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Home My WebLink AboutMiscellaneous - 260 MARBLERIDGE ROAD 4/30/2018 (2)V� . I cn aN m ,oj fl Cr F - (D 0 r 0 I--,' eel IA4- (2-7 cy 5 Z, 74- -5 e, "'4' w -2P 3 r,3 C7 d Ll C -.--,- -Z 2008 Received? 260 Marbleridge Road - Compliance Reports Reports from Cashins & Assoc. via Hyatt & Hyatt (Armand) Jan 1/7/08 - Faxed - Feb allqloe— c -l/'31 - Left Message @ noon Mar 3/31 - Left Message @ noon.,/ Apr WWI -W-) May Jun Jul Aug Sep Oct Nov Dec North Andover Board of Assessors Public Access 2 i� - "14 4r� . -44 Page I of 1 Parcel ID: 210/037.D-0014-0000.0 Community: North Andover SKETCH Click on Sketch to Enlarge F PHOTO N 0 P '1'*' i u r Availabixe, Location: 260 MARBLERIDGE ROAD Owner Name: AVERKA REALTY TRUST JOSEPH J. AVERKA, TRUSTEE Owner Address: 260 MARBLERIDGE ROAD City: NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 8 - 8 Land Area: 1.22 acres Use Code: 101 - SNGL-FAM-RES Total Finished Area: 2275 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 531,400 496,300 Building Value: 313,000 294,000 Land Value: 218,400 202,300 Market Land Value: 218,400 Chapter Land Value: LATESTSALE Sale Price: 525,000 Sale Date: 12/22/2003 Arms Length Sale Code: Y -YES -VALID Grantor: HICKEY, THOMAS Cert Doc: Book:08479 Page:0064 http://csc-ma.us/NandoverPubAcc/J*sp/Homejsp?Page=3&Linkld=803264 10/26/2006 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. 06 — H77 — CV — 000140 North Andover Board of Health, plaintiff V. Joseph Averka, defendant STIPULATION BY CONSENT OF THE PARTIES The parties in the above -captioned case jointly consent, agree and stipulate that there has been sufficient ongoing evidence of the Defendant's compliance with his responsibility to maintain the residential premises at 260 Marble Ridge Rd, North Andover, Massachusetts as safe, sanitary and fit for human habitation since the onset of the obligations imposed by this Court, and that, therefore, it is duly appropriate that the within case should be DISMISSED WITHOUT PREJUDICE by this honorable Court, forthwith. Zjbr� Plaintiff" Dated this 12'h day of May, 2010. Defendant: Joseph Averka By his 0__*1_ Armand 14. Hyatt, BBO # 246280 HYATT & HYATT 8 Jackson Court Lawrence, MA 0 1840 (978) 688 — 3521 HYATT & HYATT Attorneys and,Counselors at Law EIGHT JACKSON COURT Lawrence, Massachusetts 01840 Wilbur A. Hyatt (Ad Memoriam) Armand M. Hyatt * * Admitted in Massachusetts, California and New Hampshire May 18, 2010 A TTN. Clerk Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence, MA 0 1840 Re: Town of North Andover vs. Joseph Averka Docket Nos: 06H77CV000140 and 06H77CV000155 Dear Madam/Sir: tel. (978) 688-3521 fax (978) 689-8977 MAY 19 2010 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Enclosed herewith please find two (2) Stipulation By Consent Of The Parties relative to both above -captioned docket numbers. Further be advised that both of these matters were scheduled for a Hearing pursuant to Rule 41(a)(2) on Ma -v 20, 2010 (i� 11:00 a.m. When I spoke with Mary of your office this morning, she advised me that she would remove these matters from the docket due to the fact that the Stipulations are being forwarded. Please check to make sure that they were indeed removed from the docket. Kindly file both Stipulations in the usual and appropriate manner. If you have any questions or need further information please feel free to contact this office at anytime. incerely, helanien Legal Assistant /dr Enclosures as indicated Cc: Susan Sawyer, North Andover Board of Health Vw Sawyer, Susan From: tat.boh@comcast.net Sent: Tuesday, April 20, 2010 8:36 PM To: Sawyer, Susan Cc: Rees, Mark Subject: Re: Joe Averka I don't have a problem with allowing the dismissal. I think it has been close to two years. I think it would be important to make the point that we are still interested in Mr Averka's compliance, and violations in the future will be addressed vigorously. Tom ----- Original Message ----- From: "Susan Sawyer" <ssawyer@townofnorthandover.com> To: "tat. bo h@com cast. net" <tat. boh@comcast. net>, "Mark Rees" <m rees@townofno rthand over. com > Sent: Tuesday, April 20, 2010 3:55:43 PM GMT -05:00 US/Canada Eastern Subject: Joe Averka I received the attached from the Northeast Housing court. It appears that the Attorney for Mr. Averka is requesting dismissal. I will attend the May 20th hearing. I was unaware this request was coming. We had been receiving our regular reports and all has been satisfactory. Do you have any opinion in this case that I should convey to the court? Thankyou Susan From: noreply@townofnorthandover.com [mailto:noreply@townofnorthandover.com] Sent: Tuesday, April 20, 2010 4:41 PM To: Sawyer, Susan Subject: Message from KMBT-600 Commonwealth of Massachusetts Housing Court Department Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence, MA 01840 (978)689-7833 Susan M Trippi Clerk Magistrate Re: Town Of North Andover Susan Sawyer Vs: Joseph Averka No: 06H77CV000155 Hon. David D. Kerman First Justice Date: April 14, 2010 Notice of MRCP Rule 41 (a) (2) Hearing The above case will be called for hearing to determine whether the case should be dismissed without prejudice under IVIRCP Rule 41 (a) (2), for lack of prosecution: Date: 05/20/2010 Time: 11:00 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 #07 cc Hyatt, Esq., Wilbur A 246320 8 Jackson Court Lawrence MA 01840 Town Of North Andover Susan Sawyer 1600 Osgood Street, Bldg. 20 Health Department NORTH ANDOVER, MA 01845 DelleChiaie, Pamela From: Sawyer, Susan Sent: Friday, October 09, 2009 11:56 AM To: DelleChiaie, Pamela Subject: FW: 260 Marbleridge Road home of Joseph Averka Attachments: Fitness for Human Habitation - expert opinion.pdf Pls print for the file. Thx S From: Armand Hyatt [mailto:ahyatt@lcworks.org] Sent: Wednesday, October 07, 2009 3:43 PM To: Sawyer, Susan; Diane Ranieri, Legal Assistant Subject: 260 Marbleridge Road home of Joseph Averka Susan --- Before I had a chance to respond to your e-mail sent on September 22 d (below), Bob Cashins called me and told me he'd take care of sending you the requested information (i.e. July's report) directly. In case your fax machine is still down, I'm sending you the October report as an attachment (along with a copy of the July report, just in case). Please let me know if this means of transporting the quarterly information would be best. Also, thank you for your condolences on my father's death. My family is truly glad that the physical limitations of his health problems will no longer constrain the joy inherent in his eternal life. Peace, --- Armand Armand M. Hyatt Aitorng at Law Hyatt & Hyatt 8 Jackson Court Lawrence, NIA. 01840 Tel (978) 688-3521 Fax (978) 689-8977 ahyattglcworks.or hvatt,flvnna,rnennet.net metaterraingcomcast.net - MA Law office - NH Law office - personal original message Subject: 260 Marbleridge, North Andover From: "Sawyer, Susan" <ssawyer@townofnorthandover.com> Date: Tue, September 22, 2009 4:03 pm To: "'Lawrence Law Office'" <drhyattlaw@empire.net> -------------------------------------------------------------------------- Hello Attorney Hyatt, I recently checked the file and found that I am missing a copy of the latest review of Mr. Averka's property. I believe you generally fax them, however currently our fax is out of commission. If you would be so kind, could you send me via email, or fax at 978 688- 9542 the last inspection. I have your communication from May, but no other since then. Thank you Susan Sawyer Health Director PS I know this comes late, but we were very sorry to hear of the passing of your father. 2 CASHINS & Associates, Inc. October 5, 2009 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 01840 Subject: Averka Residence Dear Attorney Hyatt: At your request I revisited the home of Joseph Averka located at 260 Marble Ridge Road, North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done onMonday, September 28, 2009. The previous survey was done in June 2009. Conditions in the house are similar to what was found during my last inspection. Mr. Averka has a cleaning person come in daily to help with the cleaning and cat maintenance. The basement was dry. New gutters and down spouts have been installed since my last visit. These improvements should help keep water away from the foundation and hopefully will reduce the basement water issue. There is still some indication of possible mold growth on the basement floor at the bottom of the stairs. The visible mold growth on some floor joists above the old bulkhead stairs is still present. Mr. Averka may need additional help in identifying the reason(s) for the water infiltration if the new gutters do not eliminate the water infiltration. The water leak in the sump. hose has been repaired. The hole in the rear door in the breezeway has been covered. It is clear that Mr. Averka is making an effort to maintain the house interior in an acceptable manner. He has been successful in that effort with the assistance of the cleaning person. The house is safe, sanitary and fit for human habitation. If you have any questions, please call. Sincerely, Cashins & Associ;at�es, IlLn obert F. Cas ins, CIE Vice President C ASHINS& Associates, Inc. hidti,frial Hygdene A. Entironmental Tvq1;qg July 8, 2009 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 0 1840 Subject: Averka Residence Dear Attorney Hyatt: At your request I revisited the home of Joseph Averka located at 260 Marble Ridge Road, North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done on Thursday, June 25, 2009. The previous survey was done in March 2009. Conditions in the house are similar to what was found during my last inspection. Mr. Averka has a cleaning person come in daily to help with the cleaning and cat maintenance. The basement floor was wet. The sump pump hole was full of water but below the floor level. There is still some indication of possible mold growth on the basement floor at the bottom of the stairs. The visible mold growth on some floorjoists above the old bulkhead stairs is still present. The floor at the abandoned bulk head stairs accumulates water that may be creating the moisture needed for mold growth. The mold should be removed and the cause of the water infiltration corrected without delay. Mr. Averka needs help in identifying the reason(s) for the water infiltration and how to solve the problem. The mold will re -grow if the moisture problem is not solved. Mr. Averka has had his house painted. Mr. Averka has hired Jerry LaValle to assist with most of the repair work that has been done. Jerry was present during this survey. It was agreed that Jerry would clean up the water in the basement and repair a leak in the sump pump discharge hose. The hose leak was spraying water on the basement wall and window. There is a large hole in the back door in the breezeway. The hole should be repaired. This would likely involve replacing the door and door frame. It is clear that Mr. Averka is making an effort to maintain the house interior in an acceptable manner, He has been successful in that effort with the assistance of the cleaning person. The house is safe, sanitary and fit for human habitation. If you have any questions, please call. Sincerely, Cashins & Associates, ln� o b ae-&V'sh i -'I HZ Vice President rAQ %-i WLY H I N S & ON' Associates, Inc. 'RINIM' Industrial Hygiene & Enviranmental Testing July 8, 2009 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 0 1840 Subject: Averka Residence Dear Attorney Hyatt: At your request I revisited the home of Joseph Averka located at 260 Marble Ridge Road, North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done on Thursday, June 25, 2009. The previous survey was done in March 2009. Conditions in the house are similar to what was found during my last inspection. Mr. Averka has a cleaning person come in daily to help with the cleaning and cat maintenance. The basement floor was wet. The sump pump hole was full of water but below the floor level. There is still some indication of possible mold growth on the basement floor at the bottom of the stairs. The visible mold growth on some floorjoists above the old bulkhead stairs is still present, The floor at the abandoned bulk bead stairs accumulates water that may be creating the moisture needed for mold growth. The mold should be removed and the cause of the water infiltration corrected without delay. Mr. Averka needs help in identifying the reason(s) for the water infiltration and how to solve the problem. The mold will re -grow if the moisture problem is not solved. Mr. Averka has had his house painted. Mr. Averka has hired Jerry LaValle to assist with most of the repair work that has been done. Jerry was present during this survey. It was agreed that Jerry would clean up the water in the basement and repair a leak in the sump pump discharge hose. The hose leak was spraying water on the basement wall and window. There is a large hole in the back door in the breezeway. The hole should be repaired. This would likely involve replacing the door and door frame. It is clear that Mr. Averka is making an effort to maintain the house interior in an acceptable manner. He has been successful in that effort with the assistance of the cleaning person. The house is safe, sanitary and fit for human habitation. If you have any questions, please call. Sincerely, Cashins & Associates, Inm. 0 be ert ZF./fshins, 4C - Vice President 599 Norlh Avenue, Suite 8 - Wal(efield, MA 01880 - Phone: 781-245-1400 a Fax: 781-245-3100 OBITUARIES Wilbut A. Hyatt, 78 METHUEN — Attorney Wilbur A. Hyatt, 78, of Methuen, died Thursday eve- ning, May 21, 2009, at Holy Family Hospital in Methuen, after being admitted one day, earlier. He was born April 10, 1931. He is survived by his beloved wife for 57 blessed years, Angeh- na Manzi Hyatt, and their seven children and 21 of their 22 grand- children, who affectionately called him "Jiddo" in honor of his Syrian heritage. His children (in order of age) are Attorney Ar- mand Hyatt (wife, Karen), father Martin Hyatt, Saint Basil Semi- nary in Methuen, Nadema Ange- la Gernmell (husband, Douglas) of Windham, N.H; Doctor Peter Hyatt (wife, Maureen) of Windham, N.H., Sofia Elizabeth White (husband; Ian) of Andover; Attorney Franci's Hyatt (wife, Wendy) of Hollis, N.H.; and Doc-' tor Joseph Hyatt (wife, Elizabeth) of Bedford, N.H., together with nephew Jeffrey Hyatt of Law- re.nee, who was like another dear son to his'beloved uncle. His grandchildren (in order of age) were Brett Hyatt, Wesley Hyatt, Wilbur Hyatt, Carter White, Eliz- abeth Gernmell, Peter White, So- fia Hyatt, Aaron Blaise White (living in heaven), Hannah Hyatt, Lucius White, Joseph Emmanuel Hyatt, Douglas Genuriell, Ange- lina Hyatt, Solomon White, Jerina Hyatt, JuliaRyatt, Joseph Martin Hyatt, Micah Wbite,.Daniel Hyatt, Rachel Hyatt, Jude White and' Artemis White. Attorney Hyatt was known by close friends afid family as "Ze- ke," and was also survived by two sisters, Margaret,Barton (wife of ret. Maiie Lt. Col Willis Barton) of Catonville, Md. and Blanche Baderian of Methuen. His deceased brother, Doctor Solomon A. Hyatt formerly of Methuen, died in 1997. "Uncle Zeke",also had scores of beloved ni eces and nephews, many of whom loved to sing, along with him at family gatherings, or even while driving. I � A devout practicing Catholic, Wilbur was d member of Saint Joseph's Parish in Lawrence and for 20 years would also cantor at Divine Liturgies at Saint Basil, Seminary in Methuen (also Mel - kite Catholic), where he addition- ally served as a multi-purpoge volunteer, including several times as Rector, the retrt!at team leader in the dynamic Clursillo movement within the Saint Ba- gil's extended community. He was a Third Order Member of the Basilian Salvatorian Order and a benefactor of the Poor Clare Monastery in Andover. Wilbur had been actively engaged in Lawrence in the general practice of law, including litigation in State and'Federal Courts since his admission to the Mass. Bar in. 1954, until his retirement in 2008. He was among the fraternity of "Bay State Building" practitio- ners for many years until 1981, when the law practice he found- ed, Hyatt & Hyatt, moved into Lawrence's North Common Neighborhood. For more than three decades, Wilbur practiced with Thomas J. 