ,15cl�omy,Jr.,President and Treasurer -.-"-, BORROWER(S) artolotta,J , anagcr The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cane the funds to be disbursed in accordance with this statement�:" Settlement Agent Date: 01986.2013 Standard Solations,Inc.781324-0550 ResffMW. ANTHONY AEXHIBIT.G 18194 .,COPANI :m of ATTORNEY AT LAW !Vw,ENCI AND' MASS.IOLTA ACCOUNT NemN�run 265 BROADWAY 54-185.114 METHUEN,MA 01844-3023 9/18/2013 (978)686-0010 PAY TO THE Avatar Properties, a division of Avatar Financial Services, Inc ORDER O $ **225,000.00 F ra a Two Hundred Twenty-Five Thousand Only"****..***.***rt*.****..*******.**.*****.*******.*..****.********.*********.***************** DOLLARS -' N MEMO Bartolotta 61090D AUTHORIZED SIGNATURE 1110 Z 8 194111 1:0 1140 L8501: 20S 166 211' m, 1NTHONY.A. COPANI TTORNEY AT LAW 18194 Ass.IOLTALfTroperties, a division of Avatar Financial Services, Inc 9/18/2013 Bartolotta B1090D/B1090D 603 Cash to Seller 225,000.00 BANK OF NE Bartolotta B1090D 225,000.00 i I I i i I I i I I I i P;� FLAGSHIP Innovate I Print I Distri ut� f plo d�'� V 02 c ( 1 ( (( AW Z M • .:•:. mmunicate with Confidence. • , Flagship Drive, North Andover, MA 01845 '33.1520 T978.975.3100 F978.975.0635 www.flagshippress.com DAVID M. TROVATO, J.D., LL.M ATTORNEY AT LAW AUG 0 5 2013 THE WILLOWS PROFESSIONAL PARK 809 TURNPIKE STREET TOWN OF NORTH ANDOVER NORTH ANDOVER,MA 01845 HEALTH DEPARTMENT NEW HAMPSHIRE AND TEL:(978)688-9091 MASSACHUSETTS BAR FAx:(978)688-7081 RECEIVER'S SALE OF REAL ESTATE July 30, 2013 The North Andover Health Department Town of North Andover Community Development and Services Division 1600 Osgood Street North Andover, MA 01845 VIA CERTIFIED MAIL Re: 119 High Street,North Andover, MA 01845 To Whom It May Concern: , . You are hereby notifed, Pursuant to Massachusetts General Laws Chapter 111, §1271 and order of the Northeast Housing Court of the intention of Avatar Properties, a division of Avatar Financial Services, Inc., on or after August 20, 2013 at 11:00 A.M., to sell at public auction for the purpose of satisfying the Receiver's Lien dated September 12, 2012 and recorded with the Essex North District Registry of Deeds at Book 13116, Page 106. Yours truly, Avatar Properties, a Division of Avatar Financial Services, Inc. by its attorney David M. Trovato, Attorney at Law by. D d M. rova o yl Enclosed: Receiver's Sale of Real Estate RECEIVER'S SALE OF REAL ESTATE AT PUBLIC AUCTION PURSUANT TO MASSACHUSETTS GENERAL LAWS c. 111, sec. 127I By virtue of an Order of the Northeast Housing Court dated July 11, 2013 (Docket: No. 12-CV-00067) in favor of Avatar Properties, a division of Avatar Financial Services Inc., Receiver, and against Charles Camirand and Sud'na Camirand, establishing a lien under G.L. c. 111 sec 127I on the real estate known as 119 High Street, North Andover, Massachusetts, for the purpose of satisfying such lien, real estate will be sold at public auction at 11:00 o'clock A.M. on the 20th day of August, 2013, on the premises hereinafter described, all and singular theP remises described in a deed. To wit: Property Address: 119 High Street, North Andover, MA 01845 The following two parcels of land situated on High Street,North Andover, Massachusetts. FIRST PARCEL: A certain parcel of land with the buildings thereon, situated in North Andover, in said County, and being lot numbered seven (7) on the Charles 0. Baker Plan of Lots of Land,recorded with North Essex Registry of Deeds as Plan No. 0326. Said Lot#7 is more particularly bounded and described as follows: Northerly by land now or formerly of Abbott Prescott; Easterly Fifty and 8/10 (50.8) feet by Lot#10, as shown on said plan; Southerly One Hundred Thirty-Eight (13 8) feet by Lot#6, as shown on said plan; and Westerly Fifty-Seven and 85/100 (57.85) feet by High Street, Containing 7,547 square feet according to said plan. SECOND PARCEL: A certain parcel of land on the easterly side of High Street, North Andover, Essex County,Massachusetts shown as Parcel "A"on a plan entitled "Plan of Land in North Andover, MA prepared for R.S. Wilde by Northern Associates, Inc.: dated October 7, 1993 recorded N.E.R.D. Plan 412361. Said Parcel "A" is more particularly described as follows: Westerly by High Street, 20.00 feet; Northerly by other land of Nancy Melvin, 180.36 feet; Easterly by land now or formerly of Finnochiaro, 20 feet; Southerly by land now or formerly of Finnochiaro and by land now or formerly of Wilde, a total of 180.36 feet. Containing 3,605 square feet, according to said plan. Being the same premises conveyed to me by deed of Ralph Wilde, Jr. a.k.a Ralph S. Wilde, and Amt Wilde, dated June 28, 2002 and recorded with the Essex North District Registry of Deeds in Book 6918, Page 159. TERMS OF SALE: A deposit of$10,000.00 shall be paid by the purchaser in cash, certified, cashier's or bank check at the time and place of the auction sale. The balance of the purchase price is to be paid in cash, or by certified, cashier's or bank check at the office of David M. Trovato, Attorney at Law, 809 Turnpike Street, North Andover, Massachusetts, 01845 within thirty (30) days from the date of sale. Deed will be provided to the purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said deed shall control in the event of an error in the publication. Other terms to be announced at the sale. Dated: July 18, 2013 Avatar Properties, a division of Avatar Financial Services, Inc. By its attorney D rd M. 'rovato 809 Turnpike Street North Andover, Massachusetts 01845 (978) 688-9091 10/4/11-Complaint by renter to Health Dept 10/25/11-Order Letter sent to out of state owner 10/6/11—inspection done by Michele Grant 10/25/11—order letter sent to owner Response sent to Health Department from owner regarding order letter(no date listed, refer to file) 10/28/11—Letter sent to owner from building inspector regarding illegal apartment 11/7 11—email received from owner requesting extension 11/8/11—letter sent to owner regarding 5 day extension 11/9/11—Email sent to owner regarding 5 day extension 11/14/11—email conversation with M.Grant re: extension progress(see file) 11/16/11-Call received from Louis Gambardella,Attorney, saying they represent owner(see email) 11/22/11—letter received from Louis Gambardella,attorney,formally requesting another extension Months of extensions/conversations and no action by owner 3/23/12 - Health Dept filed in housing court. Certified letter sent to owner, returned unclaimed 3/26/12—Michele Grant spoke with Louis Gambardella and he stated that he has received the letter from the housing court. Louis Gambardella emailed health department stating he had not been retained by the owner to represent them in court action. (see email) 4/3/12—letter received from Law Office of Lynne A. Saben, attorney, stating she is representing Mrs. Camirand (see letter) 4/5/12—motion hearing at Northeast Housing Court 4/19/12—agreement to continue 4/26/12 - Judge approved request for Receiver August 2012—Receiver pulled Building permit to convert house to single family and do repairs We signed off on the work sometime this spring. 12/10/12—letter of compliance mailed to owner, returned to sender, unable to forward 12/14/12—agreement to continue set for June 13, 2013 for receivership May 30, 2013 - Request to court to allow foreclosure by receiver—approved—owner apparently made no effort to pay for repairs. 6/13/13—agreement to continue 7/11/13-Confirmatory Hearing for receiver 7/16/13—Receivership granted the right to foreclose on lien 9/5/13—Notice of review scheduled nA -M-k a55 cc Kojn , recnc�� n�sn �.��'v` VY\WAVA N�,v� �vA% �3 O-D ko5s1 � G 'CC; Camirand, Charles 101 Shiloh Street Branson MO 65616 Trovato, Esq., David M 809 Turnpike Street North Andover MA 01845 Saben, Esq., Lynne A. Law Office of Lynne A. Saben 143 Essex Street Suite 207 Haverhill MA 01832 RECEIVED 3UL 17 2013 TOHqOF NORTH ANDOVER TH DEPARTMENT I North Andover Health Dept. Michele Grant 1600 Osgood Street North Andover, MA 01845 Commonwealth of Massachusetts Housing Court Department Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence, MA 01840 (978)689-7833 Susan M Trippi Hon. David D Kerman Clerk Magistrate First Justice Re: North Andover Health Dept. Date: July 16, 2013 Vs: Charles Camirand et al No: 12H77CV000067 Notice of Review The above case will be called for Review: Date: 09/05/2013 Time: 02:00 PM Courtroom: Lawrence Session Session/ Location: Northeast Housing Court Fenton Judicial Center, 2nd floor 2 Appleton Street Courtroom 3 Lawrence, MA 01840 Susan M Trippi Clerk - Magistrate nos II 1 HOUSING COURT DEPT. NORTHEA SERN PI VISIOt, 13 XL -3 PH 3: 00 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS NORTHEAST HOUSING COURT DOCKET#12-CV-00067 M AVATAR PROPERTIES, A DIVISION OF AVATAR FINANCIAL SERVICES, INC., RECEIVER, FOR NORTH ANDOVER HEALTH DEPARTMENT Plaintiff V. CHARLES CAMIRAND and SUDHA CAMIRAND, Defendants CONFIRMATORY MOTION OF THE RECEIVER TO FORECLOSE ON ITS LIEN NOW COMES, Avatar Properties, A Division of Avatar Financial Services, Inc. the Court appointed Receiver, by and through its attorney, David M. Trovato, and moves pursuant to M.G.L. c. 111, Sec. 127I and the general equitable powers of this Court for an ' Order that the Receiver may foreclose on its lien at a public auction for the property located at 119 High Street, North Andover, Massachusetts and extending the Receivership until the completion of the foreclosure sale,.and the filing of a final accounting with this Court, and an Order discharging the Receiver. In support thereof, your Receiver, Avatar Properties, a Division of Avatar Financial Services, Inc. states 1. That it has established a lien pursuant to G. L. c. 111, Sec. 127I in the amount of --$64,508.44, exclusive of the costs of the foreclosure and other after acquired costs and expenses; 2. That your Receiver has previously received an order by this Court dated May 30, -� 2013 allowing the Receiver to foreclose on its Lien; DAVID M. TROVATO, J.D., LL.M. ATTORNEY AT LAW THE WILLOWS PROFESSIONAL PARK 809 TURNPIKE STREET NORTH ANDOVER,MA 01 845 NEW HAMPSHIRE AND moA-coo MASSACHUSETTS BAR rF } ��5�� U8 2013 anal- NORTH ANDOVER DEPARTMENT July 2, 2013 Clerk-Magistrate Northeast Division Housing Court Department Fenton Judicial Center 2. Appleton Street Lawrence, MA 01840 Re: North Andover Health Department, Avatar Properties, a Division of Avatar Financial Services, Inc., Receiver v. Charles Camirand and Sudha Camirand Docket No. #12-CV-00067 Dear Clerk: Enclosed herewith please find my Appearance on behalf of the Receiver, Avatar Properties, a Division of Avatar Financial Services, Inc. and Confirmatory Motion of the Receiver to Foreclose on.its Lien, both for filing in the above-entitled matter. Please schedule a hearing on the Confirmatory Motion of the Receiver to Foreclose on its Lien for Thursday, July 11, 2013 at 2:00 P.M. Should you have a question regarding this matter,please feel free to contact me. Yours , .* 01 avid . Trovato DMT/moh Encls. cc: Charles Camirand, Sudha Camirand, Attorney Lynne A. Saben, Wells Fargo Bank, N.A., &North Andover Health Department Y J COMMONWEALTH OF MASSACHUSETTS ESSEX, SS NORTHEAST HOUSING COURT DOCKET#12-CV-00067 AVATAR PROPERTIES, A DIVISION OF AVATAR FINANCIAL SERVICES, INC., RECEIVER, FOR NORTH ANDOVER HEALTH DEPARTMENT Plaintiff V. CHARLES CAME AND and SUDHA CAMIRAND, Defendants NOTICE OF APPEARANCE To Clerk Magistrate: Please enter my appearance as attorney for the Plaintiff/Receiver, Avatar Properties, a Division of Avatar Financial Services, Inc., in the above-entitled proceeding. Dated: July 2, 2013 David M. Trovato The Willows Office Park 809 Turnpike Street North Andover, MA 01845 Tel. (978) 688-9091 Fax (978) 688-7081 BBO # 542785 Y w CERTIFICATE OF COMPLIANCE I, David M. Trovato, hereby certify that I have this day furnished the within Confirmatory Motion Of The Receiver to Foreclose On Its Lien to Charles Camirand, 101 Shiloh Streen, Branson, MO 65616; Sudha Camirand, 119 High Street, North Andover, MA 01845; Attorney Lynne A. Saben, Attorney for Sudha Camirand, Law Office of Lynne Saben, 143 Essex Street, Suite 207, Haverhill, MA 01832; Wells Fargo Bank, N. A., 1 Home Campus, Des Moines, IA 50328; and The North Andover Health Department, Town of North Andover, Community Development and Services Division, 1600 Osgood Street, North Andover, MA 01845, by mailing a copy of the same by first class mail,postage prepaid. Dated: July 2, 2013 By- David M. Trovato COMMONWEALTH OF MASSACHUSETTS ESSEX, SS NORTHEAST HOUSING COURT DOCKET#12-CV-00067 AVATAR PROPERTIES, A DIVISION OF AVATAR FINANCIAL SERVICES, INC., RECEIVER, FOR NORTH ANDOVER HEALTH DEPARTMENT Plaintiff V. CHARLES CAMIRAND and SUDHA CAMI AND, Defendants CONFIRMATORY MOTION OF THE RECEIVER TO FORECLOSE ON ITS LIEN NOW COMES, Avatar Properties, A Division of Avatar Financial Services Inc. the p , Court appointed Receiver, by and through its attorney, David M. Trovato, and moves pursuant to M.G.L. c. 111, Sec. 127I and the general equitable powers of this Court for an Order that the Receiver may foreclose on its lien at a public auction for the property located at 119 High Street,North Andover, Massachusetts and extending the Receivership until the completion of the foreclosure sale, and the filing of a final accounting with this Court, and an Order discharging the Receiver. In support thereof, your Receiver, Avatar Properties, a Division of Avatar Financial Services, Inc. states 1. That it has established a lien pursuant to G. L. c. 111, Sec. 127I in the amount of $64,508.44, exclusive of the costs of the foreclosure and other after acquired costs and expenses; 2. That your Receiver has previously received an order by this Court dated May 30, 2013 allowing the Receiver to foreclose on its Lien; 3. That through accident, mistake or misfortune, it does not appear that all interested parties were given timely notice of the Motion of the Receiver to Foreclose On Its Lien; 4. That the Receiver proposes that disbursement of funds recovered from the sale occur in the following order of priority: a. All municipal liens as required by G. L. c. 111, Sec. 1271 to be paid by the purchaser of the real estate at auction. b. The costs of foreclosure on the Receiver's Lien c. The costs of Receivership in the lien referred to above d. Any additional expense of the Receiver not included in the lien or acquired after e. Secured mortgage holders f. Deeded property owners; and 5. That after foreclosure on the Receiver's Lien, the Receiver will file a final accounting report with this Court. WHEREFORE, your Receiver requests that this Honorable Court: A. Allow the Receiver to foreclose on its lien at public auction; B. Confirm its order of May 30, 2013 previously allowing application of the Receiver to foreclose its lien at public auction; C. Allow that the signature of your Receiver, Avatar Properties, A Division of Avatar Financial Services, Inc. is sufficient to convey the real estate described in the within Motion, namely, 119 High Street,North Andover, Massachusetts to execute such conveyance of the possessed property to vest title in the Receiver or in the purchaser of such property; D. Should public auction not bring enough funds to pay the Town of North Andover and the Receiver, Avatar Properties, A Division of Avatar Financial Services, Inc. inclusive of legal fees and costs, the Receiver is authorized to sell the property to Avatar Properties, A Division of Avatar Financial Services, Inc. for amounts due to the Town of North Andover; costs due the Receiver, legal fees of the Receiver and any costs of sale incurred by the Receiver; and E. For such other relief as may be just. Avatar Properties, a Division of Avatar Properties, Inc. Receiver By Its Attorney A Dated: July 2, 2013 O'ba id M. trovato The Willows Office Park 809 Turnpike Street North Andover, MA 01845 I Tel. (978) 688-9091 Fax (978) 688-7081 BBO# 542785 CERTIFICATE OF SERVICE I, David M. Trovato, hereby certify that I have this day furnished the within Confirmatory Motion Of The Receiver to Foreclose On Its Lien to Charles Camirand, 101 Shiloh Streen, Branson, MO 65616; Sudha Camirand, 119 High Street, North Andover, MA 01845; Attorney Lynne A. Saben, Attorney for Sudha Camirand, Law Office of Lynne Saben, 143 Essex Street, Suite 207, Haverhill, MA 01832; Wells Fargo Bank, N. A., 1 Home Campus, Des Moines, IA 50328; and The North Andover Health Department, Town of North Andover, Community Development and Services Division, 1600 Osgood Street, North Andover, MA 01845, by mailing a copy of the same by first class mail, postage prepaid. 