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31 SALEM STREET - COPIES - BUILDING INSPECTION
*Eeee/te 74520 40% P4 r 67A - /NS J°rriC77trM m/S$cb 4,00..,fs ,QrLCcm�vnkutp.v-7servS Ya p/AG/S'r,�a� `� Q`/� Fop 07 1,0144� s a) LO- / Vii✓ ®r,/r�JY (i -1't Ago � G 0031 SALEM STREET_ 514-06 GIs#: 19692 _ 1 COMMONWEALTH OF MASSACHUSETTS FMap l Block 34 '-- (•yTZ' OF SALEM Lot-' ��0229 Category: " 1REPAIP/REPLAC—E. dj Peat# . -514 BUILDING PERIVIIT Project# �JS-2006-1025 Est. Cost: i$2,500.00 Fee Charged $35.00 Balance Due: _$.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: ------ Contractor: License: Use Group: E.Z. DISPOSAL. Lot S ze(sq. fr.) 12750 lOcaner Zoning _IR3 --� U_nitaGalned: I - --- Applicant:_L Units Lost: 'Al 0003 C1L.,F. ST ,jjS� �Dig Safe#: ISSUED ON. 12-Dec-2005 AMENDED ON: F-,XPIRES ON. 12-May-2006 TO PERFORM THE FOLLOWING WORK:��v 514-06 DEMO SIDE PORCHES JB � ' POST THIS CARD :SO d'1 FROM THE STREET Electric Gas � `"' � �' ' II 6.arsisi�� e � - Building ' Underground: Underground: "Lnde!ground: Excavation: Service: Meier: (Footings: Rough: Rough: Bough: Foundation: Final: ?.' . .. ,., Final•._ -100?T'i(SOQ Pi [)c'c-7)2 _. �.Y 'tiQ Rough Frame: 23-.,•0.,.. .............�...... Fireplace/Chimney:.. D.P.W. Fire%` ' fl!al,11 1 Insulation: Meter: podi I s Final (louse N ASmoke: :1-7� - Treasury: Water )0arm;�� � Sewer ..- - Spi3old crs: THIS PERMIT MAY BE REVOKED BY THE CITY` N'AI ENJ V.' 'ON VIOLATLIOF ANY O IT RULES AND REGULATIONS. Fee Type: \ ,Receipt No: Dale Paid: Check, Amount: ^ BUILDING S, REC-2006,00.206 t 4f$'Dec-05 4l69z`"" ! '.' �$35-00, ,y {k = fC 1 t GeuTMSO 2005 Des Lauriers Municipal Solutions,Inc �Ca.�4 y{r UZI o WHIVS JO AID OW 3ADVA a^J�b's w�y'"tl 9RY .,. .-_r�t'R:. � - . .. .7t✓i � r .. .. ... .s.0 _ .. THE COMMONWEALTH OF MASSACHUSETTS City of Salem BUILDING INSPECTOR Establishment Name Date w ��Ph !P h 0 /90 Address -1/'e� 7y/ " Q�J Page_of In the space below describe all violations. Time to A(n) inspection of this establishment was conducted in accordance with Complete Massachusetts State Building Code 780 CMR.The following violations were observed: , �+ 1DZ66 /I t, @ ,'/`.' hyo✓ n .'o 64 74 FZf � ti! i, ) 82 or a 7–T, -T, r . Discussion with Management/Owner 1 have read this report,have had the opportunity to ask questions and agree to correct all violations before the next inspection,to observe all conditions as described.I understand that noncompliance may result in daily fines and/or legal action being taken against you in Salem District Court. Sign: Date: • p 921 991�629 • -_ NUMBER ' � 1q r+ L4iROOO "Ity 2�utr rtAfX'ts �l95?urY ra" pLZ W A _ TION t VELOPE. , t FOLD AT PERFORA #10 WWDOW EN �-- INSERT IN STANDARD THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I m ^ UL DATA = C, y 0@- Titg of �tt tm, Mcssttr� . eena� `NpIlUblic propeng Gepp' \�44' 0s eO iiuilDing �r 010 pv��°S �°g`�d 0% \il p � b 00 Leo E. Tremblay Director of Public Property d`� t Q �e��� �'00 Inspector of Building Zoning Enforcement, ��eoe � d •�Pei°° $,,,c P David Shea �• v�` rtiC�t � 5 G City of Salem•°30Pn eVVII g• OO�fp� . Salem, Mass. D - a. RE: 31 - 33 Sale @1� 20 \ // Dear Mr. Shea: A follow up insp ys oatiO \ ��� 1 j i\ mentioned property • on December 7, 1994 and y�aa�O`a e� , t \' # 7 have been addressed. 3$ \ cerely, Leo E. Tremblay Inspector of Buildings LET: scm • United States Postal Service Official Business 4," c N 1 J - /:.gc . PENALTY FOR PRIVATE USE,$300 III 11111111111 III III 11111118111111111111111111111111 INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 SENDER: Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items s,and as a b. following services(for an extra fee): • Print your name and address on the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee Ww provide you the signature of the person delivered to and the Consult data of deliver . postmaster for fee. 3.Article Addressed to, 4a.Article Number P 921 991 629 Yale :3tr€fet Realty dt1.tst P:ttsl 4iOrth/ Lorraine ,;;e Skull`, 1 4b.Service Type 14 Roberts Rd. CERTIFIED Salit3bury, gloss. 01952 7.Date of Delivex 5:S' nature—(Addressee) 8.Addressee's Address (ONLY if requested and fee paid.) A.Signature—(Agent) tIV PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT i I •I ' ARTICLE P 921 991 629 uNei. - NUMBER • Salem Street Realty trust Paul Worth/ Lorraine Semblares 14 Roberts Rd, Salisbury, Mass. 01952 L1Lk. t FOLD AT PERFORATION t TAI r WALZ . INSERT IN STANDARD#10 WINDOW ENVELOPE. E E Ra I F I E D r�'1nIII' r. LJ A ' i `'. M A I L E R w irll NEIGIIBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: Address: Complaint: / Phone #* Complainant: / {'fWe (VZ, DAVID SHEA, CHAIRMAN KEVIN HARVEY BUILDING INSPECTOR ELECTRICAL DEPARTMENT FIRE PREVENTION CITY SOLICITOR s HEALTH DEPARTMENT SALEM HOUSING AUTHORITY LICENSING POLICE DEPARTMENT PL ANNING DEPARTMENT ASSESSOR OW TREASUREIUCOLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: 044MTifg Of ihilem, massac4usetts Public Properig Repuriment $iuilDing Re}tgrtment *CV2A#*4(ane #stem (6reen 508-745-9595 En. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 3, 1994 Salem Street Realty Trust Paul Worth/ Lorraine Semblares 15 Roberts Road Salisbury, Mass. 01952 RE: 31-33 Salem Street Dear Paul & Lorraine: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and the following violations were found: 1. Rail at side porch must be repaired. 2. Rail at rear set of stairs must be repaired. 3. Make up air must be made available to boiler room. 4. Remove lock and hasp from exterior basement door. 5. Remove air conditioner from hallway. 6. Remove broken glass from storm window on first floor. 7. Remove refrigerator and debris from side porch on first floor. Please notify this department upon receipt of this letter as to your course of action to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay / Inspector of Buildings LET: scm cc: Dave Shea Councillor Ahmed, Ward 1 Virginia Moustakas, Health Certified Mail # P 921 991 629 (fitu of �ttlem, fttsSac4usetts �� .�'a Public Propertq 39epartment Guilbing Department COP (Out dslrm (Srren 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 7, 1994 David Shea City of Salem Salem, Mass. 01970 RE: 31 - 33 Salem Street Dear Mr. Shea: A follow up inspection was conducted on the above mentioned property on December 7, 1994 and all violations except for # 7 have been addressed. Sincerely, Q Leo E. Tremblay Inspector of Buildings LET: scm CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: n N Address: Complaint: Phone N: Q 61u epi Complainant: I 21 /�tiL ,, DAVID SHEA. CHAIRMAN KEVIN HARVEY ELECTRICAL DEPARTMENT ?: L E N CITY SOLICITOR r HEALTH DEPARTMENT LICENSING POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSOR TREASURFRICOLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: LC , ((�**mDwF CtL1 Of �ttlem, .�Mssar4usettsPu6lir Vrapertg Depttrtment +Nuilbing Department (One Salem (6reen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building May 30, 1996 Zoning Enforcement Officer 31-33 Salem Street Realty Trust 15 Roberts Road Salisbury, Mass. 01952 RE: 31-33 Salem Street Dear Paul Worth/Lorraine Simblaris: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Graffiti must be removed from facade walls. 2. Rotted wood at porches must be removed and replaced. (porches must be made safe) 3. Clean all debris from yard. 4. Exterior storm windows must be repaired. Please notify this department within fifteen (15) days upon receipt of this letter as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, r' Leo E. Tremblay Inspector of BuildiY' s, LET: scm cc: David Shea Jane Guy Councillor Paskowski, Ward 1 TitLl of I�ttlem, fttssttr4usetts Public Propertg Department ti3uilaing Department (One *alem Green 508.715-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1997 0 Tim Klots P . O . Box 1341 Marblehead, Mass . 01945 RE : 31-33 Salem Street Dear Mr. Klots : On Wednesday, July 23 , 1997 I was contacted by the City of Salem Fire Department, concerning a staircase that had fallen at the above mentioned location . Which is a primary means of egress that must be repaired at once . The Fire Department also removed a refrigerator from the hallway which was preventing access by means to egress from the second floor . I also conducted an inspection of the entire premises and found the following violations : #1 . 31 Salem St . had eight mail boxes in its hallway, leading me to believe that there are eight units . After checking my records , I find that 31 Salem St . is a legal six ( 6 ) unit building. Please conform to six ( 6 ) legal units of file papers to the Board of Appeals to legalize additional units . #2 . Porches on each side of building need major repairs . (unsafe) 413 . It is illegal to have homing pigeons at this location . (please remove ) X14 . Emergency lighting must be repaired in stairwells , front & rear . #5 . Chain link fence must be repaired . ll6 . Remove all trash and debris from yard . #7 . Replace missing light bulbs in stairwells . #8 . Exterior door on back means of egress is opening in wrong direction and must be reverses to allow flow to stairs . #9 . Clean debris from basement ; old water heater , ect . #10 .Basement must have proper ventilation, remove plywood and replace with proper windows . #11 . Replace broken and missing smoke detectors . Please notify this department within fifteen ( 15 ) days upon receipt of this letter , to inform us as to what course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Inspector of Buil ' ngs LET: scm cc: Chief Turner Fire Prevention Health Department Councillor Paskowski , Ward 1 004931'��ww- OtLl Of #ttlem, MassHr4usettsVublic Prnpertq i9epartment iguilbing Department (19n #stirs Erten 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 30 , 1997 Tim Klotis P . O . Box 1314 Marblehead, Mass . 01970 RE : 31-33 Salem Street To Whom it May Concern: Please be advised that your court hearing at Salem District Court has been continued until November 17 , 1997 at 11 : 30 a .m. Should you have any questings concerning this matter , please contact me . Sincere Leo E . Tremblay Inspector of Buil ings LET: scm 3 Tito of #Hlemq massar4usPtts ''a Public Propertg i9epartment . _ 1 �'QryNe"'"� iguilaing i9epartment (One dnlem (6rren '� 509-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 5 , 1997 Tim Klots P.O.Box 1341 Marblehead, Mass . 01945 RE : 31-33 Salem Street Dear Mr. Klots : I will meet with you at 31-33 Salem Street on November 17 , 1997 at 10 : 30 a.m. to perform an inspection of ongoing violations . If all violations are corrected at this time I will dismiss the court hearing scheduled for 11 : 30 a .m. on November 17 , 1997 . Sincerely �1 Leo E. Trembly Inspector of ldings LET: scm Cftp of *alem, Aamwbuottg • Public Propertp Mepartment Puilbing 3Bepartment 0 ®ne *alem oreen (978) 745.9595 (ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 14, 2000 Timothy Klotz 9 Warden Place Lynn,Ma. 01902 RE: 31-33 Salem Street Dear Mr. Kloz: Due to recent problems identified at your above mentioned property, a full inspection of your property is scheduled for Tuesday,November 21, 2000 at 10:30 a.m. Representatives of each inspectional group will be present. Please contact this office to confirm this appointment. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Local Building Inspector cc: Joe Walsh Fire Prevention Electrical Inspector Y C� 4 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR �Y%MB SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 .EXT. 380 MAYOR FAX: 978-740-9846 May 13, 2005 Timothy Klotz (Cop V 9 Wardwell Place Lynn, Ma. 01902 RE: 31-33 Salem Street Salem, Ma. Dear Mr. Klotz: This Department has received and investigated complaints regarding the extremely poor condition of your building. Many of the violations that were observed today are noted on various letters dating back several years. State Building Code 780 CMR, Section 103 requires a building owner to maintain in a safe, operable and sanitary condition all parts of a building. Section 115.6 requires you to arrange an inspection of the building with this Department. Failure to arrange this inspection will result in a complaint being filed in District Court. The following items need to be addressed: 1. The rear porch is derelict including the top step, which is completely gone 2. This side porches on all 4 levels are completely derelict. 3. Interior rear stairs have broken treads. 4. Front and rear interior railings have missing ballisters. 5. Rear entry door and sill opens to the weather These are Building Code problems identified without entering any units. Further problems are anticipated upon unit inspections. The following are plumbing and mechanical violations: l.One of the two hot water heaters is leaking and needs to be replaced immediately. 2.One of the eight boilers is disconnected. 