'Burke, who also served as Regis- ter of Deeds for almost the en-' tirety of their association, along with his son, Armand, and also with present Juvenile Court Judge,Patricia A., Flynn and for- mer Lawrence City Solicitor Car- ol Hajjar McGravey; Attorney Angela Tulley (now Angela Zin- zmeister) and Attorney Robert C. Autieri. Wilbur ("Zeke") wag al- ways n ' oted for his sense of warmth and Mediterranean hos- pitality, giving comfort to his cli- ents with a real "kitchen -table" style of law practice, giving all who walked into his office a truly wel- coming feeling, without regard to -the ' status or wealth of the pro- spective client. His generosity of spirit and relaxed approach cer- tainly did not diminish his skills as a brillieflit, thorough and tough negotiator and litigator, however. He was not only highly respected for his dignified demeanor in the courtroom but also for several high -,profile victories in cases ranging from homicide trials to complex 'real estate development litigation. In recognition of Wilbur's ex- cellence and prominence as a lo- cal attorney, he was elected -to serve and did so as President of the Lawrence Bar Association in the late '60s/early-'70s and was awarded its most prestigious Leadership Award in 2008. His dedication to serve all wjithin the Immigrant City of Lawrence was prodigious. Wilbur Hyatt was a founding member --and served as pro bono general counsel to h elp esm tablish—several important Law- rence -based charities: (1) La- zarus House Ministries (Law- rence) (2) Semana Hispana (Law- rence) (3) Plains Community Center (Lawrence) (4) Essex Symphony Orchestra (Andover) (5) Lebanese Community Hous- ing for Elderly (a/lc/a "Cedars Homes") (Methuen) He also de- voted time to public service in the Town of Methuen as chair- man of the Zoning Board of Ap- peals from 1962 to 1969, when was then elected to served on the Board of Selectman for two con- secutive 3 -year terms, from 1970 to 1976, at which point Methuen changed to a Town Manager form of government. For the past 40 years, Atty. Hyatt has been active as an Officer or a Board Member on many other civic, fraternal or charitable organizations, some of which included: Italian -American Toilers, Hamblet Health Club (YMCA) he was a charter mem- ber of its Board of Directors. He has served as an Overseer of the Lawrence General Hospital and as a Member of the Board of Di- rectors of the Basilian Salva.tori- an Order, with its Seminary in Methuen. Attorney Hyatt's legal career has alsoinvolved exten- sive legal work in union labor negotiations for the electrical construction industry, including several appearancesin arbitra- tions at the Department of Labor' s Industrial Relations Councilin D.C. From 1960 until the end of 1992, he was Manager of the Northeast Chapter of the Nation- al Electrical Contractors Associa- tion, dealing with collective. bar- gaining in seven wage areas in Massachusetts, Maine and New Hampshire. As a Negotiator, he helped establish Apprenticeship Programs, Local Pension Plans andHealth and Welf�re Plans in all regions he serviced. He served on the Board of Trustees of these plans and was Secretary/Trea- surer of the.chapter area Nation - a I Electrical Benefit Fund, for electrician-merfibers of the I.B.E.W. nationwide. Wilbur has been a Member of the Board of Directors for- the -Salem Cooperative Bank in Sa- lem, N.H. from 1995 until his passing. He was the founding Chairman,of that bank'saffiliate, Salem,Community Benefit, Inc. He is , also an Officer of the Essex Symphony Orchestra, a special event professional symphony or- chestra based inAndover. As a boy, little Zeke spoke only. Arabic at home, learning to speak English at Tarbox Elementary School in Lawrence, before at- tending Lawrence High School, then Northeastern University, and -finally Boston College School of Law, where he earned his Juris Doctor in law. 'ARRANGEMENTS: His funeral Mass will be celebrated on Monday, May 25, 2009 at 10 a.m. in Saint Joseph's Mefkiie Church In Lawrence. Burial will follow at the Immaculate - Concep- tion Cemetery In Lawrence. Family, and friends may call on Saturday, May, 2009 from 6 to 8 p.m. and Sunday, May 24, 2009 from 2 to 4 and 7 to 9 p.m. at Saint Basil Seminary, 30 East St., Methuen. For online condolences and other information, please go to www.breenfuneralhome.com. In lieu of flowers, memorial contributions may be made to Saint Basil Seminary, 30 Easi St., Methuen, MA 01844. Religion I 'Its, missi*on triop, featuring prayers, Holy Commu- nion gospel and rock Christian music tomorrow, 6 p.m. Sacred Hearts, North Main Street, Bradford*.David Gunter, who will be ordained today as a priest, celebrates his first Mass on May 31, 11:30 a.m. He served in the parish during his years of for- mation. The Rev. John Leonard leads Bible study on,the book of Exodus Thursdays at 10:30 a.m. and 7 p.m. St. Anne, 26 Emerson Ave., Hampstead, N.H.: Anointing of the sick during a service and ben6- diction of the Blessed sacrament, May 31, 2 p.m. St. Augustine Center for Religious Education and Ministry, 4S Essex St., Andover: Andreas Widmer, who served as a pontifical Swiss guard from 1986'to 1988 speaks on, "Five Lessons I Learned from PopeJohn Paul 11 on Living a More Christ Centered Life," on Wednesday, 7 p.m. St. David Episcopal, 231 Main St., Salem, N..H.: The series, "Living the Questions" begins May 31 at 11:30 a.m. and June 1 at 7 p.m. Subjects include "The Prophetic Jesus," "Evil, Suffering and the God of Lovej" "The Myth of Redemptive Viblence".and "Reclaiming the World." I St. Joseph, 33 Main St., Salem, N.H.: Men and women's breakfast fea- turing prayer and talk on Lectio Divina on May 30, 8 a.m. .St. Marie, 03 Wayne St., Manchester, NH.: Mass in honor of the Rev. Wilfrid Demer's, 50th anniversary of ordination on May 23,4 p.m. He was pastor of Mary Mother of the Church from 1985 to 1992 and served at St. Matthew in Windham from 1992 to 1999. St. Matthew, I Searles Road, Windham, N.H.: Bible study on St. Paul's letters from prison to the Philippians, Colossians and Ephesians on June 2, 9,-16, 23' and 30, 7 to 9 p.m. Cost is $15. St. Michael, 196 Main St., North Andover: Youth group discusses "My Struggles with Faith" at their next book club meeting May 28, noon. St. Monica, 2121awrence St., Methuen: Baby items to be col- lected May 30,11:30 a.m. to 1:30 P.m. for the Pregnancy Care Center. A center representative will speak. Sisters of the Presentation of Mary, 200 Lawrence St., Methuen: Adora- tion of the Blessed Sacrament' on Monday through Friday, 9 to 11 a.m., in the chapel at St. Claire residence. Sister Susan Beaudry leads evening of prayer based on the 'writings and spiri- tual exercise of St. Paul on Wednesday, 7 p.m. Temple Emanu-El, 541 Main St., Haverhill: Members will pray� using both the Mishkan T'filah, ,the new Reform prayer. book and fro In the Siddur Sim Sha- lom, the new conservative book May 30,9:30 a.m. Temple Shir Hadesh, 'meets at rirst Parish United, 48 MaInSt., Westford: Prayer service with members of HavurAt Shalom of Andover on May 29, 6:45 p.m. Rabbi Karen, Landry is spiritual leader of both congregations, ' -0: Vatican launches Fa Shown is the Pope2You Web site on a computer screen yesterday in Rome. of the home page, has entered the world of social networking 'sites and srr that includes Facebook and.!Phone appli - cations-. The Pope2You Web site W_ Facebook users to send virtual postcards with photos of Benedict. in keeping with the 6hurch's centu- Padrini, 36, work s in the small ries-old communications strategy. of village of Stazzano in northern "The walls of our churches are Italy and routinely chats, online painted by the greatest artists of with his 2,500 parishioners. He' all time," Padrini said. "This mean's was also behind another Vatican. that the church has always invested -foray on the Web: iBreviary, an in the culture of eachperibd, using applicdtion that brought the book the best instruments available to of daily prayers used by priests communicate with people." onto iPhones. Auligious. Services,* WEST CONGREGATioNAL CHURCH (CCCC), 767 Broadway, Haverhill, MA 978-373-3034. Senior Pastor: Rev. Dr. - Dole J. Brown, Sunday Worship with Nursery Care 8 AM, 9:30 & 11 AM. Sunday School 9:30 am for all ages. WED. 7:00 pm Pray for'Our Nation www.westchurch.org . . EPISCOPAL CHRIST CHURCH, 33 Central St. Andover MA 978-475-0529 ��%%��.christchurchonclover.orq 0'0 1A AAA wnlv Eucharist, FUNDA31ENTAL SALEM BIBLE CHURCH - 11 Ermer.Rd , 'Salem, N.H. Pastor James Delany, 603-898-4258 SUNDAY: 9:15 am Sunday School; 10:30 am Morning Worship; 6:00 pm Evening Worship. WEDNESDAY: 7 Pm Prayer Meeting. Nursery provided for all Services website address: www.salembible.org lbNrrED METHODIST J, D Shown is the Pope2You Web site on a computer screen yesterday in Rome. of the home page, has entered the world of social networking 'sites and srr that includes Facebook and.!Phone appli - cations-. The Pope2You Web site W_ Facebook users to send virtual postcards with photos of Benedict. in keeping with the 6hurch's centu- Padrini, 36, work s in the small ries-old communications strategy. of village of Stazzano in northern "The walls of our churches are Italy and routinely chats, online painted by the greatest artists of with his 2,500 parishioners. He' all time," Padrini said. "This mean's was also behind another Vatican. that the church has always invested -foray on the Web: iBreviary, an in the culture of eachperibd, using applicdtion that brought the book the best instruments available to of daily prayers used by priests communicate with people." onto iPhones. Auligious. Services,* WEST CONGREGATioNAL CHURCH (CCCC), 767 Broadway, Haverhill, MA 978-373-3034. Senior Pastor: Rev. Dr. - Dole J. Brown, Sunday Worship with Nursery Care 8 AM, 9:30 & 11 AM. Sunday School 9:30 am for all ages. WED. 7:00 pm Pray for'Our Nation www.westchurch.org . . EPISCOPAL CHRIST CHURCH, 33 Central St. Andover MA 978-475-0529 ��%%��.christchurchonclover.orq 0'0 1A AAA wnlv Eucharist, FUNDA31ENTAL SALEM BIBLE CHURCH - 11 Ermer.Rd , 'Salem, N.H. Pastor James Delany, 603-898-4258 SUNDAY: 9:15 am Sunday School; 10:30 am Morning Worship; 6:00 pm Evening Worship. WEDNESDAY: 7 Pm Prayer Meeting. Nursery provided for all Services website address: www.salembible.org lbNrrED METHODIST 05/06/2009 12:09 April 17, 2009 19786898977 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 0 1840 Subject: Averka Residence Dear Attorney Hyatt. HYATT AND HYATT CASHI NS & fti'., Associates, Inc. '"awindmirial p4ygienv & r .,,"F0nntr"JaF PAGE 02/08 At your request I revisited the home of Joseph Averka loWed at 260 Marblo Ri 4 ge Road, North Andover, MA- The Purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to cats and the impact Of the cats on the living conditions. The survey was done on Tur;day March 31, 2009. The previous sta7vey was done in December,2008. This is the first survey to bed -mc based upon a 3 month interval. Conditions in the house are similar to what was found during my last inspection. Mr. Averka has a cleaning Person come in daily to help with the cleaning and cat maintenance. The basement floor was dry, The sump pump hole was fall of water but below thc floor level.There I is still some indication of Possible mold growth on the basemcnt floor at the bottom Of the stairs. There is also visible mold growth on smc flooriOiSts above the old bulkheadistairs that were. (;Ov red over w addition was put on the house sometime in the past. T'he floor at the ab do ed'� e hen an an n ilk head stairs accumulates water that may be creating the moisture needed for mold growth. At the request of Mr. Averka I collected three tape lift samples to determine if the growth observed w;�-; mold. Ile samples were analyzed by Proscience Analytical Services, Inc., Wobrum MA. The tests conifirm that mold is present. The 12b report is attached. The presence of the mold does not present an immediate danger. The Bispora fungus found on the floorjoists is an environmental microbe that has bea.a isolated from dead wood. The Aspergillus/Penicillium species detected on the ffoOrL'S a common microbe that is found in wet areas. However, the mold should be removed and (he cause of the water infiltratic-n corrected without delay. Mr. Averka needs help in identifying the reason(s) for the water infiltration and how to solve the problem. The mold will re -grow if the moisture problem is not solved. It is clear that Mr. Averka is making an effon to maintain The house interior in amiceeptable manner, 14 has been successful in that effc", with the .c and fit for human habitation. . assistance of the, cleaning person. The llouje is safe, sanitary If you have any questions, please call. Sincerely, Cashin AssociatcA,411c, 6ert 40a 0 - Vice President 591) Nc)rili Avenu(% Sklilf.-I ;1 9 W,ikoicifil, MA 111IM10 * -)11 ' 5 - 1 -400 - [�-;x: 7i, I ...?d 1 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. 06 — CV — 00140 North Andover Board of Health, plaintiff V. Joseph Averka, defendant AMENDED STIPULATION BY CONSENT OF THE PARTIES Based on the Defendant's continued success with the ongoing on-site monitoring of the residential premises at 260 Marble Ridge Road, North Andover, Massachusetts, pursuant to the terms of the previous "Stipulation by Consent of the Parties" which were agreed upon by the parties in December of 2007 and which Stipulation was filed with this Court in January of 2008, the parties now hereby stipulate and agree that their Stipulation be amended and approved as follows: (A) Para -graph number (3) of such aforementioned Stipulation contemplated a review in one year, to determine whether there would be further need for the ongoing monthly inspections of the premises conducted by Cashins & Associates, Inc. of Reading, MA. at defendant's expense. (B) The frequency of such inspections as contemplated by said Stipulation no longer appears to be necessary or reasonable under the circumstances of the defendant's continued success as aforementioned. Accordingly, the need for ongoing monthly inspections no longer exists, provided that such inspections and reporting continue to occur at a frequency of once every ':�i months. (C) Except as hereby amended, i.e. in all other respects.and to every other extent not inconsistent herewith, the said Stipulation shall continue in full force and effect. Dated this th day of December, 2008. r r P "Ad Plaintiff/*' Attorne n M. Hyatt Ye,(A 4 Counsel r Defendant /V uel�k A-jave4)_ 05/06/2009 :2:09 WILBUR A. HYATT THOMASJ.SURKE ARMAND M, KYATT' * Admi"ed to MA, NH and CAL Bars 19786898977 HYATT AND HYATT PAGE 01/08 To: aS-t4A, LAW OFFICES HYATT & HYATT 8 JACKSON COURT LAWRENCE. MASSACHUSETTS 01840-1612 TELEPHONE (978) 688-3521 FACSIMILE-TIRMSMSSION.'-COVER SHEE71 TELECOPIER (978) 689-8977 -------------------- Date: Via Fax Number: 9�(76- Number of Pages being sent, incl, From: ma - P, Re: NF, k6u�iki, 3c.A� MEMO Aj- o)P� Fire & Water — Cleanup & Restoration' SERVPRO of Billerica/Tewksbury 978-663-9833 SERVPRO of Lawrence 978-688-2242 SERVPRO of Lowell 978-454-7577 SERVPRO of Salem/Plaistow 603-893-9700 SERVPRO of The Andovers 978-475-1199 Toll Free 800-535-6322 Ioal\ 4 J�rv,, dveWhappened.' CONFIDENTIALIT,Y NOTICE: The information -e..'- Like it never and contain C07fidential matters int I ended Independently Owned and Operated dissemination, distribution or Teproduction is a -a. in- g , error, please notify the sender Immediately by telephone and return '3y mail the transmitted original(q) without making any copy. Your expenses in so doing t7ill be reimbursed promptly. Thank you for your attention and cooperation in preserving confiden!::Lality zmd privacy. r, 05/06/2009 12:09 19786898977 HYATT AND HYATT PAGE 01/08 LAW OFFICES HYATT & HYATT 8 JACKSON COURT WILBUR A. HYATT LAWRENCE, MASSACHUSETTS 01940-1612 THOMAS J. SURKE ARMAND M, HYATT' FACSIMILE.. TRMSMISSrom - TELEPHONE (978) 688-3521 ..COVER SHEEPT TELECOPIER (978) 689-8977 Admitted to MA, NH and CAL Sam Date: To Via Fax Number: Sq"76. Tel -Confirmation., Number of Pages being sent, including this cover' Sheet:: (B .7 From. A 4n Re: '216 ci OLL .41 NF, AC131 (2�.,7 406 C V - 60 1 MEMO - 4 -AR— VdA-14-4 4�dvlz ryeAe� .5 AkC AL . / -�� M -,a, # e'd'A5 4 CONFIDENTIALITY NOTICE; The information and documents hereby transmitted are privileged and contain c ot1fl-dential matters intended only for the party named above . No other reading, dissemination, distribution or TeproductiDn is authorized. If you '*Cceive this, telecopy in error, please notify the sender Immediately by telephone and return ':)y mail the transmitted original(q) without making any copy. Your expenses in so doing Uill be reimbursed promptly. Thank you for your attention and cooperation irt preserving confiden!::Lality and privacy. 