0 Dated: July 2, 2013 By_ David M. Trovato Pis � � � w �:I e �� w 1 Avatar Properties A Division of Avatar Financial Services,Inc. RECEIVED r SAY 2 8 2013 May 23, 2013 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Clerk of Courts Northeast Housing Court 2 Appleton Street Lawrence, MA 01 840 Re. Town of North Andover vs. Charles Camirand and Sudg a Camirand Case Number 12-CV-0067 Dear Clerk, Please schedule the above case to be heard in the Northeast Housing Court; Lawrence division on Thursday, May 30"' 20 13 at 2:00 pm. Should you have any questions, please feel free to contact our office. Respectfully, AYolur Properties Richard J. Morway 163 Main Street, Suite 201 Salem, NH 03079 Tel: 603-894-6300 Fax: (603) 912-5600 i COM(N1(O W EAULT H( OF MIA\S SA C H(USIETT ESSEX, SS NORTHEAST HOUSING COURT DOCKET#12-CV-0067 NORTH ANDOVER HEALTH DEPARTMENT Plaintiff V. CHARLES CAMIRAND and SUDHA CAMIRAND, Defendant MOTION OF THE RECEIVER TO FORECLOSE ON ITS LIEN NOW COMES, Avatar Properties, A Division of Avatar Financial Services, Inc. the Court appointed Receiver, and moves pursuant to M.G.L. c. l 11, Sec. 1271 and the general equitable powers of this Court for an Order that the Receiver may foreclose on its lien at a public auction for the property located at 119 High Street, North Andover, Massachusetts and extending the Receivership until the completion of the foreclosure sale, and the filing of a final accounting with this Court, and an Order discharging the Receiver. In support hereof, your Receiver, Avatar Properties, a Division of Avatar Financial Services, Inc. states that it has established a lien pursuant to G. L. c. 111, Sec. 1271 in the amount of $64,508.44, exclusive of the costs of the foreclosure and other after acquired costs and expenses. The Receiver proposes that disbursement of funds recovered from the sale occur in the following order of priority: 1. The costs of foreclosure on the Receiver's Lien 2. The Costs of Receivership in the lien referred to above 3. Any additional expense of the Receiver not included in the lien or acquired after 4. Secured mortgage holders 5. Deeded property owners After foreclosure on the Receiver's Lien, the Receiver will file a final accounting report with this Court. WHEREFORE,your Receiver requests that this Honorable Court: A. Allow the Receiver to foreclose it's lien at public auction B. Allow the signature of your Receiver, Avatar Properties, A Division of Avatar Financial Services, Inc. be sufficient to convey the real estate described in the within Motion, namely, 119 High Street, North Andover, Massachusetts to execute such conveyance of the possessed property to vest title in the purchaser of such property, or your Receiver. C. Should public auction not bring enough funds to pay the town of North Andover and the Receiver, Avatar Properties, A Division of Avatar Financial Services, Inc. inclusive of legal fees and costs, the Receiver is authorized to sell the property to Avatar Properties, A Division of Avatar Financial Services, Inc. for amounts due to the town of North Andover; costs due the Receiver, legal fees of the Receiver, and any costs of sale incurred by the Receiver; and D. For such other relief as maybe just. Avatar Properties, a Division of Avatar Properties, Inc. Receiver Dated: May 23, 2013 orway, Receiver CERTIFICATE OF SERVICE i Richard Morwa resident of Avatar Financial Services Inc. here y, p b state on oath that 1 Y served a copy of the foregoing upon Charles Camirand 101 Shiloh Street, Branson, MO 65616, Sudha Camirand through her attorney Lynne A. Saben, Law Office of Lynne Saben 143 Essex Street, Suite 207, Haverhill, MA 01832 and the Town of North Andover, C/O The Health Department, Municipal Building, 1600 Osgood Street, North Andover, MA 01845, by first class mail postage prepaid,this 23`d day of May,2013. Dated: May 23, 2013 Richard J. Morway, President Avatar Properties, A Division of Avatar Financial Services, Inc. CC: .Y Camirand,Charles Morway,Richard Saben,Esq.,Lynne A. RECEIVED mck JUN 1 U 2013 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT I� North Andover Health Dept. Michele Grant 1600 Osgood Street North Andover,MA 01845 r� r cCOMMIONW EAVLT H( OF MASSACHUSETTS � A� �O G ESSEX, SS NORTHEAST HOUSING COURT' DOCKET#12-CV-0067 NORTH ANDOVER HEALTH DEPARTMENT 0�.-" Plaintiff CHARLES CAMIRAND and SUDHA CAMIRAND, Defendant MOTION OF THE RECEIVER TO FORECLOSE ON ITS LIEN NOW COMES, Avatar Properties, A Division of Avatar Financial Services, Inc. the Court appointed Receiver, and moves pursuant to M.G.L. c. 111, Sec. 127I and the general equitable powers of this Court for an Order that the Receiver may foreclose on its lien at a public auction . for the property located at 119 High Street, North Andover, Massachusetts and extending the Receivership until the completion of the foreclosure sale, and the filing of a final accounting with this Court, and an Order discharging the Receiver. In support hereof, your Receiver, Avatar Properties, a Division of Avatar Financial Services, Inc. states that it has established a lien pursuant to G. L. c. 111, Sec. 127I in the amount of $64,508.44, exclusive of the costs of the foreclosure and other after acquired costs and expenses. The Receiver proposes that disbursement of funds recovered from the sale occur in the following order of priority: 1. The costs of foreclosure on the Receiver's Lien 2. The Costs of Receivership in the lien referred to above 3. Any additional expense of the Receiver not included in the lien or acquired after 4. Secured mortgage holders S. Deeded property owners S After foreclosure on the Receiver's Lien, the Receiver will file a final accounting report with this Court. S M E A D No. SF11TP UPC 68025 smead.com • Made in USA CYC{c� i MR USED N THS PROD=UK SFI nGSA PROGUM WOOPAMAM yr r y/ ♦ J COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT ' DE Plaintiff - V. - No. Defendant AGREEMENT TO CONTINUE The undersigned parties hereby agree to continue the above case to yli/�� I3 20 /3 , at o' clock. i 4 igne and dated Plaintiff Si ne.d- ai� ated by Plaintiff ' s Attorney Defendant ' s Attorney Housing Specialist Date COPIES (GIVEN) (MAILED ' TO PARTIES ON n 1 Postal pCERTIFIED MAILm RECEIPT p (Domestic Mail Only,No Insurance Coverage Provided) For delivery information visit our website at rl.l nne p . & s1 •tE R'1 �. u Pope $ M IX CertifedFee O W ork °�11 Red PoNo � Po e (Endo' ,tRequlled) p ResWcied DAnye Fee U' r-q (Endorsement Reqireii) ra C M Total Po stage&Fees M C3 no C3 L. -r. •----------------- � 5. 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Internet access to delivery information is not available on mail addressed to APOs and FPOs. Postal ui p D.mestic Maii Only;No Insurance Coverage Provided). fU For delivery information visit our website at www.usps.com& � m � `� � L U M p Cefflki Fee s p edept©ee p Postmark C3 (Endofad\e�_�1twpiir{�ee Weed o f i Here e Restrictr-q (Endorsement flequi rq M Total Postage&Fees $ M10 se -------------------- m ro or PO Box J �'"' Certified Mail Provides: (eSJaAaa)zooz eunr'o0 a W,od Sd ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. SENDFR: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. d by(Printe Mame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. k, )A.Is delivery address different from item 17 Yes 1. Article Addressed to: ' %, If YES,.enter delivery address below: No av*v 13.I 1 ,\ 3. Service Type `-�' UO'� 13 Certified Mail C3 Express Mail ❑Registered ❑Return Receipt for Merchandise J{—►P ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes Article Number (Transfer from service labeq 7003 3110 0003 7309 2056 I Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mai` Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • North Andover Health Department 1600 Osgood Street Building 20; Suite 2035 North Andover, MA 01845 111..,���ill,�I�,I,�I�I�i►���Itll„��1�i�1���i�,�IHI���L�l�l Postal M mCEFftIFIED MAIL. RECEIPT �D o (Domestic For delivery information visit our website at www.usps.cometi Er M � ?a USE Postage l M Certified 40 O Return Redept Postmark (Endorsement Requi Here 0 Restricted Delivery F / r-1 (Endorsement Requi t/ ' M $ Total Postage&Fees Im C3 m ro � �N. �.. U m r ...... of PO Box No. _ city,State,T ] . l (Sl 1 P d �� \ Certified Mail Provides: (.99-8a)aooa 8u°r'ooeeA sd ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement'Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. SENDER: WMPLETE THIS SECTION . ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si ure item 4 if Restricted Delivery is desired. 4 ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No h 0, C rn DEC 12 20JZ n�• 3. Service Type ❑Certified Mail ❑Express Mail 1 ' � IJ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service/abed 7003 3110 0003 7309 2063 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-ClaT.Mail .. Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box ' North Andover Health Department 1600 Osgood Street Building 20; Suite 2035 North Andover, MA 01845 I�til£iiltiii3�5113fiifililiFiilfiiFiii�i{ifili}1��113I F1iF�3f North Andover Health Department 1600 Osgood Street j stig Building 20; Suite 2035 ne 12//1100//201201 2 North Andover,MA 01845 Lcqp - o $05.750 7003 3110 0003 7309 2070 � ZIP 01845 0411-10206376 C&m ( rani �4 �r�nSU n O .%I TE 641 5E 1 00 011 :11 / 3 1 Rt TURN 10 5tNutR UNCLAIMED UNA91-i-m- -TO FORWARD $C: t11,84S1.0571.0 X2721.- :18347- 1.0- 44 i-:- X,.f_...Rrt, COMPLETE •N I COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent I X ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, i or on the front if space permits. 1 i D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No i CIS (U -5 (4 m I ro nd im 5hl ( oh Si , 3. Service Type 7)) I � ❑Certified Mail E3 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransfer from service label) 7 0 0 3 3110 0 3 7309 2 a 7 a ' PS Form 3811,February 2004 - Domestic Return Receipt –— _ P 102595-02-M-1540„ s MD �c North Andover Health Department (ommunity Development Division Letter Of Compliance DATE: December 10,2012 TO OWNER OF RECORD PROPERTY LOCATION Charles Camirand 119 High Street Sudha Camirand North Andover,MA. 01845 101 Shiloh Street Branson,MO. 65616-7716 A Health Department ORDER LETTER dated October 25,2011 was issued to you as owner of record of the property listed above citing violations of the State Sanitary Code,105 CMR 410.000,Minimum Standards of Fitness for Human Habitation. A re-inspection of the property has found that all of the violations noted on the Order Letter have been corrected. The illegal apartment has been gutted and reduced to the studs and 4 walls.The Health Department would like to thank you for your cooperation. S' r ly, Mi ele E.Grant North Andover Health Inspector Xc: File Susan Sawyer,Public Health Inspector Gerald Brown, Inspector of Buildings Richard Morway,Avatar Properties Lt. Fred McCarthy,Fire Department 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorth andovemom • S�T?r"ED�6y6 • North Andover Health Department Community Development Division Letter Of Compliance DATE: December 10,2012 TO OWNER OF RECORD PROPERTY LOCATION Charles Camirand 119 High Street Sudha Camirand North Andover,MA. 01845 101 Shiloh Street Branson, MO. 65616-7716 A Health Department ORDER LETTER dated October 25,2011 was issued to you as owner of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000,Minimum Standards of Fitness for Human Habitation. A re-inspection of the property has found that all of the violations noted on the Order Letter have been corrected. The illegal apartment has been gutted and reduced to the studs and 4 walls. The Health Department would like to thank you for your cooperation. Vele rant North Andover Health Inspector Xc: File Susan Sawyer,Public Health Inspector Gerald Brown,Inspector of Buildings Richard Morway,Avatar Properties Lt. Fred McCarthy,Fire Department 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com CC: y Camirand,Charles Morway,Richard Saben,Esq.,Lynne A. North Andover Health Dept. Michele Grant 1600 Osgood Street North Andover,MA 01845 �Q MONWEALTH OF MASSACHUSETTS ORTHEAST HOUSING COURT Plaintiff - v. - No. IZ -G�� oob� , M SvDt4 M4 L Fk1%R AN,D Defendant ORDER FOR APPOINTMENT OF RECEIVER UNDER GEN.L. c . 11l §1271 It appearing that violations of the sanitary code in property located at 119 LAZIJ, 5fq-4t ISo,r�JA owned by G4►ar(-a e4+Miraol awl 5ucllta Law�irAu� will not be promptly remedied unless a receiver is appointed, and that such appointment is in the best interest of occupants residing in the property, the application under Gen.L. c . 11l §1271 for the appointment of RtwHS Na�_�}go-b y '7y��ics as receiver is allowed. This case shall be further heard at the k&%vrAwe- session of the Northeast Housing Court at C+ ✓ems 3 L h $ JR , at -rwo o' clock .m. <k"v,4 day, 2 20QZ The owner shall forthwith file a list of all mortgagees and lienors, whether or not of record, and all other persons having any financial interest in the property. The plaintiff shall forthwith serve by certified mail copies of this order and of the complaint, motion, and other papers which support it, upon all mortgagees and lienors and others known or believed to have a financial interest in the property. The receiver shall promptly repair the property and maintain it in a safe and healthful condition. The receiver shall have full power to borrow funds and grant security interests or liens on the affected property, to make such contracts as the receiver may deem P P Y. Y necessary. The receiver is authorized and directed to collect all I rents and to apply the rents to payment of any repairs necessary to bring the property into compliance with the sanitary code and to necessary expenses of operation, maintenance, and management of the property, including insurance expenses and reasonable fees of the receiver, then to payment of unpaid taxes, assessments, penalties or interest, and then to any payments due mortgagees and lienors of record. The receiver shall have a lien, effective when recorded in the egistry for the county in which the property is located, with priority over all other liens or mortgages except municipal liens, to secure payment of any costs incurred and repayment of any loans for repair, operation, maintenance or management of the property. The receiver' s lien may be . assigned to lenders for the purpose of securing loans for repair, operation, maintenance or management of the property. The receiver shall not be required to furnish bond or surety, but shall provide proof of suitable liability insurance to be approved by the court . Liability of the receiver shall be limited to the assets and income of the receivership, including proceeds of insurance purchased by the receiver in capacity as receiver. The receiver shall in no instance be personally liable for actions or inactions within the scope of the receiver' s capacity as receiver. No suit shall be brought against the receiver except as approved by the court which appointed the receiver. The receiver shall serve and file with the court and with all parties of record, on a bimonthly basis, an accounting of all funds received by and owed to the receiver, and all funds disbursed. Nothing in this order shall relieve the owner of the property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner, nor shall this appointment suspend any obligation the owner or any other person may have for payment of taxes, of any operating or maintenance expense, or of mortgages or liens, or for repair of the premises . David D. Kerman Associate Justice Dated: Grant, Michele From: Lynne Saben [Isabenlaw@gmail.com] Sent: Thursday, April 26, 2012 1:17 PM To: Grant, Michele Subject: lien holder for 119 High St., North Andover, MA, Camirand Hi Michelle, It appears that the Mortgagee on the property is Mortgage Electronic Systems, Book 10566, Page 256. Originally, it was Homecomings Financial. If you need any further information, please let me know. Thanks. Lynne A. Saben, Esq. Law Office of Lynne A. Saben 143 Essex St., Suite 207 Haverhill, MA 01832 (978)469-0007 Business (978)469-0003 Facsimile Isabenlaw@jzmail.com More information about Attorney Lynne Saben: http://www.linkedin.com/pub/lynne-saben/23/784/16b LEGAL NOTICE This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Any unauthorized dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by return email and delete the original message and all copies of the message and any attachments to it. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:htto://www.sec.state.ma.us/ore/r)reidx.htm. Please consider the environment before printing this email. 1 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS NORTHEAST HOUSING COURT DOCKET# 12-CV-00067 NORTH ANDOVER HEALTH DEPT. Plaintiff V. NOT f"E01111 IP CHARLES CAMIRAND and SUDHA CAMIRAND AMR�0 Defendant y9�z /"P/' /fie/ �-Wo- TOWN OF NORTH ANDOVER HEALTH DEPARTMENT NOW COMES, Avatar Properties, a division of Avatar Financial Services, Inc.,the court appointed receiver, and hereby gives notice that it has been appointed as a receiver for the property located at 119 High Street, North Andover, MA on an petition filed by the North Andover Health Department against the above named Defendants, dated March 23, 2012 and heard by the Northeast Housing Court on April 23, 2012. Pursuant to Massachusetts General Laws Chapter 111 sec. 1271, as amended, the above-named receiver intends to place a lien on said property which may affect your security interest in the property. You have the right to file with the court any objections contesting the receivership and mark same for hearing. April 25,2012 Respectfully Submitted, Avatar Properties, Receiver 14 Stiles Road,#102 Salem,NH 03079 (603)894-6300 CERTIFICATE OF NOTICE I, Richard Morway,president of Avatar Financial Services, Inc.,hereby state on oath that I served a copy of the foregoing upon Charles Camirand 101 Shiloh Street, Branson, MO 65616, Sudha Camirand through her attorney Lynne A. Saben, Law Office of Lynne Saben 143 Essex Street, Suite 207, Haverhill, MA 01832 and the Town of North Andover, C/O The Health Department, Municipal Building, 1600 Osgood Street Street,North Andover, MA 01845,by first class mail postage prepaid,this 25th day of April, 2012. Richard Morway, President 1 C --------------------------------------- I v �- (/Fo Iii,0�-vs ao��s f'lae ra��cc�c�6L a— RECEIVED 04!23!2012 00:44 • ' FFC*1 FAX NO. 6033027087 Apr. 23 2012 68:34AM P2 PROPOSAI, — ----- A Pentucket Companies Z Danville Road, Unit C Plaistow NH 0380-5 0 0 603-382-7880 Telephone 603-382-7887 Fax Date: April 23, 2012 I To: Sue Camirand 119 High Street I� I, d N. Andover MA 01845 I N From►: Mark Lagasse 1 Re: 119 Hi h Street N. Andover MA Proposal is as follo:Afs: Water Filtration seem to be a seasonal or storm related problem, cost to excavate foundation, coat and Install perimeter drain would run approximately $12,000.00 - $15,000.00 k The egress situation is the only possible situation with only 1 side exposed to ground level with a stairway going to t;ie first floor . Windows can be replaced at a cost of approximately$225.00 per window. Other issues can be corrected at an hourly price of$50.00 per hour plus stock THANK YOU FOR THE OPPORTUNITY AND WE LOOK FORWARD TO HEARING FROM YOU SOON! RECEIVE) 04/23/20712 62:44 ,f FR-61111 FAX NO. 6033P327887 7��7 Apr. 23 2612 88:35AM F'3 PentticUt Cunstructioli 2 Danville. Road , Unit C Invoice Plaistow, NH 03865 Date Invoice # 4/23/2012 6130 Bill To For Your Convenience We Accept Sue Calnixand Major Credit Cards and Process F:1119 High Street Payrtaents by Phase N. Andr.ver, MA 01.