3. Water leaks were observed in other areas of the plumbing. Other problems l.Mattresses and bedding observed in basement and has been obviously been used for sleeping areas. 2. Wiring violations are present throughout basement. 3. Lights are missing and broken in most areas of the basement. 4. Areas of basement contain large amounts of debris. 5. Emergency lights and hall lighting are not working. 6. Smoke detectors missing in at least 2 locations. In closing, your building is in worse shape and contains many of the same violations that have been present on many previous inspections. You are directed to be present and to arrange for access to all units and areas for an inspection on Tuesday, May 17, 2005 at 10:00 a.m. Representation from all Inspectional Departments will be present for this inspection. Failure to arrange and be present for this inspection will result in a complaint being filed in District Court. mcerely, Thomas St./Pierre k, C Building Commissioner cc: Kate Sullivan, Mayors Office Health Department Fire Prevention Electrical Department Plumbing Inspection CITY OF SALEM, MASSACNUSETTS FILE II ' PUBLIC PROPERTY DEPARTMENT Pr ll' ! 120 WASHINGTON STREET. 3RD FLOOR SALEM. MASSACHUSETTS 01970 gTANI-EY J. USOVICZ, JR. TELEPHONE: 978-745-9899 EXT. 380 MAYOR FAX: 978-740-9648 May 19, 2005 i Timothy Klotz 9 Wardwell Place Lynn, Ma. 0190: RE: 31-33 Salem Street Salem, Ma. Dear Mr. Klot2: This Department has received and investigated complaints regarding the extremely poor condition of your building. Many of the violations that were observed today are noted on various letters dating back several years. State Building Code 780 CMR, Section 103 requires a building owner to maintain in a safe, operable and sanitary condition all parts of a building. Section 115.6 requires you to arrange an inspection of the building with this Department. Failure to arrange this inspection will result in a complaint being filed in District Court. The following items need to be addressed: 1. The rear parch is derelict including the top step, which is completely gone 2. This side porches on all 4 levels are completely derelict. 3. Interior rear stairs have broken treads. 4. Front and rear interior railings have missing ballisters. 5. Rear entry door and sill opens to the weather These are Building Code problems identified without entering any units. Further problems are anticipated upon unit inspections. The following etre plumbing and mechanical violations: I.One of the two hot water heaters is leaking and needs to be replaced immediately. 2.One of the eight boilers is disconnected. 3. Water leaks were observed in other areas of the plumbing. Other problems 1.Mattresses and bedding observed in basement and has been obviously been used or sleeping areas. 2 Wiring violations are present throughout basement. 3. Lights are missing and broken in most areas of the basement. 4. Areas of basement contain large amounts of debris. 5. Emergency lights and hall lighting are not working. 6. Smoke detect3rs missing in at least 2 locations. In closing, your building is in worse shape and contains many of the same violations that have been present on many previous inspections. You are directed to be present and to arrange for access to all units and areas for an inspection on Tuesday,May 17, 2005 at 10:00 a.m. Representation from all Inspectional Departments will be present for this inspection. Failure to arrange and be present for this inspection will result in a complaint being filed in District Coult. Sincerely, / �y� rntom/ Building Commissioner cc: Kate Sullivan, Mayors Office Health Department Fire Prevention Electrical Department Plumbing Inspection REPORT ON THE PROPERTY LOCATED AT 33 SALEM STREET OWNED BY TIMOTHY KOLTZ,REGARDING BUILDING CODE VIOLATIONS. WRITTEN ON JUNE 16,2005 BY JOE BARBEAU,ASSISTANT BUILDING INSPECTOR, CITY OF SALEM. �. EXTERIOR CO�� 1. Rear Porch,missing tread,rotting plywood on balance of treads and risers,handrails to short and in bad repair,no intermediate joists under landing floor boards,3+' wide staircase only has two stringers and these are towards the outside edges. 2. Right side porches at the 2"a 3`a 4"floor levels in serious disrepair, floors,structural elements showing signs of decay,railings in poor condition. 3. Left side porches at all levels are in an advanced state of deterioration, with rotted supporting members,unsafe railings,rotting floor boards,and much debris. INTERIOR Not all areas were accessible for this inspection,so this is only a partial listing of the interior conditions of this property. 1. Common Areas. No working emergency systems, exit signs,emergency lights,and smoke alarm system are all in disrepair. No Central Station connection for the smoke alarm system. Much clutter and debris in halls and basement areas. No locks or latching mechanisms on front door. No cellar door,door has been removed and the opening cover with plywood. All basement windows are covered with plywood. Replacement water heater has no oil tag from fire department. Rear Hall has missing balusters on stairway missing light on landing no working emergency lights. Front hall has two broken treads on first floor staircase, as well as missing balusters on this staircase. 2. 1"Floor Right Apartment shows water damage to ceiling,bathroom shows evidence of long term water leakage,has no means of mechanical ventilation,and a soft spot at the threshold that suggests further water damage to floor. 3. 1"Floor Left Apartment exhibits water damage to Living Room ceiling,windows painted shut, extraneous wiring of questionable integrity,a recently renovated bathroom that lacks any permitting, and an out of service hard wired smoke alarm system with missing components. 4. 3`a Floor Right Apartment has a refridgerator plugged into a lamp extension cord,bathtub shows evidence of continued leaking, stove does not work,missing smoke alarm heads, lack of proper door hardware. 5. 3`a Floor Left Apartment has holes in walls,no smoke alarm system,bathroom is in dire need of renovation,multiple electrical problems including work boxes pulled from the wall,broken devices,hanging light fixtures. 6. 4"Floor Right Apartment shows signs of ongoing roof leaks,evidence of roach infestation, second egress door is blocked by appliance(Washing Machine). 7. 4th Floor Left could not gain entry, is reportedly empty at this time. 8. 2nd Floor Right is vacant, overall condition is poor, as in all other apartments there are no screens on windows,and is in general need of paint and repair. 9. 2"d Floor Left also vacant and in need of general repair. Addendum: A Fire Watch had been posted on this structure while the Smoke Alarm System was being repaired,on our return visit on 6/23/2005 this had been accomplished. CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 31D FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KINIBERLEY DRISCOLL MAYOR THONIAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER Jan.19,2006 Salem District Court Salem Ma.01970 City of Salem vs. Timothy Klotz (docket#0536CR002241) On October 20th Mr Klotz,represented by his att.Gary Katz,appeared before the Court.An agreement was worked out between the Defendandt and the City of Salem and was presented to the Court to stay further action. It was understood by the City,that the agreement was intended to legally place the tenants into temp housing while the Defendant made the necessary repairs for the numerous Health and Building Code violations.Most of the violations still exist.This office has received information that the Building,that is at the center of this action,is under a Purchase and Sale agreement. In the agreement, the owner, Mr. Klotz,agreed to deliver the building empty of tenants. It is the opinion of the Health Dept. and the Building Dept.that Mc Klotz has not lived up to the agreement and has in fact used the removal of the tenants to facilitate the selling of the property without going through the usual procedures of legal notice and or eviction. The agreement calls for a$100 day .fine .We have refered the tenants to N.S.C.A.P to seek their own remedies. SCeerely,'J. St.Pierre Building Commissioner 01/02/08 12:98 FAX 978 745 9309 TINTI QUINN GROVER MY, R002 TINTI, QUINN, GROVER & FREY, P.C. 27 CONGRESS STREET,SUITE 414 WILLWM J.TINT] SALEM,MASSACHUSETTS 01970 tinct@rintilaw.eom TELEPHONE W1111AM B.ARDIFF(1965.1995) WU11AM F.QUINN (978)7458065 - (978)7442948 MARCIA MULFORD CIM Willi.mFQuinn@aoLmm OF COUNSEL SCOTT M.GROVER TEI=PIER JOHN D.KEF-NAN smgrov @Cimilaw.com (978)7455-3369 OF CoUNSFL MARC P.PREY w—tindlaw.mm mp&ey@tinnlaw.com MARCY D.11AAUaER mhaubcr@nnrilaw.wm JAMES G.GILAERT igilben0anrilaw"m January 2, 2008 BY TELECOPIER (978,) 740-9846 Mr. Thomas St. Pierre Director of Inspectional Services City of Salem 120 Washington Street Salem, Massachusetts 01970 Re: 17-21 Salem Street Salem,MA Dear Tom: I am writing to confirm that I have advised Michael Viola that it is the position of the City of Salem that the only permitted use of the second floor of his property at 17-21 Salem Street, Salem,Massachusetts is for a single dwelling unit. I have further advised Mr. Viola that any other use of the second floor will require additional approvals by the City relating to both building code and zoning matters. Please let me now if there is anything further you will require in order to issue the occupancy permit. Very truly yours, lcl�l� . CTrov r -�-L— SMG/dlg cc: Michael Viola SALEM POLICE DEPARTMENT SALEM, MA 01970 January 28, 2008 Thomas J. St.Pierre Building Inspector 120 Washington Street Salem, MA 01970 Mr. St. Pierre, On January 25`h members of the Community Impact Unit (CN) of the Salem Police Department were patrolling the point neighborhood when officers observed business like activity in the office area of 17—21 Salem Street. It was the understanding of the CN that the property owner had not yet obtained an occupancy permit from the city. Telephone calls were made to Jason Silva Administrative Aide to the Mayor and to Thomas St. Pierre the Building Inspector. Officer's Marc Berube and Dennis King went to 17—21 Salem Street and spoke with John Festa who identified himself as the program director for St. Jeans Re-Entry Program. Mr. Festa told the officers that the facility was operational and there were five clients/residents living at the facility. Mr. Festa provided the officers with a list of the clients/residents. Mr. Festa told the officers that he was not aware of any licensing issues with the City of Salem. If I can be of any fiu4her assistance to you please feel free to contact me at Salem Police Headquarters, 978-744-0171 X-218. Larry siocheville Sergeant Community Impact Unit Salem Police Department Cc. Jason Silva Oct 24 05 03: 08p Timothy Klotz 7312049 p. 1 i TIMOTHY KLOTZ 1701 Sherman Drive Utica, NY 13501 Post-it"Fax Note 7671 nate e m pages October 24 , 2005 To -3 Cc c,P,^ l From i Co./oeptt" 7 / Phone 4,- S1_t Joe Barbeau, PakVCv Asst . Building Inspector City of Salem Re : 31-33 Salem Street Salem, MA i As per our conversation of this afternoon , I feel that you are being incredibly unreasonable in f. i.ni.ng me any money regarding the notification deadline of Friday , Noon . To begin with , I didn ' t get out of court until. 