05/06/2009 12:09 19786898977 HYATT AND HYATT PAGE 02/08 CAS H I N S & Associates, Inc. ,vow Ind4psfrial Hygiene & r April 17, 2009 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 0 1840 Subject: Averka Residence Dear Attorney Hyatt: At yourrequest I revisited the home of Joseph Averka located at 260 Marble Ri 4 ge Road, North Andover, MA- The Purpose of the visit was to re-insPect the home and evaluate the conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done on Tut -;day March 31, 2009. The previous survey was done in December,2008. This is the first survey to be -A-)nc based upon a 3 month interval. Conditions in the house are similar to what was found during my last inspection,. Mr. Averka has a cleaning person come in daily to help with the cleaning and cat maintenance. The basement floor was dry, The sump pump hole was full of water but below Oic floor level.There is still some indication of possible mold growth on the basement floor at the bottom of the stairs. There is also visible mold growth on some floor joists above the old bulkhead stairs that were- covered over when an addition was put on the house sometime in thepast. The floor at the abandoned'��dk head stairs accumulates water that may be creating the moisture needed for mold growth. At die request of Mr. Averka I collected three tape lift samples to determine if the growth observed W;�L-i mold. The samples Were analyzed by Proscience Analytical Services, Inc., Woburn MA. The tests cimfirm that mold is present. Ile lab report is attached. The presence of the mold does not present an immediate danger. The Bispora fungus found On the floorioists is an environmental microbe that has bea.1 isolated from dead wood. The Aspergillus/Pcnicillium species detected on the floor is a common microbe that is found in wet areas. However, the mold sbould be removed and (he cause of the water infiltratic-n corrected without delay. Mr. Averka needs help in identifying the reason(s) for the water infiltratior, and how to solve the problem. The mold will re -grow if the moisture problem is not solved. It is clear that Mr. Averka is making an eff . oil to maintain the house interior in ar -icceptable manner, 14-e has been successful in that effon with the assistance of the cleaning person. The house is safe, sanitary and fit for human habitation. If you have any questions, please call. Sincerely, Ca" c' ;EiA Vice President CA"M1 ?i1-SkNW1 ')99 ...?d 5-- 1, 1 ()o 05/06/2009 12:09 19786898977 HYATT AND HYATT PAGE 03/08 04/17/2009 08:51 7819353212 P"CTENCE PAGE 02/07 PMSCienCeAna1y*ajServjCe$,.jn. Telephone: 781-936-3212 C4"ffdnp Park, Wvbww, JWA 01801 Facsirrift 781-9132-4857 Web SiIB, wwVVPr0sCien0e.neL Ceshms & AsaW,, Inc, 599 North Ave., April 17,2009 Suite 8 %ftfiRld, MA 01aso RE: Tape Lft 03295, Averka Residence Dear Mr. Robert cashins, The enCWed analytical raPort has been Obtained using Direo Microscopic Examil-artlon for the Identification and QuOntiftation of Mold Spores. Since currently Vvro am no federal regulations 11br evaluaing potential health eft:t3 of fungal cOnt0mlnat10n, thA client Is solely responsible for th@ use or interpretation of the arialytilogi results Included In this laboratory report_ ThIS report was designed to follow currently known industry gulderines of mlomblef linalysIs and PM504nm AnRIYUCS1 Servk*s Inc., 88surnes no reeponsibility for potential conlerviliation occurred during Sample collection or erroneous data provided by the client The analytical maultj in this report Apply to the Items t9ftd only and are 8 reftet1cm of conditions prosant at the time of sample collection only. All Laboratory records are retained for a period of tan yre, unless otherwise di 1p.d jr client. DUO to the nature of fungal anglysis and mold gro, in rec t "rig by the wth proc s, labo ory sglnpl can change over tims and the Laboratory win properly dispose such samples a as Fat er, fter a period no longerAien 7 days. All anal0cal results and recoyda are considered strictly confidential and vAll not be re4eased under any circumstances to anyone except the actual client Wthout wrftten apprml. If YOU h8VQ any questions regarding this roport please Contact the Microbiology LqbDlatory Manager or Laboratory Director at Your convenlance. Very Truly Yours, Proftlence Analytical Services, Inc. C �jj Simana Holacs@x Microbiology Laboratory Manager EM010sure: M90107 05/06/2009 12:09 19786898977 04/1712009 08:51 7EI19353212 HYATT AND HYATT PROSCIENCE PrOScience Analytical SeMces, inc. 22 Cummings POrk -Mobum, MA 0 1801 - Ph: 781-935-3212 - Fax 781-932-4857 Microbiology Report -Surface Client Cashins - & Amociatm, Ino. Alid—drellIC-59a Nnrfh All t J#1 0 1 A 0— 1- Date Rec.olivad: 04/10/09 and Locaft—n: Sample type: Ta --- Match 0 Pe - Direct—O—Pt—ic—al—F--xa—in—in—afa—on----- Bulk - Direct Optcal Examination x ....... Swab end Bulk sympigg CM be FOA pt M6ft%,Ujt" GerVes, fh@ SOMO way as t&PO Ift. R"uft are ra"I%d in a sernNue"tkaWe wgy, to GBKM@te the density of VrWmth. 1 * -W" TMO rP*M WO Oiler settled onto "M surl'scs wIMOut growth or they have Mort r1yediurn eyernerol; th8t 4M not Ifftwnedled Into IsMa colonies, &OM811 VIr Ilmhod Vrw4ft the corankm M8VO elthOrse"Offld mnall colonies or 81541foe widespread on@& '*'B MOdwaft QMWM Tim mold qrewt4 ig 'AStle, 4* 0 h"W vrowth The 8"M Orld growth OM very dense. T?1e SPOM15 MOY lye 50 "UMerous as to W)smm Ifig MWw1jurn MicrObiOlOgY Laboratory Manag@r: Simons Halfteek EllabcOV-17100 POP 1 of 2 P-�ft PAGE 04/08 PAGE 03/07 05/06/2009 12:09 , 19786898977 04/.L(/ZdO9 eq;.51 7019353212 HYATT AND HYATT PRoscrENCE Proftlence Anal"cal SqrvjCqs, inc. 22 CumMingS Park - Woburn, MA 01801 - Ph: 781-935-3212 - Fax 711-1-932-4857 �F�� O'S' do 14000 L't W, UMWI`311401 RovIrs 2MI) 2. NNM Elizabeth MOW"�Iandec*er, prwWmg Han. no. Star PUblishing, IM �Hg* �k GuY St Gennein et al, M—eftbtiln w -3rd ecitelL Wee H, LarOne. ASM PrL-Sq, I .0 T5UmOO Waftnabil, CRC Prow 2oo2 Almli Nund I ted I E- &srtt Srnnh, 019WStone pmK 20M "'a LKt%ftJNf—dE—ftM-.8rYce Ken(Mck Fowe publishing. 2000. a. , MICUOI U1108 and Richard T, mangn, ApS pmg$,20W. Martin S. Upsky, M.D., Ran Lfflgwa -1 am 2, Jerold 0. Lelkin. M.D, and dOM HOU" ROWence, 2003. 70. wwoomorfungue,org I I. American con%mnce Of CMrmrftntal Inductrial RRIenleft I M. 1`ft1p.1AVwwaWM.org 1310SOMMIS Awessmern a-nd control 12. National APdrbTwd AasochMfon httPWWww-neahq.or9 13. National 111811tute for Ocoupolonel SO" Ond Health (NIOSH� 14, National MuNHUIUSIng Counr g, httP'fAv%w.nrnhc.*rg 15. New York CItY Department of Health & Mergal Hygi@nq Igureau of Erlvlr�nfflerftl & Occupaticnal DISSIBe EPIC18WOogy 20M. Guidelinea an Assessment and Rernedlation of Pungl in Indcoir Enviri)nryierft 1 S. Unled SWes EnVhV"RwmtgI PMtMion Agency, Office of Air and Radatlam, 1"dw Enwmnm P17ts 0*100m 2001. Mold Remediaftn in Scho* gricl Conv"rcig, Btrildings. IEPA402-K-01-001 Page 2 of 2 PAGE 05/08 PAGE 04/07 05/06/2009 12:09 19786898977 HYATT AND HYATT PAGE 06/08 04/17/2009 09-51 7819353212 PRMCIENCE PAGE 05/07 � I I Cr E CL 0 ud IL 0 %n mil- E v N Ixe mil- E Ixe 2 Ir- m .0 m 0 ja .2 ra 0 9 a: r x 7 = -T —V ,6; cr c *a 6 1 5- CL 8 CU W 0 n. U= E3 a— mil- 05/06/2009 12:09 19786898977 HYATT AND HYATT PAGE 07/08 04/17/2009 89:51 7819353212 PRoscrENCE PAGE 06107 ills a r-ior r' - "'WouUml MA 01801 - Ph: 781-935-3212 - FQX 781-932-4857 01093ary: — BOck"nd Debris: Is an indication Of the amount of non bl0k)gW" Pffkulaft, prejant an the slide. Our 111bOratory defines so; 101% medium and heavy the level of debris. The more bQr'kgr0UN material WO h" an th@ slide, the rnom difficuft 16 for the analyst to m -) and the counts 511CIL Id be regarded Heavy badground debris m6Y Obscure small spores (Psm,fAsp read (he aa pie, Re minimum counts. HYPh@e! The ffts branching tubes, which make up the mycailium(the body of uj� u Total FS: Total fungal styucturgs ) 8 m 10811 lar fungu Vold! A group of organisms M belong to the kingdom Fungi. Spore: The structurs by which molds reproduce. Spores are microscopic. They very fn shape and ramp from 2 to 100 microns In aim. Spores travel in several vmp: PaSSN@IY moved by a blveze or water drop, Mechanically disturbed (by a pergan or animal Passing by), or acftly 0;c barged by the mcid (usually Under molst conditions or high humidity). Oth*r Mft$P*ms — MHOSPOrIc fUngl Include what we call molds. They are in our cWh ting, carpets, nillr1gerstors and in the air that we breathe and when the humidity is sufficiamt they will grow, They are mO"01091callY more diverse than the spores of any other group of fungi. UnIdentffled Spores: Are spores lacking distinguishable &araderistles for conject kie-n"floaftn. Aftervaria is a C0=OP01it&n fuugus COMMOnly isolated fcom plants, soil, food, and in -door air eavimnmmt The genus Altemada curftntly contaim aroutxd 50 species. Afternada 8PP. have emerged as OPPOrtunistic PaffiOgeng particularly in Plliarts with immumul ssic ecijons, gad in&or the Allernmid afternala Is the most common One isolated from hurnan inf ppre substr4fts for ~h am, Paper, textiles, buildings materials, leather, wood, food stufl�" AsPeN91HUS 3PP- — c0smopolftm and ubiquitous fungw found W nam , CommOnlY isolated ftm soil, plant debris, and indoor Or envirenmenW. Indoor submte for gmtk P", textiles, bWldiW matedaN leather, wood, foodstuff Aspergillus Versicolor can grOw cm water damaged building materWS. Around 20 sPecies bave been reported as causative agents for opporttmis�c inkW000 in man. AgRergiffus $pp. are well-known to play a role in ffim diffmat cHnical settiq, ,j in Man: opporhmistic h*ctlons: allergic stat9s; and toxfooses. Immun0suPI)nPasion is the major factor predhlxwmg to development of Opportunistic Inflar_Wns. AspergillUs FlqvUS and Asp. POrStiticAts produce Afl4toxins know as carcinogenic substances. Chaet6mi= is a ft9us found in soil, air, and plant debris. Cheetorniurn epp, are among the fvngi caualng; Phoohyphomycosis (mycofic WecdonIV . i Cladesporium is a demadeceous (PigmeWed) Mould "dClY disttibuted in air and rot organic watefia and ftqwntly isoWed 88 8 c0n%Minant on. foods. The genus Cladosporium incrildes, over 30 sp=jes. TU mOst CW=Gn ones include Cladosporivm. elatum, CladosporiUM herbarma, Cladospotium sphaerospennum, and CladOSPOliurn cladosporioides. For Cladosporium spbsaospermum indoor substrates for growth are: paper, te)',taes' buildings materials, leather, wood, food mff. Cl&dQsPCW'uM 3PP- an Causative 29MAS Of " 146ions, keratitia, onychomyco4i, skusitis and pulmonary infectiorm. CGPrihmus is 0 Raws found in wood, dung, lwf litter, and goil. It has unitnown I] jergic potend&j, and Is unknown as OPPortunist or pagiogen agent 05/06/2009 12:09 19786898977 DWI 11:M@9 Be: 51 7819353212 HYATT AND HYATT MMIENCE PAGE 08/08 PAGE 07/07 Evicoemm is A mould widely distibuted It is 1bund also in some jeaMer and aW commOnTY isolated from ftWes, PRM and buildinS mat"jals. .47U and fDod Sha 71'gre 4ft 40 doonme'*-d Mes' of F-Pleoccum iflftdon in hwnans or animaj� I JM"ftlum is a funs" widely distributed GA PlaMs and in the sofl, 'y,,",,',-qis1 Zeing, Zfth"..P.1 Ant Pathogms' Fusar'wn SPP - am cauwdve age it ts of supgrficial and '3'm'e" b0cetiou due to PJsWum Vp. are 0011ectVOY M&rrad W as fiSaHogig. -VP- produce Mycotoxing eawin, teratogenic eff The most virulent FusWurn spp. 14 Funrium Mani. ccL dsvQI0P In Immurmuppressed hCM, C)ISserninated Opportunistic inft�cftns, on the other hand, Gailodams Sp. is & vmd_ Psftwlarly In neutropenic and transplant patien is, dec"JAg RuWS9 using 40 a Pgthogen on live aapwood, parkulariy on PrimatffY dead heart'W'Dod..')w also o*r tren. MeMORIeD. 1, a mold fbund in plant materials &ad sail, Indoor v/00d, bOing 4M frindicator of high humidgy. It Is, unknown alierW, and U'njcrlowrl POMOC-en agent NlVv&POru is A fmagm widely dfafibuted in soij, decaying pl", can 8Mw OJA PAP9r, shfttm* and laboratory contaminant Aftough it hog b and seeds. It is a common in man remains uncertain, eOM Isolated from 8 few clinical samptes, Its Pthogenfoity -'en'*'Mum OPP- are widespread and am fbund in scdj, decaytg vegetation, all([ the or Pe td0000dr, fbuod"awrefff, Cadjw'1CMiW11iudm8MjRagP' growth arc: PaPer, texliles, buildings mat.,sials, logdher, air. ed bWdng matelals. sPP- OthOr than Peniciffimm #za 'PL MY cause Infections, particularly In rwffe' are cOmmunlY considered a,- conamhlants but In addition to their I"ftcWu8 polenr immunocomprornieed hosts. ml, ftnicIllium epp. -ire known to produce mycftx�n PePericonia fimgus found in gmses, ndges, rusheo, decaying Plants, *ad soils. -riconi4 has an UnIMOWA allefggnic Potential, and no pathogenic poten�aj Fift'=Yces is a fwlgu found res high moi,,rw in Jeld Utter, s4s, U= bark. it requi wF4 dOcuMented. Vore &rminatioz, and Paper is the favorable gubstratc for gmwthn d r J� , e left, for Pithftyces has an unknown aaergic Wend&, and can be an opofft in O'D ea Lv . nmftt. agent in. Wst or =MVnOc0MPr0miscd Patients. patktgen Smuts, am AVWU that am Smuts have 4 type I (hay Pabogens for c4rcal emPs, corn, grasses, onion, fcver, asthma), allagic Potential -%chYblo" is a fiwgus ocemionally isolated as a contaminant ftm natm an(I The FOOMPhic dislvibutionof Suwhybour is wide. indoor envim=c" It has been isojamd ftom cOtjt&MinafOd Sraim� tobacco, "WOOr f0ams, indoor *, and wstcr.dRMqpd buildins. StfthYbctPP producal; trichog.... MYcptoxins, the satratoxIns. Tjlcse toxins may lead to Pathological ebAmgcs in RAIMW and human tissucs. Modadium is 8 f0t8us dW inhabits the soil And demyiq herbaceous plants. It IS widel� diftbu-ted in no 'Wre and may be soaW ftm PaPer, tOxWes, and wo-a I as wQ1. It m1ky vM ramly cAuse hultan disease. ()ther MIIDV*res — MtOSPOrir- fit* include what we call molds. Tlie-y are in oLr claffiftg, reffigemo" and in the Air thV we breate and when The They arc morphologically more divem than humidfty is sufaciew Vwy will grow. the SPOM ofacy other gmup of fi4.. COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT .7 - ow A 4ndo QQ-Y� a int a. f f V. Av<ar�-+- Defendant No. ez MOTION WITH HEARING AT LAWRENCE SESSION The undersigned f7�&'Vdl �"i—y - 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 other :1�5z VC C"' Cv'AJ-'--- for the following reasons: This motion will be heard by the Northeast Housing Court at Courtroom 3, Northeast Housing Court, 2 Appleton Street, Lawrence, at 9: 0 0 o I clock a.m. Thursday, 200L - to I (gave) (mailed) a copy of this motion on Name Address telephone WM / 0 '/ZT/ ZD4 06 P!11 -T 24 PM 2: "':T No. ez MOTION WITH HEARING AT LAWRENCE SESSION The undersigned f7�&'Vdl �"i—y - 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 other :1�5z VC C"' Cv'AJ-'--- for the following reasons: This motion will be heard by the Northeast Housing Court at Courtroom 3, Northeast Housing Court, 2 Appleton Street, Lawrence, at 9: 0 0 o I clock a.m. Thursday, 200L - to I (gave) (mailed) a copy of this motion on Name Address telephone WM / 0 '/ZT/ ZD4 NORTHEAST HOUSING COURT 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 VERIFIED COMPLAINT AND AFFIDAVIT 060 Ct 2 F 2: 3 C1 4' 4 Plaintiff's Name Defendaht's Name lel-1, , /I ��z 2-D ILI OV C)-1 4-4 1`-'J L Address J A), M4 01 Z!n City Zip Code c -17e Telephone I state under the pains Address A). 4 40 City Zip Code Telephone penalties of perjury as follows: IF L> 0- v - --- - -- r C2,j:",b - d,> - 1-.J- -C L..0 It -k- - --,, =t—, 0- On^ Z4 .,e *NQ L4 , L>- r", rl P 1741 /e. Therefore, I am asking the Court to: -T��*Ue� a.vi 04 -JPA - J -t) C 3-r\� e�- P b Date Fned under pendItii0rot perjury 4r - 11/06/2006 12:00 7819444082 CASHINS & ASSOCIATES PAGE 01 CAv-HINS Associates, Inc. industrial Hygiene & Environmental Testing FACSIMILE- COVER PAGE To: 4 Yfl, 1/10 h �& 7 _7 From: Fax #: ?2 7 2_ Fax#-. Company: 7-7-1- h��.ef 77_ Phone#: Date: //Z6� we Pages: Subject: 471-12.,- Cashins & Associates, Inc. is a full s 'cc industrial hygiene, safety ervi and environmental consulting firm- Founded in ig8i we are ce3ebrating over 2-o years of assisting indlistry with complex compliance issue—s. Services Overview: Industrial Hygiene Safety Inspections Indoor Air Quality Moisture As,-;essments Mold Evaluations Ventilation Audits Confined Space Entry Respiratory Protection Health & Safety Plans OSHA Compliance Noise Monitoring Soil/Water Sampling Air Sampling Community Exposure Monitoring Ergonomic Assessments Health & Safety Programs Bob Cashins 781-944-4082 781-944-4060 '?' (including coverpage) 80 Main Street * Reading, MA 01867 * Phone: 781-944-4060 - Fax: 781-944-4082 11/06/2006 12:00 7819444082 CASHINS & ASSOCIATES PAGE 02 AdMhL 44 00�4% FASHINS & MIZ Associates, Inc. 'qM@W It"i'Mi4ol M)wknv & Environmental lesthe November 6, 2006 Attorney Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 0 1840 Subject: Averka Residence Clean Up Dear Attorney Hyatt: This letter is to outline the steps that will be taken to clean up the Avetka re,,;idence located at 260 Marble Ridge Road, North Andover, MA. The fbilowing is anticipated-, 0 Inspect residence with remediation contractor d, Develop cost esthnate 0 Obtain written approval from you that the proposed work can proceed * Remove cats (done by others) 9 Require Averka's to leave hoi-ne(done by others) Perform clean up Re -inspect residence Re -occupy home We have preliminary discussions with a remediation contractor Front Line, Inc. about the project. They need to inspect the site prior to developing a cost estimate. It is assumed that the work will involve atleast the following, once the cats are Tenloved and the Averka's have lcft the borne-. Remove waste products Removed impacted rugs Remove impacted wall board Remove or re -sand wooden floors Replace wall board Clean and disinfectsurfaces 80 Miin Street - Reading, MA 01867 Ph(,)nr.,.: 781-944-4060 Fi)x: 781-944-4082 1. 1981 So IN( - 1.1/06/2006 12:00 7819444082 CASHINS & ASSOCIATES PAGE 03 We need to have a mechanism in place to gain access to the house to inspect. We appreciate your commitment on behalf of the Averka -family to move forward with the clean up. JtArill be required that the estimated cost, plus 50% bes.et aside in escrow to pay for the clean up. This account will be handled by you and all payments for service-, rendered will be promptly paid. I have attached a company brochure which describes Cashins & Associates, Inc. If you have any questions, please call. Sincerely, as, h Vist Robert F. Cashins, CTH Vice President GAR,11 NIMMI WA Y�Mdlv CASHINS & ASSOCIATES, Inc. 80 Main Street - Reading, MA 01867 * Plione: 781-94-4-4060 m Fax: 781-944-4082 1.1/06/2006 12:00 7819444082 CASHINS & ASSOCIATES PAGE 04 rm CA CA IrD Z ii/e6/2006 12:eo 7819444082 CASHINS & ASSOCIATES PAGE 05 Ln c m CL cu 0--.0 0 15 (D CFO c: 0 %A N (D CL w 5 Z) 01Q rl 61, 3 3t 2 E� c) z (o J m (D c: c n 0 rD D (D (D V—' 0.) cm rD 0 3,L L rD �u C�9 n (D V, LA ro < E- M LA M =, -< C7 a- a f;� 0 W rD M Cu CL ID (D :;7 - MOLD* (D (M 0 Ln e.. 