$45 Call 800.844-9104 to Speak With One of Our Customer Service Representatives Terms Due Date Due on receipt 4/23/2012 Item Description Serviced Amount Fire Alarm Supply and install 4 Batter smoke/CO Alarms with 4/20/2012 240.00 Voice Alarm .Labor Labor-4 Urs. i,$50.00/hour 4/20/2012 200.00 Interest 1,5% after 30 Days.Past Due Annual Total Percent Rate 18% $440.00 Reasonable collection: and attorneys fees will be assessed to all accounts placed for collection. Payments/Credits $0.00 Balance Due $440.00 Phone# Fax# E-mail Web Site 603-382-7850 603-382-7337 info@pentucketcompanies.eom ww'ww,pentucketcompanies-com Grant, Michele From: Richard Morway[r.morway@avatarproperties.net] Sent: Tuesday, April 24, 2012 2:28 PM To: Grant, Michele Subject: RE: 119 High St North Andover Michele, Thanks for getting me this information. I will review it and let you know if there is anything else I might need. I went by the property and met the basement tenant and his daughter. I can smell the dampness in his unit. I told him I would see if I could broker a deal so he could move out and keep what is in escrow. He laughed and said he wanted a lot more than that. He wants to stay until at least July rent free. I told him for his health and the health of his daughter he should move out. He doesn't want to let go of his big payday. I told him I didn't think the payday was worth his daughter's health. He seemed fine with it. I have his attorney's name and phone number. I will see what I can do from my end to encourage him to move. I left a notice for the tenants on the 2nd floor. Clint called me back. I explained I was the receiver and what my duties were. I told him he could contact you or the court to verify my appointment. He thought he should contact the owner. I explained he could do that but regardless of the owners position the house is now in receivership. Apparently they are running a rooming house upstairs. The rooms are advertised on Craig's list. Either the ex-wife or Clint rent the rooms to perspective renters. Each of the guys pays cash to the ex-wife monthly. She in turn sends the money to the husband. It would appear she has collected the rent on more than two occasions. There are currently two vacant rooms and three rented rooms. The rent includes all utilities, washer, dryer, cable TV and internet service. The rental amount varies depending on the room size. I told Clint I would be by on Thursday to have a look at his unit. Did you know the rooms were rented individually? Any thoughts on that? Richard J. Morway 14 Stiles Road, Suite 102 Salem, New Hampshire 03079 T: 603.894.6300 F: 603.912.5600 www.avatarproperties.net -----Original Message----- From: Grant, Michele rmailto:mgrant(@townofnorthandover.coml Sent: Tuesday, April 24, 2012 10:15 AM To: 'r.morway@avatarproperties.net' Subject: FW: 119 High St North Andover Good Morning Richard, Attached, please find much of the information regarding 119 High street, North Andover. Charles Camirand is now, not picking up certified mail being sent to him. However, everything we have sent has also been mailed Regular Mail, as well. Please let me know what else you may need to move this case forward on Thursday. Michele E. Grant Public Health Agent Town of North Andover 1600 Osgood St I Bldg 20 1 Suite 2-36 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mgrant townofnorthandover.com Web www.TownofNorthAndover.com -----Original Message----- From: noreplv(@townofnorthandover.com fmailto:noreply(@townofnorthandover.coml Sent: Tuesday, April 24, 2012 9:42 AM To: Grant, Michele Subject: This E-mail was sent from "RNPOA428C" (Aficio MP C5000). Scan Date: 04.24.2012 09:41:53 (-0400) Queries to: noreplyl@townofnorthandover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 r . i SECTION 4 BUILDINGS AND USES PERMITTED 4.1 District Use Regulations 4.1.1 General Provisions 1. In the zoning districts above specified,the following designated buildings and alterations and extensions thereof and buildings accessory thereto and the following designated uses of land, buildings, or part thereof and uses accessory thereto are permitted. All other buildings and uses are hereby expressly prohibited except uses which are similar in character to the permitted uses shall be treated as requiring a Special Permit(1985/26). 2. When a lot in one ownership is situated in part of the Town of North Andover and in part in an adjacent town or city,the provisions,regulations and restrictions of this Bylaw shall be applied to that portion of such lot as lies in the Town of North Andover in the same manner as if the entire lot were situated therein. 3. When a zoning district boundary divides a lot of record on June 5, 1972 in one ownership, all zoning regulations set forth in this Zoning Bylaw applying to the greater part by area of such lot so divided may, by Special Permit,be deemed to apply and govern at and beyond such zoning district boundary,but only to the extent not more than one hundred(100) linear feet in depth(at right angle to such boundary) into the lesser part by area of such lot so divided. 4. Accessory uses as defined herein, shall be on the same lot with the building of the owner or occupant, and shall be such as not to alter the character of the premises on which they are located nor impair the neighborhood. Where manufacturing of any kind is allowed as an accessory use, it shall be restricted to such light manufacturing as is incidental to a permitted use and where the product is customarily sold on the premises by the producer to the customer. 5. No private pr public(1985/20)way giving access to a building or use or not permitted in a residential district shall be laid out or constructed so as to pass through a residential district. 4.12 Permitted Uses 4.121 Residence 1 District Residence 2 District Residence 3 District 1. One-family dwelling,but not to exceed one dwelling on any one lot. 2. Place of worship. 3. Rooming house,renting rooms for dwelling purposes or furnishing table board to not more than four(4)persons or members of the family resident in a dwelling so used,provided there be no display or advertising on such dwelling or its lot other than a name place or sign not to exceed six (6) inches by twenty-four(24) inches in size, and further provided that no dwelling shall be erected or altered primarily for such use. 4. For use of a dwelling in any residential district or multi-family district for a home occupation,the following conditions shall apply: a. Not more than a total of three(3)people may be employed in the home occupation, one of whom shall be the owner of the home occupation and residing in said dwelling. b. The use is carried on strictly within the principal building; c. There shall be no exterior alterations, accessory buildings, or display which are not customary with residential buildings; d. Not more than twenty five(25)percent of the existing gross floor area of the dwelling unit so used,not to exceed one thousand(1000)square feet, is devoted to such use. In connection 28 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT 12 AF's -5 Ali 11: 06 Plaintiff - V. - No. a�% Defendant AGREEMENT TO CONTINUE The undersigned parties hereby agree. to continue the above case to 20P,,- at 9 o 'clock. gned and d by Plaintiff igned and dated by Defendant la 'ntif ' s t orney De n s Attorn /v- o g e alst Date COPIES (G VEN (MAILED) TO PARTIES ON CO., Camirand, Charles 101 Shiloh Street Branson MO 65616 Camirand, Sudha 101 Shiloh Street Branson MO 65616 Gambardella, Esq., Louis L 600 West Cummings Park Suite 3050 Woburn MA 01801 North Andover Health Dept. Michele Grant 1600 Osgood Street North Andover, MA 01845 1 ' Commonwealth of Massachusetts Housing Court Department Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence, MA 01840 (978)689-7833 Susan M Trippi Hon. David D.Kerman Clerk Magistrate First Justice Re: North Andover Health Dept. Date: March 29, 2012 Vs: Charles Camirand et al No: 12H77CV000067 Notice of Motion Hearing The above case will be called for Motion Hearing: Date: 04/05/2012 Time: 9:00 AM Courtroom: Lawrence Session Session/ Location: Northeast Housing Court Fenton Judicial Center, 2nd floor 2 Appleton Street Courtroom 3 Lawrence, MA 01840 Susan M Trippi Clerk - Magistrate 905 COMMONWEALTH OF MASSACHUSETTS HOUSING COOK j DEP: NORTHEAST HOUSING COURT ''`�IE r� 7 �+ r* acs rF � 1[ ILb0 5-2po Q N&+� �(j Plaintiff r� l - v. - No. �-r- �u L � �� b� De en an VA �eW�e� �-d..�e6� oa ('�terr- e 5 Psir-1 - - ScPi v 5P woburv\ KA MOTION WITH HEARING AT LAWRENCE SESSION The undersigned J;rD hereby moves this Court (_] to continue this case unti [_] to amend [_] to dismiss this case [_] to remove default or dismissal and for relief from judgment and set the case for trial on [_] to stay execution until [_] to issue execution [ ] to order payment of the j gm nwithin [30 days] [ ] (�] other ��� for the following reasons : a This motion will be heard by the Northeast Housing Court at Courtroom 3 , Northeast Housing Cour , 2 Appleton Street, Lawrence, at 9 : 00 o' clock a .m . - hursday, 20 . I (gave) (mailed) copy of this motion on � f to Jinature a d date Name 1000 05��— -5-r• , -te— dd rUIe s s jr/�1J/j� ddress C7 Telephone COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT ESSEX, ss. NO. 12-CV-0067 HEALTH INSPECTOR MICHELE GRANT Plaintiff, ) V. ) COPY CHARLES and SUDHA CAMIRAND, Defendant. ) DEFENDANT SUDHA CAMIRAND'S ANSWER TO THE PLAINTIFF'S VERIFIED COMPLAINT NOW COMES, the Defendant, Sudha Camirand, by and through her attorney, Lynne A. Saben, Esq. and hereby answers the Plaintiff s Complaint as follows: 1. On or about July 17`h, 2008, the Defendant, Charles Camirand and I were divorced at the Essex County Probate and Family Court, Docket No. 08D0300DV 1. 2. At the tune of the Divorce, Charles Camirand was living at 119 High St., North Andover, MA and I was living at 3 Walker Rd., Unit 6, North Andover, MA. 3. Pursuant to the terms of the Divorce Agreement, Charles Camirand was awarded the property at 119 High St. and was given five years to refinance said property in order to remove my name from any encumbrances. See attached Exhibit "A". 4. Charles Camirand was supposed to have a deed drafted at the time of the Divorce so that the property would be transferred to him, individually. 5. Unfortunately, the deed was never drafted and I am now involved in the above captioned lawsuit. 6. I have never entered into any oral or written tenant agreements nor prior to getting served, was I aware of any such agreements that Charles Camirand entered into with any tenants. 7. Other than the documents that have now been served upon me, I have never been informed about any housing violations associated with 119 High St., North Andover, MA. WHEREFORE, it is requested that this Honorable Court, dismiss the Complaint against me, Sudha Camirand. It is further requested that this Honorable Court order any further relief that it deems just and necessary. Respectfully submitted, SU HA CAMIRAND B her tto e Y, ynne R. Saben, BBO 643662 Law Office of Lynne A. Saben 143 Essex St., Suite 207 Haverhill, MA 01832 (978)469-0007 DATED: EXHIBIT "A" M111011- VYI S The valiv ackwimIcage dmi in emcong imo INs &, h,,, Amph of Hwh umabov. 1heir agvshea'11k 9M141t1I 0,CCUPIgIons, SMICH .4 -1cill'o'lid SUS enwh"abdity, wovis, Conduct, fiahihiiv�, ther pet.,,onall and financiia! ncv&'� al HJ the oppinium; funtre acquammi of vipttat J:Wlh Al iDLOIW,' I krk.wr 'iisi-Con";Ocrcu the Convibutions of CA of Ovin m acquillm pruwri stron ai,,d be valuc of dwir assen aw the or fhe panic-!� w. hornri-nakci's ti.'t 1hr tlunni it, 'ISONAl Pa& % and uvmwo to any Anj all perv)flal Inopeny. to hKIMIC the relvchve whymobiS currcntl� u,) ,[jeii C 01 exectur any UK! SOURICph calivey jide jo %,11 0 Ific individual MI POSyMM KWd 41 frons16, any policy of "awame or cm vwge y. REM PSIA IF The phruen ImId mw ulic. ti tei-taws t.� the ejjtoct. . q, -;I] Jound at 1111 h9h SIM N Andover, F��'CX HIC Wlfe SiMil LOUVQ d! of hei right, tide cuid irocrest in said P8'ojw,313% Oed torth )iflr 1w tht: "1")1j("'-! 1111.Rba11:t shall be Achy rcb,pm-;ihle ca iny and J1 cosis associated t4th Wc Laic and imumemyr of sod Imlvay and ani qpd at IMHOWs 1p lot th tot q,1.p Al"Wis bows h0c to 1-'ea l pro rte IoL'atcd Walikvi Ro'jd. Im[ N '\Fldotri Lsm' z; Ounto . klassachnnUN The Mic shWj he w1civ .111,1, all tc5t;a :'Hh SO umv 'wd MaMnamv of w6d mopen, and an'i L'_nd all I hahand hoW wa� ptoporty focoted ai Nt'oiJw1 aiol' %Nt4� I Ialflp11.1.rc Z€ hiih Wdy US M1 We inicrest .1 hl'. Whe Wl WMVe dtli Lel J, 411 (4'LUM JgaMbl NUA ;nNkj,� 1-hzhand And! he sold, [=powiihir f6r 'Invand o][ cos[:' 't;;.mcialed w'oh 1he uld MMMMMUC Elf said propertV JOJ. 01) mid 41 Wldws nuising Iran; wvnerxhir ni wid s Law Office of Lynne A. Saben Quality Legal Services at an Affordable Price. April 3, 2012 Michele Grant, Health Inspector Town of North Andover '1500 Osgood St., Suitc 236 Re: Osgood v. Camirand Docket No. 12-CV-0067 Dear Ms. Grant: Pursuant to our telephone conversation, please be advised that I shall be representing Sudha Camirand. Unfortunately, I am not available at 9:00 a.m. on Thursday, April 5. As such, I have filed a Motion to have this matter heard at 10:30 a.m. Enclosed for your records, is a copy of the Motion and a copy of my Appearance and both documents have been filed with the Court. Also, I want to bring to your attention that Sudha and Charles were divorced in 2008. Pursuant to the ternis of the Divorce Agreement, Charles was awarded the marital home at 119 High St.,North Andover. In addition, there is a clause that indemnifies and holds my client harmless from any and all obligations regarding 119 High St. Attached is a copy of that portion of the Divorce Agreement for your records. Thank you for your attention to this matter and please do not hesitate to contact me with any questions. o rs tr ly rule A. Saben Enclosures cc: Client 143 Essex St.,Suite 207 Tel(978)469-0007 Haverhill,MA 01832 Fax(978)469-0003 lsabenlaw@verizon.net COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT ESSEX, ss. NO. 12-CV-0067 HEALTH INSPECTOR MICHELE GRANT, ) Plaintiff, ) V. ) CHARLES and SUDHA CAMIRAND, ) cony Defendant. ) NOTICE OF APPEARANCE Please enter my appearance for the Defendant, Sudha Camirand. Kindly file accordingly. VLben,�BBB� Law Office of Lynne A. Saben 143 Essex St., Suite 207 Haverhill, MA 01832 (978)469-0007 DATED: ��� — i COMMONWEALTH OF MASSACHUSETTS y HOUSING COURT DEPARTMENT ESSEX, ss. NO. 12-CV-0067 HEALTH INSPECTOR MICHELE GRANT,V. ) Plaintiff, ) cnpQ./ CHARLES and SUDHA CAMIRAND, ) Defendant. ) MOTION TO DELAY HEARING UNTIL 10:30AM NOW COMES, the Defendant, Sudha Camirand, by and through her attorney, Lynne A. Saben, Esq. and respectfully requests that this Honorable Court delay today's Hearing until 10:30 a.m. AS REASON THEREFOR, the Defendant was served with these papers on April 3, 2012. She immediately called her attorney about the matter, but her attorney is not available to appear on this matter until 10:30 a.m. WHEREFORE, it is requested that this Honorable Court delay this matter until 10:30 a.m. Rgpectfully submitted, S #DHA C MIRAND B'f r tto ey, V ynne A. Saben, BBO 6 62 Law Office of Lynne A. Saben 143 Essex St., Suite 207 Haverhill, MA 01832 (978)469-0007 DATED: r� �� LA,i 11131 T ITT, I The ruoties , ji)�.jj ji, enic i11 a ilii Agicewnt, the',, length of Ifmij lVaUMM, €!!citof InLprnc, madi anal 'skills. employability, zo-etsv UWAY, thelF rierSoNal and fiminvuil cic4111e oppirtiltilly 14 cab for S lume acqmwimn 01, J1150 cansithe CuiqdbWA,,g 'jwh of illem IN Acqukilion, pwsurvation and appi,cclilt4q, it) the vziltlt Of their mos. and the ;umunhu"N Of Me Pa rlics a-, hoinrmakeittv, ific IT 2 PERISONAl PRUPFRTY I'llt- ,4iall rM mgW, title :jji�j jilleic-q lo m�, ond all Pemonal mpert.v, to inciade uw respeclitiv alavinoReN etjmmlin ihcir pvsessvum ii pit. anY C10im cd Se other Ica the extent necessary, if agrev to cxectac ml, and d"Vinnew,� necessary to vanivey Nc M "I'01 lwjpevl.4 to 1,110 individual in possesswil, aW tit furtlici WSW any Policy ofinstwtiluce �tr jiko VmCrqC auclidxi! %N41i ovvt)j�j -ShIp Of Mr."if rcspvvllvv Im EA1, PS TE TV pKes lwld nihil 1,tic. as lenan't's by the- elvitel�, ko mfl laliil its, lighe ,taK .,,S , Nwexnry;, Nq ,,urUwlis, FhV NN" fe hall all Of ht" 1`1910, title and Ouercst 4"f P0,v Ifilshand U. tin such wily,nm the Husiband 5hall be milcly rc�pomihjc U mi and all i LSA assonjawl "ith Ole varc and m"tintenywc of Ad p Ind find all Imbilill 00 , - -- /--t��/"r ,;- rrnn -'Wnvrshl it 5:,aal pppervi 3 0 Clio title to re a[ lacaud Ut 3 Walker Romt Urd! 6, N!, Ando"Cr, I.