2 :00 Thursday . I went to the building and started to make arrangements with the tenants . I phoned 3 different hotels in the Salem area and discovered that due to Halloween tourists , they were completely booked . Nothing would be available until after the first of November . I found one rooming house in Salem, .1 drove by and foudd it to be unsafe . It had only 2 rooms available . I checked on hotels on Route One , found one that could acccruodace two families and found a rooming house in Lynn that could accomodate two families . In the meantime , my tenants were speaking with their family and frieds . Carmen Espinal , # IR, is visiting family in Santo Domingo and won ' t be back for 3-4 weeks . Her brother signed the paper for her . #2R, Tiburicio family , decided to to to New York to stay with family . Three out of the remaiaign five tenants decided to stay with family in the area. The remaining two tenants didnot give me their decision until approximately 5pm on Friday night , saying they would rather slay with family than relocate to Danvers or Lynn . To say the Lease , this was a hectic 30 hours after leaving Court on Thursday afternoon . I helped tenants physically move some of their belongings to wherever thay had chosen to stay . i My focus was taking care of my tenants and securing the building. I wasn ' t aware of this requirement to notify you that the tenants had moved out . In closing, this has been a very traumatic experience . I moved quickly , as required, and the tenants were al. lrelocated by 5pm Friday , October 21 , 2005 . Please reconsider this fine and turn things around, because I fully intend to work closely cuith you i� getting this property back on line as quickly as possible . THANK YOU . _ ---- --- - Timothy Klotz Cttp of 6alem, A1a9;gatbugettg e Public propertp Mepartment VL �3uilbing Tiepartment (COP One fpalem &reen (97S) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 12, 2001 Cesar Pena 33 Salem Street Salem, Ma. 01970 Dear Owner: Please be advised, the 30 day time period you were given to correct code violations at 33 Salem Street has expired. To date, no plumbing permits have been pulled nor have any inspections been done. Please contact this office immediatley to complete the inspections. Failure to comply will result in legal action being filed in Salem District Court. Sincerely, (� Thomas St. Pierre Local Building Inspector Cc: Mayors Office Health Department Electrical Inspector Plumbing Inspector Councillor LaCava Oct 24 05 03: 08p Timothy Klotz 7312049 p. 2 i -- v., `L — }o.h eef02CA h. t 0 .78) 79l - 8i 3/ Y1�OU4= � �,v �G� ti C. ( 17) 803 - &W — ---- - 7- 10 C �� �G I ;>/ � z � 2 ------------------------------------------------ -------------------------- ----- ----------------------------------------------------- amed person(s) personally appeared before me and made an ----- -------------- Notary Public (seal) Date Commission Expires S.S. # c- 2 u S� )f the Acts of 1985 and Chapter 110, Section 5, of Mass. ect for four (4) years from the date of issue and shall be tnder oath must be filed with the town clerk upon business or partnership. e address at which such business is conducted and shall be s to any person who has purchased goods or services from free hundred dollars ($300.00) for each month durine which Certificate No: 171-06 Building Permit No.: 717-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0031 SALEM STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CORRECT VIOLATIONS (2L) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date -----------------'-A Issued On: Thu Jun 7,2007 ---------------- --GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. ------------------- --------------- A' • I� O O �7 ( 77 Certificate No: 717-06 Building Permit No.: 717-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0031 SALEM STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CORRECT VIOLATIONS (2R) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires - unless sooner suspended or revoked. Expiration Date Issued On:Thu Jun 7,2007 --- --- -- --------- -- -- -------- GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. -------------- - ----- ------------------------- --------------------------- ,.,•��1. '���:. ���'� F' I v� ���t��� Certificate No: 717-06 Building Permit No.: 717-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at ------------------- ---------------------------------- Dwelling Type 0031 SALEM STREET in the CITY-OF-SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CORRECT VIOLATIONS (3L) This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. - Expiration Date Issued On: Thu Jun 7,2007 ---------------------- GeoTMS®2007 Des tauners Municipal Solutions,Inc. --------------- ----------- t O o y .�a� Certificate No: 171-06 Building Permit No.: 717-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 0031 SALEM STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CORRECT VIOLATIONS Q R) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires --- ----------------- unless sooner suspended or revoked. Expiration Date ---- - - -- - ---- - Issued On: Thu Jun 7,2007 ------ -- - ------ GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. �' P v, +I ' 0031 SALEM STREET 717-06 G's#: 19692 j COMMONWEALTH OF MASSACHUSETTS Map: 134 Block: CITY OF SALEM ILot: 10229 `Category_ IREPAIR/REPLACE Permit# 1717-06 1 BUILDING PERMIT Project# JS_2006-001464 Est. Cost: $20,000.00 Fee Charged: $205.00 Balance Due_ 1.00 PERMISSION IS HEREBY GRANTED TO: Const Class:_ _ _ _ __ l Contractor: License: Expires Use Group_ _ [Homeowner as Contractor Lot Size(sq ft.): 2750 Zoning: R3 10wner: BROWN FAMILY TRUST Units Gained: jApplicant.- BROWN FAMILY TRUST nits Lost: I _ __ __ _ _ ]AT: 0031 SALEM STREET ig Safe#: ISSUED ON. 06-Mar-2006 AMENDED ON: EXPIRES ON: 06-Sep-2006 TO PERFORM THE FOLLOWING WORK: 717-06 CORRECT VIOLATIONS/INSTALL SOME CABINET/WINDOWS JB POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbine Buildine Underground: Underground: - Underground: Excavation: Service: Meter: - Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Treasury: Water: Alarm: Sewer: Sprinklers: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2006-002066 06-Mar-06 1513 $205.00 GeoTMSO 2007 Des Lauriers Municipal.Solutions,Inc. i c ago U -79l d 33 —3s;-/ / N�< o-7k!5 eA PURCHASE ORDER Fiscal Year 2007 Page 1 Purchase Order # 00302361 -00 PUMEL ENTERPRISES P0BOX 2123 DANVERS, MA 01923 ViVendor Phone Number Rv- Vendor Fax Number kRe uisition Nu 978-745-4054 978-465-8147 1 00002706 SDate Ordered J lVendor Number, '",Date Requireds . _ .= Freigh 09/07/06 015391 1 09/06/06 =lteml ? "" ' M- 001 WORK DONE TO RETAINING WALL AT GALLOWS HILL CIRCLE 11922-5241 410. October 20, 2005 Dear Resident of 31 Salem Street: Today, Salem District Court Judge Healey condemned the apartments at 31 Salem Street because of conditions that could injure your health and safety. The Judge has ordered Mr. Klotz, the landlord, to find another apartment for you and your family to live in. This apartment must comply with all city and state regulations and should have a valid Certificate of Fitness issued by the Board of Health. Mr. Klotz must do this by tomorrow because the building will be bordered up by 5 PM tomorrow. If you need access to your apartment after that time to obtain more of your belongings, please call Mr Klotz, 315-733-4633 or Mr. Klotz' attorney Gary Katz, 781-576-9509 or 781-639-3071 . If you have any questions or concerns, please call the Board of health, 978-741-1800. Sincerely, Joanne Scott Health Agent COMMONWEALTH OF MASSACHUSETTS Lssex, ss. Trial Court of the Commonwealth Dis sict Court Department Salem Division Docket No.: 0536 CR 2240 2241 Commonwealth vs. ) Timothy Klotz, ) = Defendant Findings,Rulings&Order: This matter came before the Court for hearing on June 2, 2006.After h g, i@ iN4l0wing findings,rulings and order are entered: 1. The premises located at 31-33 Salem Street,Salem Massachusetts,con sting of eight(8) dwelling units remain unoccupied and are under construction and do of qualify for occupancy. There are valid construction permits outstanding on the prope issued by the City of Salem. 2. During the pendency of this matter,the defendant has sought to convey title to the property to one George Brown. The said George Brown is now incarcerated, serving a sentence at the Essex County Correctional Facility in Middleton,Massachusetts for an unrelatec matter. 3.The property is subject to on going code enforcement inspections by theCity of Salem while it is under construction,including a responsibility that the owner(s)maintaiji the exterior of the condition while under construe on and repair. property in a safe and reasonably sanitary 4. The property has been in a prolonged state of disrepair,construction has had a history of code violations associated with it. 5.Former tenants of the building have been prior relocated to other habit ble premises at the expense and liability of the defendant and any successors in interest. The e is odition outstanding some $15,000.00 in funds held in escrow for the benefit of premises' and for purposes of assisting tenants to relocate to the building if the sod sire once occupancy has been granted by the City of Salem. Based upon the same,the following is now ORDERED: d and 1.All construction, reconstruction and repair of the premises SHAT i,be the of Salem for occupancy authorization shall have been received by the title holder(s) the premises by the close of business on September 7,2006. g •d TL6066918L z1eH FJeg d00 :S0 90 91 lou I In the interim, before the close of business on June 16, 2006 the owner( of the premises SHALL have designated a contact person for the City of Salem to work ough in obtaining access to and information about the building for purposes of on going inspections of the Premises,code enforcement purposes and in order to process all requests r permit inspections and occupancy applications for the premises. 3. The owner(s)of said premises SHALL before the close of business on J une 16,2006 disclose to the City of Salem the exact dollar amount of the escrow account being eId for these premises, the name, address and phone number of the person or persons who contro and hold said escrowed funds and in what banking institution said funds are being main ained together with an account number. The City of Salem shall maintain said information in a confidential manner and shall not disclose said information to any third parties without written Per fission of the Court. 4. Said escrowed funds shall be maintained for the following proposes O LY: a. First,to provide rental assistance for up to ninety(90)days to displaced tenants who wish to return to the building once occupancy is authorized by the City of Salem. Said rental assistance shall not exceed seven hundred fifty($750.00)dollars to any one unit. b. Second,to fund repairs/improvements to the premises after object `a' ove has been satisfied. 5. The defendant and any successors in interest upon request from the Ci of Salem made in writing SHALL provide to said city the most recent title information rega ding said premises including disclosure of all deeds,trust documents and mortgages currentl i covering said premises. 6.The premises shall be reasonably insured at all times by the defendant d any successor in interest. Said insurance shall include at a minimum coverage for fire,premises liability, demolition coverage in the event of total loss and tenant relocation. 7.This matter shall again be reviewed by the Court at hearing on September 8, 2006 at 9:00 a.m. and in the interim may be brought forward by the parties to resolve any issues that may arise upon forty eight(48)hours written notice to the opposing party aad the ourt. 8. In the event the defendant and any successors in interest shall fail,neglect or refuse to comply with the provisions of this order,on September 8,2006 the City of Sale shall be given leave to seek:o place a lien upon title to the premises and thereafter take the prer iises by court order for liquidation. As Ordered by theCourt: Hon. Robert A. Coi netta, June 5, 2006 hAstice A TRUE COPY, ATTEST: &AAV k H RATE - -- --- - - - - b 'd ILGOSE918L z-4eN Rjeg d00 :S0 90 9T any ' I Fig 16 0C 04: 59p Gary Katz 7816390971 p..2 Mary M. Katz, Esq. P.O. Box 1379, Marblehead, MA 01945 Tel: 781-639-3071 /Cell: 781 576-9509/ Fax: 781-639-0971 Honorable Robert A. Cornetta Salem District Court 65 Washington Street Salem, MA 01970 RE: Commonwealth v. Tin othy Klotz Docket No. 0536 CR 2 240, 0536 CR 2241 )eai Justice Cometta: 5 2006 which said In connection with a hearing nducted June 2,2006,the Court issued an Order, dated June , Order required, in part, that a certain George Brown, owner of record of a multi-family property known and numbered as 31-33 Salem Strc et, Salem,MA,complete repair of said property on or before the close of business on September 7,200 . The City of Salem Building I Spector,Thomas St. Pierre, is presently unaware of the commencement of any such work. The Law Office o Gary M. Katz represents Defendant Timothy Klotz who sold the building to Mr. Brown in February 2006. vtr. ]Qotz is very concerned by the absence of compliance by Mr. Brown with the Court's Order as the former s a party to this action where Mr. Brown is not identified by the court as the owner of the building at issue. \4r. Klotz respectfully request that he not be held liable for the inaction of Mr. Brown. The within communication is xecuted by the undersigned with the intent to notify Justice Cometta of the lack of movement toward the stat objective in the Court Order;further,the District Attorney's Office has been notified that this communicate n is intended by the undersigned. Many thanks in advance. Very truly yours, Gary M Katz Thomas St. Pierre y August 16, 2006 August 16, 2006 i �e FL.g :G 06 04: 59p Gary Katz 7816390971 I FAX COVER SHEET TO: Tom St. Pierre Fax: 978-740-9846 FROM: Gary M. Katz,Esq. P.O. Box 1379, Marblehead, MA 01945 Tel: 781-639-3071 /Cell: 781-576-9509 Fax: 781-639-0971 2E: ort Meyers lease(proposed) 4 of Pages 4 PLEASE NOTE: Tom —please review-GK GaryM. Katz, Esq. P.O. Box 1379, Marblehead, MA 01945 Te1:,781-639-3071 /Cell: 781-576-9509/Fax: 781-639-0971 Honorable Robert A. Cometta Salem District Court 65 Washington Street Salem, MA 01970 RE: Commonwealth v. Timothy Klotz Docket No. 0536 CR 2240, 0536 CR 2241 Dear Justice Cometta: In connection with a hearing conducted