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I D cu ��L W, W, 6- Ul r) (t Lei cz) t7 - r) 00 CL �u (D x olq 6 N1 CL ;w a- 3 m 2, 3 :r L, rD 3 Ln W (D 'i z n < CD 0 tn Ln 4:r ro rD rD V) ro (D 0 Ln n 2, < w M PAGE 08 . zft DelleChiale, Pamela From: DelleChiaie, Pamela Sent: Wednesday, January 14, 2009 10:35 AM To: Rees, Mark; Thomas Trowbridge Cc: Sawyer, Susan; Grant, Michele; Rillahan, Deb Subject: FYI - Averka - 260 Marbleridge Road - Amended Stipulation by the Consent of the Parties Attachments: SKMBT60009011411251.pdf FYI only. Thank You. Pamela DelleChiaie Health Department Assistant Town of North Andover 978.688.9540 - Phone 978.688.8476 - Fax From: noreply@yourcopier.com [mailto:noreply@yourcopier-com] Sent: Wednesday, January 14, 2009 11:25 AM To: DelleChiaie, Pamela Subject: Message from KMBT-600 C- I WILBUR A. HYATT THOMAS J. BURKE ARMAND M. HYATT * Admitted to MA, NH and CAL Bars LAW OFFICES HYATT & HYATT 8 JACKSON COURT LAWRENCE, MASSACHUSETTS 01840-1612 January 5, 2009 TELEPHONE (978) 688-3521 TELECOPIER (978) 689-8977 RECEIVED JAN 13 2009 HAND - DELIVERED TOWN OF NORTH ANDOVER Joseph McDonough, Housing Specialist LTCHEALTH DEPARTMENT Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence, MA 0 1840 Re: North Andover Board of Health V. Joseph Averka DocketNo: 06 -CV -00140 Dear Mr. McDonough: Enclosed for filing please find Amended Stipulation of the parties in the above - referenced matter. Thank you. AMH/dr Enclosures as indicated Cc: Susan Sawyer, Health Agent, Town of North Andover COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. 06 — CV — 00140 North Andover Board of Health, plaintiff V. Joseph Averka, defendant AMENDED STIPULATION BY CONSENT OF THE PARTIES Based on the Defendant's continued success with the ongoing on-site monitoring of the residential premises at 260 Marble Ridge Road, North Andover, Massachusetts, pursuant to the terms of the previous "Stipulation by Consent of the Parties" which were agreed upon by the parties in December of 2007 and which Stipulation was filed with this Court in January of 2008, the parties now hereby stipulate and agree that their Stipulation be amended and approved as follows: (A) Paragraph number (3) of such aforementioned Stipulation contemplated a review in one year, to determine whether there would be further need for the ongoing monthly inspections of the premises conducted by Cashins & Associates, Inc. of Reading, MA. at defendant's expense. (B) The frequency of such inspections as contemplated by said Stipulation no longer appears to be necessary or reasonable under the circumstances of the defendant's continued success as aforementioned. Accordingly, the need for ongoing monthly inspections no longer exists, provided that such inspections and reporting continue to occur at a frequency of once every �� months. (C) Except as hereby amended, i.e. in all other respects and to every other extent not inconsistent herewith, the said Stipulation shall continue in full force and effect. Dated this h day of December, 2008. 4 r Plaintiff/' AttorneA\��d M. Hyatt Counsel Defendant 0 LAJ A I �Alu,-f-k 12/01/2008 14:41 19786898977 HYATT AND HYATT HYA,rr & HyArr EIGHT JACKSON COLTRT Lawrence, Massachusetts 01840 ahyatt @41cworks.org Afmand M, I-1yart * ,4ttornty and Counselor at Law * Admitted in NrIMaChUSCUS, Californiaand Ncw HamjMhift December 1, 2008 Susan Sawyer, Health Department Towu of North Andover via facsimile 978-688-8476 PAGE 01/03 10. (978) 688-352J. htx (978) 689-8977 Re: Joseph AVeTka — 260 Marble Ridge Rd. — NorthEast Housing Colj,rt # 06 -CV -00140 Dear Susan: As I prepared this morning to send you November's regular monthly izi,�:pection report by Cashins & Associates, Inc., my records seem. to indicate that I may hata i-nadvdrtently neglected to send you a copy of the October monthly inspection report (altbough I may have sent it, without cover), In any event, both of such reports are acccimpanying. At this time, I am also requesting that you respond to the question I posed in my faxed transmittal to you on September Yd (of the report dated September 2, 2008), i.e. that we seriously consider the recommendation of Mr..Robert F'. Cashins, C.I.11., to c)langc the regularity of inspection reports to a fTequency that makes more sense, given the ongoing upkeep- --con sti.tuti ng substantial change in premises care, as demonstr;!.Ied by my client. Back in early September, it had been suggested that the inspection frequa-mcy be modified frorn monthly to quarterly. However, with. both of the accompai.-lying irt!;pection reports corroborating such less-frequentjustificati.on, I would propose that we make it bi-annual. I would ask that you take note that my client has expended an enormous aninuut in many home -improvement repairs, PLUS continuous house-cleaning activitie.-:. Moreover, it has been one year since Dr. Thomas Trowbridge suggested to me via email that re-evaluation of the need for monthly inspections should occur after a year (such idea was incorporated into the Stipulation we filed in Jaiwary). Accordingly, I ask that you aj!ree to amend our current Stipulation to a bi-annual frequency. Thank you, Total Pages Transmitted: THREE ( 3 ) 12/01/2008 14: 41 October 6, 2008 19786898977 Armand Hyatt Hyatt & Hyatt 8 Jackson. Street Lawrence, MA 0 1840 Subject; Averka Residence Dear Attorney Hyatt: HYATT AND HYATT CAS H I N S & 1111j,' Associates, Inc. 'q4QffiOW IndecOrial Hygiene & Envirommenraf tewhv$ PAGE 03/03 At your request I revisited. the home of Joseph Averka located at 260 Marble Ridge: Road, North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate the conditio-is as they relate to cats and the impact of the cats or the living conditions. The survey was doxie on Tuesday September 30, 2008. Conditions in the house are similar to what was found during my last inspection. Mr. Averka has a cleaning person come in daily to help with the cleaning and cat maintenance. Work on the windows is almost complete. No additional work has been done sinc,� my last inspection. The basement floor was almost completely covered with water. Itis important tosolve the water problem before raold becomes an issue. Mr, Averka needs help ic identifying the reason(s) Jim the water infiltration. and how to solve the problem. It is clear that Mr. Averka is making an effort to maintain the house inte.nor in an z.-to.ceptable manner. He has been succcssful in that effort with the assistance of the cleaning person. The house is safe, sanitary and fit for human habitation. It is my opinion that Mr. Averka does not need monthly inspections. It is suggestl.�-d that future inspections be done on a 3 month cycl.e. I will continue the monthly inspections, until I am advised of a change in the schedule. If you have any questions, please call. Sincerely, Cashin ss iates, In a'sh' r obert MJF.(,a . ins, CIH Vice President GARMmARq�, 21"IMNym mul 1(ymmVAj2.9juj4ktm .599 North Avenue, Suite a 1P Wakefield, MA 01880 e Phone: 781-24,5-1400 v Fax; 781-245-3100 12/01/2008 14:41 19786898977 HYATT AND HYATT PAGE 02/03 CAC 0=�q%%.�HINS & 1111—Z Associates, Inc. 'qqWW IfiditFItiatHWroti,,%Envimnmentatte.iting November 4, 2008 Armand.14yatt Hyatt & Hyatt 8 Jackson StTeet Lawrence, MA 0 1840 Subject: Avetka Residence Dear Attorney Hyatt: At Your request I revisited the home of Joseph Averka located at 260 Marble Ridg,;,, Road. North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate the conditi.c.ris as they relate to cats and the impact of the cats on the living conditions. The survey was done on Thursday, October 30.. 2008. Conditions in the house are similar to what was found during my.12st inspection. Mr. Averka has a cleaning person come in daily to help with the eJeaning and cat maintenance. Work associated with the reptacement of all the windows in the house is complct'.'� except for one small window in the basement. TvT.r- Averka is in the process of planning additional.improvernents that wi I] be done in. the spring. The basement floor was mostly dry, A small arranear the furnace is still wet. Thete is some indication of possible mold growth on the basement floor at the bottom of the stairs. As a prmwtion the floor around the stairs should be washed with a disinfectingsolution such as Lysol or a .10% bl,.-ach solution. It is important to solve the water problem before mold becomes a major issue, Mr. Averka needs helpin identifying the reason(s) for the water infiltration. and how to solve the problem. Tt is clear that Mr. Averka is making an effort to maintain the house interior in an acceptable manner. He has been successful in. that effort with the assistance of the c1caning person. The housc is safe, sanitary and fit for human habitation. If you have any questions, please call, Sincerely, Casbins, & so iatcs, In obert F. Cashins, CTU Vice President 2'XM"l -d 74VNRHYAMMN�d- 599 North Avenue, SUite a - Wakefield, MA 01880 - Phone: 781-245-1400 * Fax- 781-245-3100 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT VED NO. 06 — CV — 00140 EM 0 2008 North Andover Board of Health, plaintiff V NopT8 ANDOVER TOWN �F L.r�, DFppRTMENT V. VjEAL Joseph Averka, defendant AMENDED STIPULATION OF THE PARTIES Regarding the residential premises at 260 Marble Ridge Road, North Andover, MA, and the subject litigation, the parties hereby consent and agree to amend their previous Stipulation dated December 18, 2006 and therefore do hereby stipulate and agree that such prior Stipulation be modified and amended as follows: (1) There will be monthly inspections of the residential premises will be conducted by Cashins & Associates, Inc. of Reading, Mass. or by some other third party of mutual agreement ("Cashins"), at defendant's expense, to ascertain that the premises are being maintained at the appropriate legal standards of "safe and sanitary" and "fit for human habitation" Cashins shall promptly submit a Report of each such monthly inspection to the Town of North Andover Board of Health. (2) Failure to submit inspections by the first of each month immediately following the month of each such inspection will result in immediate filing of non-compliance of this Stipulation and/or the prior Stipulation dated December 18, 2006. (3) After a period of one year, the need for ongoing inspections will be re-evaluated. (4) The defendant currently houses seven (7) cats on the premises. He will not seek the adoption of any additional cats. The defendant shall demonstrate that all cats have been neutered or spayed. Therefore, there will be no more than seven (7) cats on the premises at any time during the next year. (5) If the monthly inspections determine that either the "safe and sanitary" or the "fit for human habitation" legal standard is being compromised because of the number of cats, there shall be an immediate reduction in the number of cats to four (4). Evidence of this reduction would be required by documentation of the Feline Rescue League by showing transfer of the cats to their care or other transfer. Dated this second day of January, 2008. �fr Plaintiffff sa-,,j TOLUYX A N6C+t\ AVJO11DA Bd ACIJ9 /600 OS a(A 11 20 SQ �-ke 2 -31� Nlv-� AvJdd-N 01'849- 6ff — 17S7qD f�-M + -IX— Xev C,�,JA— 4 -a -w F e-k� T-- � e 14A A 0 f 8 4 o 1-79 ) 6 0 8 / 13/ "20 0 8 14: 2-A 19 7 8 89 7 7 HYATT At -.1D HYATT PAGE 011102 LAW OFFICES HYATT & HYATT 8 JACKSON COURT I-AWRENCE, MASSACHUSETTS 01940-1612 WILBUR A. HYATT THOMAS J, BURKE A RMP NO M. HYATT TELEPHONE (978) 688-3521 FACSIMILE_ TRAN�MISSIGN -COVER. SHEET TELECOPIER (978) 689-8977 Admlhed lo MA. NH and CAL Bum /1 3 To C: (W rll�_ 6(0 VeA— Via Pax Nwitber: 6LE- �a 76 Tel conf irmation;: Number of Fages being �ient, including thi!4 Cover Sheet,, From: Re, W-1 U'l oG - cv-clo 51 I MF,MO d 4 PL rYn I frs ct4 Q 4 CONFIDENTIALITY NOTICE: The information and documents hereby traTL!Mitted are privilege" d and contain confidential matto-ra :Lritended only for the pacty name4. above. No other reading, dissemipation, distribution o1c reproduction is auLhorized. If You receive this telef:opy in error, please notify Lhe sender immediately by telephone Lind retuv- bY mail the transmitted original(§) wit I hout making any copy. Yo(ir expenses in so doing �7i:[.L be rtimbur-sed promptly, Thank you for 1,our attr_-ntion 6.nd cooperation in preservtrig confidei.-ttiality '.imd privlcy, 0 cb.," 1 2 0 0 8 14: 2 4 19786'898-977 HYATT AND HYATT PAGE 02/02 CASHINS & Associates, Inc. "qQM;r InduOrlai Hygiene& Enviranmcnt-IfTP4428 August 5,2008 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 01840 Subject: Averka. Residence. Dear Attorney Hyatt - At your request.1 revisited the honie of Joseph Averka located at 2160 Marblc Ridge Road, North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate the conditiOns as thev relate to cats and the Unpact of the cats ort the living conditions. The survey was done on Fridwt August 1, 2008,Tb.is vi y sit represciits, theJ ul ' irionthly inspection. Co,nditionsin the house am 6hrulax to what was found during my last inspection. Mr. Averka has a cleaning person come in dai ly to help with the cleaning and. eat maintcnat)ce. A contractor is in the proce i- of in stall ing new eiiergy efficient windows througfi,..1,ut the. house. The windows and the recently installedroof are major improvements. Additionally, YL.. Averk-a now has a cell phone. There wcre puddles of wate-k- covering -- large portion of the main cellar area. Tbc;.,ource of the water is unclear. Mr- Averka is considetina changes. to the sump pump swem, Jt is sua�l;;ted that no changes be made until the cause of thewater infiltration is understood. As a first step the wa'.(:r needs to be pushed to the surnp location and rernoved from the bulkhead area. It is cle.ar that Mr—Averk-a ismaking an cffort to m.ainizin the house intenor in ar—acceptable manner. He has been successful in that cff�)ftwi,th, the assistance of the cleaning person. The'�!ouse is safe, sanitw�y and �rit fot human hahitation. if you have any questlons, please call. Sincerely, Cashi. & Associates c. 711 WROert F. Casluils' CH4 Vice Prcsident G'.',Rtjh)T1qkKqW)n A Z11flF)IIII Mil I IVAIIM'MPMNIWI� 599 North AwerlUe, SL14P 8 'R \'Vakefield, MA 01880 , Phone: 781-245-1400 , Fax: 7, 31-245-3100 15:49 HYATT AND HYATT PAGE 02/02 Asso ates, Inc. 0 June 26, 200,9 Arl-nand,14yalt Hyatt &1- jJyatt 8 Jackson Street Lawre,ice, MA 01840 o S ubject' Averka P,,-sidellce Dear Attorney Hyatt: At your request I revisited the-- borne of josepil Averka located at 260 Marble Ridge Yoad, NorthAjidover, MA. The purpose of the vil it was to re_jnsper, t1le home and evaJoate the conditions , S they relate to cats and the impact of the cats On the living conditions. The squnle-Y was done on Wednesij;jy, June 25, 2008, Conditions in the house are sirnilw to what was found during my last inspection. Mr. kverka clearting person Corne indaily to h eip -with the cleaTI, has a ing and cat maii-itenatice. A new �t oof has been put oil the bOUSC. Mr. Averka advised that rrw windows have been ordered and will be inst,z).1 led -shortly. 't i�3 cleat that W. Averka is making an effort to maintain the U'S interior in ari aceq-table manner. 14C has been successful in t1lat effort with the ho e and f"Jt for human habitation. assistance of the clmling person. The how.n is safe, sanitary If you hak,,e any que�tiojjs, pleasc call. Sincerely, Q�SWDS & Associates, Inc Kobert F Ca ("M Vir-e President �; �ft 111�-k��'�"-. 4IM 1911 J"" , 2 .1".. , S ,99- N(,-)i'4h Avenue, r cl, Nq I f�rl A 41 S-3 100 06/27/2,908 15:49 19786898977 HYATT AHD HYATT PAGE 01/02 'M�BUR A. HYATr THOMAS J. BURKE ARMAND M. HYAT7' LAw OFFICES HYATT & HYATT 8 JACKSON COURT LAWRENCE, MASSACHUSETTS 01840,1612 FACSIMIM TRAN�14JSSJON _ C' OVER. SHEII.Ir 'Admilled lo MA, NH and CAL Bar@ Date: <5�7 2,M& To: TELEPHONE (978) 888-3521 TELECOPIER (970) 689-8977 tl--- Via Fax Nwnber,- Tel Conf irm-atio:n.- Number of Pages bding sent, inclu ding this Cove3� Sheel,%:,: From. N -0047-V 4H, 4, Re.6 /0 r I tf j CAS �J-s rq, 1 4— cvv -A Ax L i f-ktTin'- f '�6. ir,e elk 10 a- nekr- -111wo F - 0 5 e"2 7 / 2? 0 0 e. 15: 0 8 1978689"977. U.,/24/2008 08:59 7812453100 May 24,2008 Armand Hyatt 14yatt & Hyatt 8 Jackson Strect Lawrence,MA 01.840 Su�ject: Averka Residence Dear Attorney Hyatt, HYA'TT AHD HYATT CASHINS A ASSOCIATES AS H INS & Associates, Inc. fjyg,'cn# & Envirrinffieniol TMfillg ----RECEIVED MAY 2 7 2008 TOWH OF: NORTH ANDOVER HEA.LTH ppi:, 'TJ H AVENT DEP 11 PAGE 02/02 PAGE 02 , ),n farble Ridgz Road. Noilb Andover, At your request I revisited the horne of MA, The purpose of tbt vi -Sit IMI -S to Fe -inspect the home and evzduatc; the conditi-,) ir, as they relate to C0',; and the irnpact e)f LjjF cats on the living conditions, '11je slirvey was done on Tuesul. ay May 13, 2008, Conditions in the house are gbrfflar to what was fa-und during xry last inspection M r Averka has a cleaning person curne in daily to help with the cleaning aDd cat maintenarice. Plaj'5 are in the works to have the roof sbingles replaced. Mr, AveTka is also going to have a fan-�ly fTiend iii:;sist wjtb the planting of trees along the perimrter of the property. It is clear that Mr. Averka is maldng an effort to maintain the hotise int6or in an.,.cceptabje =mer- He, has been succossful in that effort with the as , sistance of the cleaning persm- The lioase is saf ---, sanitary ind fit for hurnan habitation. if you halie ary questions,please call, sincc=ly, WCasbi A oc" t C, ROF as ns' CITA Vice President 599 No'-Lh Aven�ie, 5LJitC 8 - Wakefield, NIA 01880 - Phone; 7/81-245-1401" 4. Fax. 781-245-310D 05127/2008 15:0" HYATT AND HYATT PAGE 01/02 LAW OFFICES RECEIVED ERE EVED C HYATT & HYATT 8 JACKSON COURT L-AWRFNCE.'MASSACHUSETTS 01W.11312 MAY 2 7 hILSUR A. HYATT T N Tow NDOVER RTH A T THOMAS J. 8URKE TOWNOFN T j LT OF , M DEPARTMENT HEALTH D A RMP NO M. HYATT TEI EPHONE (918) 688-3521 FACSIMILE. TRANSMISSION COVER, SHEE'17 TELECOPIER (976) 089-8977 -mmitled to MA. NH and CAL Sare Date: To: f5� c -51W 11 Will Via Fax Number: Vc' Tel Confirmatior�� Number of Pageg boing sent, inclu ding this Cover' Sheet.