-,'S wx 1�c'INN I I r: 1�'t 11,d s _Q Tbc MQ shWl hl; solely Itspa,gi, p, 4z, with 1110 (:-w mid of said prnpm) and ;3n) anki tjjj 1,,jbjljjj�'s �: tner,*Jlip w said jll'opeml'2 11uI hishand holmj,; Ittle lo 1'e.0 located iii ;10anvhcmcL 10m Hal"Palm. to which dx! WIG Ims ml titin imer'-st" 01V %Vile shall Ivaive any and all nr0aull apin"t, -Lwh ploperl'y' and the Ilmhand Ai ll tic rc,51)mlsihle for any anal all cosia UsNtIculled, vi'till 111C Curc ald MainTC11117 U Of S411d' properq and 4n; and Idl 11abil, Mes ari!Jq,, lnmt"t of !.aid I A t Bk 10475 P9248 -37623 11-03-2006 a1 11 :05a QUITCLAIM DEED C I, Sudha Camirand of North Andover, Essex County, Massachusetts for consideration paid and in full consideration of One Dollar ($1.00) grant to Sudha Camirand and Charles Camirand, husband and wife, tenants by the entirety of 119 High Street, North Andover, Essex County, Massachusetts with quitclaim covenants The following two parcels of land situated on High Street, North Andover, Massachusetts. FIRST PARCEL: A certain parcel of land with the buildings thereon, situated in North Andover, in said County, and being lot numbered seven (7)on the Charles O. Baker Plan of Lots of Land, recorded with North Essex Registry of Deeds as Plan No. 0326. Said Lot#7 is more particularly bounded and described as o follows: b Northerly by land now or formerly of Abbott Prescott; z Easterly fifty and 8110 (50.8)feet by Lot#10, as shown on said plan; 138 feet b Lot#6 as shown on Southerly one hundred thirty-eight ( ) y , said plan; and Westerly fifty-seven and 85/100 (57.85)feet by High Street. x Containing 7547 square feet according to said plan. r., SECOND PARCEL: A certain parcel of land on the easterly side of High Street, North Andover, Essex County, Massachusetts shown as Parcel "A" on a plan entitled "Plan of Land in North Andover, MA prepared for R.S. Wilde by Northern Associates, Inc.: dated October 7, 1993 recorded N.E.R.D. Plan#12361. Said Parcel "A" is more particularly described as follows: w a Westerly by High Street, 20.00 feet; Northerly by other land of Nancy Melvin, 180.36 feet; Easterly by land now or formerly of Finnochiaro, 20.00 feet; Southerly by land now or formerly of Finnochiaro and by land now or formerly of Wilde, a total of 180.36 feet. Containing 3,605 square feet, according to said plan. Being the same premises conveyed to me by deed of Ralph Wilde, Jr., a.k.a Ralph S.Wilde, and Ann Wilde, dated June 28, 2002 and recorded with the Essex North District Registry of Deeds in Book 6918, Page 160. Bk 11063 Pg 32 #3373 < r Exhibit A Legal Description x The following two parcels of land situated on High Street, North Andover, Massachusetts. FIRST PARCEL: A certain parcel of land with the buildings thereon, situated in North Andover, in said County, and being lot numbered seven (7) on the Charles 0. Baker Plan of Lots of Land, recorded with North Essex Registry of Deeds as Plan No. 0326. Said Lot#7 is more particularly bounded and described as follows: Northerly by land now or formerly of Abbott Prescott; Easterly fifty and 8/10 (50.8) feet by Lot#10, as shown on said plan; Southerly one hundred thirty-eight (138)feet by Lot#6, as shown on said plan; and Westerly fifty-seven and 85/100 (57.85) feet by High Street. SECOND PARCEL: A certain parcel of land on the easterly side of High Street, North Andover, Essex County, Massachusetts shown as Parcel "A" on a plan entitled "Plan of Land in North Andover, MA prepared for R.S. Wilde by Northern Associates, Inc.: dated October 7, 1993 recorded N.E.R.D. Plan #12361. Said Parcel "Au is more particularly described as follows: Westerly by High Street, 20.00 feet; Northerly by other land of Nancy Melvin, 180.36 feet; Easterly by land now or formerly of Finnochiaro, 20.00 feet; Southerly by land now or formerly of Finnochiaro and by land now or formerly of Wilde, a total of 180.36 feet. For our title see deed recorded in Book 10475, Page 248. �G ib Bk 10475 Pg 249 #37623 • f " WITNESS my hand and seal this '2- day of , 2006. j Sudha Camirand COMMONWEALTH OF MASSACHUSETTS /Dovey e�- Essex, ss. � , 2006 On this day of Nove-3o-r , 2006, before me, the undersigned notary public, personally appeared, Sudha Camirand, who proved to me through satisfactory evidence of identification, which was [)6Massachusetts Drivers License(s) or[ ] , to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged to me that (he) (she) (they) signed it voluntary for its stated purpose. aryub C �, -a^Lor e �ct My commission expires: 1 t I/6112- i to Glc 11063 Pa 17 :3373 02-12-2008 & 122-20P After Recording Return To: RELIANT MORTGAGE COMPANY, LLC 100 CUMMINGS CENTER STE 303C BEVERLY, MASSACHUSETTS 01915 Loan Number: RMC071201675 Property Address: 119 HIGH STREET NORTH ANDOVER, MASSACHUSETTS 01845 �- [Space Above This Line For Recording Data] �p MORTGAGE MIN: 100234500000079462 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain Hiles regarding the usage of words used in this document are also provided in Section 16. A "Security Instrument"means this document,which is dated FEBRUARY 7, 2008 , together ( ) Y i X with all Riders to this document. bd4 (B) "Borrower"is CHARLES CAMIRAND AND SUDHA CAMIRAND, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETY Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888)679-MERS. (D) "Lender"is RELIANT MORTGAGE COMPANY, LLC Lender is a MASSACHUSETTS LIMITED LIABILITY COMPANY organized and existing under the laws of MASSACHUSETTS Lender's address is 100 CUMMINGS CENTER STE 303C, BEVERLY, MASSACHUSETTS • 01915 (E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 7, 2008 The Note states that Borrower owes Lender TWO HUNDRED SIXTY--EIGHT THOUSAND AND 00/100 Dollars (U.S. $ 268, 000. 0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 1, 2038. „ (F) "Property"means the property that is described below under the heading"Transfer of Rights in the Property. MASSACHUSETTS--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS D"Magic tVWM 800-64e-1362 Form 3022 01/01 Page 1 of 15 www.docmagic.com f Boa t W3022.msm.1.lem �`�r •,, Bk 11063 Pg 29 #3373 v BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. AA,(::j— Seal _ 1s� - -I -- (Seal) HARLE CAMIRAND -Borrower SUDHA CAMIRAND -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower Witness: Witness: �� dN de 1 both MASSACHUSETTS-Single Family–Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS DocMagfc 8x-e49-1362 Form 3022 01/01 Page 13 of 15 www.docmagic.com M&3022.mmL Mem Bk 11063 Pg 30 #3373 [Space Below This Line For Acknowledgment] Commonwealth of Massachusetts County of Essex On this 7th day of February, 2008 , before me, the undersigned notary public, personally appeared CHARLES CAMIRAND AND SUDHA CAMIRAND proved to me through satisfactory evidence of identification,which were driver's license to be the person whose name is signed on the preceding or attached document,and acknowledged to me that(he)(she) signed it voluntarily for its stated purpose. ❑ (as partner.for a corporation) ❑ (as for a corporation) ❑ (as attorney in fact for the principal) ❑ (as for (a) (the) No is Q r 0MM �a r LouiS L. Gambardella Notary Public (Printed Name) �7 qY ��G My commission expires: 11/16/12 (Seg MASSACHUSETTS--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS Docuegict7z=80-649-1362 Form 3022 01/01 Page 14 of 15 www.docmaglc.com M&=2.=vL 14.ten e' Bk 11063 Pg 31 #3373 ❑ No mortgage broker was involved with this Mortgage. ❑ The following mortgage broker was involved with this Mortgage: Name of Mortgage Broker: License No.: Address: ❑ No mortgage loan originator was involved with this Mortgage. ❑ The following mortgage loan originator was involved with this Mortgage: Name of Mortgage Loan Originator: License No.: Address: MASSACHUSETTS--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT-MERS DoWagic tVWM 800-648-1362 Form 3022 01101 Page 15 of 15 www.docmagic.com S C_ {� Ma80MMM.15AM /e ,3_ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete its...s 1,2,dnd 3.Also complete A Signatu I item 4 if Restricted Delivery is desired. X � 13 Agent ■ Print your name and address on the reverse dressee so that we can return the card to you. —B-14eceived by(Printe ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address d,Weem 11 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Seryl6e Type Mortified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. ArticleNumbermm 7004 2510 0001 660.917518: (Transfer from service label i UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISP Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box NORTH ANDOVER HEALTH DEPT. 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 Grant, Michele From: lou@gambardellalaw.com Sent: Monday, March 26, 2012 10:33 AM To: DelleChiaie, Pamela Cc: Grant, Michele; Sawyer, Susan Subject: RE: FW: Order Letter- Housing - 119 High Street, North Andover, MA and Verified Complaint and Affidavit Please be advised that I have not been retained by Mr. or Mrs. Camirand to represent them in this court action I will let you know if anything changes. Thank you. Louis L. Gambardella Law Offices of Louis L. Gambardella 600 West Cummings Park, Suite 3050 Woburn, MA 01801 781-938-0336 781-938-5592 Fax lou@gambardellalaw.com -------- Original Message -------- Subject: FW: Order Letter - Housing - 119 High Street, North Andover, MA and Verified Complaint and Affidavit From: "DelleChiaie, Pamela" <pdellech@townofnorthandover.com> Date: Fri, March 23, 2012 3:05 pm To: "'lou@gambardellalaw.com"' <lou@gambardellalaw.com> Cc: "Grant, Michele" <mgrant@townofnorthandover.com>, "Sawyer, Susan" <ssawyer@townofnorthandover.com> Dear Attorney Gambardella, I am sending the scanned attached a completed Verified Complaint and Affidavit form regarding 119 High Street in North Andover,MA on behalf of Michele Grant,Public Health Agent. This form was filed with the Northeast Housing Court today in Lawrence,MA. Ms. Grant had been unable to reach you through phone or email. Please note that there is a follow-up court appearance to be held next Thursday morning,March 29th. In addition,please note that this document has also been sent certified and regular mail to you,as well as Charles and Sudha Camirand of Branson, MO. If you have any questions,please contact Ms. Grant at this office. Thank you. Pamela DelleChiaie Health Department Town of North Andover 1600 Osgood Street I Bldg. 20 1 Suite 2-36 North Andover, MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email ndellechiaie(abtownofnorthandover.com Web www.TownofNorthAndover.com 1 i r Grant,Aichele To: ccamirand@msn.com Subject: FW: Order Letter- Housing - 119 High Street, North Andover, MA and Verified Complaint and Affidavit Attachments: 20120323142719695.pdf Please see the attachment Michele E.Grant Public Health Agent Town of North Andover 1600 Osgood St I Bldg 20 1 Suite 2-36 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email mgrant@townofnorthandover.com Web www.TownofNorthAndover.com h LJOLLO I Con 1v.!�2 C-ta,-P,V L��- let- 000 �- From: DelleChiaie, Pamela Sent: Monday, March 26, 2012 9:08 AM To: 'JJR.mrh@verizon.net'; 'TRalphallen@yahoo.com' Cc: Grant, Michele Subject: FW: Order Letter - Housing - 119 High Street, North Andover, MA and Verified Complaint and Affidavit Hello, Michele Grant asked me to forward this information to you regarding 119 High Street. Please call the office with any questions you may have. Thank you. Pamela DelleChiaie Health Department Town of North Andover 1600 Osgood Street I Bldg.20 1 Suite 2-36 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email odellechiaie@townofnorthandover.com Web www.TownofNorthAndover.com 1 4 ;E�klF • From: DelleChiaie, Pamela Sent: Friday, March 23, 2012 3:05 PM To: 'lou@gambardellalaw.com' Cc: Grant, Michele; Sawyer, Susan Subject: FW: Order Letter - Housing - 119 High Street, North Andover, MA and Verified Complaint and Affidavit Dear Attorney Gambardella, I am sending the scanned attached a completed Verified Complaint and Affidavit form regarding 119 High Street in North Andover, MA on behalf of Michele Grant,Public Health Agent. This form was filed with the Northeast Housing Court today in Lawrence,MA. Ms. Grant had been unable to reach you through phone or email. Please note that there is a follow-up court appearance to be held next Thursday morning,March 29`h. In addition,please note that this document has also been sent certified and regular mail to you, as well as Charles and Sudha Camirand of Branson,MO. If you have any questions,please contact Ms. Grant at this office. Thank you. Pamela DelleChiaie Health Department Town of North Andover 1600 Osgood Street I Bldg.20 1 Suite 2-36 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email r)dellechiaiePtownofnorthandover.com Web www.TownofNorthAndover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:htt�://www.sec.state.ma.us/ore/preidx.htm. Please consider the environment before printing this email. 2 C(j coQM iomuzierlriceTM r. CERTIFIED MAIL. RECEIPT 0 0 ffl. 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For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. FILE COPY COMMONWEALTH OF MASSACHUSETTS H' USING COURT DEPT NORTHEAST HOUSING COURT 5DI'l`I.`�^K.1z E tP bo QSIrd W r Plaintiff V. - No . A,►,� So &k[A— Cava c na-v-L -- T?�,✓oL-n t (y't, �4 U . U ,6-u naan�� w (eov W h-,v rv-ti i`rt 5 0,i H6- - S LY i q/ I d MOTION WITH HEARING AT LAWRENCE SESSION The undersigned hereby moves this Court [_) to continue this case unti [_] to amend [_] to dismiss this case [_] to remove default or dismissal and for relief from judgment and set the case for trial on [_] to stay execution until [_] to issue execution [ ] to order payment of the j11� gme� n within [30 days] [ ] [ ) other 5e-e. for the following reasons : a This motion will be heard by the Northeast Housing Court at Courtroom 3 , Northeast Housing Cour , 2 Appleton Street , Lawrence, at 9 : 00 o' clock a .m . _ hursday, 20�-L . I (gave) (mailed) copy of this motion on _31Q3, 1j, to �S *nature alld date a !� Name [(goy �s�oo �-- 5-r• MTddress`� �J� '^ . ^ kA- ) 1- � ay-,y" b L f a ( ddress 0 Telephone NORTHEAST HOUSING COURT V-- X6 7 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 N V RIFIED COMPLAINT AND AFFIDAVIT i• T i � \l\/1) � i U 1 Plaintif ' s Name K oy p Defendant's' Name ddress Address — L7-1 City Zip Code City Zip Code Telephone telephone 9I state un er the ins and p nalties of perjury as follows : ra © or oXG - $ � l Cfli- 441 U)A - y,4 - � kK v r a Therefore, I ,a'm` asking the Court to: r W� V 1 o ta' ' CAA a� 2-3 Date S'l g-j ed un er en ies of p rju y Town of North Andover NORTp Office of the Health Department ? i . Community Development and Services Division « _ 1600 Osgood Street North Andover Massachusetts 01845 "Arco' <h s�c►+us Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-9542-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER - "-'- Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of: Fitness for Human Habitation, 105 CMR 410.000. Date: October 25, 2011 To Owner of Record: Property Location: Charles Camirand Ralph Allen Sudha Camirand 119 High Street 101 Shiloh Street North Andover, MA 01845 Branson.MO. 65616-7716 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on October 6, 2011 This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7) days from the receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. 1 Michele E. Grant ✓ Public Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 . Re: Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 ORDER LETTER An authorized inspection of 119 High Street was performed by Board of Health staff at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven (7) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. The apartment may not be occupied until a certification of compliance has been issued by the Board of Health. Regulatory Re-Inspection Violation Reference ➢ No Carbon Monoxide detectors were found in the 410.482 apartment. Tested fire alarms, did not test properly. Owner shall provide,install, and maintain in operable condition smoke detectors and carbon monoxide alarms in every dwelling that is required to be equipped with smoke detectors and carbon monoxide alarms in accordance with any provision of Mass General Laws. ' Install detectors and alarms. Contact fire department to inspect. ➢ Water is infiltrating into the kitchen bathroom, r bedroom, and living room. VERY strong odor of 410.500 Mold and Mildew. Every owner shall maintain the foundation, floors, and walls. Hire a professional contractor to determine where foundation is faulty, and submit a written proposal of work to be performed to the Health Department. ➢ Concerns over"Air Mechanical Ventilation System" 410.202 Refer to the North Andover Plumbing Inspector. a Re:Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 ➢ Concerns over total number of egress's in the 410.450 basement apartment. Refer to the North Andover Building Department ➢ Concerns over the lack of number of Electrical 410.354 meters. ➢ Concerns over proper dryer venting. Refer to the North Andover Electrical Department ➢ Concerns over the designated units and placement 410.200 of the Water Tank and Furnace. Refer to the North Andover Gas/Plumbing Department c;D i V ➢ Windows are not weather tight. 410.501(A)(4c) J Weather Tight Elements: A window shall be weather tight K only if. the window sash is sufficiently well-fitted such that, without weather stripping, the space between the window sash and the prime window frame is no larger than 1/16 inch at any point on the perimeter. Repair all windows to the minimum standards of the housing Code. ➢ Missing baseboards in some areas throughout 410.500 apartment. ➢ Holes in walls of apartment ➢ Floors (Linoleum)is separating from the floor, due to excessive water damage. Owner's responsibility to maintain structural Elements. Every owner shall maintain the foundation,floors, walls, ceiling, roof, staircases,porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow,weather tight and free of chronic dampness. Repair all Floors, Walls, Ceilings ➢ Emergency information is not posted. Posting of 410.481 Owners name is required. Tenant does not have ' Re:Property: 119 High Street From: North Andover Board of Health Date:October 25,2011 Landlord/Owners contact information. An owner of a dwelling which is rented for residential use, who does not reside therein and who does not employ a manager of agent or such dwelling who resides therein, shall post and maintain, on the interior of such dwelling in a location visible to the residents,not less than 20 square inches in size, bearing the name, address and telephone ' number. ev -- Post owners/or managing trustee's, name,phone number, ' and address, on wall, visible to all tenants. -� Cc: ➢ Owner: Charles and Sudha Camirand, 101 Shiloh Street,Branson, MO.65616 ➢ Ralph Allen, 119 High Street,North Andover,MA.01845. ➢ Gerald Brown—Inspector of Buildings ➢ Peter Murphy- Electrical Inspector ➢ Richard Danforth—Plumbing Inspector ➢ Susan Sawyer—Director—Health Department ➢ File 5 PLACE STICKER AT foli OF ENVELOk TO THE RIQKr jyjpL L CERfIMIN r, ,oq I M ' .