10 HATHORNE STREET CONDEMNATION ORDER CITY OF SALEM, MASSACHUSETTS 10
f BOARD OF HEALTH
98 WASHINGTON STREET,3'D FLOOR PublicHealth
SALEM,1VlA 01970 Prevent.Promote.Protect.
TEL. (978) 741-1800
KIMBERLEY DRISCOLL Health e,salemxom DAVID GREENBAum,RS
MAYOR HEALTH AGENT
November 22, 2019
Linda Locke
1 Pickering Street
Salem, MA 01970
Re: 10 Hathorne Street
Salem, MA 01970
Dear Sir or Madam:
Based upon a complaint of no heat the Salem Board of Health visited your property
located at 10 Hathorne Street, Salem, MA on Thursday, November 21, 2019. At that
time, I observed several conditions that would be deemed to materially impair health and
safety of the occupants.
These include:
• There are no working smoke detectors or carbon monoxide detectors in the
building.
• The house is cluttered with a large quantity of combustible items.
• Several egresses are blocked or sealed to prevent exit in the case of emergency
• There is trash and debris littering the house as well as the entire property
• There are loose unsecure electric wires hanging throughout the dwelling.
• There is a leak in the kitchen ceiling causing it to collapse.
• There is currently no heat and it appears the furnace cannot be repaired.
Additionally, the building inspector has revoked the occupancy as an unsafe structuture.
Based upon these observations and in accordance with Massachusetts General
Law, Chapter 111, Sections 127A and 127 B and 105 CMR: 410.000: Chapter 11,
State Sanitary Code, Minimum Standards of Fitness for Human Habitation 105
CMR 410.831, the Board of Health determines that the danger to the life or health
of occupants is so immediate, condemnation is ordered immediately to the entire
dwelling and the hearing requirements of 105 CMR 410.831 B and C are waived. All
occupants of the dwelling are ordered to vacate the dwelling immediately. If any
person refuses to leave the dwelling they may be forcibly removed by the Board of
Health or by local police authorities on the request of the Board of Health.
No dwelling or portion thereof, which has been condemned and placarded as unfit for
human habitation, shall again be used for human habitation until written approval is
secured from, and the Board of Health removes such placard. No person shall deface or
remove the placard, except the Board of Health shall remove it whenever the defect or
defects upon which the condemnation and placard action was based have been
eliminated.
Should you be aggrieved by this Order, you have the right to request a hearing before
the Board of Health. A request for such a hearing must be received in writing in this
office of the Board of Health within seven (7) days of receipt of this Order. At said
hearing, you will be given the opportunity to be heard and to present witness and
documentary evidence as to why this Order should be modified or withdrawn. You may
be represented by an attorney. Please also be informed that you have the right to
inspect and obtain copies of all relevant inspection or investigation reports, orders,.and
other documentary information in the possession of this Board, and that any adverse
party has the right to be present at the hearing.
Siii
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Health Agent
Cc: Salem Police Department
Salem Fire Department
Building Commissioner
Victoria Caldwell,Assistant City Solicitor
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For Michael and Evelyne Freedberg a. -Trevis Jones;
We acknotledge that we have moved to 49 Essex St. ,
Apt. , 2R, Salem, MA and will have out mail sent to
the mai&box at that address.
For Arthur Jones:
I acknowledge that I have moved to 41$ Endicott St. ,
Apt. 2L, Salem, MA and will have my mail sent to
the -mailbox at that address.
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EXECUTION FOR POSSESSION 'DOCKET NUMBER Trial Court of Massachusetts
AND MONEY JUDGMENT 19H77SP003897 Housing Court Department
CASE NAME Linda Locke vs. Michael Freedberg et al
JUDGMENT-DEBTOR(S)AGAINST WHOM EXECUTION IS ISSUED COURT NAME&ADDRESS
Michael Freedberg Northeast Housing Court
Evelyne Jones Freedberg
Trevis Jones Fenton Judicial Center
Arthur Jones 2 Appleton Street
Lawrence, MA 01840
JUDGMENT-CREDITOR(S)(OR CREDITOR'S ATTORNEY)WHO MUST ARRANGE SERVICE OF EXECUTION JUDGMENT-CREDITOR(S)IN WHOSE FAVOR EXECUTION IS ISSUED
Michael M McArdle, Esq. Linda Locke
McArdle Law&Associates, PLLC
280 Merrimack St
Suite 321
Lawrence, MA 01843
PREMISES ADDRESS: FURTHER ORDERS OF THE COURT:
10 Hathome Street Salem MA 01970
TO THE SHERIFFS OF THE SEVERAL COUNTIES OR THEIR DEPUTIES,OR ANY CONSTABLE OF ANY CITY OR TOWN WITHIN
THE COMMONWEALTH:
The Judgment-Creditor(s)named above has/have recovered Judgment and Possession of the subject premises shown above,which were
leased or rented for dwelling purposes against the Judgment-Debtor(s)named above on
MONEY JUDGMENT:WE COMMAND YOU, therefore, to collect the below sum,with your fees, of the money of said Judgment Debtor(s),
his or her goods,chattels, lands or tenements,in any manner permitted by law, and to return this writ satisfied or unsatisfied,to the clerk of
this Court,all within twenty years from the"Date Judgment Entered",or within ten days after this writ has been satisfied or discharged.
POSSESSION JUDGMENT:WE COMMAND YOU,therefore, to deliver said premises to the Judgment-Creditors) in accordance
with the requirements of G.L. c.235, §23 and G.L. c. 239,§3, to cause the Judgment-Creditors)to have possession of the
premises shown above without delay.
This Writ of Execution is valid until 02/03/2020 for possession only.This form must be returned to the Clerk-Magistrate's office
of this court, along with your return of service,within ten days after this judgment for possession has been satisfied or
discharged, or after 02/03/2020 if this judgment remains unsatisfied or undischarged.
NOTICE TO OFFICER:This Writ of Execution for possession is valid until 02/03/2020.
1. Date Judgment Entered 10/24/2019
2. Compensatory Damages $251,400.00
3. Punitive Damages $
4.Attorney Fees(if any) $
5. Prejudgment Interest 6,037.87
6. Court Costs $215.00
7. Judgment Total $257,652.87
8. Posijudgment Interest $1,017.21
9. EXECUTION TOTAL(Lines 2+5+6+8,plus Line 3&line 4, if any) $258,670.08
RETURN OF SERVICE: ❑Satisfied as to BOTH ❑ Satisfied as to Money Judgment ONLY is S to Passe NLY
TESTE OF FIRST JUSTICE DATE EXECUTION ISSUED CLERK-MAGISTRATE AS
M!r
WITNESS: Hon. Fairlie A Dalton 11/05/2019 X
DateTme Printed: 11-06-2019 14:26:32 HCO27:S 2019