June 2, 2006, the Court issued an Order, dated June 5, 2006,which said Order required, in part, that a certain George Brown, owner of record of a multi-family property known and numbered as 31-33 Salem Street, Salem, MA,complete repair of said property on or before the close of business on September 7, 2006. The City of Salem Building Inspector, Thomas St. Pierre, is presently unaware of the commencement of any such work. The Law Office of Gary M. Katz represents Defendant Timothy Klotz who sold the building to Mr. Brown in February 2006. Mr. Klotz is very concerned by the absence of compliance by Mr. Brown with the Court's Order as the former is a party to this action whereas Mr. Brown is not identified by the court as the owner of the building at issue. Mr. Klotz respectfully requests that he not be held liable for the inaction of Mr. Brown. The within communication is executed by the undersigned with the intent to notify Justice Cometta of the lack of movement toward the stated objective in the Court Order; further,the District Attorney's Oftie,�has been notified that this communication is intended by the undersigned. Many thanks in advance. Very truly yours, Gary M. Katz Thomas St. iene August 16, 2006 August 16, 2006 COMMONWEALTH OF MASSACHUSETTS Essex, ss. Trial Court of the Commonwealth District Court Department Salem Division Docket No.: 0536 CR 2240 Commonwealth ) 2241 Timothy Klotz, Defendant ) `� Findings,Rulings&Order. This matter came before the Court for hearing on June 2, 2006.After hearin,&,. owing findings,ndings and order are entered: 1. The Premises located at 31-33 Salem Street, Salem Massachusetts,consisting of eight(8) dwelling units remain unoccupied and are both under construction and do not qualify for occupancy There are valid construction Permits outstanding on the pro Y Salem. perry issued b the City of 2.During the pendency of this matter,the defendant has sought to convey title to the property to one George Brown The said George Brown is now incarcerated,serving a sentence at the Essex County Correctional Facility in Middleton,Massachusetts for an unrelated matter. 3. The property is subject to on going code enforcement inspections by the City of Salem while it is under construction, including a responsibility that the owner(s)maintain the exterior of the Property in a safe and reasonably sanitary condition while under co nstruction and repair• 4. The property has been in prolonged code violations associated with it. state of disrepair,construction and has had a history of 5.Former tenants of the building have been prior relocated to other habitable premises at the expense and liability of the defendant and any successors in interest. There is currently outstanding some$15,000.00 in funds held in escrow for the benefit of the premise S, condition and for purposes of assisting tenants to relocate to the building if the so desire once occupancy has been granted by the City of Salem Based upon the same, the following is now ORDERED: 1.All construction,reconstruction and repair of the premises SHALL be completed and occupancy authorization shall have been received by the title holders)from the City of Salem for the Premises by the close of business on September 7,2006. -2- . 2. In the interim, before the'close of business on June 16,2006 the owners)of the premises SHALL have designated a contact person for the City of Salem to work through in obtaining access to and information about the building for purposes of on going inspections of the Preiruses, code enforcement purposes and in order to process all requests for permit inspections and occupancy applications for the premises. I The owners)of said premises SHALL before the close of business on June 16,2006 disclose to the City of Salem the exact dollar amount of the escrow account being held for these premises, the name,address and phone number of the person or persons who control and hold said escrowed fiords and in what banidng institution said funds are being maintained together with an account number. The City of Salem shall maintain said information in a confidential manner and shall not disclose said information to any third parties without written permission of the Court. 4. Said escrowed funds shall be maintained for the following Purposes ONLY: a. First,to provide rental assistance for up to ninety(90) days to displaced tenants who wish to return to the building once occupancy is authorized by the City of Salem. Said rental assistance shall not exceed seven hundred fifty($750.00)dollars to any one unit b. Second,to fund repairsHmprovements to the premises after object `a' above has been satisfied. 5. The defendant and any successors in interest upon request from the City of Salem made in writing SHALL provide to said city the most recent title information regarding said premises including disclosure of all deeds,trust documents and mortgages currently covering said premises. 6. The premises shall be reasonably insured at all times by the defendant and any successor in interest. Said insurance shall include at a minimum coverage for fire,premises liability, demolition coverage in the event of total loss and tenant relocation. 7. This matter shall again be reviewed by the Court at hearing on September 8,2006 at 9:00 am. to resolve any issues that may a and in the interim may be brought forward by the parties upon forty eight(48)hours written notice to the opposing parry and the CourL 8. In the event the defendant and any successors in interest shall fail,neglect or refuse to comply with the provisions of this order, on September 8,2006 the City of Salem shall be given leave to seek to place alien upon title to the premises and thereafter take the premises by court order for liquidation As Ordered by the Court: Hon. Robert A. Cometta, June 5, 2006 Jdstice A TRUE COPY, ATTEST: 31 —33 Salem Street Case Summary This is a case involving a four story, eight unit, brick apartment building in the Point neighborhood of Salem. A combined inspection team of Health, Fire, and Building Officials inspected these premises in early June of 2005. Numerous violations of State Codes and Local Ordinances were found. The owner Mr. Klotz was informed and ordered to make immediate efforts to resolve these issues. At a re-inspection a week later, these same violations had still not been addressed. This case was then brought to District Court to force the violation repairs. By Agreement in District Court on October 20, 2005 the landlord was to let 7 apartment units for the purpose of relocating the tenants, while the building was brought into compliance. This property was Ordered by Judge Cometta to be vacated until such time as these inspectors were satisfied that this property was again in compliance. It is the position of these inspectors that this was not done, and consequently the tenant's rights and belongings were not properly protected, and the agreement was violated. Currently this property has been sold to another group headed by one George Brown(currently incarcerated at Middleton, on some other un-related matter). Judge Cometta in a pre-trial hearing on May 10, 2006 refused to consider the position by the defense that by virtue of the sale of this property that the defendant was exhonorated. He further ordered that this property would not be occupied, until after the next scheduled hearing on April 7, 2006 at which time he wanted the defendant as well as Mr. Brown in attendance. It is the position of the City of Salem that Mr. Klotz has not lived up to the agreement that was made in this Court in October of 2005, and that by this very agreement should be penalized at the $100 dollar per day rate that was agreed in this Court. _. . ..�_.._ ._. �4���Jrn��:�.lS__._. __ ✓1C-'.1'C.�..•t._ .C:o. L_��_Ci���4¢.� " Ptccch'F_��1�..,1.. ... . _ ._ .. _�� ._. ��.�._.r 11.�E'__'S. ___�L' !'e.<J.�! _ �C� Y�F.:Q. _..4 _S_ _.... //V I, �O�-t•.J. ,CT) __. D/\tel. S ?���v_+ C\Cu�� •'E .,... CCUry_U�pY., .�.q _�3�^.`._.0 3 _ ,_l.J.-- lv-�+,_.r�_ c.r - �1Gc. r5 vl _C /, ✓_2 . .._.. ` 1 C- / _ _ eo 4V*L 4A vi Ilk _.. _... .. ...------- V s�. L � _._.._Cc•�iv_�—� L.4 h_c�,---_ nn� �- �b/�� J r _. �..5 G.S..v'�-"\�"'---�-mow` ._-__`l'. (r+.."i-�._r• ....0._. toS:r.L'......_,'n^.C�--='.-.� �.�._cj - Ck- Y . I PAs Pogo)/04_ _. ..__---- i ADDENDUM TO PURCHASE ti SALE AGREEMENT BY AND BETWEEN TIMOTHY KLOTZ (-SELLER-) AND GEORGE BROWN, OR NOMINEE THEREOF, ("BOYBR") DATED �- � 0 2005 COVERING 31-33 SALEM #1MT, SALEM, MA. 1. In the event of a conflict between terms and provisions of aforesaid Purchao&Sale Agreement and the Addendum herein,the terms and provisions of said Addendum shall control the Addendum herein is attached to said Agreement and made a part thereof. 2. SELLER and BUYER hereby covenant and agree that: (i) BUYER shall comply in all respects with a certain agreement dated 20,2005 by and between SELLER and the City of Salem Building and Health Departments which sai i agreement stipulates,inter glia,that the multi-family residential building,and the eight residential unit therein, located at 31-33 Salem Street,Salem, MA must pass inspection by the aforesaid municipal departin mts, and each said unit deemed is compliance with all applicable municipal and governmental requirements prior to issuance of municipal occupancy certificates;and (ii)All former legal tenants(excluding squatters,if any)of said building as�f October 20,2005 shall be given the right to reoccupy their former apartment(upon receipt of ooeup certificate by BUYER)at the same monthly rent as of said date;provided,however,that if SELLER andUYER am unable to contact and locate former tenants atter documented reasonable expenditure of good futli efforts,then this provision shall be deemed null and void as to those former tenants,if any,either rnab a to be found or,alternatively, unwilling to return to their former apartment. 5 u :`v U u:�_Srs j4 j Executed as a sealed instrument this 27" day of January 2006. j Tiato�lry Klotz C'4iOrge rows i E -d IL6066918L zse)l -"4 g 490 :21 90 SI qad ESCROW AGREEMENT The SELLER,Timothy Klotz and Buyer,George Brown,of reo]property known and numbered as 31-33 Salem Street,Salem,Massachusetts hereby a to place the sum of seventeen thousand and five hundred(S 17,500.00)dollars the proceeds of said sale in an escrow account. Said escrow is to be used to' the Buyer against any claims and costs associated with existing tents and tenant's ' at said property. "Claims"as used herein,shall mean any rights asserted against the or Property including,but not limited to,tenancy issues,right to occuPY.rmY claimed that arose fiom the tenancy at said property and legal fees and costs' by the Buyer as a result of said"claims". It is agreed that upon notice of a claim by said tenant that causi s the Buyer to incur,damages,costs or legal fees,the Buyer may make a claim again t said escrow fwWs to indemnify him against said damages,costs or fees. The escxo w agent shall immediately disburse the funds sought from the escrow as soon as the mnsent of both parties is obtained. The Seller agrees not to=reasonably withhold his consent to the disbursement. If at the conclusion of six(6)months from the date of this agremunt any funds remaining shall be disbursed to the Seller in full,unless there is notice of any pending claims then a reasonable portion shall be withheld by the escrow,agent to indemnify the Buyer. Century 21 Hughes,319 Broadway,Lynn,Massachusetts shall act as escrow agent and shall hold said monies in a interest bearing account until the Parties agree as to how to distribute s!i iescrowed funds. 1/ Timothy Klotf i Dated: Fcbnuary 10,2006 I I I I I z d ILSO669I8L zlex Rjeg dSo :aj 90 S1 gad 6. FINANCING: This Contract is subject to the BUYER(s)obtaining a Conventional,VA,or FHA first mortgage commitment of $ ;�; E'K'E, 7 -;- - at prevailing interest rates,points and terms. If the BUYER(s)is unable to obtain the above-noted financing, after using diligent efforts to do so,which 'diligent efforts' shall mean at least one application to an institutional lender made on or before 20-626.,,then BUYER(s) may terminate this Contract by notifying the SELLER(s)and Listing Broker(s) in writing,on or before J-,?3 ,20 , upon which notification all deposits shall be returned to the BUYER(s). Failure to so notify will bar the BUYER(s)from termination under this paragraph. 7. CLOSING: A good and sufficient Deed,conyeying a good and clear record and marketable title shall be delivered,by the SELLER(s), on or before—t: -A.MJRM. , 20.�,_,"at the appropriate Registry of Deeds,unless some other time and place are mutually agreed upon in writing. Time is of the essence of this Contract. H. SPECIAL PROVISIONS :.t 7 7 S l is i "O ' '/ 7 i Ai i ,� �c z`r ��. � 1✓� t, t L2��2�� L eG Pr v 4 144IR11- IK 6.' !,AJ A 1/ —i 1c �.' 