� ':�7_ From: AgMAWj) Re: Akt X01 4;7 &G - c v -oo tn4 r -n -l'.1 �6,j..5 e-. y ri c le 0 4 / 0 9 .."21 0 0 13 12: 10 19706898977 H"f"ATT A[ -,ID HYATT 09;38 781214533100 CASHINS & ASSOCIATE-::; CASHINS & Assodates� Inc. fndt&1iiTj Apri� 9, 2008 An -amid "yatt 14yatt & jiyatt 8 Jackson street Lawrence, MA 01,940 3uhj,,-ct-. Averka Residence Dear Attorney Hyatt: APR 0 9,2008 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT PAGE 02/02 PAGE 02 At Your requ est J revisited the home, Of Joseph Averka located at 260 Marble Ridf,,,, Road, North Andover, ,MA- The purpose of the and, the il-Apact of the ,,,v's't was tu re-inSPecl tile home and cvalu3te the conditio. on the living cQnditiolls. a follow Is O -S theY relate to cats . I _up to Iny V,S,I: on April 3, 2008 when Mr- Averket -,jas not home, T[Ae survey was done 011 Tup—sday, April 8, 2008, Condition.5 in the house are Similar to what was found dizing mylast inTection. I, he two iternq needed attention have been corrected. that The broken window in the bas e i Material temporarily sl. ojlt wn[�q co""r-'red W, th PlYw00d and nailed. ored in. the bree-zewaY has been renjo-,rcd. Jt is cleat that Mr- Avcrka iq.maldng ail effort to Maintain the house intcriorin anzl�'�eptable majiner. He bas bom successful in that effort with the Wqsi.stance of the cleaning per'Son. and fit, for human babitation, Theh,.-rise is safe, sanitaty If You have any question, , please call, Sincerely, & obert Cuj Vice President 599 North ikvenue, SUite. 8 0 �Vakpfle fd, MA 01380 . Phone. 78 1.245-1400 s 1: ax: 781-245.3100 0 4.1* 01/21 0 0 F,' 121: 10 1 13 78 6 �31 9 813 7 V '41LBUR A. HYA7T THOWS j. BURKE ARMA NO M. HYA-rT HY'ATT AHD H"("ATT LAw OFFIcEs HYATT & HyATT 8 JACKSON COURT LAVVR�NCE. MASSACHUSETTS 011940-1612 PAGE 01/02 RECE71VED APR 0 9 2008 TOWN OF t HEALTH FACSIMILE- TRANSMISSION -COVER SHEE"r 'Admitted to MA, NH and CAL Bara '. 1. ------------ Date. e�) To 0 iv`,a-� Via Fax Number.. 6 oe' 51 25 4 7 Tel COnf irinatiori, ---------------- Number of Pages b6ing sent, including this Covei Sheet, From: MA A� IYATV AL� �k -r I -.k- :. 6 s e-,4 � AVtA.k Re: 2-6 () lq4,1 U NEE j "u C MEMO A5 1�6 Ct/ 6r b -r 7" ca r -"\i t" 41Z�— kla Inh ��J, /,�X AV A�s re viv vS e,41e_ r-1 o r- .5" M rlli� C -N, 688-3521 689-8977 IS C4,— in - -A�t- —,Ik— I �6n ( 8 4. r,-MA4�- 7-h CONFIDENTIAI.TTY NOTICE, The information and document5 hereby trans::,Jtte and contain 4 gep �ivt t Pi confidential matters intended only for the Party riamed .--I' dissemination, distribution r, r ileged " )Ove NO ur reproduction is authorized eTror, please rtotIfy the sender Immediately by telephon - If you r,:-ce-jva - other reading, th-"; telecopy in original(*) Without making any copy. e -ITd ceturn YOur expenR Thank You for - es 'n so dOiqg fdiil 5y mai.t the transmitted be your attention and cooporation ��n prenerving COnfident-al reimbursed promptiv, )., J.ty and pr:0�,,jcy. COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. 06 — CV — 00140 North Andover Board of Health, plaintiff Joseph Averka, defendant AMENDED STIPULATION OF THE PARTIES Regarding the residential premises at 260 Marble Ridge Road, North Andover, MA, and the subject litigation, the parties hereby consent and agree to amend their previous Stipulation dated December 18, 2006 and therefore do hereby stipulate and agree that such prior Stipulation be� modified and amended as follows: (1) There will be monthly inspections of the residential premises will be conducted by Cashins & Associates, Inc. of Reading, Mass. or by some other third party of mutual agreement ("Cashins"), at defendant's expense, to ascertain that the premises are being maintained at the appropriate legal standards of "safe and sanitary" and "fit for human habitation" Cashins shall promptly submit a Report of each such monthly inspection to the Town of North Andover Board of Health. (2) Failure to submit inspections by the first of each month immediately following the month of each such inspection will result in immediate filing of non-compliance of this Stipulation and/or the prior Stipulation dated December 18, 2006. (3) After a period of one year, the need for ongoing inspections will be re-evaluated. (4) The defendant currently houses seven (7) cats on the premises. He will not seek the adoption of any additional cats. The defendant shall demonstrate that all cats have been neutered or spayed. Therefore, there will be no more than seven (7) cats on the premises at any time during the next year. (5) If the monthly inspections determine that either the "safe and sanitary" or the "fit for human habitation" legal standard is being compromised because of the number of cats, there shall be an immediate reduction in the number of cats to four (4). Evidence of this reduction would be required by documentation of the Feline Rescue League by showing transfer of the cats to their care or other transfer. for Plaintiff Dated this day of 200 . for Defendant DelleChiaie, Pamela From: Sawyer, Susan Sent: Monday, April 07, 2008 9:35 AM To: Grant, Michele; Rillahan, Deb Cc: DelleChiaie, Pamela Subject: FW: 260 Marbleridge Road - Cashins Report - April 2008 FYI on the most recent attempt to insp. Averka's residence. S From: DelleChiaie, Pamela Sent: Friday, April 04, 2008 2:55 PIVI To: Sawyer, Susan Subject: 260 Marbleridge Road - Cashins Report - April 2008 ----- Original Message ----- From: noredy(Ebyourcmier.com < mai Ito: noredy(d)yourcmier.com > f mai Ito: noreplycayourcogier.coml < ma ilto: I'mai Ito: noreply0ayourcopier.coml > Sent: Friday, April 04, 2008 3:50 PM To: DelleChiaie, Pamela Subject: Message from KMBT-600 OWN SKMBT600080404 14500.pdf 04/04/2008 13: 2 F. 1978689897 WILBUR A, HYATT THOMAS J� BURKE -aRNIAND M. HYATT HYATT AND HYATT LAw OFFICES HYATT & HYATT' 8 JACKSON COURT L-AVVRSNCE, MASSACHUSETTS 01840-1612 FACSIMILE- TRANS . MjSS1:OWCbVER,8HEE,' Admitted 10 MA, NH and CAL B,, Date: < To.- 5(JSVA_ / 1/6-11 A 0 V Via Fax Number: Tel -conf irmatiom., NUmber Of Paqes being sent, inclu ding this Cover' Sheett From . Re -. A ILJ -- V - -001". MEMO rc re 14' tAPPJ-1 W,5 A% 0 q ') dill S 11C4 CONFIDENTIALITY NOTICE; The information and documents hereby tranamtted are privileged and contain conf --�— 'L Tde tial Matters Intended Only for the party named above. No other reading, d--Lssemination, distribution or reproduction in authorized. c1rror, please Tjotify the If you this telecOPY in sender fmmedfateiy bi7 telephove and return mail the transmitted Oziginal(�) without making any copy, Your ie--cp'enses in so doing tjil reimbursed p,,,p,ly. Th8nk you for Your attention and cooperation in preserv.ing conf.i(je nt:�;IlitY and privacy. PAGE 01/02 TELEPHONE (978) 088-3521 TELECOPIER (978) 6,99-8977 0 4 0 4 /2 0 0 e. 13: 26 19786898977 H" 'A f -TT AND HYATT I FJ: J?4 .,'8124531 UE) CASHIN3 ASSOCIA71.:S CAQ !:E, & Associates, Inc. r-m4mmeow April 3, 2008 Armand 14yatt Hyatt & Hyatt 8 lack -son Street L$Wrellce, NIA. 01840 Subject' Avetka Residmce Dcar Attornoy Hyatt-, PAGE 02/02 PAGE 02 At yotw reque5t I revisited the horn, of j 'ated at 260.Marble Ridj?c Road, North Andover, MA.- The purpose of t1le *visit wa�� to re oseph Averka 10c, _inqpcct the home ind evaluate the conditio i is as they relate to cAt,� and the impact Of the cats On the living conditions, The survey was attempted on.'.1'.'iursday April 3, 2008. Mr Axerka was not hOtne at tile Urne of my inspection. .1 was able to view some of i ie first floor roorns through windows. Tbe condition Of the intclior that I was able to see was 8 during recent past inspections. imilat tj] what I had obscryed .1 will atteWt to revi5it the 1101ne again ill Ole next 3-4 day,�,. It is not possible to art,;, Tige a visit becaus Mr- Averka does not have a phonc� lf you h-'AvC MY questions, ptease cxdl, Sincerely, CaShinS & A -�ko6crt F. Cwhins, CW. Vice President 5 09 Norli Avenuc�, Stlite q - Wikefif,-Jd, MA 018,90 - Phone: 781 -2 :ax' 781-245�3 100 DelleChiaie, Pamela Subject: Parn-260 Marbleridge-need Cashins report Start: Fri 4/4/2008 12:00 AM End: Sat 4/5/2008 12:00 AM Show Time As: Free Recurrence: (none) Importance: High 4/3/08 - Call A. Hyatt back if not received by noon on 4/4. Hyatt stated that Cashins forgot about it, and will get it to him by Friday. -MRRqRq�7 HYATT AHD HYATT PAGE 02/02 -�AOe- 16:55 19 NS& CASH I Associates, 1,,,. -7", & Unvh-orjner,t.Vj -February 15.. 2008 Armand Hyatt Ryatt & Hyatt gJackson Street Lawrence. RA 01840 Subject: Averka Residence Dear Attorney Hyatt: At Your request I revisited the hoine of Joseph Averka located at 260 Marble Ridge Road, North Andover, MA. The Purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to ts and the impact of the c survey was done On Friday, February 15, 2oO8. 'It", (In the living conditions. The' ca Conditions in the house are the same as what waq found during rny last inSpection. T immediate attention. . wo things need The broken window in the basement Deeds to be replaced or the ope ng blocked. Material tmTorarily stored in the breezeway should be removed. ni It is clear that Mr. Averka is making an. effort to inaintain the house interior in an acceptable manner. 14e has been successful in that ICBM with the assistance of the cleaning person.. The house is safe, sanitary and fit for human habitation. If you have any questions., please call,, sincerelY7 Casbins & Associates In Robert K Cashins( ClH Vice President 2tWIR94VA'2W#9.d� 599 North -Ventle, "�tiiW 01 02/19/2008 16.55 19�86890977 HYATT -AND HYATT A LAW OFFICES HVATT & HYATT Eigbt Jackson Court Lawrence, AIA 01840-161Z Wilbut A. Hyatt '. Of C��,unsej Atmand M, Hyatt,'adimitted in ALQ�, NH & Cal. PAGE 01/02 Telephone (978) 688 - 3521 Telecopier (978) 689 - 8977 FACSTMILE TRANSMIqSION COVER SHEET Date of Transmission- February 10, 2008 To: Susan Saivycr,Health Departrnenr( Town of North Andover Via� (.978)688-84/6 Re. MY clicnt, Joseph A,,--cika - 260 Marble Ridge 1?oad - NEHousin Court 06 -CV -00140 .g Dear Susan: Accornpanving this cover, is a copy of this month',q rcport fiom Cashins & Associates, Jiic. about the qbove-referenced matter. As you can see, there were no significant changes since last Month's report. The continued success of.Mr. Averka is noted, as is the salient point that the premises are to 11 safe., sanitary and fit for human, habitation . As a practical matter, p1case be informed. thal J will be visiting the property personally within the next couPle of days to make arrangements for tbc repair of the broken window it) the basement and for some roofing work to be conducted. At that time, I will also address the , removal of the items being temporarily storcd in the brcezeway, For tracking purposcs, next month's reporting will inform you as to such removal. Tbank you for your attention to this matter. AMH/dr Total Pages Transmitted (including this cover page): TWO (2) 01/07/2A08 15:35 19 7 8 6 8 9 89 7? 7 HYATT A[ ID Hy"ATT LAW OFFICES HYATT & HYATT 8 JACKSON COURT LAWRENCE.. MASSACHUSETTS 01040-1612 WILBURA, HYATT THOMAS J. BURKE ARMAND M- HYATT - AdmiHad to MA. NH and CAL Barl january 7, 2008 Susan Sawyer, Health DepaTtinent TOWD. ofNOTth Andover VIA FACSMILE (978.) 688-8476 PAGE 01/02 TELEPHONE (978) 658-3521 TELECOPIER (978) C,89-8977 Re: 1\4 r, Ho ui dock t#06 -CV -001.40 y rlicnt,.Tosepl-i Averica -- Northeast using Co 7t e Dear Susan: In compliance with the obligations of the Stipulation., I ani providing you with this niontW,,; copy of the prerniscs i,nspection report by Cashins & Associates, Inc. you will note that there are some additional factors addressed in the report whiell do not pertain to the relevant consideration as to . "safe, sanitary and fit for hurnan babitation" (the -report 1-nakes clear that the premises are fully compliant in this regard). I had asked Mr. Cashins tonialce a few suggestions above and beyond the relevant legal SCOPC Of Our Stipulation to assist n-ic in belping Joe widi other aspects of property maintenance to insure we keep on top of things. I trust you will find this, report satisfac.toTy and look fonvard to another in FcbruarY. ANIH/dr Total Pages Transmitted: TWO (2) C— 0 1 / 0 7 / 2 fl 08 15: 3 5 1,3 -, e, 6 8 9 c�, sj HYATT AND HYATT LAW OFFICES HYATT & HYATT 8 JACKSON COURT L-AWRENr-E,. MASSACHUSETTS 01840-1612 WILBUR A, HYATT THOMAS J. BURKE ARMAND m. HYATT' - AdMIned to MA. NH and CAL Bar,,t januavy 7, 2008 Susan Sawyer, Health Department TOWD. ofNoTth Andovcr VIA FACSMILE (978) 688-8476 PAGE 01/02 TELEPHONE (978) 688-3521 TELECOPIER (978) 689�8977 Re: N4y clicrit,l-oseph Averica — Northeast 14ou,-,Ijlg Cow! docket # 06 -CV -001.40 Dear Susan: in coniplia.11ce with the obligations of the stipulation., I arn providing you with this month's copy of the prerniscs inspection report by Cashins & Associates, lnc� you will jote that there are some additional factors addressed iri the report Which do not pertain to the relevant consideration as to "Safe, sanitary and fit for hurnan habitation" (the -report ii-iakes clear that the prci-nises a.re fully compliant in this regard). I had asked Mr. Cas,]Tins to make a fm, su.ggestio.lis above and beyond the relevant legal scope of our Stipulation to assist Tric. in helping Joe wid) other aspects of property maintenance to insure we keep on top of things. '11 f -orvvard to another in February. ltrustyouwi Jildthis report satisfactoryand look f .AMH/dr Total Pages Transmitted: TWO (2). 0 1 0 7 Fj 0 8 15: '5 January 3, 2008 197868q8977 Annand Hyatt Hyatt & 1-1yatt 8 Jacksorl Street Lawrence., MA 01840 Sul�ject: Averka Residence Dear Attorney Hyatt: HYATT AND HYATT CASHINS & Ucom" tv'� h;," Associatest Inc. PAGE 02/02 At your request I revisited the home of Joseph Averka located at 260 Marble RidgeRoad, North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate tile conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done on Friday, December 28, 2007. Thehouse cleaner is still work-ing'Arith Mi. Averka. She does general cleaning and helps with the cats, There were nurneroix; cat litter boxes throaghout the house. The litterboxes were well maintained at the tim , c were clean and, in good cor .. eoftheirisit. The roolm inthehous dition. The, battiroorns were clean. There are a fe�w issues not related to the cleanliness of the house that need to be addressed. They include'� Broken window in basement. Windo,,v should be replaced. No heat to two roorns. Have HVAC person review beating system and repair as needed. • Water in basement. Sump parrip wor�-s but does not seem to be able to keep up with inflow. • Roof condition. Visualty roof is in poor condition. Indication of a roof/wall leak at kitchen window. • Breezeway/garage. Boxes and plastic bags accumulating. Joe has an arran. gement to dispose of items in a dumpster. Need to clear out breezeway. it is clear that Mr. Avcrka is making an effort to maintain, the I -louse interior in an acceptable Manner. He has beerl successU in that effort with tile assistance of the cleaning person, The, house is safe, sanitary aind fit for I-mi-nar. habitation. if you have any questions, please call. Sincerely, Cashitn) sociate I obert F, 03shins, CIH Vice President li99 North AvenLie, ' ,uite 8 - Wakefield, NAA 01880 * Phone: 781-245-1400 * Fax: 781-245-3100 DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Thursday, January 17, 2008 10:49 AM To: Thomas Trowbridge (E-mail) Subject: 260 Marbleridge Road - Averka vs. Town of North Andover - Amended Stipulation re: premises Importance: High ----- Original Message ----- From: noreply@yourcopier.com [maiIto:noreply@yourcopier.com] Sent: Thursday, January 17, 2008 11:32 AM To: DelleChiaie, Pamela Subject: Message from KMBT-600 M&-bl [Ad SKMBT600080117 11320.pdf COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. 06 — CV — 00140 North Andover Board of Health, plaintiff Joseph Averka, defendant AMENDED STIPULATION OF THE PARTIES Regarding the residential premises at 260 Marble Ridge Road, North Andover, MA, and the subject litigation, the parties hereby consent and agree to amend their previous Stipulation dated December 18, 2006 and therefore do hereby stipulate and agree that such prior StipulatiOn be modified and amended as follows: (1) There will be monthly inspections of the residential premises will be conducted by Cashins & Associates, Inc. of Reading, Mass. or by some other third party of mutual agreement ("Cashins"), at defendant's expense, to ascertain that the premises are being maintained at the appropriate legal standards of "safe and sanitary" and "fit for human habitation" Cashins shall promptly submit a Report of each such monthly inspection to the Town of North Andover Board of Health. (2) Failure to submit inspections by the first of each month immediately following the month of each such inspection will result in immediate filing of non-compliance of this Stipulation and/or the prior Stipulation dated December 18, 2006. (3) After a period of one year, the need for ongoing inspections will be re-evaluated. (4) The defendant currently houses seven (7) cats on the premises. He will not seek the adoption of any additional cats. The defendant shall demonstrate that all cats have been neutered or spayed. Therefore, there will be no more than seven (7) cats on the premises at any time during the next year. (5) If the monthly inspections determine that either the "safe and sanitary" or the "fit for human habitation" legal standard is being compromised because of the number of cats, there shall be an immediate reduction in the number of cats to four (4). Evidence of this reduction would be required by documentation of the Feline Rescue League by showing transfer of the cats to their care or other transfer. Dated this second day of January, 2008. ...11" f& Plaintiff 4 - - S U S " ,, S J." C A - -.1 TALUY11- % &J9 OS J,)Od Scr,-J- 20 2 - 3 6 dd kkA oi 9 4 s— (Olf— 175q,D f�-'M + t, a�,T�— /AA Ofbtfo 6 9S-- 3 S- 2-1 COMMONIWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT 7 V.