` Town of North Andover neopost .;•• •--..' 03/23/2012 •��••• HEALTH DEPARTMENT o COMMUNITY DEVELOPMENT AND SERVICES 05.75- 1600 Osgood Street, Bldg.20,Suite 2-36 ?005 0390 0003 4265 900? Y ZIP 01845 North Andover, Massachusetts N845 0411-10206376 1 �s S APIR U � U NIXIE 6-50 DC 1 00 04l18112 RETURN TO SENDER UNCLAIMED UNABLE TO FORWARD DC: 0104SIOSISI x2260-02860-13-31 ose4s�1os1 111111 pill 1111 If fillip 1111„fillip IIII)IIII 1 1111111111 111)1111 • t SENDER: • •N COMPLETE THIS SECTIONON I ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery is desired. E3[3 ' ■ Print your name and address on the reverse X ❑Addressee f so that we can return the card to you. ■ Attach this card to the back of the mallpiece, B. Received by(Printed Name) C. Date of Delivery { ` I i S or ori the front if space permits. D. Is delivery address different from item 11 ❑Yes i 1. Article Addressed to. If YES,enter delivery address below: ❑ No orcegister Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise . ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(F-xtra Fee) ❑Yes I ` 2 AMcle(Transfer from Number erviceIni 7005 0390 0D03 4265 9007 ' , I, t , I PS Form 3811,February 2004' Domestic'Retum'Recelpt 102595-02-M-154011 COMMONWEALTH OF MASSACHUSETTS h�{JUJIgtiG %(Iji;? DEPT. NORTHEAST HOUSING COURTrfI'J Jt P;Jl�,eIe� qvovl�.- 12 KTIR 23 AM fir: 11 P � Plaintiff - V. - No . h , to h -51— De en an li Law - L-0 v c Cya,�,-, bar-d>e 61c� Vo 6ur V\ o MOTION WITH HEARING AT LAWRENCE SESSION The undersigned hereby moves this Court [_] to continue this case until ' [_) to amend [_] to dismiss this case [_] to remove default or dismissal and for relief from judgment and set the case for trial on [_] to stay execution until [_] to issue execution [ ] to order payment of the j gm n within [30 days] [ l [ ] other Se�Q for the following reasons : This motion will 1 be heard by the Northeast Housing Court at Courtroom 3 , Northeast Housing Cour , 2 Appleton Street, Lawrence, at 9 : 00 o' clock a .m hursday, 20 . I (gave) (mailed) copy of this motion on to �e 7; t *S=ature -ab(d date a Name I(goy ddress�SJoo �� 5�"• -3(p ddress /1l J V Telephone J NORTHEAST HOUSING COURT 19'C v— 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 V RIFIED COMPLAINT AND AFFIDAVIT SAW. Plaintif ' s Name Uoy A Defendant ' s Name `l'YL • � � _„_ to Address Address — � �r��srx� .�Ql�P 7`11 City Zip Code City P Zi Code Telephone Telephone I state un er the ains and penalties of perjury as follows : o ' L I'no S r o (� - $ 3 l ( G yyl eL 4 In o 50724 1 35zf Ir�r u)Ur5 noom Uj I L�v - &tA— Ao r Oar nu U ` S Therefore, I Ilasking t o �ourt to: r r �ela� 2q, Agelun er en i e s of p\4 rju y L Town of North Andover NORT Office of the Health Department o? Community Development and Services Division w 1600 Osgood Street North Andover Massachusetts 01845 �9s'„ <h Andover, SACHUS Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-9542-Fax c :�oc N ` NORTH ANDOVER BOARD OF HEALTH ORDER LETTER '- r�•-1 -�7-� Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards oc: «-a Fitness for Human Habitation, 105 CMR 410.000. Date: October 25, 2011 To Owner of Record: Property Location: Charles Camirand Ralph Allen Sudha Camirand 119 High Street 101 Shiloh Street North Andover, MA 01845 Branson. MO. 65616-7716 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on October 6, 2011 This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date,time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. ichele E. Grant Public Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALXH 688-9540 PLANNING 688-9535 T Re: Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 ORDER LETTER An authorized inspection of 119 High Street was performed by Board of Health staff at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven(7) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. The apartment may not be occupied until a certification of compliance has been issued by the Board of Health. Regulatory Re-Inspection Violation Reference ➢ No Carbon Monoxide detectors were found in the 410.482 apartment. Tested fire alarms, did not test properly. Owner shall provide, install, and maintain in operable condition smoke detectors and carbon monoxide alarms in _ every dwelling that is required to be equipped with smoke N detectors and carbon monoxide alarms in accordance with any provision of Mass General Laws. =� Install detectors and alarms. Contact fire department to r �t4 inspect. - r . _ c ➢ Water is infiltrating into the kitchen bathroom, bedroom,and living room. VERY strong odor of 410.500 Mold and Mildew. Every owner shall maintain the foundation, floors, and walls. Hire a professional contractor to determine where foundation is faulty, and submit a written proposal of work to be performed to the Health Department. ➢ Concerns over "Air Mechanical Ventilation System" 410.202 Refer to the North Andover Plumbing Inspector. t s r Re:Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 ➢ Concerns over total number of egress's in the 410.450 basement apartment. Refer to the North Andover Building Department ➢ Concerns over the lack of number of Electrical 410.354 meters. ➢ Concerns over proper dryer venting. Refer to the North Andover Electrical Department ➢ Concerns over the designated units and placement 410.200 of the Water Tank and Furnace. Refer to the North Andover Gas/Plumbing Department ,Z7 r N) ➢ Windows are not weather tight. 410.501(A)(4c) W Weather Tight Elements: A window shall be weather tight o only if: the window sash is sufficiently well-fitted such that, v� " without weather stripping, the space between the window sash and the prime window frame is no larger than 1/16 inch at any point on the perimeter. Repair all windows to the minimum standards of the housing Code. ➢ Missing baseboards in some areas throughout 410.500 apartment. ➢ Holes in walls of apartment ➢ Floors (Linoleum) is separating from the floor, due to excessive water damage. Owner's responsibility to maintain structural Elements. Every owner shall maintain the foundation, floors, walls, ceiling, roof,staircases,porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, weather tight and free of chronic dampness. Repair all Floors, Walls, Ceilings ➢ Emergency information is not posted. Posting of 410.481 Owners name is required. Tenant does not have r Re: Property: 119 High Street From: North Andover Board of Health Date:October 25,2011 Landlord/Owners contact information. An owner of a dwelling which is rented for residential use, who does not reside therein and who does not employ a manager of agent or such dwelling who resides therein, shall post and maintain, on the interior of such dwelling in G-- a location visible to the residents, not less than 20 square ry inches in size, bearing the name, address and telephone }, number. Nom; �TI 4, Post owners/or managing trustee's, name,phone number, _-- cam' and address, on wall, visible to all tenants. 7- Cc: ➢ Owner: Charles and Sudha Camirand, 101 Shiloh Street,Branson, MO. 65616 ➢ Ralph Allen, 119 High Street,North Andover,MA.01845. ➢ Gerald Brown—Inspector of Buildings ➢ Peter Murphy- Electrical Inspector ➢ Richard Danforth—Plumbing Inspector ➢ Susan Sawyer—Director—Health Department ➢ File COMMONWEALTH OF MASSACHUSETTS HOUSING E;;.OU 1DEP'r ` NORTHEAST HOUSING COURT tyilt�I IE ;!�_f G3lvs K. 1 2 Qsc�a Nw4iA (j � Plaintiff V- - No . ej' i,r Al►,� 160 3-k,6- 0-01VV .t`x6-411 L_ 10oh -5� fay �4 v . Ug �n � De La c vc�e� LoCs , b a,,r c .te 41x;_ en a U 0 0 W etc-�,v rv,1 5 Pwr-1L - S�� MOTION WITH HEARING AT LAWRENCE SESSION The undersigned hereby moves this Court [_) to continue this case unti [_] to amend [_] to dismiss this case [_] to remove default or dismissal and for relief from judgment and set the case for trial on [_] to stay execution until [_] to issue execution [ ) to order payment of the JudgmFnq within [30 days] [ ] [ ] other for the following reasons : a This motion will be heard by the Northeast Housing Court at Courtroom 3 , Northeast Housing Cour , 2 Appleton Street, Lawrence, at 9 : 00 o' clock a .m hursday, 20J,9, . I (gave) (mailed) copy of this motion on to is &�vnel Si nature alld date a `� Name 1006 ddress ddress C7 Telephone NORTHEAST HOUSING COURT 2 Appleton Street Lawrence, Massachusetts 01840 r (978) 689-7833 v V RIFIED COMPLAINT AND AFFIDAVIT '^ e CIO Plaintif ' s Name OY" lam-,p Defendant ' s Name ==� C cD ddress Address r City Zip Code City Zip Code Telephone Telephone S�t ter" P45- I state un er the ains and nalties of 4/h r- 4 , n! p perjury as follows : [6h. dyLL I'n j S J C L19 r) 10 10, o =It�) - PWMC5 no r - ItA— r �V � � ►1v � 5 Therefore, I am asking t o �ourt to: r r" r �e WAVl o u or a� Date 4Siged 1=6e?-pen les of p rju y Town of North Andover Office of the Health Department ° Community Development and Services Division 1600 Osgood Street North Andover Massachusetts 01845 ' S�cHus Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-9542-Fax } - iI? Com.? �.'•. NORTH ANDOVER BOARD OF HEALTH ` ORDER LETTER ' Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of: Fitness for Human Habitation, 105 CMR 410.000. Date: October 25, 2011 To Owner of Record: Property Location: Charles Camirand Ralph Allen Sudha Camirand 119 High Street 101 Shiloh Street North Andover, MA 01845 Branson.MO. 65616-7716 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on October 6, 2011 This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter 11, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received b. the Health Department within seven(7) days from the receipt of this order. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. $icheleZ—E. Grant Public Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Re:Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 ORDER LETTER An authorized inspection of 119 High Street was performed by Board of Health staff at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven (7) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. The apartment may not be occupied until a certification of compliance has been issued by the Board of Health. Regulatory Re-Inspection Violation Reference ➢ No Carbon Monoxide detectors were found in the 410.482 apartment. Tested fire alarms, did not test properly. Owner shall provide,install, and maintain in operable condition smoke detectors and carbon monoxide alarms in _ every dwelling that is required to be equipped with smoke detectors and carbon monoxide alarms in accordance with - c any provision of Mass General Laws. ' Install detectors and alarms. Contact fire department to '— — inspect. = - t� ➢ Water is infiltrating into the kitchen bathroom, d' bedroom,and living room. VERY strong odor of 410.500 Mold and Mildew. Every owner shall maintain the foundation,floors, and walls. Hire a professional contractor to determine where foundation is faulty, and submit a written proposal of work to be performed to the Health Department. ➢ Concerns over"Air Mechanical Ventilation System" 410.202 Refer to the North Andover Plumbing Inspector. s ' Re:Property: 119 High Street From: North Andover Board of Health Date:October 25,2011 A ' ➢ Concerns over total number of egress's in the 410.450 basement apartment. Refer to the North Andover Building Department ➢ Concerns over the lack of number of Electrical 410.354 meters. ➢ Concerns over proper dryer venting. Refer to the North Andover Electrical Department ➢ Concerns over the designated units and placement 410.200 of the Water Tank and Furnace. Refer to the North Andover Gas/Plumhing Department N -K- --;x N7 ➢ Windows are not weather tight. 410.501(A)(4c) 7 Weather Tight Elements: A window shall be weather tight only if. the window sash is sufficiently well-fitted such that, without weather stripping, the space between the window' sash and the prime window frame is no larger than 1/16 inch at any point on the perimeter. Repair all windows to the minimum standards of the housing Code. ➢ Missing baseboards in some areas throughout 410.500 apartment. ➢ Holes in walls of apartment ➢ Floors (Linoleum)is separating from the floor, due to excessive water damage. Owner's responsibility to maintain structural Elements. Every owner shall maintain the foundation, floors,walls, ceiling, roof,staircases,porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow,weather tight and free of chronic dampness. Repair all Floors, Walls, Ceilings ➢ Emergency information is not posted. Posting of 410.481 Owners name is required. Tenant does not have f ` 8 f ' Re:Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 Landlord/Owners contact information. An owner of a dwelling which is rented for residential use, who does not reside therein and who does not employ a manager of agent or such dwelling who resides therein, shall post and maintain, on the interior of such dwelling in rv : a location visible to the residents, not less than 20 square inches in size, bearing the name,address and telephone M number. N . Post owners/or managing trustee's, name,phone number, 7 and address, on wall, visible to all tenants. ,5 4f� . Cc: ➢ Owner: Charles and Sudha Camirand, 101 Shiloh Street,Branson, MO. 65616 ➢ Ralph Allen, 119 High Street,North Andover,MA.01845. ➢ Gerald Brown—Inspector of Buildings ➢ Peter Murphy- Electrical Inspector ➢ Richard Danforth—Plumbing Inspector ➢ Susan Sawyer—Director—Health Department ➢ File J r �. /.rel/ � I. /.� i Il�__l/i�I -�• � 1 40, �-FOWMA DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Friday, March 23, 2012 2:58 PM To: 'lou@gambardellalaw.com' Cc: Grant, Michele; Sawyer, Susan Subject: Order Letter- Housing - 119 High Street, North Andover, MA and Verified Complaint and Affidavit Attachments: 20120323142719695.pdf Importance: High Follow Up Flag: Follow up Flag Status: Flagged Dear Attorney Gambardella, I am sending the scanned attached a completed Verified Complaint and Affidavit form regarding 119 High Street in North Andover, MA on behalf of Michele Grant,Public Health Agent. This form was filed with the Northeast Housing Court today in Lawrence,MA. Ms. Grant had been unable to reach you through phone or email. Please note that there is a follow-up court appearance to be held next Thursday morning,March 29`h. In addition,please note that this document has also been sent certified and regular mail to you, as well as Charles and Sudha Camirand of Branson,MO. If you have any questions,please contact Ms. Grant at this office. Thank you. Pamela DelleChiaie Health Department Town of North Andover 1600 Osgood Street I Bldg.20 1 Suite 2-36 North Andover,MA 01845 Phone 978.688.9540 Fax 978.688.8476 Email pdellechiaie@townofnorthandover.com Web www.TownofNorthAndover.com 1 Grant,`Michele From: Ralph Allen [tralphallen@yahoo.com] Sent: Wednesday, February 15, 2012 2:09 PM To: Grant, Michele Subject: Ralph Allen Letter Attachments: Lawyer Letter Page 1.tif; Lawyer Letter Page 2.tif Hi Michele. Here is a copy of the letter my lawyer sent out. I will be sending you another email shortly with some pics. Thanks. Ralph Allen Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 y 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 20, 2012 VIA REGULAR MAIL and CERTIFIED MAIL,RRR Charles Camirand Sudha Camirand 101 Shiloh Street Branson,MO 65616-7716 5 T i �'+EICT T R2: PEl0�AN1i2 PURSUANT ,0 M.G.L. CII.S3R, JLI.l IOlt S' MR.RALPH ALLEN Dear Mr. and Mrs. Camirand: Please be advised,this office has been retained by Mr. Ralph Allen with regard to his tenancy at 199 High Street,North Andover, MA, of which you are the record owner and landlord.This town is aware that you have received an ORDER LETTER from the North Andover Board of Health regarding the unsafe and hazardous conditions of 119 High Street. Since there has been no work completed on the property,nor has there been any progress on working this matter out with my client,we have decided to move this matter to the next step. This letter is being sent to you pursuant to the provisions of M.G.L. Chapter 93A, Section 9 requiring a written response within thirty (30)days of your receipt. My client has informed me of the various issues that he faces on a day-to-day basis within the rental space he resides in at 119 High Street. He has also informed me that on numerous occasions he has informed you of these issues, but has never received any support or assistance from you,the landlord. According to the above Order Letter, there has been water infiltrating into the kitchen bathroom, bedroom and living roorn, matters that Mr. Allen has informed you of in the past.The letter also states that there is a "very strong odor of mold and mildew."Being exposed to mildew and mold is a hazardous living condition that Mr. Allen and his daughter should not be repeatedly J Mr. and Mrs. Camirand January 17, 2012 Page Two exposed to. Also, there are missing baseboards throughout the apartment and linoleum floors separating from the floor due to excessive water damage. It is evident that my client's Warranty of Habitability has been breached by your actions. At this time, this office would like to make you aware that your actions, as a landlord, in ignoring these matters as they have been relayed to you from your tenant, failing to begin performing any of the work required by the Town of North Andover and breaching the warranty of habitability, are all actions that constitute unfair and deceptive acts and practices within the meaning of Massachusetts General Laws, Chapter 93A. As a result of these unfair and deceptive acts Mr. Allen has been injured in that he has been required to pay rent to inhabit an unsafe and hazardous apartment, has had belongings destroyed by water damage and has possibly been exposed to mold for months. I therefore demand on behalf of Mr. Allen that you refund him the seven (7) months of rent he has paid to you; a total of Five Thousand Six Hundred and 00/100 ($5,600.00) Dollars. 