4 Z � J - / �/ 91 (tel Ti,Af � `� +-rte ,Ti 4 9. WARRANTIES &REPRESENTATIONS: The BUYER(s) acknowledges that he/she has not relied upon any warranties or representations not incorporated in this contract, except for the additional warranties and representations, if any, made by either the SELLER(s) or the Broker(s).If none,state"NONE". .4/L, N _ NOTICE: THIS IS A LEGAL DOCUMENT THAT CREATES BINDING OBLIGATIONS.IF NOT UNDERSTOOD,CONSULT AN ATTORNEY. BUYER: w/ V` ti �� -� / BUYER: ature Signature BUYER: BUYER: Print name Print name This Offer is hereby accepted at A.M./P.M. on 20—. SELLER: SELLER: ADDRESS: ADDRESS: This Offer is hereby acknowledged but rejected at A.M./P.M. ON 20 . SELLER: SELLER: Signature Signature SELLER: SELLER: Print name Print name All rights reserved.The use,distribution or reproduction of this form,in whole or in part, is permitted only by the express written consent of the North Shore Association of REALTORS®, Inc. ©N.S.A.R.4/91, 10/96 Page 2 of 2 ® CONTRACT TO PURCHASE REA O[Q�® NORTH SHORE ASSOCIATION OF REALTORS®,Inc. OPPORTUNITY DATE: /' J 3—(.' S From the office of: i,\ -x/ ,,q t./l-Presented to: C 21 fel ;1_4 f? .r Listing Office--Listing Agent SELLER(S) Property Address S I. 3 )L r` Air ,,7- Town/City ' .)L tt I State-AAA- Approximate Lot Size L Book ' 1',i Page,zy % Reglstry of Deeds I- >t C V 1. WE HEREBY OFFER TO PAY FOR THE ABOVE-NOTED PROPERTY: (a) $ %of which (b) $�; �is paid herewith as a deposit to bind this Offer (c) $ --/V2 is to be paid as an additional deposit on or before 4, 4 A 20 . (d) $_ is to be paid at a time of delivery of the deed,by cash,certified or ank check (e) $ ii— I Total Purchase Price All deposits shall be held in escrow by tI fl L1'4 <]f /rte as escrow agent,to be duly accounted for at closing. 2. ACCEPTANCE TERMS: This Offer shall remain open until :_a: ,A.MR..M) - 20� and may be accepted only by the SELLER(s) signing this document prior thereto wlitre--noted, signifying acceptance of this Offer. Upon acceptance by SELLER(s) this shall become the contract between the parties; otherwise, this Offer shall be considered rejected, and any deposit paid in accordance herewith returned to BUYER(s). 3. AGENCY DISCLOSURE ACKNOWLEDGEMENT: The BUYER(s) and SELLER(s) acknowledge receipt of the notice required by Regulation 254 of the Code of Massachusetts Regulations, Section 2.05(15), regarding the relationship of the Broker(s) with the BUYER(s) and SELLER(s) of the property. 4. LEAD LAW ACKNOWLEDGEMENT AND INSPECTION: BUYER(s)acknowledge receipt of the 'Massachusetts Department of Public Health Property Transfer Notification' regarding the Lead Law. This contract is contingent upon a risk assessment or inspection of the property for the presence of lead-based paint and/or lead-based paint hazards at the Buyer's expense until 9:00 P.M.on the tenth calendar day after Seller's acceptance. This contingency will terminate at the above predetermined deadline unless the Buyer(or Buyer's agent)delivers to the Seller (or Seller's agent) a written contract addendum listing the specific existing deficiencies and corrections needed,together with a copy of the inspection and/or risk assessment report. The Seller may, at the Seller's option, within five days after Delivery ; of the addendum,elect in writing whether to correct the condition(s)prior to settlement. If the Seller will correct the condition, the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the Seller does not elect to make the repairs, or if the Seller makes a counter- offer, the Buyer shall have five days to respond to the counter-offer or remove this contingency and take the property in "as- is"condition or this contract shall become void.The Buyer may remove this contingency at any time without cause. 5. INSPECTION, BUYER(s)'ELECTION TO TERMINATE: This Contract is subject to the right of the BUYER(s)to obtain, at the BUYER(s)' sole cost, a home inspection of the premises by consultants(s) of the BUYER(s) own choosing within ten (10) days after the SELLER(s)' execution of this Contract or no later than 1 31f7 If the BUYER(s) is not satisfied with the results of such inspection, this Contract may be terminated by the BUYER(s) at the BUYER(s) election, without legal or equitable recourse to any party, the parties thereby releasing each other from all liability under this Contract, and all deposits shall be returned to the BUYER(s). However, in order to elect to terminate, BUYER(s)must notify the SELLER(s) and Listing Broker(s) in writing, on or before the expiration of the ten(10)day inspection period,of BUYER(s)' intentions to so terminate;failure to so notify will bar the BUYER(s)from termination under this paragraph. In the event the BUYER(s) do not elect to have such inspection or to so terminate within ten (10) days, the SELLER(s) and the Broker(s) are hereby released from liability relating to defects in the premises which the BUYER(s)or BUYER(s)' consultants(s)could reasonably discover. Page 1 of 2 BUYERS'Initials BUYERS'initials SELLERS'Initials SELLERS'Initials COMMONWEALTH OF MASSACHUSETTS Essex, ss. Trial Court of the-Commonwealth District Court Department Salem Division Docket No.: 0536 CR 2240 2241 Commonwealth `"pwnun,,,,r�.,� �``�MMONW�r .,� -(�Qy vs. > ww y0� Timothy Klotz, ) Defendant ) ±g 4 Findings, Rulings& Order: DMs`.°`.�7'g This matter came before the Court for hearing on June 2, 2006. After hearing,t{ie b7lowing findings,rulings and order are entered: 1. The premises located at 31-33 Salem Street, Salem Massachusetts, consisting of eight(8) dwelling units remain unoccupied and are both under construction and do not qualify for occupancy. There are valid construction permits outstanding on the property issued by the City of Salem. 2. During the pendency of this matter,the defendant has sought to convey title to the-property to one George Brown. The said George Brown is now incarcerated, serving a sentence at the Essex County Correctional Facility in Middleton, Massachusetts for an unrelated matter. 3. The property is subject to on going code enforcement inspections by the City of Salem while it is under construction, including a responsibility that the owner(s)maintain the exterior of the property in a safe and reasonably sanitary condition while under construction and repair. 4. The property has been in a prolonged state of disrepair,construction and has had a history of code violations associated with it. 5. Former tenants of the building have been prior relocated to other habitable premises at the expense and liability of the defendant and any successors in interest. There is currently outstanding some $15,000.00 in funds held in escrow for the benefit of the premises' condition and for purposes of assisting tenants to relocate to the building if the so desire once occupancy has been granted by the City of Salem. Based upon the same,the following is now ORDERED: 1. All construction,reconstruction and repair of the premises SHALL be completed and occupancy authorization shall have been received by the title holder(s) from the City of Salem for the premises by the close of business on September 7, 2006. -2- 2. In the interim,before the close of business on June 16, 2006 the owner(s) of the premises SHALL have designated a contact person for the City of Salem to work through in obtaining access to and information about the building for purposes of on going inspections of the premises, code enforcement purposes and in order to process all requests for permit inspections and occupancy applications for the premises. 3. The owner(s)of said premises SHALL before the close of business on June 16,2006 disclose to the City of Salem the exact dollar amount of the escrow account being held for these premises, the name, address and phone number of the person or persons who control and hold said escrowed funds and in what banking institution said funds are being maintained together with an account number. The City of Salem shall maintain said information in a confidential manner and shall not disclose said information to any third parties without written permission of the Court. 4. Said escrowed funds shall he maintained for the following purposes ONLY: a. First,to provide rental assistance for up to ninety(90)days to displaced tenants who wish to return to the building once occupancy is authorized by the City of Salem. Said rental assistance shall not exceed seven hundred fifty($750.00) dollars to any one unit. b. Second,to fund repairs/improvements to the premises after object `a' above has been satisfied. 5. The defendant and any successors in interest upon request from the City of Salem made in writing SHALL provide to said city the most recent title information regarding said premises including disclosure of all deeds,trust documents and mortgages currently covering said premises. 6. The premises shall be reasonably insured at all times by the defendant and any successor in interest. Said insurance shall include at a minimum coverage for fire,premises liability, demolition coverage in the event of total loss and tenant relocation. 7. This matter shall again be reviewed by the Court at hearing on September 8, 2006 at 9:00 a.m. and in the interim may be brought forward by the parties to resolve any issues that may arise upon forty eight(48) hours written notice to the opposing party and the Court. 8. In the event the defendant and any successors in interest shall fail, neglect or refuse to comply with the provisions of this order, on September 8, 2006 the City of Salem shall be given leave to seek to place a lien upon title to the premises and thereafter take the premises by court order for liquidation. As Ordered by the Court: Hon. Robert A. Coretta, June 5, 2006 Justice A TRUE COPY,_AT-EST: CLERK-MAGISTRATE /v� n OS 3 G CR V� e � S3 (o cf2 aDL \-f ( C A?l a -F S �.-c.e PA- G p r-Q f c. r Cf r- !/C C S r vti.t -t-pr- S h't S S r c.\ S' C. cp- :vim Ur (ci d /G C c�k cam. moo c Cc v� BimnO Dale: 1lntuo6 Peso 8 of 10 Telephone Number:315 731 2040 : 315 7312040 25 9 116 never amp aisraaug/oa J� - How How to u Reach Us:See page 2 Verizon Enterprise Solutions switched Outbound (continued) 4aa aloe Nan wvwan ems rare wN. 00e 1. 10/07 11:53am Granville NY 518 642-0604 Flat 5.9 0.41 2. 10!07 11:59am Granville NY 518642-0604 Flat 0.9 0.06 3. 10/10 3:07pm Braintree MA 781849-3232 Flat 5.4 0.38 4. 10/11 12:511"m Sustogwg NY. 518 581-9235 Flat 5.3 0.37 5. 10/11 1:32pm No Avlebo MA 508 695-2187 Flat 1.4 0.10 6. 10/11 3:12pm Wakafield MA 781246-5296 Flat 6.3 0.44 7. 10/11 3:32pm Quincy MA 617 687-0261 Flat 8.0 0.56 S. 10/12 2:43pm Biaghamtoa NY 607 779-2402 Flat 1.1 0.08 9. 10114 12:08pm Mooresvl NC 704 664-3419 Flat 0.3 0.02 10. 10/14 12:10pm Mooresvl NC 704 664-3419 Flat 0.7 0.05 11, 10/14 12:29pm Mooreml NC 704 664-3419 Flat 0.3 0.02 12. 10/14 3:17pm' Chadone NC 704 665-3419 Flat 5.2 0.36 . 13. 10/17 12:26pm Granville NY 518 642-0604 Flat 0.7 0.05 14. 10117 12:58pm Moomvl NC 704 664-3419 Flat 0.3 0.02 15. 10/17 1-'01 Flo Citations NC 704 665-3419 Flat 5.9 0.41 16. 10/17 4:45pm Chodatte NC ?04665-3419 Flat 2.2 0.15 17. 10/18 9:32am Charlotte NC 704 665-3419 Flat 1.0 0.07 18. 10/18 4:42pm Granville NY 518 642-0604 Fiat 0.7 0.05 19. /0/19 9:57am Charlotte NC 704 665-3419 Flat 3.3 0.23 20, 10/19 1025aau Charlotte NC 704 665-3419 Flat 2.0 0.14 21. 10/19 12:56pm Agawam MA 413 786-3530 Flat 6.7 0.47 22. 10/19 2:15pm Charlotte NC -704 665-3419 Flet 4.8 0.34 2 23. 10/19 2:32pm Chaco NC 704 665-3419 Flat 2.5 0.18 to 24. 10/19 2:52pm Charlotte NC 704 665-3419 Flat 2.5 0.18. 25. 10/20 11:20203 Lowell MA 978455-MI Flat 4.2 0.29' 26. 1020 11199M. Sehenetady NY 518 347-2661 Flat 4.2 0.29 27. 1020 11:4103+ Wtilbmham MA 413 599-0626 Flat 6.5 0.46 28. 1021 9:56am Evansville IN 812475-7427 Flat 1.0 0.07 29. 1021 11:56am Wakefield MA 781246-7654 Flat 0.3 0.02 30, 1021 11:58am Wakefield MA 781246-52% Plat 19.3 1.35 31. 10/21 12:28p03 Chadone NC 704 66S-3419 Flat 3.5 0.25 32. 10/21 121pm Chadoee NC 704665-3419 Flat 3.5 0.25 33. 1021 1:49pm Wakefield MA 781246.5296 Flat 5.5 0.39 34. 1021 1:561101Wakefield MA 781246.5296 Flat 0.3 0.09.6 35. 1021 298pm Wakefield MA 781246-52964 36. 1022 11:19am Lowell MA 978 455A991 �t 1.5 7 0.33 1:9 tr:13 (�V r l.lJ I t 38. 1024 3:08pm -Salem -MA 978 740-9846 - Flat 1.0 0.07 Evansville IN 812475-7427 Fla 1.0 0.07 � fi•4 40. 1024 5..06pm •va - 27 Flat 41, 24 6:17pm Chadotte NC 704 665-3419 Flat 2.2 0.15 10 Fla 0.6 0.04 42. 1025 3:1lp03 Mablebead MA 781639-Ml 43. 1025 3:13pm Mablehead MA 781639-0971 Fla O 4.4 0.31 44. 10/25 3:14pm Chadone NC 704"5-3419 NC 704 665-3419 Flat 0.6 0.04 45. 3025 4:Olpm Charlotte NC 704 665 3419 Piet 9.9 0.69 46. 102tte6 9:34am Charb0.0 0.70 47. 1026 10:20am Chadotte NC 704 665-3419 Flat 1( 8 0.70 48. 102b 11:06am Chadoae NC 704 665-3419 Flat 49. 1026 12:1 1pm .13 Chadone NC 704 665-3419 Plat 4_j 0. 4 50. 1026 12:16pm Citation NC 704665-3419 Fla 51. 