- P !,:I 11-1 L- I � C?-Fcm� Defendant AGREEMENT TO CONTINUE No - 6a- C6140 The undersigned parties hereby agree to continue the above case to 200 fr , at o'clock. V i I -A --- 7 �gned 'daft3i56 by Plaintif f Signe Defendant' 7 Date COPI(��N) �AILED) TO PARTIES ON - I /�- ted by Defendant 4 Et!c*ney . z t /,;-> �; //, - - 7 12./ 2, 8/22 0 0 7 12: '20 jq-�'60qRq�7 �Q u - —, . HYATT AND HYATT PAGE 01/05 LAW OFFICES HYATT & HYATT 8 JACKSON COURT LAVVIRENCE, MASSACHUSIETTS 01840-1612 '4'JILBUR A, HYATT THOMAS J. BURKE ARMANO M HYATT' FACEWILE TRANSHISSION�CbVER.SHEET 'Admi"ed lo MA. NH and CAL Burg Date., Der-cmber 28, 20OZ To Susan SawvgLr,-AQT ,kb -Andover Board of Health TELEPHONE (978) 688-3521 TELECOPIER (978) 689-8977 via Fax Number: L9782 688-8476 Tel Confirm&tion: (978) 688-9540 Number O:f Pages boinq sent, including thin COVei Sheet. FIVE From: fivatt -Sdr)- Re AnZl&a MaLLOT- - 260 Marbleri -Road, Nortly An Ver - -UL;kq-Q MEMO - ' I susa.-n! Please review and commefl.t, Armand M. Hyatt (dr) CONFIDENTIALITY NOTICE: The Information and documents hereby transmitted are privileged and contain confidential matters intanded only for the party named above- No other reading, dissemination, digtribution or reprQdUCLion is authorized. U you receive this telecopy in error., pleose notify the sender immediately by telephorle Lnnd return by matl the tr:irismitted original(,q-) without making any r-opy. Your expenses in so doing tqill be reimbLtr:,;t,1d promptly. 1,h-ank CoT vour ittention -ind conper:itj(:�n Pr(2r-e-Evit1,1-' conf:l.dentirtlity -Ind prLv.r.icy. �`elbl." 1007 12: '0 1137.1�60'Daq PAGE 02/05 HYATT AND HYATT Page 1. of 2 Lawrence Law Office From: "Armand M. Hyatf'<Metateri-ain@comrast-net> .To: "Lawrence Law office" <drhyattlaw@empire_net>; "Real Estate Legal" <dbhyattlaw@em pire. net>; <tat. boh@) comcast. net> Sent: Friday, December 28, 2007 11-157 AM Attach: Averka case - Amendment to Stipulation of Parties.doc Subject: AVERKA case - amended Stipulation Dear Doctot1`ro-wbridgc--- Attached i� what I belicvc to be the p-toperly formatcd airiended Stipulation that cono- ins all of th.e Provisions you �upljhed. Plcasc fonvard th�s to Susan ... I'llalso have a cop. y fixed to hct. and ask hcr if .51 -le feels it nuight need any tt-6 iions, It would be com.-cnitnt if I had Susan's e-mail address, so perhaps you co,Ldd wsc REPLY ALLalod add Susan to the distributioti list. Thanks. Happ), New, 'Y cat. Hyatt From. ttat. boh@(zoaicast. net [nia ilto; tat. boh4comc-ast. net] Sent: Thu 12/20/2007 11:24 PM To, Armand Hyatt Cc: tqtboh@�cqmastne t Subject., amendmeni: to sUpulation Atty. Hyatt- Thai* you for meeting, with me at my office on N-Tonday. We are certainly glad to see the progress made in this situation. I have noted ho're the amendments that we reviewed the other day. Susan and I feel strongly about this list but please let its know if there any items that.N.1r. Averka will be unwilling to comply. Susan thinks an amendment could be signed at the next housing court date of January 3, 2008 (or possibly sooner), I think the amcnolment itself could be written by either you or th hoasing court specialist, Please confirm the niurnber of cats presemly living oT, the premises. e - There will be monthly inspections to ascertain that the residential. premises are mairitained at a standard of 'safe and sanitary and fit for human habitation,' to be perfori-n. ed by Cashins & Associates, Inc or some other third part Board of Health, . I v of mutual agreetnent. Reports will be submitted to the North Andover -Failure to submit inspections by the first of each month will result in immediate filing of iion- compliance of the Stipulation dated 12/18/2006 and the. attached amendment for No. 06 -CV -00140 in MA Housing Court -After a period of one year, the need for ongoing inspections will be re-evaluated. -The defendan't currently houses xx cats On the premises. J-J.e will not seek the adoption of any additional cats, The de.fendant shall. demonstrate, that all cats have beet neutered or spayed. Therefore, t1lere will be, no more than xx cats oil the Pren-lises at any tiyne during the next year, -.If the monthly inspections detern. i ine that the 'safe and sanitary' standard is compromised due to the numbc:r of cats, there shall be an immediate reduction In tile number of cats to four. Proof of this reduction WOUld be required by the Felipe Rescue League by showing transfer of the cats to their care or other transfer. 12/28/07 121"21 R/ 2 0 0 7 12: 2T-1 197860,98977? HYATT AND HYATT PAGE 03/05 Thomas Trowbridge Page 2 of 2 12/28/07 11/29/200.7 12:52 7812453100 CASHINS & ASSOCIATES PAGE 02 rASHINS K %-.r Associates, Inc. 41W Industrial Hygiene & Environmental Testing November 29, 2007 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 0 1840 Subject: Averka Residence Dear Attorney Hyatt: At Your request I revisited the home of Joseph Averka located at 260 Marble Ridge Road, North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done on Tuesday November 27, 2007. Mr. Averka, he has hired a cleaning person who comes to the house almost daily. The person does general cleaning and helps with the cats. There were numerous cat litter boxes throughout the house. The litter boxes were well maintained at the time of the visit. The rooms in the house were clean and in good condition. The bathrooms were clean. There was an accumulation of boxes, papers and cat litter box containers in the breezeway and kitchen. Mr. Averka was advised that it was important to reduce the amount of clutter in the house. Jenna, the cleaning person will work with Mr. Averka to reduce the clutter in the breezeway and kitchen. It is clear that Mr. Averka is making an effort to maintain the house interior in an acceptable manner. He has been successful in that effort with the assistance of the cleaning person. If you have any questions, please call, Sincerely, Cashins & Associataq, Inc. �o b e r 4tF. a s i n si,C -IHI'4 Vice President 20(MHYA.12950.d� 599 North AvellUe, Suite 8 0 Wakefield, MA 01880 a Phone: 781-245-1400 * Fax: 781-245-3 100 COMMONWEALTR OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. 06 — Cv — 00140 RECEIVED North Andover Board of Health, plaintiff DEC 2 12006 V. LTI�IN ' 7 C )i TOWN OF- NORTH ANDOVER r 1.1 D Joseph Averka, defendant HEALTH DEPARTMENT STIPULATION By CONSENT OF THE PARTIES Based on the plaintiff's request and the Court's determination of legal need for ongoing on. -site monitoring of the recently improved conditions vAthin the residential premises at 260 Marble Ridg,,e Road, North Andover, Massachusetts to maintain the necessary and appropriate standard of "safe and sanitary and fit for human habitation" in compliance with the State Sanitary Code following the recent clean-up of the residential premises and also based on. the defendant's preference not to grant the plaintiff access to conduct such monitoring, the parties consent, stipulate and agree as follows: Monthly inspections of the premises will be conducted by Cashins & Associates, Inc. of Reading, Mass. C'Cashins"), at defendant's expense, to ensure continuing compliance as referenced above, which shall. include the limitation of no more than two cats within the premises. Cashins shall submit to the plaintiff a surm-nary report of its relevant findings from, such inspections, The inspections must be limited to necessary and appropriate to achieve legally relevant monitoring, but may not be conducted to any ffirther extent or for any further purpose. Dated this 18'h day of December, 2006. Plaintiff for Defendal 11/1-1j,"20C17 14:11 1918689897� HYATT AND HYATT PAGE 03/05 AddMINI —AC H I N S & Associates, Inc. "'Rompr Induoriat Hygiene& Environmental TrOhip, August 29, 2007 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 0 1840 Subject- Averka Rcsidcnce Dear Attorney Hyatt: At your request I revisited the home of Joseph Averka located at 260 Marble Ridge Road, North Andover, MA, The purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done on August 23, 2007� Mr. Averka has an unknown number of cats living in the house. According to Mr. Averka, he has hired a cleaning person who comes to the bouse thTee times per week. The person does gerieral cleaning and helps with the cats. There were nwnerous cat.litter boxes throughout the house. The litter boxes were well maintained at the time of the visit. The rooms in the house were clean and in good condition. The bathrooms were clean. The beating systern has been repaired.. Attached are the pictures, of the house interior which show the condition of the house at the time of the visit.. It is clear that Mr. Averka is making an effort to maintain the house interior in an acceptable manner. He has been successful in that effort with the assistance of the cleaning person. If you have any questions, please call. Sincerely, Cashins & Associates, Inc, 7" Robert F. Cashins, CIT.4 Vice President 11.1`1331'2007 14:11 19786898977 HYATT AND HYATT LAW OFFICES HYATT & HYATT 8 JACKSON COURT LAWRENCE, MASSACHUSETTS 01840-1612 WILBUR A, HYATT THOMAS J, BURKE ARMAND M. HYATT I Adm1flad to MA, NH and CAL Rare September 5, 21007 Susan Sawyer., Health, Department TwA.,n of North Andover Via FACSIMILE (978) 688-8476 PAGE 02/05 TELEPHONE (978) 688-35,' TELECOPIER (978) 689-89i Re� My client, Joseph Averk-a - Northeast.Housing Court docket #- 06 — CV — 00140 As you may have expected from our telephone conversation of a couple of weeks ago, Robert Casbins, C,I.H. of Cashins & Associates, Inc,, has conducted a site visit and inspection of the residential premises occupied and, owned by Joseph Averka (Trustee), located at 260 MarbleridgQ Road, North Andover, Massachusetts. I enclose a copy of Robert Cashins' Inspection Report for your review - Although it had been agreed upon by us that these inspections and reports would occur monthly, it seems that Mr. Averka mistakeyily believed, in goodfiiith, that his having hired an almost -daily cleaning lady to keep his home clean would. obviate the need for such protocol as you and I bad established in the context of the Court proceedings. It should be c1m. ftom the contents of the enclosed Inspection Report that Mr. Averka did., indeed, have at least a. factual basis for his good faith misunderstaTiding. Please accept i,iiy client's apology for having made this procedural mistake. However, I am pleased to note that the substantive matter of "fitness for human habitation" vis -A -vis cleanliness is being effectively addressed in a, very responsive (and responsible) matmer. There is one other aspect that may affect technical compliance, pertaining to the Court imposed limitation of only two cats living within, the premises. Mr. Cashins' Inspection. Report makes clear that there is effective use of litter boxes and no adverse effects from there presently being n1()Te than two cats in the house. Mr. Averka has been in constant communications with legally recognized, non -profits which care for the qualitative life provisions of felines, and is doing an admirable job of coordinating such shared living within his own home. Accordingly, I ask that you assent to a Revised Stipulation that could be presented to the Court as a basis for a revised Order. Please let me ki.-iow your position in ligbt of the above. ThaR.k- you. ArmaA M. Nvatt Total Pages Transmitted: FIVE ( 5 ) I 11/29/2007 12:52 7812453100 CASHINS & ASSOCIATES PAGE 01 H I N S & Associates, Inc. Industrial' Hygiene & Environmental Testing -FACSIMILE COVER PAGE To: 4Y From: —_ MOG b -I& 77 - Fax #: _9 e—' i// C9 - 0-9 -2 7 Fax#: Company: J-1YA 77- 1- A169 77- Phone#: 781-245-3100 781-245-1400 Date: — 14'atI. Pages: (including coverpage) Subject: — 1 .4 1/z If Cashins & Associates, Inc. is a full service industrial hygiene, safety and environmental health consulting firm. Founded in ig8i we are celebrating over 25 years of assisting industry with complex compliance issues. Services Overview: Industial Hygiene Safety Inspections Indoor Air Quality Moisture Assessments Mold Evaluations Ventilation Audits Confined Space Entry Respiratory Protection Health & Safety Plans OSHA Compliance Noise Monitoring Air Sampling Community Exposure Monitoring Ergonomic Assessments Health & Safety Programs Complex Issues... Pracdeal Solutions 599 North Avenue, Suite 8 - Wakefield, MA 01880 - P: 781-245-1400 - F: 781-245-3100 - www.cashins.com 11./1311".007 14:11 19?'_368989?? HYATT AND HYATT LAW OFFICES HYATT & HYATT a JACKSON COURT LAWRENCE, MASSACHUSETTS 01840-1012 WILBUR A. HYATT THOMAS J. BURKE ARMAND M. HYATT* ' Adrn1ftGd to MA, NH and CAL Ram September 5, 2007 Susan Sawyer, Health Department Town of North Andover Via FACKMILE (978) 688-8476 PAGE 02/05 TELEPHONE (978) 688-35' , TELECOPIER (978) 689-81;� Re: My client, Joseph Averk-a - Northeast,Housing Court docket 4 06 — CV — 00140 As you may have. expected from our telephone conversation of a couple of weeks ago, Robert Casbins, C.I.H. of Cashins & Associates, Inc.,, has conducted a site visit and inspection of the residential premises occupied and, owned by Joseph Averka (Trustee), located at 260 MarbleridgQ Road, North Andover, Massaebusetts. I enclose a copy of Robert Cashins' Inspection Report for your review - Although it had been. agreed upon by us that these inspections and reports would occur monthly, it seems that Mr. Averka mistakenly believed, in good faith, that his having hired aii alniost-daily cleaning ladv to keep his home clean would obviate the need for sucli protocol as you and I bad established in the context of the Court pToceedings. It should be clear from the contents of the enclosed InspectioT) Report that Mr. Averka did, indeed, have at least a. factual basis for his good faith misunderstanding. Please accept my client's apology for having made this procedural mistake. However, I am pleased to note that the substantive matter of "fitness for human. habitation" vis-il-vis cleanliness is being effectively addressed in a very responsive kand responsible) manner. There is one other aspect that may affect technical com pliance, pertaining to the Court imposed limitation of only two cats living within the premises. Mr. Cashins' Inspection, Report makes clear that there is effective use of litter boxes and no adverse effects from there presently being moTe than hvo cats in thebouse. Mr. Av�rka has been in constant communications with legally recognized, non -profits which care for the qualitative life provisions of felines, and is doing an admirablejob of coordinating such shared living within his own home. Accordingly, I ask that you assent to a Revised Stipulation that could be presented to tile Court as a basis for a revised Order. Please let me know your position in light of the above. Tbajq.k- you. Total Pap Arm all A 11 yatt ,es Transmitted: FIVE ( 5 ) COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT P Icl III L j- f f Defendaiat AGREEMENT TO CONTINUE No. �,I-ea, eel4o The undersigned parties hereby agree to continue the above case to 9,4,� 3 1 1 200 at ./ AY o'clock. V i I gned a d a Signe .9-Ka'datA by Plaintiff Defendant' 7 Date COPI(��N) �AILED) TO PARTIES ON I P- ted by Defendant 'MIZIVII—� AA, 414�-, U t!c* n ey 11L �; /,,, --7 11/29/2007 12:52 7812453100 CASHINS & ASSOCIATES PAGE 01 r A Q 1-.