SALEM HEIGHTS - HOUSING COURT DOCUMENTS 2024 RECEIVED
SEP 17 2024
CITY OF SALEM
BOARD OF HEALTH
COMMONWEALTH OF MASSA v'HUSETTS
THE TRIAL COURT
HOUSING COURT DEPARTMENT
ESSEX, ss NORTHEAST DIVISION
SALEM SESSION
DOCKET NO. 23H77CV000283
LAURIN SUFFERN, for herself and all others similarly situated, )
Plaintiff, )
V. )
SALEM HEIGHTS PRESERVATION ASSOCIATES,LP, )
and )
POAH SALEM HEIGHTS,LLC, )
and )
POAH LANDOWNER, LLC, )
and )
PRESERVATION OF AFFORDABLE HOUSING,INC., )
and )
SALEM HEIGHTS II PRESERVATION ASSOCIATES,LP, )
and }
POAH SALEM HEIGHTS II,LLC, )
and )
POAH COMMUNITIES, LLC, )
and )
DELPHI CONSTRUCTION, INC., )
and )
TIERNEY DEVELOPMENT SERVICES,LLC, )
and )
HOUSINGTOHOME,LLC, )
Defendants. )
1
SUBPOENA DUCES TECUM
TO:, KEEPER OF RECORDS
Salem Board of Health
98 Washington Street
Salem,MA 01970
GREETINGS:
YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts
in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to
appear and testify on behalf of the Plaintiff, Laurin Suffern, before a Notary Public of the
Commonwealth,at the office of Attorney Walter H.Jacobs,W.Jacobs&Associates at Law,LLC,
795 Turnpike Street,North Andover,Massachusetts 01845 on Friday,September 20,2024 at 10:00
a.m., and to testify as to your knowledge, at the taking of the deposition in the above-entitled
action.*And you are further required to bring with you the following:Please see attached Schedule
«A
*You may comply with this subpoena by mailing CERTIFIED COPIES of the documents
requested in Schedule "A" attached hereto to the above address on or before Friday,
September 20, 2024 and by completing and signing the enclosed Certification Form along
with the requested documents.
Hereof fail not as you will answer your default under the pains and penalties in the law in
that behalf made andcribed and sworn to before
Is/Alexandria A. Jaco /
Alexandria A. Jacobs,Abs `
BBO#682114
W. Jacobs &Associates at Law, LLC Notary Public:
795 Turnpike Street My commission ex ices.
North Andover,MA 01845
P: 978.688.0900 ixRESHN HAULAJ
acobslaw mail.com Notary Public,Commonweaith of Massachusetts
aJ @g i
My Commission Expires August 09,2030
Dated: August 21,2024
►i.I
- - - �- - -��+ _� J
SCHEDULE "A"
The deponent is required to produce copies of the following materials at its deposition:
Please provide a complete copy of the following data, documentation and/or information
pertaining to the following individual(s),entity(ies) and/or address(es):
(1) Copies of all reports, investigations for POAH Salem Heights, Salem,MA.
(2) Copies of all reports, investigations for 12 Pope Street, Salem,MA.
You are permitted to provide documents in lieu of appearance. If any request listed herein
calls for information or the production of a document which you, or any third party, claims to be
protected by any privilege or limitation on disclosure, you should provide a written statement as
to the existence of the information or document with a summary of all facts and circumstances
upon which each such claim is based.
IT IS IMPERATIVE THAT ANY DOCUMENT NOT PROVIDED BE LISTED ON A
PRIVILEGE LOG. IF A PRIVILEGE LOG IS NOT PROVIDED, AN APPEARANCE
WILL BE NECESSARY.
NOTE—IN LIEU OF APPEARANCE, CERTIFIED AND COMPLETE RECORDS WILL
BE ACCEPTED PRIOR TO THE SCHEDULED DEPOSITION ON SEPTEMBER 20,
2024 AT 10:00 A.M. PLEASE CONTACT ATTORNEY WALTER H. JACOBS AT (978)
688-0900 OR 978-852-3033 OR BY E-MAIL AT wj acobslaw@gmail.com PRIOR TO THE
DATE ON WHICH YOU ARE TO APPEAR WITH ANY QUESTIONS AS TO WHAT
NEEDS TO BE PRODUCED RESPONSIVE TO THIS SUBPOENA. IF YOU INTEND TO
APPEAR RATHER THAN SUPPLY THE RECORDS, YOU MUST CALL AT LEAST
ONE WEEK IN ADVANCE TO NOTIFY ATTORNEY JACOBS.
KEEPER OF THE RECORDS CERTIFICATE
I, do hereby depose and state, under
the pains and penalties of perjury, that I am an authorized custodian of records for the Salem
Board of Health and that, to the best of my knowledge and belief, the enclosed documents
represent all documents called for and requested in Schedule A of the attached subpoena, no
records having been withheld. All such records were and have been kept in the regular course of
business, and are true and accurate copies of the records requested in Schedule A concerning the
following data, documentation and/or information pertaining to the following:
(1) Copies of all reports, investigations for POAH Salem Heights, Salem,MA.