1026 12:22pm Chalotte NC C4019 7865.3419 Fla-3500 Fla 20.6 0.04 52. 1026 2.00pm Agawam TIMOTHY KLOTZ 1701 Sherman Drive Utica, NY 13501 Post4r Fax Note 7671 Date riot October 24 , 2005 payer► To �"Oe L3P.oC.( � C°JDep Fhon Ph . S7— Joe Barbeam , F Asst . Building Inspector y7� 71/c' -`t Fax City of Salem Re : 31 -33 Salem Street Salem, MA As per our conversation of this afternoon , I fee.l that you are being incredibly unreasonable in fining me any money regarding the notification deadline of Friday, Noon . To begin with , I didn ' t get out of court until 2 :00 Thursday . I went to the building and started to make arrangements with the tenants . I phoned 3 different hotels in the Salem area and discovered that due to Halloween tourists , they were completely booked. Nothing would be available until after the first of November . I foubd one rooming house in Salem, I drove by and found it to be unsafe . It had only 2 rooms available . I checked on hotels on Route One , found one that could accotdodate two families and found a rooming house in Lynn that could accomodate. two families . In the meantime , my tenants were speaking with their family and frieds . Carmen Espinal , # 1R, is visiting family in Santo Domingo and won ' t be back for 3-4 weeks . Her brother signed the paper for her . A2R, Tiburicio family, decided to to to New York to stay with family . Three out of the remainign five tenants decided to stay with family in the area. The remaining two tenants did not give me their decision until approximately 5pm on Friday night , saying they would rather stay with family than relocate to Danvers or Lynn . To say the lease , this was a hectic 30 hours after leaving Court on Thursday afternoon . I helped tenants physically move some of their belongings to wherever thay had chosen to stay. My focus was taking care of my tenants and securing the building. I wasn ' t aware of this requirement to notify you that the tenants had moved out . In closing, this has been a very traumatic experience . 'I moved quickly, as required, and the tenants were all relocated by 5pm Friday, October 21 , 2005 . Please reconsider this fine and turn things around , because I fully intend , to work closely with you in getting this property back on line as quickly as possible . THANK YOU. -FcAvAn i " 06t 24 05 03:08p- Timothy Klotz 7312049 p.2 cra�- tv--Co-�S L w CAft, - 01 — . .,- =- MOTION TO THE COURT ` CASE DDCI�T Trial Court of Massachusetts ' AND AFnDAVrrll. DO TU District Court Department NAMEOFCASE - COURTDIVISION VS. Salem District Court PLAT I FI O MONWEALTH UEFENDA14T 65 Washington Street Salem, MA.01970 On behalf of the IXJ Plaintiff ❑ Commonwealth ❑ Defendant in this case,I respectfully request the Court: ❑ continuance::to continue this case which is presently scheduled for EVENT on ,until ,for the reasons given on the back of this form. DATE DATE ❑ Remove default:to order that the default,default order,or default judgment that was entered on 9 DATE be set aside,and that this case be restored to the court's calendar,for the reasons given on the back olis fo ❑ Remove dismissal:to order that the order for,or judgment of,dismissal that was entered on IF m E be set aside,and that this case be restored to the court's calendar,for the reasons given on the back of This forRt D m ❑ Speedy trial:to order that the complaints whose numbers are listed above be advanced for speedy trial,7$r theQ reasons given on the back of this form. ❑ New trial:to order that the court's judgment in this case dated DATE be vacated and a new trial ordered,for the reasons given on the back of this form. ❑ Revise or revoke sentence:to revise or revoke the sentence(s)imposed in this case on DATE for the reasons given on the back of this form. ❑ Amend orextend an abuse prevention order:to extend or amend the abuse prevention order under G.L.c.209A dated in the manner and for the reasons given on the back of this form. DATE ❑ Withdraw from representation:to be permitted to withdraw from further representation of the PARTY in this case for the reasons given on the back of this form. I have notified my client of this motion. Other:(Specify what you are asking the Court to do,and the reasons for your request,on the back of this form.) I have today ❑ mailed ❑ delivered a copy of this motion to all other parties to this case. Any statements of fact made in this motion are made under the penalties of perjury and ❑ of my own personal knowledge. based on information that I believe is true. DATE SIGNED SIGNED Q PRIM NAAPDRESS VDAYTIME TELEPHONE NO. �aSb°�'.E. $sesyw ,T. /zo h/,E.vti.•G>� .� �9-) if �, (s' rel�i"° 'pa�ftyzthat ' 'ey 'uida�i,�ther"''e".to "' irate:._ "nt: _ MNOt Ole ., RCLERK-MAGISTRATE'S USE ONLY This motion h;}sd�een led". tearing ► DATE OF HEARING TIME OFHEARING before the Ca i4• *;n t ' gond l ► . _ — Q`y 1 DATE SIGNED � ]`.• DE IG ' nppuuweTT���+ ct.EFSdfi,I ditFS USE ONLY ❑ After hearing ❑ Without a hearing this motion is ❑ Allowed. ❑ Denied. DATE JUSTICE DC-CR-18(2192) MOTION TO THE COURT cASEDOCKETNO' [ L/ Trial Court of Massachusetts AND AFFIDAVIT 00 7 District Court Department NAME OF CASE, COURT DIVISION . - �-LL/ Salem District Court PLAIT FIC MMONWEALT VS DEFEN NT 65 Washington Street / Salgm. MA.01 On behalf of the Lx Plaintiff ❑ Commonwealth ❑ Defendant in this case,I respectfully re F ❑ Continuance:to continue this case which is presently scheduled for EVENT on DATE , until DATE for the reasons given on the back of this form. ❑ Remove default:to order that the default,default order,or default judgment that was entered on DATE be set aside,and that this case be restored to the court's calendar,for the reasons given on the back of this form. ❑ Remove dismissal:to order that the order for,or judgment of,dismissal that was entered on — DATE be set aside,and that this case be restored to the court's calendar,for the reasons given on the•.bgk of ttrbform. � ❑ Speedy trial:to order that the complaints whose numbers are listed above be advanced for speedl�rial,Vi the reasons given on the back of this form. z 0 M N ❑ New trial:to order that the court's judgment in this case dated be 1IAKated and DATE a new trial ordered,for the reasons given on the back of this form. rn ❑ Revise or revoke sentence:to revise or revoke the sentence(s)imposed in this case on for the reasons given on the back of this form. NNE ❑ Amend orextend an abuse prevention order.,to extend or amend the abuse prevention order under G.L.c.209A dated DATE in the manner and for the reasons given on the back of this form. ❑ Withdraw from representation:to be permitted to withdraw from further representation of the PARTY in this case for the reasons given on the back of this form.I have notified my client of this motion. Other-(Specity what you are asking the Court to do,and the reasons for your request,on the back of this form.) I have today ❑ mailed ❑ delivered a copy of this motion to all other parties to this case. Any statements of fact made in this motion are made under the penalties of perjury and ❑ of my own personal knowledge. based on information that I believe is true. DATE SIGNEiL SIGNED J /O6 I Ir X PRINTNAME RESS V DAYTIME TELEPHONE NO. 7SfP// F. G�aeSewJ, .Zo dos w.rdre✓ �9�8) Tyr-9st'rJx A sgQ 9 tbi ristty "attogteyahobldsigl ran iCaass` nt ,� ``f .30- - . t � �"° 4(L1YT1ME�7ELlPHDNENQ O ERK-MAGISTRATE'S USE ONLY This motion has betsche ttthesf1i- ► DATE OF HEARING TIMEOFHEARING before the Court on#4*fat e. s _: DATE SIGNED SCI KIEV - �xx i 1`'...' n1\\ ' ` FOR JUD NLY ❑ After hearing ❑ Without a hearing this motion is ❑ Allowed. ❑ Denied. DATE JUSTICE DC-CR-18121921 Ar Mit'A I IUN t-UH AeFLIUAI ION NO. (COURT USE ONLY) PAGE r- C RIMINAL COMPLAINT Trial Court of Massachusetts of District Court Department ersigned complainant, request that a criminal complaint issue against the accused charging the listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: $alert District Court MISDEMEANOR(S),I request a hearing D WITHOUT NOTICE because of an imminent threat of Washington Street ILY INJURY D COMMISSION OF A CRIME D FLIGHT D WITH NOTICE to accused. Salem' NIA' 01970 OR MORE FELONIES,I request a hearing D WITHOUT NOTICE D WITH NOTICE to accused. D WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ARREST STATUS OF ACCUSED ❑ HAS k13 HAS NOT been arrested .NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER Ttil ' K / PCF NO.41 MARITAL STATUS DRIVERS LICENSE NO. STATE GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAV PHONE EMPLOYER,SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) I COMPLAINANT NAME,(FIRST MI LAST) 1. : COMP ADDRESS LAINANT TYPE `. ,� .�c. �F' � �•j i ;>l) / /� r, C D POLICE D CITIZEN,-D OTHER PD {` PLACE OF OFFENSE `` INCIDENT REPORT NO. OBTN ,A CITATION NO(S). OFFENSE CODE DESCRIPTION J OFFENSE DATE VARIALES(e g n�aname,cqn rolled subsyanee,(ypo and valve of property other vadable tufa ma We Complaint Language Manual) OFFENSE OODE `�•- DESCRIPTION ~ OFFENSE DATE VARIABLES OFFENSE CODE >- DESCRIPTION ! � OFFENSE DATE 3 VARIABLES REMARKS C PLTANTS SIG ATURE - ���/ DATE FILED COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION _ DATE OF HEAR G TIME OF HEARING ---> WILL BE HELD AT THE ABOVE COURT ADDRESS ON }6 / AT •�� �yy�L� COURT USE ONLY E i /'YIA.TDI AiAtAl1mfn 1�n.♦ CRIMINAL COMPLAINT 0536CR002240 Trial Court of Massachusetts x L DEFENDANT Salem District Court •' KLOTZ, TIMOTHY M 1701 SHERMAN DRIVE TO ANY JUSTICE OR CLERK-MAGISTRATE UTICA, NY 13501 OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 11/20/1954 M U xxx The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date and at INCIDENT REPORT# SOCIAL SECURITY# the location stated herein the defendant did commit the 107-44-9631 offense(s)listed below. DATE OF OFFENSE PLACE OF OFFENSE 05/19/2005 SALEM z COMPLAINANT POLICE DEPARTMENT ��0_� STPIERRE, THOMAS SALEM SM C,r./- Com/ DATE OF COMPLAINT RETURN DATE AND TIME S`°4',3°n, o I� O,o�F 07/08/2005 08/05/20059:OOAM ++sr�iVJUN'S COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on 05/19/2005 did FAIL TO REPAIR BUILDING VERY UNSAFE CONDITION,in violation of 780 CMR/103 of the City or Town of SALEM. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. Robert A. Cornetta ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X A APPLICATION EJ ADULT NUMBER Trial Court of Ma usetts FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST [$ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION . .~ The within named complainant requests that a complaint issue against the within named defendant,charging said defendant with the offense(s)listed below. Salem District Court DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street 10/2/97 7/23/97 1 31-33 Salem Street Salem, MA. 01970 NAME OF COMPLAINANT City Of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Maintenance Violation One Salem Green �. State of Massachusetts Salem, Mass, 01970 Building Code 780 CHR NAME,ADDRESS AND ZIP CODE OF DEFENDANT 2. Chapter 1, Article 103.1Maintenance Tim Rlot9.s P.O. Bog 1341 3. Marblehead, Mass, 01945 4. COURT USE A hearing upon this complaint application D T OFWAT TIME F HEARING COURT USE ONLY---* will be held at the above court address on ,�, COU ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM of NO. Owner of DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED property, Goods stolen,what - Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: The defendant is neglecting repairs to structure in violation of Massachusetts State Building C de, Chapter 1 of 780 CMR, 103.0 Maintenance. y- / X DEFENDANT IDENTIFSIGNATURE OF COMPLAINANTICATION INFORMATION — Complete data below if known DATEOF BIRTH PLACEOF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT .EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN( FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable n 0 rv�• a llvVLr F6R CCMPLAINT ElJUVENILE IS ❑ ARREST HEARING ❑ SUMMONS WARRANT COURT The within named complainant requests that a complaint issue a anst the within � ` named defendant, charging said defendant with the offense(s) listed below. DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 66 A:sbM 10/2/97 1 7/23/97 31-33 Sales Street Stdss. MA Ot9a0 NAME OF COMPLAINANT City of Sales Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT enanCis violation One Sales Green t. State of Massachusetts Salem. Mass. 01970 iug e 7 Cts 2. Chapter 1, Article 103.1 NAME,ADDRESS AND ZIP CODE OF DEFENDANT - Meintenance Tis Slotis P.O. Buz 1341 3. Marblehead, Kass. 019454. / y� COURT USE7 A hearing upon this complaint application DAT APING TIME OF HEARING COURT USE ONLY will be held at the above court address on f - //l T *--ONLY CASE PARTICULARS — BE SPECT IC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. i 1 2 3 4 OTHER REMARKS: The defendant is neglecting repairs to structure in violation of Massachusetts State