1 will expect to receive a reply from you within thirty (30) days as required under Massachusetts General Laws; Chapter 93A, Section 9. If this demand is not accepted within that period of time, l will recommend to my client that he pursue all legal rights available to him including the recovery of multiple damages, attorney's fees and costs under Massachusetts General Laws, Chapter 93A. Very truly yours, J athan J. Rossi cc: Ralph Allen 119 High Street North Andover, MA 01845 Grant, Michele From: Ralph Allen [tralphallen@yahoo.com] Sent: Wednesday, February 15, 2012 2:09 PM To: Grant, Michele Subject: Ralph Allen Letter Attachments: Lawyer Letter Page 1.tif; Lawyer Letter Page 2.tif Hi Michele. Here is a copy of the letter my lawyer sent out. I will be sending you another email shortly with some pics. Thanks. Ralph Allen r Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials a e public records.For more information please refer to:http://www.sec.state.ma.us/pre/l)reidx.htm. Please consider the environment before printing this email. 1 pORTy � O� tLeo i6 '9•ti 0 toA Town of North Andover 1600 Osgood Street Bldg.20,Suite 2-36 Area �9SSACHUS North Andover,MA 01845 Phone: 978-688-9545 Fax: 978-688-9542 Gerald Brown,Inspector of Buildings October 28, 2011 Charles E. Camirand II 101 Shiloh Street Branson,MO 65616-7724 Reg: 119 High Street,North Andover,MA 01845 Dear Mr. Camirand, Please be advised, a recent visit to your property revealed that a Building Permit was never issued for the illegal basement dwelling unit and that renovations are being done to the interior of your home. The Massachusetts Building Code 780 CMR 105.1 Permit Applications: (It shall be unlawful to construct, reconstruct, alter,repair, change use occupancy;which is regulated by 780CMR without first filing a written application with a building official and obtaining the required building permit and all other required permits therefore). Occupying a structure without a Certificate of Occupancy is a violation of the Massachusetts Building code 780CMR, and the Town of North Andover Zoning Bylaw. You must discontinue this illegal use and Occupancy and remove the illegal apartment immediately and obtain a building permit for renovations. Thank you for your attention to this matter. If you have any questions,please call the office of the Building Department at 978-688-9545. Very truly yours, ./ �A�—. Gera d Brown,Inspector of Buildings Building Department cc: Curt Bellavance/Comm. Development Susan Sawyer/Health Dept. mi/Desktop/Gerry S M E A DR No. SF11TP UPC 68025 cmead.com • Made in USA J��CYG n "m usm N"a FROOM L** SFI OF„SA CFKIIREO /�. SOURCNIG PROGRW WWWSii CM -)t\Ot LOUIS L. GAMBARDELLA ATTORNEY AT LAW 600 WEST CUMMINGS PARK,SUITE 3050 RECEI 0lE WOBURN,MASSACHUSETTS 01801 (781)938-0336 o FACSIMILE(781)938-5592 NOV Z9 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT November 22, 2011 Town of North Andover Health Department Attention: Michele E. Grant 1600 Osgood St, Bldg 20 Suite 2-36 North Andover,, MA 01845 RE: Property: 119 High Street, North Andover, MA Dear Ms. Grant: Please be advised that this office represents Charles Camirand relative to the above-entitled matter. As per our last telephone conversation,this letter will serve as a formal request for an extension to address the issues raised in your letter to Mr. Camirand dated October 25, 2011. As per your suggestion I have spoken with Gerald Brown, Inspector of Buildings and have sent a letter to the tenant, Ralph Allen. I will keep you advised of my progress. Thank you for your courtesy and cooperation in this matter. Very truly yours, J Xui am a LLG/aco CC: Charles Camirand A ► Grant, Michele To: lougambardella@law.com Cc: Sawyer, Susan; DelleChiaie, Pamela Subject: FW: 119 High Street Attachments: 20111116105017447.pdf; 20111116110655664.pdf Dear Mr.Gambardella Thank you for calling the North Andover Health Department. Please see the attachments. You will find the original order letter as well as a letter of extension, which has already expired. Please understand that if Mr. Camirand needs additional time, I am glad to grant it, however, our department will also need a suitable plan action. Please note, the mass housing code protects tenants from retaliation. I have attached a section in the Massachusetts Housing code that refers to retaliation. If you have any other questions, please don't hesitate to call our office. Michele E. Grant Public Health Agent North Andover Health Department North Andover, MA. 01845 978-688-9540 978-688-8476 - Fax -----Original Message----- From: noreply(@townofnorthandover.com jmailto:noreply(@townofnorthandover.coml Sent: Wednesday, November 16, 2011 10:50 AM To: Grant, Michele Subject: This E-mail was sent from "RNPOA428C" (Aficio MP C5000) . Scan Date: 11.16.2011 10:50:17 (-0500) Queries to: noreply@townofnorthandover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. - Please consider the environment before printing this email. fsf 1 a � w } Legal Remedies for Tenants of Residential Housing i fHE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. I, Rent Withholding(General Laws Chapter 239 Section 8A) If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materi- ally impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it.(For this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 111 Section 127L). The law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety or well-being and your landlord has received written notice of the violations,you may be able to use this remedy. If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice you can use up to four months'rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions Prohibited(General Laws Chapter 186,Section 18 and Chapter 239 Section 2A). The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages if lie or she tries this. 4. Rent Receivership(General Laws Chapter ill Sections 127C-H). The occupants and/or the board of health may petition the District or Superior Court to allow resit to be paid into court rather than to the owner.The court may then appoint a receiver who may spent as much of the rent money as is needed to correct the violation.Tile re- ceiver is not subject to a spending limitation of four months'rent. S. Breach of Warranty of Habitability. You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimuni stand- ards of habitability. b. Unfair and Deceptive Practices(General Laws Chapter 93A). Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION,IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY.IF YOU CAN. NOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: (NAME) (TELEPHONE NUMBER) (ADDRESS) RnQ%1 At ROARS g WARREN.INC. NOV.1979 TOWN OF NORTH ANDOVER Health Department 1600 Osgood Street Building 20;Suite 2-36 North Andover,MA 01845 978.688.9540—Phone 978.688.8476—Fax healthde t()to%vnofiiorthandover,com November 8, 2011 Charles E. Camirand II 101 Shiloh Street Branson, M0.65616-7724 Re: Letter of Extension-119 High Street North Andover MA 01845 Dear Mr. Camirand: The North Andover Health Department is in receipt of your e-mail, dated November 7,2011 requesting an extension. The North Andover Health Department grants you an extension of 5 business days to complete the requests. Please note that all violations either must be complete orA coni►�ive lan or-comp. Iefio�t b a lice�rsed contractor must be« roved be this o 1"ce by November 14,2011. If you have any further questions,please contact the Health Department at 978-688-9540 Sincerely, ) A41-1 Michele E. Grant Public Health Inspector 978-688-9540 Cc: Susan Sawyer,Public Health Director Gerald Brown,Inspector of Buildings Ralph Allen,Tenant File a v Town of Noah Andover f your# p <tuo r♦ y0 Office of tate Health Department Community Development and Services Division , 1600 Osgood Street v 0, «ks:.'% North Andover,Massachusetts 01845CHUbEt� susarl Sawyer (978)688-9540-Phone Public Health Director (978)688-9542-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter 11, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: October 25, 2011 To Owner of Record: Property Location: Charles Carnirand Ralph Allen Sudha Camirand 119 High Street 101 Shiloh Street North Andover, MA 01845 Branson. MO. 65616-7716 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on October 6,2011 'Phis inspection revealed violations of certain regulations of the State Sanitary Code, Chapter lI, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the tithe allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health, You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received he Health Department within seven 7) days from the receipt of this or er, At said hearing,you will be given an opportunity to be lieaM and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be unformed of(lie date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. l 1 ichele E. Grant Public Health Inspector RQAlrf)()1'API'IiAl.S 6RR-9541 IMILDIN0 688.95¢5 CONSFAVATtoN 6RR-95.10 HFALTH G88.954R PLANNINCI M-9535 v Ire: Property: 119 High Street From: North Andover Board of Health Date:October 2S,2411 ORDER LETTER An authorized inspection of 119 High Street was performed by Board of Health staff at which violations of 105 CMR 410,000 Cliapter 1I of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven (7) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work.The apartment may not be occupied until a certification of compliance has been issued by the Board of Health. Regulatory Re-Inspection Violation Reference Y No Carbon Monoxide detectors were fount ill the 410.482 apartment. Tested flue alarms, diel not test properly. Owner shall provide, histall, and inaint-aill ill operable Condition smoke detectors.and Carbon monoxide alarms in every dwelling that is eecluired to be equipped with smoke detectors and carbon monoxide alarms in.aceol-da lee with any provision of Mass General Laws. Instoll detectors and alarms. Contactfire departutent to Inspect, y Nater is infiltrating into the kitchen batlirooul, bedroom, and living room. VERY strong odor of 410.500 Mold and Mildew. l+,vory oNvner'411"ll 11111iiltain the foundation) tlool-si and walls. Hire a professional contractor to deterntirte lvhere foundation is f alto►, and.subinit it ►oritten proposal of ivork to be petformed to the Health Departutent. ➢ Concerns over"Air Mechanical Ventilation System" 410.202 Refer to the Nath Andover Phonbhig 1n pec=tor, Re: Properly: 119 High 5tmel From. Not•th Andover Bond of Health Dato; October 25,2011 ➢ Concerns over total number of egress's in the 410.450 basement apartment. Refer to the North Andover Building Department Y Concerns over the lack of number of Electrical 410.354 ureters. ➢ Concerns over proper dtyer venting, Refer to the Noeth Iludover Electric(►l Dejxtl�it:e►rl 9 Concerns over the designated units and placement 410.200 of the Water Tank and Furnace. Refer to the North Ando*ver GuslPlt.unhiitg Department ➢ Windows are not weather tight, 410.501(A)(4c) Weather TiphtElements: A window shall be weather tight only if., the window sash is Sufficiently well-fitted such that, Without weather stripping, the spree between the window 811811 attd ilte prime whtdpw frame is no larger than 1/16 inell lit any pollit oft the perituoter. Repui►•all 1vildom to the 11111thnum standards of the housing Cole. A Missing baseboards in some Areas throughout 41.0.500 apartment. > Holes in walls of apartment Y Floors (Linoleum)is separating from the floor,(lite to excessive water damage. Owtter•'s responsibility to.maintain structural Elements. Every owner shall rttairitain the founilation,floors;walls, ceiling, roof, 9taii,eases, porches, chimnoys, and, Apr -sit letural elements of his-dweliing so that the dwelling excludes wiml, rairt and show,weather tight lend free of chrotric dal0pnes$. Repair all Floors, Walls, Celliugs ➢ Emergency information is not posted. Postitrg of 410.481 Owners name is required.Tenant sloes not have a Re: Property: 119 High Sh•ect Front:North Andover Board of Health Date:October 25,2011 Landlord/Owners contact information. No owner of a dwolling which Is rented for residential Ilse, wtto docs riot reside therein 0111.tivho (toss not omploy a Inoilltgor of agent ot.sticlt(iw$llirlg who l•esi(le the 1.0in, shall Past aitd maintain, oil the.interior of glz.eh tltivelling ill a.location visible to the rosildelits; not less tha.tl 20 square inches in size, bearing the name,address-and telephone number. Post olvueis/or 111011aging Trustee's, irante,phone number, and ad(Iress, oil wall, visible to all te)raitts. e Cc: Y Owner: Charles and Sudha Camirand, 101 Shiloh Street,Branson, MO.65616 Y Ralph Allen, 119 High Street,North Andover,MA,01845. Y Gerald Brown--Inspector of Buildings ➢ Peter Murphy- Electrical Inspector Y Rich aid Danforth—Plumbing Inspector D Susan Sae —Director -Health Deiar tmnt Y File y ,Crant, Michele h From: Charlie Camirand [ccamirand@flybranson.com] Sent: Monday, November 14, 2011 10:17 AM To: Grant, Michele Cc: lou@gambradellalaw.com; lou@gambardellalaw.com Subject: FW: order letter. The Contractors I had sent over to 119 high were : Desmond Construction—I talked with a Matt The other was Keen Construction. The Basment company that had canceled the appointment was Value DRY#866-328-2583. Aslo attorneys name is Louis Gambardella @ 781-938-0336 1 will continue to work toward compliance with your order. Thank you, Charles Camirand From: Charlie Camirand jmailto:ccamirandCcbflybranson.coml Sent: Sunday, November 13, 20117:55 PM To: mQrantC@townofnorthandover.com Cc: ccamirand(a flybranson.com; IouC)gambardellalaw.com Subject: order letter. M Grant, I have contacted two separate contractors to do the work at 119 high street,their names elude me right now. I will supply the names tomorrow. Both were suppose to contact you directly at the end of last week,they have worked with you before, and set up appointments to evaluate and physically do the general work as well as direct the necessary inspectors to the appropriate "Inspections".Also I have contacted the Building inspector and am working with him to resolve his issues. Regarding his issues, I have retained a lawyer"Louis Gamberdella"to start eviction procedures that ARE NOT RETALLITORY. Meaning the inspector suggested that the dwelling was not safe and should be vacated immediately. Because of this statement I have started the eviction process. Also I had an inspection set up with the Water-proofing company,they canceled when they found out I was not available to be there in person.Apparently,their policy demands that the owner be present.This was deflating because I am trying to fulfill my obligation to your office Thank you for your patience and understanding, I am working diligently you resolve all issues. Charles E. Camiran I Gandside Grounds and Barking Wanager Branson Airport 4000 Branson Airport Boufevard Yfoffister,9�f0 65672 ph-417-334-7813 1 fax-417-334-2190 cca+nirand@flvbranson.com s' "RAW&I `�r � � 1 , Every Day Low Fares www.AirTran.com www.FrontiorA!rlines.com www.FlyBranson.com B / vr�s�r�titel�t�"Maytt`13..64 Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:ham://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 _� n ,�n� nfl� r �J�� -�-- • 5�,'S'�D l� • TOWN OF NORTH ANDOVER Health Department 1600 Osgood Street Building 20; Suite 2-36 North Andover,MA 01845 978.688.9540—Phone 978.688.8476—Fax healthdept@townoffiorthandover.com November 8, 2011 Charles E. Camirand Il 101 Shiloh Street Branson, MO. 65616-7724 Re: Letter of Extension- 119 High Street,North Andover,MA 01845 Dear Mr. Camirand: The North Andover Health Department is in receipt of your e-mail, dated November 7, 2011 requesting an extension. The North Andover Health Department grants you an extension of 5 business days to complete the requests. Please note that all violations either must be completed or A comprehensive Plan for completion by a licensed contractor must be approved be this office, by November 14, 2011. If you have any further questions, please contact the Health Department at 978-688-9540 Sincerely, 4 i Michele E. Grant Public Health Inspector 978-688-9540 Cc: Susan Sawyer, Public Health Director Gerald Brown, Inspector of Buildings Ralph Allen, Tenant File 1 Grant, Michele From: Ippolito, Mary Sent: Thursday, November 03, 2011 11:57 AM To: 'ccamirand@msn.com' Cc: Grant, Michele Subject: Charles E. Camirand Il.doc Attachments: Charles E. Camirand II.doc Dear Mr. Camirand, Please see the attachment sent from Gerald Brown, Building Inspector for the Town of North Andover. Thank you. Mary Ippolito, Building Department Town of North Andover 1600 Osgood Street Bldg. 20,Suite 2-36 North Andover, MA 01845 phone: 978-688-9545 fax:978-688-9542 mippolito@townofnorthandover.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/Dreidx.htm. Please consider the environment before printing this email. 