�HINS & Associates, Inc. Industrid Hygiene St Environawntal Tesfing FACSIMILE COVER PAGE To: -AgAwwo 4&A 77 - Fax #:, 9 2 9-- ell C9 — 0-9 '7 7 Company: J1YX 77- V- )//,-o From: &—,6 Fax#: 781-245-3100 Phone#: 781-245-1400 Date: Azw- .7 9 -, -7 Pages: 2- (including coverpage) Subject: Cashins & Associates, Inc. is a full service industrial hygiene, safety and environmental health consulting firm. Founded in ig8i we are celebrating over 25 years of assisting industry with complex compliance issues. Services Overview: Industrial Hygiene Safety Inspections Indoor Air Quality Moisture Assessments Mold Evaluations Ventilation Audits Confined Space Entry Respiratory Protection Health & Safety Plans OSHA Compliance Noise Monitoring Air Sampling Community Exposure Monitoring Ergonomic Assessments Health & Safety Programs Complex Issues... Practical Solutions 599 North Avenue, Suite 8 - Wakefield, MA 01880 - P: 781-245-1400 - F: 781-245-3100 - www.cashins.com 11/29/2007 12:52 7812453100 CASHINS & ASSOCIATES PAGE 02 199ohL I rASHINS & Associates, Inc. November 29, 2007 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 0 1840 Subject. Averka Residence Dear Attorney Hyatt: At your request I revisited the home of Joseph Averka located at 260 Marble Ridge Road, North Andover, MA. The purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done on Tuesday November 27, 2007. Mr. Averka, he has hired a cleaning person who comes to the house almost daily. The person does general cleaning and helps with the cats. There were numerous cat litter boxes throughout the house. The litter boxes were well maintained at the time of the visit. The rooms in the house were clean and in good condition. The bathrooms were clean. There was an accumulation of boxes, papers and cat litter box containers in the breezeway and kitchen. Mr. Averka was advised that it was important to reduce the amount of clutter in the house. Jenna, the cleaning person will work with Mr. Averka to reduce the clutter in the breezeway and kitchen. It is clear that Mr. Averka is making an effort to maintain the house interior in an acceptable manner. He has been successful in that effort with the assistance of the cleaning person. If you have any questions, please call. Sincerely, Cashins & Associates.,—Inc. -16bert 4Fas ins, CIH14 Vice President 599 North Avenue, Suite 8 * Wakefield, MA 01880 a Phone: 781-245-1400 - Fax: 781-245-3100 11/13/20C17 14:11 19786898977, HYATT AND HYATT I PAGE 03/05 -AC ,-31 f . CM H I N S & Associates, Inc. ............... .............. ........... ...... Nqalw �*g*i'e'n-e- TrOhir, August 29, 2007 Armand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 01840 Subject- Averka Residence DeaT Attorney Hyatt, At your request I revisited the home of Joseph Averka located at 260 Marble Ridge Road, North Andover, MA, The purpose of the visit was to re -inspect the home and evaluate the conditions as they relate to cats and the impact of the cats on the living conditions. The survey was done on August 2 3 � 21007 � Mr. Averka has wi unknown number of cats living in the house. According to MT. Averka, he has hired a cleaning person who comes to the bouse thTee firnes per week. The person does general cleaning and helps with the cats, There were numerous cat litter boxes throughout the house. The litter boxes were well maintained at the time of the visit. The rooms in the house were clean and in good condition. The bathrooms were clean. The heating system has been repaired. ,Attached are the pictures of the house interior which show the condition of the house at the time of the visit.. It is clear that Mr. Averka is making an effort to maintain the house interior in an acceptab)e manner. He has been successful in that effirt with the assistance of the cleaning person. If you have any questions, please call. Sincerely, Cashins & Associates Inc. Robert F. Cashins, CITJ Vice President V�11 Nor+ 0 Complete items 1, 2, and 3. Also complete item 4'if Restricted Delivery is desired. N Print your name and address on the reverse so that we can return the card to you. N Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Wr A. Signature X B. Received by (Printed D. Is delivery address differeWt from item 1 ? LJ Yell/ If YES, enowffiliewmelct daurt Fenton Judicial Center 9. Apploton Street � --t�,vr,—"- NIA 01840-152.9 3. Servjp4ype Inertified Mail 0 Express MaHl 0 Registered 13 Return Receipt for Merchandise El Insured Mail 0 C.O.D. 4. Restricted Delivery? (Ektra Fee) 0 Yes 2. Article Number (rhansfer from service labeq 7003 2260 0006 8627 1930 I P!;Fnrrn3R11 Fs-hrPmrvqnnA n—.01� P.f"— P... UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box 0 ,4ORTH ANDOVER HEALTH DEPT� 1600 osgood Street Building 20, Suite 2-36 N orth Andover, M A 0 184 5 - 111111111ililililliffilill - It - lilt 0 Complete items 1, 2, and 3. Also complete item 4 if -Restricted Delivery is desired. 0 Print your name and address on the reverse so that we can return the card to you. N Attach this card to the back of the mallpiece, or on tke front if space permits. 1. Article Addressed to: 7/ 7 '40 A. X B. Received by( _---TJ Agent 13 Addressee! C. Date of)Deliverv! D. Is delivery address different from item I? LJ Yes If YES, enter delivery address below: 0 No 3. Servi pe Z�C_=ifie'd Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number I (rransfer from service label) 7003 2260 0006 8627 1947 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 Sender: Please print your name, address, and ZIP+4 in this box NORTH ANDOVER HEALTH DEPT. Osgood Street iNal/UMVdacl ""'v3 r ling 20, Suite 2-36 North Wover, MA 01845 1001 9 9 AON 0 Col - C" a. PUBLIC HEALTH DEPARTMENT (ommunity Development Division November 9, 2007 Commonwealth of Massachusetts Northeast Housing Court 2 Appleton Street Lawrence, MA 01840 Re: 'Case #06 -CV -00140 - Town of North Andover vs. Joseph Averka Please note that the parties have conferred and are requesting that the reopening of the matter noted above be moved from 11/15/07 at 2:00 PM to 11/29/07 at 2:00 PM. Thank you, Susan Sawyer, R HSi�RS Public Health Director C3 M BMW MAW9 171- ru OFFICIAL USE I Postage $ 'n r-3 CortMed Fee M ostmark E3 Return Redept Fee Here (Endorsement Required) M R=� Fee �n (E tN=qWrsd) ru nj Total Postage & Fees Is 6— M C3 �sant Toe�� M 17" . ......... --ff ---------- W ......... 9 ........ .... 3iMet. Apt a* I -671F.Mi. 7 1 111— ..... * ... 7 ..... .......... 20; Z4,1. 2 1600 Osgood Streei, North Andover, Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthandover.com Er ru "0" F-F* ICIAL USE —,31 CO Postage $ -0 C3 Cafffled Fee C3 M Return Rodeo Fee (Endorsement RequImM Postma* Here M —0 ru R=d IF. (E 9Dnt-R1Weq.Y red) ru Total Postage & Fees 1421 ,)1/0 M M E:3 17- 21-�- 77' ......... . -- - --- -------- --- ----------------------- orPOBoxft 1600 Osgood Streei, North Andover, Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthandover.com COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaint if f V. - Defendant No. t5 ZP '- C. \-/ - b t� J 'i T) MOTION WITH HEARING AT IAWRENCH 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 other -f4- for the following reasons: c4 v, -- c--. in 1. , I. .- 4- �.. , J --4- - ..- i. _ r -�J This motion will be heard by the Northeast Housing Court at Courtroom 3, Northeast Housing Court 2 Apple on Street, Lawrence, at,J: 00 o'clock P.14, Thursday, -- - __. . 1,:5'- _, 2007-- I (gave) (mailed) a copy of this motion on to ,/ //P/c, 7 Name Zbl2r-:1 �ddress -,3-L 7 A b ,T:elephone COMMONWF�Mjn OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. 06 — CV — 00140 i RECEIVED North Andover Board of Health, plaintiff FJEC 2 12006 V. TOWN OF NORTH, AN01OVER HEALTH DEPARTMENT Joseph Averka, defendant OF THE PA -RIMS Based on the plaintiff's request and the Court's determination of legal need for ongoing on. -site rnonitoring of the recently improVed conditions within the residential premises at 260 Marble Ridge Road, North Andover, Massachusetts to maintain the necessary and appropriate standard of "safe and sanitary and fit for -human habitation" in compliance with the State Sanitary Code following the recent clean-up of the residential prernises Ea-ld also based on. the defendant's preference not to gTant the plaintiff access to conduct such monitoring, the parties consetit, stipulate and agree as follows: Monthly inspections Of the premises will be conducted by Cashin.s & Associates, In.c. of Reading, Mass. C,Cashir-ts"), at defendant's expense, to ensure continuing compliance as referenced above, which shall include the limitation of no more than two cats within the premises. Cashins shall submit to the plaintiff a sumrnary report of its relevant findings from such inspections, The inspections must be limited to nec essary and appropriate to achieve legally relevarit monitoring, but may not be conducted to any finther extent or for any further purpose. Dated this 18'h day of December, 2006. 2 for Defendant ,,Xf�� Plaintiff a Q il iL ell J6 - PUBLIC HEALTH DEPARTMENT (ommunity Development Division August 1, 2006 Northeast Housing Court Fenton Judicial Center 2 Appleton Street Lawrence, MA 0 1840 RE: CHANGE OF ADDRESS To Whom It May Concern: /'�ve 1�61_1 z C ;1;;�ZI), Please DOte that the Town of'North Andover Health.Department movedfrom 400 Osgood Street, North. Andover, MA 0 1, 845 to 1600 Osgood. Street, Building 20; Suite 2-36, North Andover, MA 0 1. 845, effective May 8, 2006. 1 understand that you cannot make address changes without notice in writing. Please address all future correspondence and notices to this address. Please contact me at. the below phone Dumber if you have any questions. Thank you for Your prompt attention to this matter. Sinc9r'6Jy' S San Y. Sawyer, REHS/RS Public Health Director 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688-9540 Fax 978.688.8476 Web www.townofnorthandover.com 0. 0. Z, > 00 tTj (M4 4), 0 ITI z COX zctpo 0 n, -4 Z_ ozo Z_ -4 'r, oDn 0 xaz coo DxM 0 a 7 N' to Ln i i s Q4,11 Mailing date: July 17, 2006 Susan Sawyer, Director North Andover Board Health 27 Charles Street North Andover, MA 01845 Pi Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Susan M. Trippi Clerk Magistrate Re: North Andover Board Health Vs: Joseph Averka No: 06 -PC -00282 David D. Kerman Associate Justice Date: July 14, 2006 NOTICE OF SHOW CAUSE HEARING . A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk's hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk's Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 02:130 o'clock, Monday, July 31, 2006. At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. Susan M. Trippi Clerk Magistrate ECMS: SCH-SCAUSE REQUEST FOR CRIMINAL COMPLAINT FOR STATE SANITARY CODE VIOLATIONS To any Justice or Clerk -Magistrate of theAJC>._4-L, Housing Court: 412>eij, A,jve-_ on beh�rf D� the tommo-nwealth, on oath complains that: was and is the owner of residential premises located at 3 ?:3 4 6 6,0-1-7L _<_4L /1"4 :�C> V 1 4 - On 2- 200 a representative of the Program inspected the said premises and determined that the dwelling did not comply with the provisions of Article I! of the State Sanitary Code, 105 C.M.R., §410.000; 0 n -j _W . " e- '1 1 200 (. , pursuant to §410.832 - 833 of the Code, the def -i -n --dant was served with a written order to comply; 0 n 200_,L_, and from day to day thereafter the cWfendant has failed to comply with the order, each such day being a separate offense and a separate and di St4 nct 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. -T� ]�'a t e plainant.: Assigned for hearing on 200(,, , at o'clock. e17 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 Dat-�' Clerk -Magistrate 01* 11."13"2007 14:11 197868198977 HYATT AND HYATT LAW OFFICES HYATT & HYATT 8 JACKSON COURT LAWRENCE, MASSACHUSETTS 01840-1812 hILOUR A. HYA77 rHCNIASJ SURKC ARM010 M. HYATT* FACSIMILE.TRANSMISSION-C6VER SHEET A,�mi"ed Iti MA, NH and CAL Barn Date: fi0V 13, zod-7 I To usa'o, 0 I - AJ () r- fq-" A�, d o v c, 16oaA'- A M e- /X-'� PAGE 01/05 TELEPHONE (978) 688-3521 TELECOPIER (978) 689-8917 Via Fax Number: Ws- "A . Tel Confirmation. 69,f - 47--S-qo Number of Pageo b6ing sentp including this Cover' Sheet: From -. Re -. 7,G Mm o if(A- A-nJ 6 �c,, MEMO �X co VI U C)� - totalrL� CONFIDENTIALITY NOTICE- The infoz�matlon and documents hereby transmittRd are Privileged and contain confidential inatters intended Only for the party named above. No other reading, dLssemination, distribution or reproduction is authorLzed. -,Lf you receive thts telecopy ig errar, plea:3e ngtie,7 rhe sender i-,Timedta�ely I -,y �elephore 'Irld rkil-1.1crt by mail withoi.it makimf IIVV copv. four expens7v's Cn �30 (join i.,411 E! re�,,nojjr:s �,Or -JUr wd i................ w �t. t:; i"9 M! it Y1. .Or. I T,t;. iA. 71 t! XTZ om� VJ �Y,, Jim �gj , qj, 11W ®r .. ..... ... ,ql 11/13/2007 14:11 19786898977 HYATT AND HYATT PAGE 05/05 DelleChiaie, Pamela From: Sawyer, Susan Sent: Friday, November 09, 2007 2:25 PM To: DelleChiaie, Pamela Subject: letter to housing court Important Pam can you finish this up for me and I will sign it. It needs to go out Monday so the court will get it in time. Thankyou S A copy of the motion can go with it if you want. These two documents must be sent by mail to the attorney as well. Certified would be good I guess. Susan Sawyer, REHS/RS Public Health Director 978 688-9540 11/9/2007 Page 1 of I DelleChiaie, Pamela From: Sawyer, Susan Sent: Friday, November 09, 2007 2:16 PM To: Rees, Mark Cc: DelleChiaie, Pamela Subject: RE: N. Andover BOH vs. Joseph Averka - No. 06 -CV -00140 - 260 Marbleridge Road, North Andover I spoke with Attorney Hyatt and Jay McDonough of the Housing Court. Please note that due to a medical issue that Mr. McDonough has informed me about, we have all agreed that the date for court will be moved up to 11/29. He has been with this case since the beginning so I think it is good to wait for him to be there. Atty Hyatt wants to modify the order to allow for more cats and less monitoring. My position is we have not had enough compliance to consider that request and the Chairman of the Board of Health is against the idea altogether. I will let you know how it goes. Susan From: DelleChiaie, Pamela Sent: Friday, November 09, 2007 1: 11 PM To: Rees, Mark Cc: Sawyer, Susan Subject: N. Andover BOH vs. Joseph Averka - No. 06 -CV -00140 - 260 Marbleridge Road, North Andover Importance: High Mark, I have scanned, and I am sending this documentation regarding the above on behalf of Susan. There is a court date of November 15, 2007 at 2:00 p.m. at the Northeast Housing Court to request to restore the case to the list due to defendant's non-compliance. ----- Original Message ----- From: noreply@yourcopier.com [mailto:noreply@yourcopier.com] Sent: Friday, November 09, 2007 2:02 PM To: DelleChiaie, Pamela Subject: Message from KMBT-600 "Op *01/ C9 00 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT V. - Plaint if f Defendant No. bL, I 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 other for the following reasons: -D &4 t-) C-- A- M C This motion will be heard by the Northeast Housing Court at Courtroom 3, Northeast Housing Court, 2 Appl 5pon Street, Lawrence, a t '7: 00 o' c 1 ock P.14. Thurs day, J( 007. 2 to I (gave) (mailed) a copy of this motion on — -/ 1/?1c, 7 ture Name L' v C'7' r) -a, .4. /r4 dreps J -7 ZL&" - --f —' Telephone DURABLE POWER OF ATTORNEY J-4 KNOW ALL MEN BY THESE PRESENTS: That I, JOSEPH J. AVERKA, of 260 Marbleridge Road, North Andover, Essex County, Massachusetts, do hereby make, constitute and appoint, WILBUR A. HYATT of 17 Baremeadow Street, Methuen, Essex County, Massachusetts, my true and lawful attorney for me and in my name, place and stead and to act for me in all matters concerning all my property, real and personal as if I were present and able to do so myself and without limit to act for me in all following manners: 1. GENERAL POWERS. To exercise or perform any act, power, duty, right, or obligation whatsoever that I now have or may herandafter acquire, relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including but without limitation, the specifically enumerated powers granted below. I further grant to my said attorney full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present. 2. POWERS OR COLLECTION AND PAYMENT. To demand, sue for, collect, compromise, recover and receive all debts monies, property interests, claims and demands whatsoever,'now due or that may hereafter be or become due to me, including the right to institute any legal or equitable proceedings therefor or to defend and/or settle any of such on my behalf as may be necessary or apt; and to execute and deliver on my behalf and in my name, any and"'all endorsements, releases, receipts, or discharges for the same. 3. BANKING POWERS. To make, execute, deliver and endorse notes, drafts, checks, certificates of deposit and orders for the payment of money or other property from me or to me in order of my name; the right to make deposits or withdrawals on any accounts in banks or other financial institutions on my behalf, including but not limited to those accounts set forth on the attached schedule. 4. POWER TO ACQUIRE AND SELL. To make, execute and deliver deeds, releases, conveyances and contracts of every nature in relation to both real and personal property, including stocks, bonds,options, contracts of indemnity and insurance, on such terms and conditions as my attorney shall deem proper. �TA 5. POWERS WITH RESPECT TO LIFE INSURANCE CONTRACTS. To have full authority to deal with any policies of insurance on my life, including but not limited to, the right to make irrevocable assignments thereof, to surrender, borrow against, or convert any such policies and to change the beneficiaries thereof, or to take any other action with respect to such policies as my said attorney shall deem proper. 6. POWERS OVER SAFE DEPOSIT BOXES. To have access to all my safe deposit boxes, whether in my name alone or held jointly with others, specifically including but not limited to those safe deposit boxes listed on the attached schedule. 7. POWERS AS TO SECURITIES. To act as my proxy with power of substitution; to vote all stocks or other securities in my name in relation to any individual or corporate action, to deposit any stocks or other securities in connection with any plans of protective or reorganizational committees, to purchase, accept or exercise rights to subscribe for securities and to sell same, to endorse securities or any agreements relating thereto, on my behalf. 8. POWERS AS TO RENTS. To receive and receipt for all rents and income to which I am or may become entitled, pay therefrom all necessary expenses for the maintenance, upkeep, care and protection of my property, deduct therefrom his own reasonable compensation and pay the net income from time to time to me or in such manner as I shall direct, or in the absence of such payment to me or such direction, to invest the same in his judgement. 