Building Code, Chapter of 780 Clot, 103.0 Maintenance. X SIGNATURE OF COMPLAI DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT S HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME C C 3 z r D_ Z D Z N O O DC-CR2(3/88) APPLICATION ['T ADULT """ Ireal court of massacrtusens FOR COMPLAINT JUVENILE , District Court Dep............ 7 r ARREST _ HEARING J SUMMONS WARRANT COURT DIVISION The within named complainant requests that a con"olelni issue against the within &"M 081111111ft cow named defendant. charging said defendant with the oifense(s) listed below. asSalem - DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE wyem I11i® i� 8/6/96 5/96 31-33 Salem Street NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and ADDR SSA IP CODS OF COMPLAINANT 8 C use 6 State eCt On line a�lem Green Building Code 104.1 104.2 Salem, Mass. 01970 ppE g ppII Q� E� r� 2. NAME.4D 335SIIleM t. fealty Algrust 3151 Roberts Road 3. - Salisbury* Nass. 01952 a. COURT USE I A hearing upon this complaint applic 'on D rEOF ErawcEpF+EPRIrN,G COURT ONLY—f will be held at the above court address o AT i U c! f f—ONL o CASE PARTICULAR BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VAL ROPERTY TYPE OF CONTROLLED NO. Owner of property. Goods stolen.what _Over or un SUBSTANCE OR W EAP person assaulted,etc. destroyed.etc. $250. Marijuana.gun, 1 2 3 4 OTHER REMARKS: Failure to comply to Building Departments requests. X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACEOFBIRTH SOCIAL SECURITY NUM BER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME DC-CR2(3188) MOTION TO THE COURT CASE DOCKET ND. l �/ Trial Court of Massachusetts AND AFFIDAVIT �7 District Court Department NAME OF CASE _ - - COURT DIVISION - \ Salem District Court VS. I r� 65 Washington St PLAI1 T F/C MMONWEALT - DEFEN NT Salem, MA. 01970 ft On behalf of the Plaintiff ❑ Commonwealth El Defendant in this case, I respectfully request th pr. ❑ continuance:to continue this case which is presently scheduled for EVENT on DATE , until DATE ,for the reasons given on the back of this form. ❑ Remove default:to order that the default,default order,or default judgment that was entered on DATE be set aside,and that this case be restored to the court's calendar,for the reasons given on the back of this form. ❑ Remove dismissal:to order that the order for,or judgment of,dismissal that was entered on DATE be set aside, and that this case be restored to the court's calendar,for the reasons given on the,bA;k of this form. o- �7 ❑ Speedy trial:to order that the complaints whose numbers are listed above be advanced for speeVrial,Mhe reasons given on the back of this form. Z n ❑ New trial:to order that the court's judgment in this case dated N be vvaeated and DATE a new trial ordered,for the reasons given on the back of this form. N v ❑ Revise or revoke sentence:to revise or revoke the sentence(s)imposed in this case on .I E for the reasons given on the back of this form. _. ❑ Amend orextend an abuse prevention order:to extend or amend the abuse prevention order under G.L.c.209A dated in the manner and for the reasons given on the back of this form. DATE ❑ Withdraw from representation:to be permitted to withdraw from further representation of the PARTY in this case for the reasons given on the back of this form. I have notified my client of this motion. Other.,(Specify what you are asking the Court to do,and the reasons for your request,on the back of this form.) I have today ❑ mailed ❑ delivered a copy of this motion to all other parties to this case. Any statements of fact made in this motion are made under the penalties of perjury and ❑ of my own personal knowledge. based on information that I believe is true. DATE SIGN , SIGNED ///Z/O(o X PRINTNAME DRESS DAYTIME TELEPHONE NO. 7S�Pw �. f�.P,er3ewJ; /Zo vas�w.r6r�r sr. �998� 75'S-9�sa6 s:gr' ik#ybt t ror0eyahouid"s�gh telO1hdicate" " . � r O ERK-MAGISTRATE'S USE ONLY This motion hasbefgW*he a heatAl� ► DATE OF HEARING TIME OF HEARING before the Court onIhis)dat e. t DATE SIGNED ILXRK-MAGISTRATE ... ......... CF Fvv&&Araz� v FOR J U D9ETUW5NLY' ❑ After hearing ❑ Without a hearing this motion is ❑ Allowed. ❑ Denied. DATE JUSTICE DC-CR-18(2/92) ��"m ...+(ac_.«.s> leen.,. «„r �-..n,. ��e.m,—<�.,s. _ _•�.r..�.. _ .�... .�.-. .. .......i._.te � ....n..:+r.'. �a�w-.v+.n «Y4P exna�u4vry_ iyae�tle eo»��/.ryea� aro/��✓ of �j�Cre,.rE.vt- •.✓ Je./�„�, � �r�a.✓��. A�+a/ v - 1,.�. iT�,�-� �f /((,E� /,� S/� l.,��//J ��e. �- .,�/..� ,mss nu/�E,� _- ,�"1,.�*. 1 dle��8�.". .:�:� I` .Csd.RRd �.0 S�iQ�.t/ .4� iJ�.e'iG1�' �N�Z �`�"'8 td'"�� P / >Z L Jf. 8 ich>.J� >n/.fiPEcTD'� �i `MOTION TO THE'COURT ' '` cASEDOCICET °. ( '�\ "Trial'Court of Massachusetts ' AND AFFIDAVIT District Court Department NAME OF CASE - COURTDIVISION ` - �1 VS. Salem District Court PLAT I F/ OMMONWEALTH DEFENDA T - 66 Washington S ' Salem, MA. 0197;A' On behalf of the ISL Plaintiff ❑ Commonwealth ❑ Defendant in this case, I respectfully request t Mourt: ❑ continuance::to continue this case which is presently scheduled for EVENT on , until ,for the reasons given on the back of this form. DATE DATE ry ❑ Remove default:to order that the default,default order,or default judgment that was entered on DATE be set aside,and that this case be restored to the court's calendar,for the reasons given on the back ofois Torb ❑ Remove dismissal:to order that the order for,or judgment of,dismissal that was entered on - Rl E be set aside,and that this case be restored to the court's calendar,for the reasons given on the back ofihis for< ❑ Speedy trial:to order that the complaints whose numbers are listed above be advanced for speedy trial, r thea �e reasons given on the back of this form. vi ❑ New trial:to order that the court's judgment in this case dated DATE be vacated and ' a new trial ordered,for the reasons given on the back of this form. ❑ Revise or revoke sentence:to revise or revoke the sentence(s)imposed in this case on DATE for the reasons given on the back of this form. ❑ Amend or extend an abuse prevention order:to extend or amend the abuse prevention order under G.L.c.209A dated in the manner and for the reasons given on the back of this form. DATE ❑ -Withdraw from representation:to be permitted to withdraw from further representation of the PARTY in this case for the reasons given on the back of this form. I have notified my client of this motion. Other:(Specify what you are asking the Court to do,and the reasons for your request,on the back of this form.) 1 have today ❑ mailed ❑ delivered a copy of this motion to all other parties to this case. Any statements of fact made in this motion are made under the penalties of perjury and ❑ of my own personal knowledge. based on information that I believe is true. DATE SIGNED - SIGNED X PRINT NA RESS DAYTIME TELEPHONE NO. �a Tys- f /Zo h�,6V1i.rGe� .� itmdtion+sagi odt': Toth rt.,-, p9_rt '4*-attoniayshouktsigii`hese#oindfcate` nt ' •pA ti SiGNFrt s "•.• x:�", 'm " , . IDAYTIMETELEP NO. R CLERK-MAGISTRATE'S USE ONLY This motionhaF`�een ' led` fearing ► DATEOFHEARING TIME OF HEARING before theCob ®nt ' ndt ► P —CSO p`y l��Yl�1 DATE SIGNED ` LERK-NF $T DE IG ' I � lJ eejeef1eeenne�9���� cLEwdFi�� USE ONLY ❑ After hearing ❑ Without a hearing this motion is ❑ Allowed. ❑ Denied. DATE JUSTICE DC-CR-18121821 .. /_ 44 eeNe�'�yyL� dia�.v�io✓ eF ,Qe e�l� y �. �1 v,"Z/ r'+ t°,(�'I r.� . �t .--�k�r-r 7�' �.Lr✓,L,� !w-�A /�isY�iP� 1 d��D!!uG /,✓Slime cro,` i i APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts a CRIMINAL COMPLAINT f District Court Department I,the undersigned complainant,request that a criminal complaint issue against the accused charging the offense(s)listed below.If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem District Court shWaingiDlT ." F1 ONLY MISDEMEANOR(S),I request hearing ❑ WITHOUT NOTICE because of an imminent threat of fi5 65 Wa, fin Ot ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT ❑ WITH NOTICE to accused. �r+ ❑ONE OR MORE FELONIES,I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACC ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS "'O HAS NOT been arrested INFORMATION ABOUTD .NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER � q / /1�,� f � 'l 2 . r .'- " _ W— �i `Jr !"1 , ''/r Z PCF NO. MARITAL STATUS • ! rt r. 1 ( . DRIVERS LICENSE NO. STATE 62 / GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARSIMARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYERISCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) INFORMATIONCASE COMPLAINANT NAME(FIRST MI LAST) / COMPLAINANTTYPE pJ . t/ PD Q POLICE ❑ CITIZEN%f0 OTHER ADDRESS PLACE OF OFFENSE t INCIDENT REPORT NO. OBTN A CITATION NO(S). OFFENSE CODEDESCRIPTION 1 r. OFFENSE DATE / j r± VARIABLES(e.g.w2m/name, rolled wbs oe,We and va/ a of property.ether vanabla information-see Complaint Language Manual) ' 4 :"A� -"•'1..7 {5 /r., I( � r•. ;i1�/.F i r — OFFENSB:C,ODE ^'" •'� DESCRIPTION OFFENSE DATE . r y 2 VARIABLES "' Ca DATE OFFENSE CODE <— t DESCRIPTION OFFENSE 3 VARIABLES <+w REMARKS - ! C )PLLAAIII ANTS SIG A /7E// DATE FILED Ivy COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DATE OF HEARfAG TIME OF HEARING COURT USE ONLY WI LL BE HELD AT THE ABOVE COURT ADDRESS ON}6 / AT//,457 _t L_ E OCCA.2(08104) COMPLAINANT'S COPY CRIMINAL COMPLAINT 0536CR002240 ��.. Trial Court of Massachusetts DEFENDANT i Salem District Court � �:, ; KLOTZ, TIMOTHY M �� 1701 SHERMAN DRIVE UTICA, NY 13501 TO ANY JUSTICE OR CLERK-MAGISTRATE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 11/20/1954 M U XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth, on oath complains that on the date and at the location stated herein the defendant did commit the 107-44-9631 offense(s) listed below. DATE OF OFFENSE PLACE OF OFFENSE 05/19/2005 SALEM / COMPLAINANT POLICE DEPARTMENT STPIERRE, THOMAS SALEM R8M iC T � _ A DATE OF COMPLAINT RETURN DATE AND TIME c r 07/08/2005 108/05/20059:00 AM $UM1tq � PIS COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on 05/19/2005 did FAIL TO REPAIR BUILDING VERY UNSAFE CONDITION,in violation of 780 CMR/103 of the City or Town of SALEM. COUNT-OFFENSE COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 1 FIRST JUSTICE COURT Salem District Court Hon. Robert A. Cornetta ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X APPLICATION Ei ADULT NUMBER Trial Court of Ma usetts FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST C$ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within - named defendant, charging said defendant with the offense(s)listed below. Salem District Court DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street 10/2/97 7/23/97 31-33 Salem Street Salem, MA. 01970 NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Maintenance Violation One Salem Green State of Massachusetts Salem, Mass. 01970 Building Code 780 t3llt 2. Chapter 1, Article 103.1 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Maintenance Tim Rlot$s P.O. Boa 1341 3. Marblehead, Mass. 01945 4. COURT USE A hearing upon this complaint application D T OF AR TIME FHEARING COURT USE ONLY--o- will be held at the above court address on AT cf "O. f—ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana.gun,etc. 1 2 E43 OTHER REMARKS: The defendant is neglecting repairs to structure in violation of Massachusetts State Building Cde, Chapter 1 of 780 CMR, 103.0 Maintenance. SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACEOF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 1 COURT USE ONLY f DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable n O c APPLICATION [it ADULT NUM FOR CG PLAINT El JUVENILE %71�e M ❑ ARREST [Z HEARING ❑ SUMMONS WARRANT COUR The within named complainant requests that a complaint issue a a nst the within ., named defendant, charging said defendant witit the offense(s) listed below. Saba DATE OF APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE ' M,. 10/2/97 7/23/97 31-33 Salem Street Balm%MA.Ot970 NAME OF COMPLAINANT City of Sales Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Maintenance Violation One Salem Green t. State of Massachusetts Salem, Plass. 01970 Building a 780 CNB __-- _ _. _ - 2. Chapter 1s Article 103.1 C v NAME,ADDRESS AND ZIP CODE OF DEFENDANT - Maintenance Tin Blotis P.O. Boz 1341 3' Marblehead, Nass. 01943 COURT USE I A hearing upon this complaint application DATJ ARING / r TIMtEOFHEARING COURT USE ONLY will be held at the above court address on // f� *--ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: The defendant is neglecting repairs to structure in violation of Massachusetts State Building Code, Chapter • of 780 CNR, 103.0 Maintenance. X SIGNATURE OF COMPLAI DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT ETES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME O O 3 r D_ Z D Z --I O O DC-CR2(3188) i ADDENDUM TO YURCCHASB 76&VESALE AGREEMENTBAND CQpc TIMOTHY HLOTE ("SELLER") AND GEORGE BROWN, OR NOMINEE THEREOF, ("BITYER") DATED J- 10 2005 COVERING 31-33 SALEM S�REET, SALEM, MA. 1. In the event of a conflict between terms and provisions of aforesaid 1 &Sale Agreement and the Addendum herein,the terms and provisions of said Addendum shall control the Addendum herein is attached to said Agreement and made a part thereof. 