1 S .4 S Town of North Andover Office of the Health Department 0 •':� ` ` Community Development and Services Division 41 - .,��, �► 1600 Osgood Street ' ' North Andover,Massachusetts 01845 cNu t Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-9542-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter 11, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: October 25, 2011 To Owner of Record: Property Location: Charles Camirand Ralph Allen Sudha Camirand 119 High Street 101 Shiloh Street North Andover, MA 01845 Branson. MO. 65616-7716 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on October 6, 2011 This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter lI, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7) days from the receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date,time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. kicheleGrant ` Public Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HF,ALTH 688-9540 PLANNING 688-9535 Re: Property: 119 High Sheet From: North Andover Board of Health Date: October 25,2011 ORDER LETTER An authorized inspection of 119 High Street was performed by Board of Health staff at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violation ' s must be corrected within seven (7) days of receipt of this order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. The apartment may not be occupied until a certification of compliance has been issued by the Board of Health. Regulatory Re-Inspection Violation Reference ➢ No Carbon Monoxide detectors were found in the 410.482 apartment. Tested fire alarms, did not test properly. Owner shall provide, install, and maintain in operable condition smoke detectors and carbon monoxide alarms in every dwelling that is required to be equipped with smoke detectors and carbon monoxide alarms in accordance with any provision of Mass General Laws. Install detectors and alarms. Contact fire department to inspect. ➢ Water is infiltrating into the kitchen bathroom, bedroom, and living room. VERY strong odor of 410.500 Mold and Mildew. Every owner shall maintain the foundation, floors, and walls. Hire a professional contractor to detern ine where foundation is faulty, and submit a written proposal of work to be perforrrred to the Health Department. ➢ Concerns over "Air Mechanical Ventilation System" 410.202 Refer to the North Andover Plumbing Iirspector. Re: Property: 119 High Street From: North Andover Board of Health Date:October 25,2011 ➢ Concerns over total number of egress's in the 410.450 basement apartment. Refer to the North Andover Building Department ➢ Concerns over the lack of number of Electrical 410.354 meters. ➢ Concerns over proper dryer venting. Refer to the North Andover Electrical Department ➢ Concerns over the designated units and placement 410.200 of the Water Tank and furnace. �I Refer to the North Andover Gas/Plumbing Department �Q ��• ➢ Windows are not weather tight. 410.501(A)(4c) Weather Tight Elements: A window shall be weather tight only if: the window sash is sufficiently well-fitted such that, without weather stripping, the space between the window sash and the prime window frame is no larger than 1116 inch at any point on the perimeter. Repair all Windows to the ininimmN standards of the housing Code. ➢ Missing baseboards in some areas throughout 410.500 apartment. ➢ Holes in walls of apartment ➢ Floors (Linoleum) is separating from the floor, due to excessive water damage. Owner's responsibility to maintain structural Elements. Every owner shall maintain the foundation, floors,walls, ceiling, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, weather tight and free of chronic dampness. Repair all Floors, Walls, Ceilings ➢ Emergency information is not posted. Posting of 410.481 Owners name is required. Tenant does not have j Re: Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 Landlord/Owners contact information. An owner of a dwelling which is rented for residential use, who does not reside therein and who does not employ a manager of agent or such dwelling who resides therein, shall post and maintain, on the interior of such dwelling in a location visible to the residents, not less than 20 square inches in size, bearing the name, address and telephone number. Post owners/or managing trustee's, ►came,phone number•, and address, on wall, visible to all tenants. Cc: ➢ Owner : Charles and Sudha Camirand, 101 Shiloh Street,Branson, MO.65616 ➢ Ralph Allen, 119 High Street,North Andover,MA. 01845. ➢ Gerald Brown—Inspector of Buildings ➢ Peter Murphy- Electrical Inspector ➢ Richard Danforth—Plumbing Inspector ➢ Susan Sawyer—Director—Health Deparhnent Y File 1 eA'e ve- btu r Charles Camirand 119 High Street North Andover, MA 01845 603-670-5858 Town of North Andover Health Department Order Letter Issues: 1. No Carbon Monoxide detectors were found in the apartment,tested fire detectors did not test properly. Response: I will buy 2 carbon monoxide monitors and install them in the basement within 5 days of our next phone conversation. I will submit a receipt for these detectors and pictures of placement. I will also replace the batteries and test the fire detectors,or replace the smoke detector units and a receipt will also be submitted along with video and sound that they are functioning. After installed I will call fire department for Inspection on these items and request documentation. Upon receipt of documentation, I will submit the report from fire department. 2. Concerns over"Air Mechanical Ventilation System" �IPA—, kA Response: I will call the Plumbing Inspector to review the concern and get a report from him. I am of the belief that he was there when the system was installed and gave his OK. 3. Concern over the total#of egress in the basement, I will get the documentation from the code and supply you with the total#of exits in the Area. With Diagram and submit the data to you. i(� � f 4a. Concerns over the lack of electrical meters. 4f� Response: I will have the electrical inspector check the meter and the lack of. ✓U-- 4b. Concerns over dryer ventilation. �b Uj I I( wtt"-suyou'oty— Response: I will have the inspector look at the vent and get that report. If negative I will remove the dryer and the washer to alleviate that concern. 5.Concern over the designated units placement of the Water Tank and Furnace. Response: I will have both gas and plumbing inspectors as well as the gas company report on this. kA't VA i (3mr G JIMI 6. Windows are not weather tight Response: I will hire a contractor within a week of contact of this letter and resolve this issue. 7. Missing Baseboards in some areas, Holes in Walls of apartment,floors(linoleum) is separating, due to excessive water damage. Holes in apartment will be repaired be contractor Floors(linoleum)separating from the floor will be addressed with last issue. Refer to last issue. 8. Emergency information is not posted Response: Name and contact information will be place in an obvious place. Last Issue: Water is infiltrating into the kitchen bathroom, bedroom,and living room Very Strong odor of mold and mildew. (Place Linoleum tile here) I will call a professional contractor to evaluate and estimate work to be done and a time line. I will also get detailed space required for work to be done. I will have the contractor test the sump pump itself and report on that as well. I will talk with you directly for solid times on these issues to be resolved and deadlines will be met. My Concerns:Tennant must make the unit available to the inspectors and the contractors, so that the necessary repsg n beade.Tenant must not interfere with any portion of the process, another words let a inspector dress the issues at hand, and not direct the contractors or inspectors to go outside the-s o the work requested by your office. I have reservations about the tenant and will do everything in my power to bring the unit in compliance with your letter. Please contact me ASAP so we can firm up all these date and times, so there is no misunderstanding. Also,we can discuss my responses and edit them if needed to you criteria if necessary. Also I am going to request of any and all work done by my contractors to have a before and after pictures and video to submit to your office.All receipts and any detailed items will also be submitted to show evidence of purchase and installation, or resolution of the issues address in your letter. Once again, I appreciate your direction and help in this matter and want it resolved quickly, and without further issue. Please call me with any and all questions. Thank You Charles Camirand 603-670-5858 pORTy O�tt�ao ,6'9q.0 _ Town of North Andover 1600 Osgood Street o Bldg.20,Suite 2-36 9SSgCHUSENorth Andover,MA 01845 Phone: 978-688-9545 Fax: 978-688-9542 Gerald Brown,Inspector of Buildings October 28,2011 Charles E. Camirand II 101 Shiloh Street Branson,MO 65616-7724 Reg: 119 High Street,North Andover,MA 01845 Dear Mr. Camirand, Please be advised,a recent visit to your property revealed that a Building Permit was never issued for the illegal basement dwelling unit and that renovations are being done to the interior of your home. The Massachusetts Building Code 780 CMR 105.1 Permit Applications: (It shall be unlawful to construct, reconstruct, alter,repair, change use occupancy;which is regulated by 780CMR without first filing a written application with a building official and obtaining the required building permit and all other required permits therefore). Occupying a structure without a Certificate of Occupancy is a violation of the Massachusetts Building code 780CMR,and the Town of North Andover Zoning Bylaw. You must discontinue this illegal use and Occupancy and remove the illegal apartment immediately and obtain a building permit for renovations. Thank you for your attention to this matter. If you have any questions,please call the office of the Building Department at 978-688-9545. Very truly yours, 9 Gerdid Brown,Inspector of Buildings Building Department cc: Curt Bellavance/Comm.Development Susan Sawyer/Health Dept. mi/Desktop/Gerry DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Wednesday, October 26, 20119:15 AM To: Brown, Gerald; Murphy, Peter; Danforth, Rick; Sawyer, Susan Cc: Grant, Michele Subject: Housing -ORDER LETTER- 119 High Street, North Andover- 10/25/2011 Attachments: 20111026082322359.pdf Hello all, Attached is a scanned copy of an order letter re:119 High Street,North Andover,with multiple violations. You have all been copied in on this. The original was sent certified mail to the owner,and copied to the tenant. Please follow-up with Michele if you have any questions. Thank you for your assistance. Vias RC9464, Pamela DelleChiaie Departmental Assistant I Community Development I Health Department Town of North Andover 1600 Osgood Street I Bldg 20 1 Suite 2-36 North Andover,MA 01845 Office-978-688-9540 Fax-978-688-8476 Email-pdellechiaie@townofnorthandover.com -16 Website http://www.townofnorthandover.com/Pages/index "We can never see the path of our life if we are too busy focusing on the pebbles under our feet."--Anonymous i Town of North Andover No pry Office of the Health Department : •'�° '�'' Community10- Development and Services Division 1 41 . 1600 Osgood Street '►t0; ss�. + North Andover,Massachusetts 01845CH S1CNU5 Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-9542-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter 11, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: October 25,2011 To Owner of Record: Property Location: Charles Camirand Ralph Allen Sudha Camirand 119 High Street 101 Shiloh Street North Andover, MA 01845 Branson. MO. 65616-7716 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on October 6, 2011 This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter I1, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(D days from the receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. ffichele—E. Grant Public Health Inspector [BOARD O APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 I� Re: Property: 119 High Street From: North Andover Board of Health Date:October 25,2011 ORDER LETTER An authorized inspection of 119 High Street was performed by Board of Health staff at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven (7) days of receipt of this Order Letter, or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. The apartment may not be occupied until a certification of compliance has been issued by the Board of Health. Regulatory Re-Inspection Violation Reference ➢ No Carbon Monoxide detectors were found in the 410.482 apartment. Tested fire alarms, did not test properly. Owner shall provide, install, and maintain in operable condition smoke detectors and carbon monoxide alarms in every dwelling that is required to be equipped with smoke detectors and carbon monoxide alarms in accordance with any provision of Mass General Laws, Install detectors and alarms. Contact fire department to inspect. ➢ Water is infiltrating into the kitchen bathroom, bedroom, and living room. VERY strong odor of 410.500 Mold and Mildew. Every owner shall maintain the foundation, floors, and walls. Hire a professional contractor to determine where foundation is faulty, and submit a written proposal of work to be peiforfned to the Health Department. ➢ Concerns over"Air Mechanical Ventilation System" 410.202 Refer to the North Andover Plumbing hgpector. Re: Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 ➢ Concerns over total number of egress's in the 410.450 basement apartment. Refer to the North Andover Building Department ➢ Concerns over the lack of number of Electrical 410.354 meters. ➢ Concerns over proper dryer venting. Refer to the North Andover Electrical Department ➢ Concerns over the designated units and placement 410.200 of the Water Tank and Furnace. Refer to the Nortlt Andover Gas/Plambhig Department Windows are not weather tight. 410.541(A)(4c) Weather Tight Elements: A window shall be weather tight only if: the window sash is sufficiently well-fitted such that, without weather stripping, the space between the window sash and the prime window frame is no larger than 1/16 inch at any point on the perimeter. Repair all windows to the mi dinunt standards of the housing Code. y Missing baseboards in some areas throughout 410.500 apartment. ➢ Holes in walls of apartment ➢ Floors (Linoleum) is separating from the floor, due to excessive water damage. Owner's responsibility to maintain structural Elements. Every owner shall maintain the foundation, floors,walls, ceiling, roof, staircases, porches, chimneys, and other structural elements of his-dwelling so that the dwelling excludes wind, rain and snow, weather tight and free of chronic dampness. Repair all Floors, Walls, Ceilings ➢ Emergency information is not posted. Posting of 410.481 Owners name is required. Tenant does not have Re: Property: 119 High Street From: North Andover Board of Health Date: October 25,2011 Landlord/Owners contact information. An owner of a dwelling which is rented for residential use, who does not reside therein and who does not employ a manager of agent or such dwelling who resides therein, shall post and maintain, on the interior of such dwelling in a location visible to the residents, not less than 20 square inches in size, bearing the name, address and telephone number. Post owuerslor managing trustee's, name,phone number, and address, on wall, visible to all tenants. Cc: ➢ Owner: Charles and Sudha Camirand, 101 Shiloh Street, Branson, MO.65616 ➢ Ralph Allen, 119 High Street,North Andover,MA. 01845. ➢ Gerald Brown—Inspector of Buildings ➢ Peter Murphy- Electrical Inspector > Richard Danforth—Plumbing Inspector ➢ Susan Sawyer—Director--Health Department Y File VY) r rCunC,**�D Yb 5� , CUA 119 HIGH STREET 067.0-0073 Complaint Detail Report Printed On:Tue Oct 04,2011 Complaint#: CT-2012-000023 Status: In discovery GIS#: 4261 !Violator: CAMIRAND, SUDHA&CAM yw�txn, Address: •119 HIGH STREET -Map:---+067.0 ;Address: 119 HIGH STREET • Date Recvd.: Oct-04-2011 Time Recvd.: I'12:35 PM Block: 0073 NORTH ANDOVER,MA 018 - 1- r.. - — ------! • Category:-- __ g GeoTMS Module: B f Health. Di strict: IT yP e__ Residential - __ _ _ - !Trade: Recorded By: jPamela DelleChiaie-__- - - Zoning: --_ Structure Description: Complaint: Ralph Allen,tenant at 119 High Street-978-935-8834-called about water coming into his basement apartment,and the sump pump is broken. The kitchen and bedroom were flooded. There is mold in the baseboard. He has been a tenant since May of this year. He has contacted the landlord about these issues many times, and has not gotten a response. Also,the landlord lives in Missouri. Landlord's phone number is:603-670-5858. i Jessie-contact person regarding housing issues for landlord. He lives in the apartment above. Mr.Allen did not have his number offhand. Please call Mr.Allen to schedule a time for housing violation inspection. ctor Assigned to Complaint:Imichele Grant a nh ontacts �\ Contact Type Date Time Name Phone Best Time To Reach Recorded By Response Tenant Oct-04-2011 12:35 PM Ralph Allen (978)935-8834 Q Pamela DelleChiaie Follow-Up by Health Inspector Accons Taken eoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL v ► 1 do6"le,W"0A CtA&-1�1 Car s ✓� l� l « elk- I 6 L; AL M eu M yj,�,ut C1-7t/ 1�5 crnrn r\ u-h GeoTMS®2011 Des Lauriers Municipal Solutions, Inc. Page I of 1 / COMPLETE 1N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete 5 A. S tune N item 4 if Restricted Delivery is desired. ❑Aged ■ Print your name and address on the reverse X 11PAddressee so that we can return the card to you. B. Received by(Printed N C. a f D livery 1 ■ Attach this card to the back of the mailpiece, or on the front if space permits. # U 1 D. deiive�,A$c�60dit'i Rem ?'13 Y 1. Article Addressed to: YES,enter delivery address below: 0 C u1 NOV u r D TOWN OF NORT14 ANDOVER 3. rtMed Mail ❑Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 6 IIIYYY 4. Restricted Delivery?F-xtra Fee) ❑Yes r 2. Article Number n © /d�D�D/���D �� D r from service lobe UNITED STATES POSTAL SERVICE �._ first-Class. lail a; . �..,;�r :...