(2) Copies of all reports, investigations for 12 Pope Street, Salem, MA.
Signed under pains and penalties of perjury
Signed: Date:
Keeper of the Records
Printed Date:
Keeper of the Records
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
HOUSING COURT DEPARTMENT
ESSEX, ss NORTHEAST DIVISION
SALEM SESSION
DOCKET NO.23H77CV000283
LAURIN SUFFERN, for herself and all others similarly situated, )
Plaintiff, )
V. )
SALEM HEIGHTS PRESERVATION ASSOCIATES,LP, )
and )
POAH SALEM HEIGHTS,LLC, )
and )
POAH LANDOWNER,LLC, }
and )
PRESERVATION OF AFFORDABLE HOUSING,INC., )
and )
SALEM HEIGHTS II PRESERVATION ASSOCIATES,LP, )
and )
POAH SALEM HEIGHTS II,LLC, )
and )
POAH COMMUNITIES,LLC, )
and )
DELPHI CONSTRUCTION, INC., )
and )
TIERNEY DEVELOPMENT SERVICES,LLC, )
and )
HOUSINGTOHOME,LLC, )
Defendants. )
TO: Michael P. Sams,Esquire
KENNEY & SAMS,P.C.,
Reservoir Nine, 144 Turnpike Road, Suite 350
Southborough,MA O 1772,
mpsams@KSlegal.com
and
Barry Rothschild,Esquire,
Lewis Brisbois
One International Place, Suite 350
Boston,MA 02110
Barry.Rothschild@lewisbrisbois.com,
and
Paul R. Kennedy, Esquire
Wood Smith Henning&Bierman LLP
One Marine Park Drive, Suite 1410
Boston,Ma 02210
pkennedy@wshblaw.com
and
Warren D. Hutchison,Esquire
Freeman Mathis & Gary, LLP
60 State Street, Suite 600
Boston,MA 02109-1800
warren.hutchison@fmglaw.com
NOTICE OF TAKING DEPOSITION
Please take notice that on Friday, September 20, 2024 at 10:00 a.m. at the offices of Attorney
Walter H. Jacobs, W. Jacobs & Associates at Law, LLC, 795 Turnpike Street, North Andover,
Massachusetts 01845,the Plaintiff,Laurin Suffern,through her attorneys,will take the deposition
upon oral examination of the Keeper of the Records of the Salem Board of Health pursuant to
the applicable provisions of the Massachusetts Rules of Civil Procedure,before a Notary Public in
and for the Commonwealth of Massachusetts, or before some other officer authorized by law to
administer oaths. The oral examination will continue from day to day until completed.
Please note that the Keeper of the Records can comply with this Notice of Deposition by
mailing on or before September 20, 2024 CERTIFIED copies of all requested documents listed
and/or described in Schedule A attached hereto to Attorney Walter H. Jacobs, W. Jacobs &
Associates at Law, LLC, 795 Turnpike Street,North Andover, Massachusetts 01845.
You are invited to attend and cross-examine.
Respectfully submitted,
The Plaintiff,
LAURIN SUFFERN, for herself and all others
similarly situated,
By her attorneys
Is/Walter H. Jacobs
WALTER H. JACOBS
BBO#672106
wjacobslaw@gmail.com
Is/Alexandria A. Jacobs
ALEXANDRIA A. JACOBS
BBO#682114
ajacobslaw@gmail.com
W. Jacobs and Associates at Law,L.L.C.
795 Turnpike Road
North Andover, Massachusetts 01845
Dated: August 21,2024 978-688-0900
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the above document was served upon Defendant Delphi
Construction,Inc. to Michael P. Sams,Esquire,mpsams@KSlegal.com and M. Matthew Madden,
Jr., Esquire, m mmaden@KSlegal.com, KENNEY & SAMS, P.C., Reservoir Nine, 144 Turnpike
Road, Suite 350,Southborough,MA O 1772,(508)490-8500,(D(508)490-8501;upon the POAH
Defendants to Barry Rothschild, Esquire, Barry.Rothschild@lewisbrisbois.com, Lewis Brisbois,
One International Place, Suite 350 Boston, MA 02110; upon Defendant HOUSINGTOHOME to
Paul R. Kennedy, Esquire, Wood Smith Henning&Bierman LLP, One Marine Park Drive,,Suite
1410, Boston, Ma 02210, 617-675-0468. 617-655-2195,pkennedy@wshblaw.com, upon Tierney
Development Services, LLC to Warren D. Hutchison, Esquire, Freeman Mathis & Gary, LLP, 60
State Street, Suite 600, Boston, MA 02109-1800, 617-963-5967, C: 857-366-1188
warren.hutchison@fmglaw.com by E-mail this date.
ga 6
Dated: 1, 2024 /s/Walter H.Jacobs
WALTER H. JACOBS