9. USE OF FUNDS FOR MY CARE. In the event of my illness, incapacity or other emergency, to incur and pay and satisfy such expenses and obligations for my comfort, benefit and care, and obligations of a nature customarily incurred by me, as in her judgment she may consider necessary or desirable or consistent with my wishes. 10. POWERS AS TO TAXES. To prepare, execute and file federal or state income, gift, or other tax returns and other real and personal property tax returns and other real and personal property tax returns and to pay or compromise any or all such taxes or apply for an collect any refunds due. 11. TRANSFERS TO TRUSTS AND OTHER ENTITIES. To transfer any or all property, tangible, intangible or real, in which I may have any interest, into a trust or trusts, whether created by me or by my said attorney on my behalf, including any form of co -tenancy, under such terms and with such provisions as my attorney deems in the best interests of myself and my family. In this regard, the fact that my said attorney may be a remainderman or a beneficiary in connection with any such transfer hereunder shall not effect the validity thereof, nor, by itself, constitute a breach of his fiduciary duty hereunder. 12. POWER TO MAKE GIFTS. To make outright gifts of my property to or for the benefit of such persons who, in the opinion of my said Attorney, would be the donees I may choose. 13. THIRD PARTY RELIANCE. Any party dealing with my said attorney hereunder may rely absolutely on the authority granted herein and need not look to the application of any proceeds nor the authority of my said attorney as to any action taken hereunder. In this regard, no person who may in good faith act in reliance upon the representations of my agent or the authority granted hereunder shall incur any liability to me or my estate as a result of such act. 14. GUARDIANSHIP. In the event petition is filed in any Court for the appointment of a guardian or a conservator to care for me or my estate, then I nominate the said WILBUR A. HYATT as such appointee. Nothing in this part shall be construed as a direction that such a petition be filed or such appointment be made, and it is my express wish that such action be taken only when and if absolutely necessary. 15. RELIANCE ON COPIES OF THIS POWER. A photostatic copy of this power, as executed, may be treated as an original power by any third party dealing with my attorney in fact. 16. DISABILITY OR INCOMPETENCE. This Power of Attorney in the said WILBUR A. HYATT shall not be affected by any -subsequent disability or incapacity. 17. RATIFICATION OF ATTORNEYS ACT. I hereby ratify and confirm whatever my said attorney shall lawfully do under these presents, notwithstanding the legal Possibility for co -exclusively of the powers herein granted. 18. That this AGREEMENT be construed under Massachusetts Law, and my be co -exclusive with identical grant(s) of such powers to other individuals. 19. This Power of Attorney revokes any Powers of Attorney that I may have previously granted. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 3 oth day of October, 2006. JOSEPH J. AVERKA ESSEX, SS. COMMONWEALTH OF MASSACHUSETTS October 30, 2006 Lawrence, MA I HEREBY CERTIFY that on this 3 oth day of October, 2006,personally appeared the said JOSEPH J. AVERKA and acknowledged the foregoing instrument to be his free act and deed, before me, NOTARY PUBLIC Co I ION EXP: 0 N @,C0MM01,WE EM COMMIS IOU 2,2012 SPECIMEN SIGNATURE OF ATTORNEY IN FACT: S�-' (' '�J' 12Z / Town of North Andover Health Department Vs. 06 -CV -00140 Joseph Averka In order that the premises at 260 Marbleridge Rd., North Andover, Massachusetts be able to be decontaminated as of 11/27/06 the Town of North Andover Health Department is requesting that this Honorable Court issue the following Order: 1.) That all cats be removed from the premises at 260 Marbleridge Rd., North Andover, MA by no later than 11 /24/06. 2.) That Joseph Averka be ordered not to reside at said premise, until such time as the prem- ises comply with the standards of the State Sanitary Code, effective as of 11/27/06. 3.) While work is being performed that Joseph Averka is not -lo -enter upon the premises -unless he is accompanied by the general contractor Cashin & Associates at a prearranged time. Town of North Andover Health Department /S _� 'rector us! -n Sawyef,;Dire�c;tor�� 1041, 11/17/2006 12:09 7819444082 CASHINS & ASSOCIATES PAGE 05 11/17/2006 12; 02 15086343611 PAGE 03/03 NOW~ 58 Mellen St. Hopedale, Ma 01747 MOM (508) 63"600 Fax (509) 614-3611 This Proposal is band on the inforynation obtained during the walk-thru at 260 Marble Ridge Rd. in North Andover. The work will entail the following and will be done during normal working Wurs. * initial site setup — hunallation of negalive air machines exhauging to the outside - StOrage Pod and dumpster placement - wipe down station _ wash_up area for worken. 0 Furnfture and article removal: Remove salvageable furni" and personal articles from the house. Wipe dovm items and locate into storage Pod. s Material mmoval: Remove smd dispose of carpets,, un,4dvageable Upholstered furniture, cO.Utamh%a*d insWation, trash and some contaminated dzywaU. a Cleaning: Remove Smss filtb (cat faces) from all flow areas. Wipe down areas of wall. Clean 811 floor Wam and wipe down all exterior surfaces of Millwork. All surfaces will be c ectan 'o leaned with a sanitizer/disinf t clftner. A f Uow�,�p wipe down with an odor neutralim vVill be jone to all cleaned surf am. a EncaPmlla* Areas Of exPOW sub -floor due to empet removal win have an encal?sulmt aPPlied to the suf&cc. In additiM any visible areas of coritamizated wood in the crawl space located upstairs VAII 2,19 0 DocUMentation: , 0 be addmssed. PhotogWbs of the work will be taken before od aft-cr the ProJ=t is complete, Fuimituire and personal items removed fmm the house for elmning and Storage will also be documented. * Duct"Ork: Cleaning of the ductwork system, L=P sm PmPosal for the above listed item,.q: S M0*0 AdditJonal charges will be incurred due to anY delaYs and/or work stoppaga caused by the homeowner or representadw, Delayof work wjU also apply should them be animals On the site at anytime during this project In addition this Proposal does not include tbe cost Of supplying any utiatics to the site (je, clectdc� hot Water or beat). An additional Charge for' work delays and equipment may be ineunvd if any utilities need to be supplied to the site. Charges will include but won't be limited to the workm 11 Y of y d the cost of rented equiPmftt and Supplied materials for the site. fu da pa an Note: It is advisable that the heatng system not be started until it has been Properly assessed 1br Possible contamination. N . W 1011 not necessaffly be needed on the site unless temperatures begin to impede theprogrm of work due to freezing temperatures. In this OvOnt a portable heating *V= would be advised. ,Note: F'�'_'ntline cannot guarantee thc t0tal removal of the odor due to the length of time hat the urine and feces have been in contact with surf aces, In addition the contamirl4on to tbo floor 'Teas may have imMetEd the sub -floor below, if the con ination ; reached the tam ha. su",00649, MiVaftS Odom from these. Wvas may Still be possible. Note: Stain removal and Sanding to the Wood floor W=s %I= not included in th.is PrOPOW. TWs should bi: done by a profesq0tW wood floor-refinisbing contractor. COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT mo e��a 4r-- Plaintiff No. Oi�- Defendant AGREE 4ENT TO CONTINUE W' T'he undersigned parties hereby agree to continue the above case to A141ew 200_(t. at —7:1�O o'c[oclL U Signe tdated Defendant ,,,/Sjj;e—d-'Rnd dated by Plabdiff Py ef ts tomey It ' Plaintifrs Attorney IDefend a's tomey 0-6 Housing Specialist=& —691171z— Date Martha A. BucIdey .1 Copies (��(mailed) to parties on . 111a �A 4, Mailing date: December 07, 2006 Susan Sawyer Town of North Andover Health Department 1600 Osgood Street, Bldg. 20 North Andover, MA 01845 Pi 10 RECEIVED COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT DEC 14 2006 TOWN OF NORTH ANDOVER - V. - JOSEPH AVERKA Plaintif f Defendant -TOVVN OF NORTH ANDOVER HEALTI�_DEPPART�IIMIEENNTI � No. 06 -CV -00140 NOTICE OF REVIEW DATE The above case will b called for review at Housing Specialist - 'D . Office of the Northeast, /Husing Court, at 2 Appleton Street, 9. Lawrence, MA 01840 at 0 .00 o'clock, Monday, December 18, 2006. 0 -0 Susan M. Trippi Clerk Magistrate Date: December 06, 2006 ECMS: SCH-REVIEW COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT laintiff V.- No. Defendant STIPULATION The undersigned parties -hereby --stir PIT ( 4"n j P A rg ) -ONCE APPROVED BY THE JUDGE, THTS 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...j HAVE THE RIGHT TO A HEARING -ON MY CASE BEFORE A JUDGE, BUT INSTEAD I CHOOSE TO SIGIf THIS AGREEAENT -N to f S1 ned d dat by Pla� �tign( dated by Defendant Pl-aAaVlj�f i Defendant's Attorney 4401 W7 W./ 11/17/2006 12:09 7819444082 CASHINS & ASSOCIATES PAGE 02 CM H I N S & Associates, Inc. IA&#sK71 Hygiene & Environmental realng November 16,2006 Attorney Annand Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 01840 Subject: Averka Residence Decontamination Dear Attorney Hyatt: This letter is to provide you with an update relative to the progress made in the Averka house decontamination project, I revisited the house on Tuesday, November 14, 2006 with a representative of Front Line, Inc., who is providing a cost estimate for the decontamination. We expect to have a cost estimate for the work by the end of the week (I 1/] 7/06). Front Line will not be able to start any work on the project until November 27, 2006 due to scheduling problems. The scope of work is to clean -up the existing contarnin ,. ation associated with cat urine and fecal matter. The house will be acceptable for occupancy after the work is completed. However, Front Line will not be responsible for replacing rugs orrepainn �. g stained or darnaged flooring. Some odor,,; may still exist due to urine penetration into the floor and/or leakage to the sub floor, The odorous surfaces will be treated with a disinfectant and odor elimination compounds. I will forward You the cost estimate as soon as I receive i.t- Sincerely, Cashi & ssoc' t Inc. R' bert �as�Zs, �CIH Vice President oil ax: 781-944-4082 80 Malti Streei MA 0 1867 Phone F, 11/17/2006 12:09 7819444082 11/17/2006 12:02 15086343611 ATTENTION: Bob Cashins CASHINS & ASSOCIATES - - ve� � �44 01 rov, �r 58 Negen Street, Htipedo1g, MA 01747 VOice 1-5""609 - fral 1-50M344611 REFERENCE: 260 Muble Ridge, N. Andovar Dear Bob, Front Line Inc. is pleased to pivsent the attaChed PrMOSW. fQT qe.M*CeS at We do hope that this proposW meets vAth Your Satisfaction as we at Front Line Inc, look forward to doing business with you and your company. If you have am questions, in thiS regard. plase do riot hesitate to contact our of . , pce. Sincerely, Teff Allen CERTIMD AS A WOMAN OWNED BUSINESS ENTERppWE (WBE) BY THE MASSACHUSETTS OMCE OF MINORITY BUSINESSASSISTANCE PAGE 04 PAGE 02/03 Mailing date: October 30, 2006 RECEIVED NOV 0 12006 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Susan Sawyer -Town of North Andover Health Department 1600 Osgood Street, Bldg. 20 North Andover, MA 01845 Pi 5-5 a-> LQ /If 5-5 a-> 0 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT TOWN OF NORTH ANDOVER - V. - JOSEPH AVERKA Plaintif f Defendant RECEIVED NOV 0 12006 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT No. 06 -CV -00140 NOTICE OF MEDIATION DATE The above case will be called for mediation at the Housing Specialist Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 02:00 o'clock, Monday, November 06, 2006. Susan M. Trippi Clerk Magistrate Date: October 30, 2006 ECMS: SCH-MEDIAT FROM (MON) OCT 23 2006 11 : 59/ST. 11 : 58/No, 680 12 25004 P 2 EXECUTIVE OFFICE OF ELDER AFFAIRS COMMONWEALTH OF MASSACHUSETTS ELDER _NDATEI—) REPORTER FORM -613 3E MA This form should be returned within 48 hours of the oral report, to the following Designated Protective Service Agency: Elder Services Merrimack Valley, Inc., 360 Merrimack St., Bldg. #6, Lawrence, MA 01843 Attention: Crisis Intervention Unit Fax #: 978-687-1067 Rep-orter.Info-amAtiQn: MCI Salk III Infogmation a� -Allegedly Abuseo/Neglected: ....gut alder Being Name; Address: Permanent: Temporary! Telephone #: Approximate Age: Sex: Preferred. Language: Is elder aware.report is being made: Is English spoken, Description of alleged abuse incidents and/or condition of neglect: (Includ.e name, dates,. times, and ap . 8�1'fic facts and any information regarding prior incidents of abuse/neglect.) k�' vrc N I Of 111111v R ISE mrallr-&�Wlv E Iffiffil Me MINIVNI I M&MVIS MORM, W, " MR 9 FROM I Name (MON)OCT 23 2006 11:59/ST,11:58/No,6801225004 P 3 U bo-ut-Eldw. ge -7- Relationship Phone 0 Age RelationshipM CM I -Te f, Phone Age kelationship OM7 "s POT giWi Phone r) Relationship Phone #9PIE rFz Age Relationship �,ddrfts. Phone'* Is medical'tresitmont required immediately? y6s� No Possibly Describe treatment need'ed or. Wready reoeived: Qf ALA Doe�s reporter believe' the situation Wnstitwtes� an'emergency: Yis No P."ossibl'y. Describe thO risk of death or immediate serious* harm, Additio.nal information or comments: Sign tu r Date J:�CIUWORMSTMEA Mandated Form.do� FROM a (MON)OCT 23 2006 11:59/ST,11:58/No,6801225004 P I 3so Merrimack Stmat, Building$, LawronceMA01843 phone, 800.892.0690, 9TO.683.7747 Fax -978.687.1067 TTY: E100.924.4222 r,oreening rriat�1`1218 fax: 978.686,SS20 D&V91opment, Title III fax: 978.794-7546 To. Fa)r 0 yt I f—AA —( ) T-10 Firam: Pages, OricludIng cmr Phonw. Date; Re, CC. 0 Urgent M For Review M Please comment 13 PIDWS0 RSPIY D Please Recycle YN-\ay- . \aCAe_d -�-O-cry'\ statement of ConfidendalitY The information contained in this message is intended forthe exclusive use of the addres6ee(s) and May contain confidential or privileged information. If you ar@ not the Intended recipient, be avvere that any disclosure, copying, distfibution or use of the information is prohibited. if you have received this message in error, please notify Elder Servicet of the Merrimack Valley, Inc, immediately and destroy the Ma$s2ge- Thank You. Seffices of the Elder meffimack, Valley� Ine. Firam: Pages, OricludIng cmr Phonw. Date; Re, CC. 0 Urgent M For Review M Please comment 13 PIDWS0 RSPIY D Please Recycle YN-\ay- . \aCAe_d -�-O-cry'\ statement of ConfidendalitY The information contained in this message is intended forthe exclusive use of the addres6ee(s) and May contain confidential or privileged information. If you ar@ not the Intended recipient, be avvere that any disclosure, copying, distfibution or use of the information is prohibited. if you have received this message in error, please notify Elder Servicet of the Merrimack Valley, Inc, immediately and destroy the Ma$s2ge- Thank You. COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT C)LL) A dt +Ado I aintif f - V. Defendant ULP-f 0 6 Or, T 2 4 P M 2: No. ez MOTION WITH HEARING AT LAWRENCE SESSION The undersigned he reby moves this Court to continue this case until to amend to dismiss this case judgment to remove default or dismissal and for relief from and set the case for trial on to stay execution until to issue -execution other (a[,L!A—�aws for the following reasons: This motion will be heard by the Northeast Housing Court at Courtroom 3, Northeast Housing Court, 2 Appleton Street, Lawrence$ at 9: 0 0 o I clock a. m. Thursday, n ln)ae- r- cU - , 200L - I (gave) (mailed) a copy of this motion on to .. . , 1,40 NORTHEAST HOUSING COURT 2 Appleton Street Lawrence, Massachusetts 01840 HOUSINK7 (978) 689-7833 VERIFIED COMPLAINT AM AFFIDAVIT 006 C; 1�, T 2 4 P iM 2: 3 0 4&% Jc� ixr-r-; I �L-� zqxjr--r- Plaintiff's Name Defendaht's Name 0�a4v` j Address J U .40 dr -1 IS Ll 1� City Zip Code Telephone I state under the pains ... ) tv Address A.). D I Y`1,S- City zip code tiV, - 'r Telephone penalties of perjury as follows: -r -W40� LeV52 WAWWANFAIMEW7 L.> 0- 44,p Z�-5 t,+ --P 4ti-v, P---&Pr-� Therefore, I am asking the Court to: =:S-5Qe� qVI 0,(J9, - U -�v 0- O -AA 1,0 4- OL r-\. I /N `� f Le Crh r,)Y Ov'-P-m f W Date perj ury r- Mailing date: November 22, 2006 Pi No V C ,, V � 2 6 EAL Susan Sawyer Town of North Andover Health Department 1600 Osgood Street, Bldg. 20 North Andover, MA 01845 4 �4 3tz— Town of North Andover Health Department Vs. 06 -CV -00 140 Joseph Averka t RE D 7 'EC 9 .,I I IF T v NOV 2 7 2006R, Hi. TOWN6 �F NORTH AND .H TMNEOVE tqT R HEALTH DEPAR7 Etq. T In order that the premises at 260 Marbleridge Rd., North Andover, Massachusetts be able to be decontaminated as of 11/27/06 the Town of North Andover Health Department is requesting that this Honorable Court issue the following Order: 1.) That all cats be removed from the premises at 260 Marbleridge Rd., North Andover, MA by no later than 11/24/06. 2.) That Joseph Averka be ordered not to reside at said premise, until such time as the prem- ises comply with the standards of the State Sanitary Code, effective as of 11/27/06. 3.) While work is being performed that Joseph Averka is not to enter upon the premises unless he is accompanied by the general contractor Cashin & Associates at a prearranged time. Town of North Andover Health Department Susan Sawye�,Dfr'ec�tor