•,. ,o�t+age,&"l Ae�si�'aid • Sender: Please print your name, address, and ZIP+4 in this box • NORTH ANDOVER HEALTH DEPT. 1600 Osgood Building 201 Suite 2-36 N0011 Andover, MA 91 X46 iliFiiFfi��l Ff lifliFlitfiiifiit�{SFifif{iiFf if ii�f FiFij�if FiF l'rcom m< "' irr North Andover Board of Assessors Public Access Page 1 of 1 NORTH rfh Andover Board. of Assessors Of s��ae,♦�'�'O 4 # SS�C14U roperty Record Card Parcel ID:210/067.0-0073-0000.0 FY:2011 Community : North Andover Click on Sketch to Enlarge Click on Photo to Enlarge T,�J • • d �5 • 119 HIGH STREET Location: 119 HIGH STREET Owner Name: CAMIRAND,SUDHA CAMIRAND,CHARLES Owner Address: 119 HIGH STREET City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood: 5-5 Land Area: 0.17 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 2075 sqft . . _ PRFVIOUSYEAR Total Value: 297,500 299,500 Building Value: 141,500 143,500 Land Value: 156,000 156,000 Market Land Value: 156,000 IChapter Land Value: LATESTSALEi Sale Price: 1 Sale Date: 11/03/2006 Arms Length Sale A-NO-FAMILY Grantor: CAMIRAND,SUDHA Code: Cert Doc: Book: 10475 Page: 248 1i httn://csc-ma.us/PROPAPP/disniay.do?linkld=1704935&town=NandoverPnhAcc 10/4/2011 Residential Property Record Card PARCEL ID:210/067.0-0073-0000.0 MAP:067.0 BLOCK:0073 LOT:0000.0 PARCEL ADDRESS:119 HIGH STREET FY:2011 PARCEL INFORMATION Use-Code: 101 Sale Price: 1 Book: 10475 Road Type: T Inspect Date: 05/14/2003 Tax Class: T Sale Date: 11/03/06 Page: 248 Rd Condition: P Meas Date: 05/14/2003 Owner: Tot Fin Area: 2075 Sale Type: P Cert/Doc: Traffic: M Entrance: C CAMIRAND,SUDHA Tot Land Area: 0.17 Sale Valid: A Water: Collect Id: RRC CAMIRAND,CHARLES Grantor: CAMIRAND,SUDHA Sewer: Inspect Reas: C Address: 119 HIGH STREET Exempt-B/L% / Resid-B/L% 100/100 Comm-13/11/6 Indust-B/L% / Open Sp-B/L% / NORTH ANDOVER MA 01845 RESIDENCE INFORMATION LAND INFORMATION Style: CO Tot Rooms: 8 Main Fn Area: 1475 Attic: NBHD CODE: 5 NBHD CLASS: 5 ZONE: R4 Story Height: 2.00 Bedrooms: 4 Up Fn Area: 600 Bsmt Area: 875 Seg Type Code Method Sq-Ft Acres Influ-Y/N Value Class Roof: G Full Baths: 2 Add Fn Area: Fn Bsmt Area: 1 P 101 S 7547 0.170 156,033 Ext Wall: AV Half Baths: Unfin Area: Bsmt Grade: DETACHED STRUCTURE INFORMATION Masonry Trim: Ext Bath Fix: 0 Tot Fin Area: 2075 Str Unit Msr-1 Msr-2 E-YR-1131t Grade Cond%Good P/F/E/R Cost Class Foundation: CN Bath Qual: T RCNLD: 139805 PA S 177 0.00 1999 A A /50//47 1,700 1 Kitch Qual: T Eff Yr Built: 1962 Mkt Adj: Heat Type: HW Ext Kitch: Year Built: 1950 Sound Value: VALUATION INFORMATION Fuel Type: G Grade: A Cost Bldg: 139,800 Current Total: 297,500 Bldg: 141,500 Land: 156,000 MktLnd: 156,000 Fireplace: 0 Bsmt Gar Cap: Condition: A Aft Str Va11: Prior Total: 299,500 Bldg: 143,500 Land: 156,000 MktLnd: 156,000 Central AC: N Bsmt Gar SF: 455 Pct Complete: Aft Str Va12: Aft Gar SF: %Good P/F/E/R: /100/100/72 Porch Tyje Porch Area Porch Grade Factor W 254 SKETCH PHOTO W 8 224 SgFt $ FU 600 SgFt 24 24 FM 34 1475 SgFt ■■ 49 sc B B , 3U 6ft 45S Sq 42OSqJt 3 q en 435 35 35 25 119 HIGH STREET $h 11 2S 12 Parcel ID:210/067.0-0073-0000.0 as of 10/4/11 ! 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A•,�,. .iy�'^M,R.�� . �. ... r- 72o�� REQUEST FOR CRIMINAL COMPLAINT FOR STATE SANITARY CODE VIOLATIONS (� \ U Q, To any Justice or Clerk-Magistrate of the Northeast Housing Court: Michele Grant North Andover Health Department on behalf of the Commonwealth, on oath complains that: Charles Camirand and Sudha Camirand was and is the owner of residential premises located at I 119 High Street,North Andover,Mass. ; On October 2011 a representative of the North Andover Health Department _____________----------------- Program inspected the said premises and determined that the dwelling did not comply with the provisions of Article II of the State Sanitary Code, 105 C.M.R. , §410 . 000; October 25 2011 pursuant to §410 . 832 - On 833 of the Code, the defendant was served with a written order to comply; On November 14 2011 and f rom day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this Complaint; all in violation of State Sanitary Code, 105 C.M.R. , §410 . 910-920, and the public health law, Gen.L. c. 111, §127A, and the defendant did so willfully, intentionally, recklessly or repeatedly. I March 7th,2012 Michele Grant Town of North Andover Date: Complainant: Assigned for hearing on , 20 at o' clock. On hearing (Complainant) (Defendant) (both parties) (neither party) , I find no probable cause for the Complaint . Process shall not issue. On hearing (Complainant) (Defendant) (both parties) (neither party) , and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find probable cause, and order summons to issue returnable Date: Clerk-Magistrate Grant, Michele From: lou@gambardellalaw.com Sent: Friday, December 09, 2011 11:27 AM To: Grant, Michele Subject: Charles Camirand-119 High Street Dear Ms. Grant: As per our telephone conversation on yesterday's date, this e-mail will serve as a formal request for a thirty day extension to address the repair issues raised in your letter to Mr. Camirand dated October 25, 2011. Thank you for your anticipated cooperation in this matter. Louis L. Gambardella Law Offices of Louis L. Gambardella 600 West Cummings Park, Suite 3050 Woburn, MA 01801 781-938-0336 781-938-5592 Fax IouCabgambardellalaw.com Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:htto://www.sec.state.ma.us/ore/preidx.htm. Please consider the environment before printing this email. 1 Free People Search I WhitePages Page 1 of 1 Charles E Camirand (978)208-8990 119 High St North Andover, MA 01845-1600 Age:45-49 ♦1 Claim It! » Are you Charles?Edit your info. Connect with your neighbors. Sunon st 1toY� 7 N ed � bn Pc,' or M f North ,over 2011 Microsoft Corporation., m 2010 NAVtEQ O AND http://www.whitepages.com/search/Replay?lower=l&more info=l&search id=24041451... 10/4/2011 PopleSmart- Report Page 1 of 2 R Contact Report Report Expiration Sudha Camirand September 28, 2012 Name Sudha Camirand Age 56 Date of Birth 5/15/1955 Phone Number 978-682-1239 Additional Phone 978-208-8990 Numbers Most Recent Address 3 Walker Rd,Apt 6, North Andover, MA 01845-1945 Aliases/Name Variations Sudah Camirand 5 addresses were found Address City, State,Zip Phone Added Updated 3 Walker Rd,Apt 6 North Andover, MA 01845-1945 978-682-1239 4/2011 3 Walker Rd,Apt 5 North Andover, MA 01845-1944 978-682-1239 6/1996 7/2007 380 Main St,Apt 2 Wilmington, MA 01887-3654 10/1995 10/1995 101 Shiloh St Branson, MO 65616-7724 http://my.peoplesmart.com/psp.aspx?_act=RptPrint&ReportID=4708078 3/28/2012 WopleSmart- Report Page 2 of 2 119 High St North Andover, MA 01845-1600 978-208-8990 Possible Relatives 2 possible relatives were found Name Age Address Charles E Camirand II i Lillian E Camirand http://my.peoplesmart.com/psp.aspx?_act=RptPrint&ReportID=4708078 3/28/2012 i BK 5706 PG 337 UNIT DEED I, BARBARA G. TRONCA, of North Andover, Essex County,Massachusetts For Consideration of EIGHTY-ONE THOUSAND($81,000.00)and 00/100 DOLLARS Grant to SUDHA CAMIRAND, of North Andover, Essex County, Massachusetts, Individually with quitclaim covenants Unit No. 6 of the Meadow View Condominium created by Master Deed dated August 21, � OJ 1981 and recorded in the Essex Northern District Registry of Deeds in Book 1527, Page 321,as may be amended. �o The Post Office Address of the unit is 3 Walker Road,North Andover,Massachusetts, 01845. The unit is shown on a plan recorded with the first CTT P deed,to which is affixed a verified statement in the form provided by G. L. c. 183A §. 9,and is conveyed subject to and with the benefit of obligations,restrictions,rights and liabilities contained in G. L. c. 183A, the Master Deed,the documents establishing the organization of unit owners and the By- Laws as amended of record. MAR 24'00 PH3:28 L Each of the units in the Condominium is intended for residential purposes and such other OP uses as are set forth in the Master Deed. The undivided percentage interest of the unit in the common areas and facilities is a .61717%. ga- Subject to existing covenants, easements,encroachments,conditions,restrictions, and $' agreements affecting the property. C3 Being the same premises conveyed by deed dated September 2, 1999, and recorded in the Essex North District Registry of Deeds in Book 5547, Page 82. • Bks 5706 PG 338 WITNESS my hand and seal this 24`"day of March, 2000 • V ZTOA7 Bar ara G. Trona COMMONWEALTH OF MASSACHUSETTS Essex,ss. March 24,2000 Then personally appeared the above-named Barbara G. Tronca and acknowledged the foregoing instrument to be her free act and deed before me, "' 8 ;A � aotary blic ` �� f11 C" &11<,Cf�/ 41 mmission Expires: 2l0 0 1�1 r.. z M z rn Frees People Search I WhitePages Page I of 1 WhitePages r z; . Advertisement:Reconnect with ! ,la Advertisement:See profiles and photos for at MvLife.com Charles E Camirand II 101 Shiloh St Branson, MO 65616-7724 t1 li I ! » o. Connect with your neighbors. 4 IX S�zlOhSt c $0 Run RQ 9 2015 t4im-if[Corp r-n- J 2010 NAVTEO D AND http://www.whitepages.com/name/Charles-E-II-Camirand/Branson-MO/I cch24d 10/4/2011 Corliprehensive Details - PeopleSmart Page 1 of 2 peoptesmart Home Search Upgrades a credits Your Reports Your Account sign out <.Search results Contact Information Basic Profile + Charles Camirand ✓ Previous Addresses 3, 1614'Full'Results ✓ Neighbors+Relatives Name: Charles Camirand Public Records Age: 75 Address: 10 Lisa St ✓ Criminal Records Burlington,MA 01803 (Most recent address was added on:2010) ✓ Bankruptcies Phone Number: 781-272-3248 ✓ Employment History 617-272-3248 ✓ liens+Judgements Criminal Records: Click here to run check J Previous Address: 1 available ✓ ✓ Real Estate+Property Name Appears As: Charles E Camirand,Charles E Camirand 2,Chas Camirand,Chrles E ✓ Business Ownership Camirand Possible Relatives: Charles E Camirand II,Lillian E Camirand,Paul T Camirand,Sudha Camirand Claim Your Identity Possible Associates: Patti Annette Newkirk Are you Charles? If so,dirk hereto view your Email Addresses '' personal background report for FREE when you join IdentitySmart. c****(werizon.net Charles Camirand 11� 10Lisa St IdentitySmart Bu Burlington,MA 01803-1108 idtyFbree' View Map c****Overizon.net Charles Camirand 10 Lisa St Burlington,MA 01803-1108 View Map c****gbaxx.cxx Charles Camirand 10 Lisa St Burlington,MA 01803 View Map Work Information Name Company/Title Email Phone Complete Details Charles Camirand Sofad ✓ ✓ Project Coordinator,Mathematics Charles Camirand Justice ✓ ✓ Tax Law http://my.peoplesmart.com/psp.aspx?_act=PeopleDetail&Personld=000355246032&FulIN... 10/6/2011 Coinprehensive Details - PeopleSmart Page 1 of 2 peoplesmu` Home Search Upgrades o Credits Your Reports Your Account sign out Search results Contact Information Basic Profile Charles Camirand 7, J Previous Addresses )�Ull Results ✓ Neighbors+Relatives Name: Charles Camirand Public Records Age: 50 Address: 119 High St J Criminal Records North Andover,MA 01845 (Most recent address was added on:4/2006) J Bankruvtcies Phone Number: 978-208-8990 J Employment History 617-272-3248 J Liens+Judgements Criminal Records: Click here to run check J Previous Addresses: 7 available ✓ ✓ Real Estate+Property Possible Relatives: Charles E Camirand Il,Lillian E Camirand,Paul T Camirand,Sudha J Business Ownership Camirand Possible Associates: Della V Cameron Claim Your Identity Email Addresses Are you Charles? If so,dick here to view your c—Overizon.net Charles Camirand personal background report for 10 Lisa St FREE when you join IdentitySmart. Burlington,MA 01803-1108 View Map ident>itySmwt i�,utsFircc c—*Ovxxxxxx.nxx Charles Camirand 10 Lisa St Burlington,MA 01803 View Map c--Oaxx.cxx Charles Camirand 10 Lisa St Burlington,MA 01803 View Map Work Information Name Company/Title Email Phone Complete Details Charles Camirand Sofad ✓ ✓ Project Coordinator,Mathematics Charles Camirand Justice ✓ ✓ Tax Law Social Networks http://my.peoplesmart.com/psp.aspx?_act=PeopleDetail&Personld=000355253232&Fu11N... 10/6/2011 Comprehensive Details - PeopleSmart Page 1 of 2 peoplesmart Home Search Upgrades o Credits Your Reports Your Account Sign Out a Search results Contact Information Basic Profile + Sudha Camirand J Previous Addresses J Neighbors+Relatives Name: Sudha Camirand Public Records Age: 56 Address: Available V J Criminal Records (Most recent address was added on:2/2008) J Bankruptcies Phone Number: Available d J Employment History Criminal Records: Click here to run check V J Liens+Judgements Previous Addresses: 4 available J Real Estate+ProperSy Name Appears As: Sudah Camirand J Business Ownership Possible Relatives: Charles E Camirand II,Lillian E Camirand J Email Addresses Claim Your Identity None Available Are you Sudha? If so,Dick here to view your personal background report for FREE,when you join IdentitySmart. Work Information lderitltySmut Name Company/Title Email Phone Complete Details trxvctvFSrea" Sandra Camirand Sunset Vacation Rentals J ✓ Owner Manzanita,OR Social Networks View social network profiles for Sudha Camirand First you must give us permission to run the search(no one is notified). :.; •,,� Click here to view Facebook results - ttAliC� Click here to view Twitter results Linked®. Click hereto view Linkedln results 41 Why is this step a Click Here to View Full Contact Information and Public Records http://my.peoplesmart.com/psp.aspx? act=PeopleDetail&Personld=000355022043&Fu11N... 10/6/2011 Real estate listings Page 1 of 2 BE/ll.TOR.conr Official Site of the i�� 119 National Association of REALTORS'O.. II�A1fON' 119 High Street North Andover, MA 01845 Estimated Value $309,315 4 Beds 1 2 Baths 12,075 Sq Ft 1 0.17 Acres ©2011 Microsoft Corporation Pictometry Bird's Eye©2010 Pictometry International Cor Pictometry Bird's Eye @2010 MDA Geospatial Services Inc. Property Details Beds 4 Bed Baths 2 Bath House Size 2075 sq ft Lot Size 0.17 Acres Estimated Value $309,315 Value/sgft $149 Property Type Single Family Home Year Built 1950 Neighborhood Not Available Style Not Available Stories 2 Sales History _ Date Price Source Jun 28, 2002 $299,900 Public Records Tax History Year Tax Paid Building Assignment Land Assignment Total Assignment 2011 $4,022 $141,500 $156,000 $297,500 2010 $3,816 $143,500 $156,000 $299,500 2009 $3,984 $164,400 $174,400 $338,800 Source: Public Records. The Property Price and Tax history data displayed is obtained from public records and/or MLS feeds from the local jurisdiction in which the applicable property is located. As REALTOR.com®cannot guarantee that all public records and MLS data is accurate and error-free, it is important that you contact your REALTOR® directly in order to obtain the most up-to-date information available. http://www.realtor.com/print/Default.aspx?mprid=4829827851 10/6/2011 Real estate listings Page 2 of 2 Map CP IS r 125 /� - f`/ ��4. Ir `'f..:''�`�'�'+yL1. B�'•.'fin lA'r ',1; �'1., �'�' +�,"="� ���, ,'�� � `� ,fi e ' Town Of North 6rtigans ;C Fs'c!d �� r( -/,Andover 1v 7 r �'+ `0 1'`r 3' v; o h \ - - $�i�x_. 2010NavteEt 9 2011 lNicrosaK Formatted for easy printing so you can take this with you. Remember to say you found it on REALTOR.com®. This information has been secured from sources we believe to be reliable, but we make no representations or warranties, expressed or implied, as to the accuracy of the information.You must verify the information and bear all risk for inaccuracies. http://www.realtor.com/print/Default.aspx?mprid=4829827851 10/6/2011 Free People Search I WhitePages Page I of 2 WhitePages Advertisement:Reconnect with .............. ... . .......... . ................ ........... ........... I X Mom is 57, Mom is 57,Body Looks 27 Body Looks North Andover:Mom Cut 12 Lbs in 27 Just 4 Weeks by Using This 1 Weird Trick! ..................................................................................... ................................... North North Andover:Mom Makes Andover: $77/Hr Online Mom Makes Out of Job Mom Makes$7,487/Month $77/Hr Working Online. Online .......... ........................................... -......................................................... ........... I IX, 51-Year-Old .51-Year-Old Mom Looks 25 i Mom Looks i North Andover:Mom Reveals$5 25 !Wrinkle Secret That Has Angered Doctors! ...............................................................................................................................................: Advertisement:See profiles and photos for at MyLife.com Charles E Camirand 11 101 Shiloh St Branson, IVIO 65616-7724 Claim It! Are you Charles? Edit your info. Connect with your neighbors. -:-:S.fiiloh St:.N Bull Run Ln WhitePages on your Android phone. Get the FREE app today! pages http://www.whitepages.com/name/Charles-E-II-Carnirand/Branson-MO/I cch24d 10/6/2011 North Andover Board of Assessors Public Access Page 1 of 1 NORTH rt Y Andover er Voard of Assessors ?O�,a�ao a 1ti0 1SS�CHroperty Record Card Parcel ID :210/067.0-0073-0000.0 FY:2011 Community : North Andover / 1 Click on Sketch to Enlarge Click on Photo to Enlarge qrz=t• s a i • t 119 HIGH STREET Location: 119 HIGH STREET Owner Name: CAMIRAND,SUDHA CAMIRAND,CHARLES Owner Address: 119 HIGH STREET City: NORTH ANDOVER State: MA Zip: 01845 Neighborhood:5-5 Land Area: 0.17 acres Use Code: 101-SNGL-FAM-RES Total Finished Area: 2075 sqft CURRENT YEAR PREVIOUS Total Value: 297,500 299,500 Building Value: 141,500 143,500 Land Value: 156,000 156,000 Market Land Value: 156,000 Chapter Land Value: LATEST SALE Sale Price: 1 Sale Date: 11/03/2006 Arms Length Sale A-NO-FAMILY Grantor: CAMIRAND,SUDHA Code: Cert Doc: Book: 10475 Page: 248 http://csc-ma.us/PROPAPP/display.do?linkld=1704935&town=NandoverPubAcc 10/6/2011