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Home My WebLink AboutMiscellaneous - Exception (144)i 4 12/19/02 17:22 FAX 7315431529 MEEB MARCUS, ERRICO, EMMER & BROOKS, P.C. Attorneys At Law FACSIMILE TRANSMITTAL SHEET TO PROM: Board of Hcald-> Stephen M. Marcus/Carol Yang COMPANY DATr: 12/19/02 FAX NumBLit: TOTAL NO, Or• VAc.T.$ TNCL.JDING COVER: 978-688-9556 PHONh ^UM3rR: R& Doris DiOrio Heritage Green Condominium SENllL•R',C REFERENCE NUAM1311M YOUR lU-!lZRRNCF, NUMBEK ❑ URGENT ❑ I,UR REVTFW ❑ PLEA -SE c.oMMFNT ❑ PLEASE. REPLY ❑PLEASE RI CYCLt✓ NOTTES/COMMgNTS: BOARD OF: «AJ,i CEC a ® 20 *** NOTICE OF CONFIDENTIALITY 'k** THIS TRANSIVITTTAL IS INTENDED FOR THE AL-DRESSEE(S) LISTED ABOVE AND MAY CONTAIN INFOIRMAT:'ON THAT IS CONFIDENTIAL AND PRIVILEGED. IF YOU ARE NOT THE ADDRESSEE(S), ANY USE, DISCLOSURE, COPYING OR COMMUNICATION OF THE CONTENTS Oil' THIS TRANSMISSION IS PROHIBITED. IF THIS MESSAGE IS RECEIVED IN ERROR, PLEASE TELEPHONE US IMMEDIATELY (COLLECT IF NECESSARY). IF YOU HAVE ANY QUESTIONS 03, PROBLE--MS, PLEASE CALL (781) 443-5000. 45 BRAINTREE HILL OPI,](;r_ PARK, SUITE 707 BRAINTREE, MA 02.184 (751) 643.5000 (7R1) 443-'1529 FAX Z001/004 12/19/02 17:22 FAX 7318431529 It1EEB 'MARCUS, ERRICO, EMMER & BROOKS, P.C. Attorneys At Law Suite 107 45 Braintree Hill Utf ee Park Braintree, Massachusetts 02184 Telephone (731) 843-5000 Facsimile (781) 843-1529 e-mail smarcu5 a mccb_com websitc www.meeb.com JAnct Aronson 110 Richard E. Brooks William DeBear Seth Emmer * V, Douglass rrrico Stephen M..Marcus Thomas O. Moriarty *1 Jeffrey C. Tluk Edmund A. Allcock Patrick J. Brady Laura Whitc Brandow Alison L. Forbes John D. Kalish t Judith A. Kennedy Ilene M. McBride t MaryLou Muirhead Thcresc Quijarto Joscph D_ Saurino John E. Shatfcro Douglaa Troyer Also admitted in CT fi Also admitted in NY Also admiLted in NH f Also admitted in rL 0 Also admitted in R1 Boston— (617) 367.0006 Springfield — (413) 736-7500 Worccster - (505) 791.2120 New Hampshire - (603) 591-2006 Rhode Wand — (401) 351-2221 December 19, 2002 VIA FACSIMILE TRANSMISSION 978-686-6960 AND FIRST CLASS MAIL Robert Autieli, Esquire 811 Turnpike Street North Andover, MA 01845 RE: DiOrio, 68 Fernview Avenue, #2, No. Andover, Massachusetts Dear Mr. Autieri: Thank you for your letter dated December 19, 2002, C 002/004 If the Board of Health requires the spraying, then your clients would need to seek a Court Order restraining the Trustees from following those orders. If your clients fail or refuse to allow spraying, they do so at their own risk. Based on an initial assessment of the issue, there appears to be no evidence of negligence in whiel, case your client is responsible for repair and maintenance of the twit. Notwithstanding the foregoing, the Tn>stees will notify their insurance carrier. All correspondence and communications Must be to this office and not to our clients. Very trLdy yolar$, MARCYJ , EIUUCO, ENSIE < & BRO S, Stephen M. M arcus SMM/cal cc: North Andover Board of Health Trustees of the Heritage Green Condonliliium Trust e 12/19/02 17:22 FAX 7818431529 12/19/2002 16:33 9785955960 MEEB _ LAW OFFICES OF ROBERT C. AUTIERI, Ems_ WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANppVER, MA 01845 THLEPHC)?QE; (978) 801-0737 FAX: (978) 888-89813 EMNII_ rcalawl ®aol.com December 19, 2002 Seat Via Facsim,ite (978) 685-0521 Karen Sorkin Diversified Funding 39 Farrtivood ,Avenue, Unit 91 Haverhill, NIA 01830 Re: Thomas and Doris DiOrio, 68 Fernyiew Ave,, 92, No. Andover, MA 01345 Dear Ms. Sorkin: 16003/004 PAGE 02/a3 Please be advised that this office represents the above-named Thomas and Doris DiOrio in all matters related to damages they have incurred to their condominium unit as a result of water seepage and other matters yet to be determined_ Pursuant to our discussion today you are arranging to have your contractor inspect the preu ises tomorrow at 10:00 a.m., December 20, 2002 for evaluation, and irnmediate repair. As discussed, your contractor will be allowed full access to evaluate all such damage_ However, please be advised and on notice that you shall not be allowed to spray any substances or disturb azty of the areas damaged by mold until a consultant tests, and evaluates the molds Siad species of same that are present. Further as discussed I would ask that yourself or your attorney direct all further calls and eommw-iications concerning this matter to my attention azad not to my cljt:nts'. As you are aware, my clients have three young children and there is significant concent as to their well being as a result of exposure to These water damaged areas including the growth of any potential dangerous mold species_ Finally, I assurn,e that you have appropriately contacted the insurance company to put them on notice of this claim by my clients. I would ask that you provide to me in writing the specific information concerning who carries the relevant insurance in this matter iaicludi,n.g relevant .names and addresses of any agents. 12/19/02 17:22 FAX 7818431529 MEEB 004/004 ' 12/19/2002 16:33 9796866966 PAGE 03/03 1. As I am sure you can appreciate this is a serious mzLtter and I would ask that the Condonlinitim Association take all reasonable, prompt aitd .needed act' On to remediate this inatteT and protect my clients' health and well beizlg. Very CES OF Rbl.�T C. A.UTIF-RI Ko C, .Ai4tieri Enclosure(s) c_� Wap wrivsolwpDOC�\DxoRIa �soFl�i,L'iIt cc; Stephen M_ Marcus, Esquire ( acsimile 781-949-9799) Thomas and Dorris DiOrio