2_ SELLER and BUYER hereby covenant and agree that: (i) BUYER shall comply in all respects with a certain agreement dated Ocb ber 20,2005 by and between SELLER and the City of Salem Building and Health Departments which sai I agreement stipulates, inter alfa,that the multi-family residential building,and the eight residential unit therein,located at 31-33 Salem Street, Salem, MA must pass inspection by the aforesaid municipal depart mts, and each said unit deemed in compliance with all applicable municipal and governmental requirement4 prior to issuance of municipal occupancy certificates; and (ii)All former legal tenants(excluding squatters, if any)of said building as�f October 20,2005 shall be given the right to reoccupy their former apartment(upon receipt of Occup certificate by BUYER)at the same monthly rent as of said date;provided,however,that if SELLER and BUYER are unable to contact and locate former tenants after documented reasonable expenditure of good faith efforts,then this provision shall be deemed null and void as to those former tenants, if any, either unab a to be found or,alternatively, unwilling to return to their former apartment. U :`1..� 1 U _:Vs 1'-), C iY� l= rtiC i Executed as a sealed instrument this 27' day of January. 2006. /i i Timo y Klotz U George brown i i i i 6 TL6066919L zze)l Raeg d90 :2T 90 ST gad ESCROW AGREEMENT �.et �O! The SELLER,Timothy Klotz and Buyer,George Brown,of re a property(mown and numbered as 31-33 Salem Street,Salem,Massachusetts hereby a to place the sum of seventeen thousand and five hundred($17,500.00)dollars lion i the proceeds of said sale in an escrow account. Said escrow is to be used to iDdemnif3 the Buyer against any claims and costs associated with existing tenants and tenant's figli a at said property. "Claims"as used herein,shall mean any rights asserted against the Bu rer or property including,but not limited to,tenancy issues,right to occupy,any damages claimed that arose from the tenancy at said property sod legal fees and costs kcum d by the Buyer as a result of said"claims". It is agreed that upon notice of a claim by said tenant that cause s the Buyer to incur,damages,costs or legal fees,the Buyer may make a claim agaim it said escrow funds to indemnify him against said damages,costs or fees. The esao w agent shall immediately disburse the funds sought from the escrow as soon as the nsent of both parties is obtained. The Seller agrees not to unressonably withhold hi consent to the disbursement. If at the conclusion of six(6)months from the date of this agm=ent any funds i remaining shall be disbursed to the Seller in full,unless there is notice of any pending claims then a reasonable portion shall be withheld by the escrow agent to indemnify the Buyer. Century 21 Hughes,319 Broadway,Lynn,Massachusetts shall act as escrow agent and shall hold said monies in a interest bearing account tmdl the parties agree as to how to distribute saic}escrowed fiords. i i Timothy Muz George B Dated: February 10,2006 i I I Z 'd TL6066918L z-4e>l R eg dS0 ZT 90 ST 9aj 113 CONTRACT TO PURCHASE Q ® NORTH SHORE ASSOCIATION OF REALTORS®,Inc. OPPO TUN TY NG REAU/O OPPORTUNEQUAL ITY T DATE: —( > From the office of: '� ! l- Presentedto: C.-,)/ ,Q1 /( tt i `— f it % 22"Y`'= r Listing Office--Listing Agent SELLER(S) Property Address 31- 4 ' 1 L 4 Ail :; T Townki nil State Approximate Lot Size l ''✓Z Book ' ? jzZ Page 3 r% Reg'tstrry of Deeds S SAY _ 1. WE HEREBY OFFER TO PAY FOR THE ABOVE-NOTED PROPERTY: (a) $ �- Cn:)of which (b) $--ter is paid herewith as a deposit to bind this Offer (c) $ / -r/!1 is to be paid as an additional deposit on or before / ,n , 20 (d) $ is to be paid at a time of delivery of the deed,by cash,certified or ank check (e) $ u_ Total Purchase Price All deposits shall be held in escrow by C'- �l fi(-/4 r-114' Sr /t: r,as escrow agent,to be duly accounted for at closing. 2. ACCEPTANCE TERMS: This Offer shall remain open until Q: A.Nlo- ) Z 2 .7 iI! 20,;��and may be accepted only by the SELLER(s) signing this document prior thereto wh`e£Noted, signifying acceptance of this Offer. Upon acceptance by SELLER(s) this shall become the contract between the parties; otherwise, this Offer shall be considered rejected, and any deposit paid in accordance herewith returned to BUYER(s). 3. AGENCY DISCLOSURE ACKNOWLEDGEMENT: The BUYER(s) and SELLER(s) acknowledge receipt of the notice required by Regulation 254 of the Code of Massachusetts Regulations, Section 2.05(15), regarding the relationship of the Broker(s) with the BUYER(s) and SELLER(s) of the property. 4. LEAD LAW ACKNOWLEDGEMENT AND INSPECTION: BUYER(s)acknowledge receipt of the `Massachusetts Department of Public Health Property Transfer Notification' regarding the Lead Law. This contract is contingent upon a risk assessment or inspection of the property for the presence of lead-based paint and/or lead-based paint hazards at the Buyer's expense until 9:00 P.M.on the tenth calendar day after Seller's acceptance. This contingency will terminate at the above predetermined deadline unless the Buyer(or Buyer's agent)delivers to the Seller (or Seller's agent) a written contract addendum listing the specific existing deficiencies and corrections needed,together with a copy of the inspection and/or risk assessment report. The Seller may, at the Seller's option, within five days after Delivery v of the addendum,elect in writing whether to correct the condition(s)prior to settlement. If the Seller will correct the condition, the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the Seller does not elect to make the repairs, or if the Seller makes a counter- offer, the Buyer shall have five days to respond to the counter-offer or remove this contingency and take the property in "as- is"condition or this contract shall become void. The Buyer may remove this contingency at any time without cause. 5. INSPECTION; BUYER(s)'ELECTION TO TERMINATE: This Contract is subject to the right of the BUYER(s)to obtain, at the BUYER(s)' sole cost, a home inspection of the premises by consultants(s) of the BUYER(s) own choosing within ten (10) days after the SELLER(s)' execution of this Contract or no later than /p L? );t c . If the BUYER(s) is not satisfied with the results of such inspection, this Contract may be terminated by the BUYER(s) at the BUYER(s) election, without legal or equitable recourse to any party, the parties thereby releasing each other from all liability under this Contract, and all deposits shall be returned to the BUYER(s). However, in order to elect to terminate, BUYER(s)must notify the SELLER(s) and Listing Broker(s) in writing,on or before the expiration of the ten(10)day inspection period,of BUYER(s)' intentions to so terminate; failure to so notify will bar the BUYER(s)from termination under this paragraph. In the event the BUYER(s) do not elect to have such inspection or to so terminate within ten (10) days, the SELLER(s) and the Broker(s) are hereby released from liability relating to defects in the premises which the BUYER(s)or BUYER(s)' consultants(s)could reasonably discover. Page 1 of 2 BUYERS'Initials BUYERS'Initials SELLERS'Initials SELLERS'Initials 6. FINANCING: This Contract is subject to the BUYER(s)obtaining a Conventional, VA, or FHA first mortgage commitment of $ 7ie? Tr - at prevailing interest rates, points and terms. If the BUYER(s) is unable to obtain the above-noted financing, after using diligent efforts to do so,which `diligent efforts' shall mean at least one application to an institutional lender made on or before 1-3 207426,-, then BUYER(s)may terminate this Contract by notifying the SELLER(s)and Listing Broker(s)in writing, on or before -?} 206;_,�,upon which notification all deposits shall be returned to the BUYER(s). Failure to so notify will bar the BUYER(s)from termination under t ' T paragraph. 0 e 7. CLOSING: A good and sufficient Deed, conyeying a good and clear record and marketable title shall be delivered,by the SELLER(s), on or before ! A.M:/P.M. ,,2 1 20, at the appropriate Registry of Deeds,unless some other time and place are mutually agreed-upon in writing. Time is of the essence of this Contract. 8. SPECIAL.PROVISIONS: _ ( Tom[ 7 j .Snf=i.( ;T�p (,'j//�7 i ni r� �� L.�.9•A2 .V f^ ��'.✓�(Ji�IC r 1 r� 1� /t ��J EJ)J'/�r(� -1'H ! 1 i/ [a�r/ �. �/ `/,f"i) J� f�Y-✓/' 7LrTL r �{ I ^ � Y -�`JZ 1 A4 S Y/_ 2 l/ l • l rr u (' 7_1A 5. / fir / s f' Lv12Jy e� - �. "xyz `.` _ f A /1 9. WARRANTIES &REPRESENTATIONS: The BUYER(s) acknowledges that he/she has not relied upon any warranties or representations not incorporated in this contract, except for the additional warranties and representations, if any, made by either the SELLER(s) or the Broker(s).If none,state"NONE". — A/L Vl� _ NOTICE: THIS IS A LEGAL DOCUMENT THAT CREATES BINDING OBLIGATIONS.IF NOT UNDERSTOOD, CONSULT AN ATTORNEY. BUYER: BUYER: %�ature Signature BUYER: BUYER: Print name Print name This Offer is hereby accepted at A.M./P.M.on 20 . SELLER: SELLER: ADDRESS: ADDRESS: This Offer is hereby acknowledged but reflected at A.M./P.M. ON 20 . SELLER: SELLER: Signature Signature SELLER: SELLER: Print name Print name All rights reserved.The use,distribution or reproduction of this form, in whole or in part, is permitted only by the express written consent of the North Shore Association of REALTORS®, Inc. ©N.S.A.R.4/91,10/96 Page 2 of 2 APPLICATION ADULT NUMBER Trial Court of Massachusetts FORCOMPLAIRT ❑ JUVENILE District Court Department ❑ ARREST HEARING ❑ SUIYI ❑ WARRANT COURT DIVISION The within named complainant requests that a coma ainst the within Mft flt t named defendant, charging said defendant with fense(s) I' DATE OF APPLICATION DATE OF OFFENSE CE OF OFFENSE 65 WA0* 8/6/96 5/96 31-33 Salem Street NAME OF COMPLAINANT City of Salem Build i Department NO. OFFENSE ( dSec ADDRESS Ayp ZIP CODA OF COMPLAIN Nr C USP_L S 8 e OII e a em GreenBuilding Code I .1 - 104.2 Salem, Mass. 01970 pI pp QF EFpN2. NAMF�ADDAES$air ZZIIP Et�E Ke81Cy Trust _.------ --3-._SS_.1__.._-----_._-_._..._—_ . 15 RobertG Road 3. "iAlslitiryllit Hass. 01952 a. COURT USE I A hearing upon this complaint appliC n D T OF E 1 G T EPO E RING / COURT E ONLY-1 will be held at the above court address AT 1 � `� 40140 CASE PARTICULAR BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VAL ROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or un SUBSTANCE OR WEAP person assaulted,etc. destroyed,etc. $250. Marijuana,gu 1 2 3 4 OTHER REMARKS: Failure to'comply to Building Departments requests. x SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME O O 3 'U Z D Z 1 O O v DC-CR2(3/88) FILE ave CQ r ct'� _ a 1q_J"' ._CL.%, �J _ j/,1Cic _._.._� �-C�O!.,�.K Q../-r, _ __�.l K� _-_�.�Iry T'�,S-7—CG•� . ..:5. fi�S�...�� . _.._.._... r J 1 . . .. l_rn rx.C..° i c V, _ ------------ ------ .---- . S , U s/v . �:+ �CX�h� .. Ic3B /�cc.�-ry-ME.�� c�.•�c1�1 ��Gc..� r!'� l_feC� t:;L-e-`. P�cc + . / / } _.. ._�. .� l Dt� n-. �cJ�i'4�` ti._$S_u..� _ au rr� - S�a..I.L�..✓vim -3,!7- 32- I t � lu-�:�� ATO �+ - h c� c. r S _._. S �'`a C /. _..✓.�_ ... - r p zrfr i �'..1...� J el..G!, ._.......... . -te ol -------------.... .. ........... k-uAc- c-k CA- -0 P cp c�- 3�j L /us pjic7T/z- BUILDING, ELECTRICITY AND PLUMBING REGULATIONS § 12-2 ARTICLE I. IN GENERAL upon reference to F.W. Dodge valuation • service or other recognized valuation man- Sec. 12-1. State building code adopted. ual [except] as herein established: For the purpose of regulating the construction, a. For new single-and two-family dwell- reconstruction, alteration, repair, demolition, re- ings the estimated cost shall be es- moval, inspection, classification and definition of tablished at$50.00 per square foot of any building or structure; the use and/or occu- floor area including attached ga- pancy of all buildings and structures and parts rages and habitable basements. The thereof; the establishment of fees as outlined in same formula shall be applied to this article; and the standards or requirements additions to existing buildings. For for materials to be used, that certain code known all other new construction, the esti- as the Commonwealth of Massachusetts State mated cost shall be established at Building Code, made by the authority of chapter $50.00 per square foot of floor area. 802 of the Acts of 1972 and as subsequently The same formula shall be applied to amended, being the whole thereof and except as additions to existing buildings. such additions are set forth in section 12-2, is b. The fee for demolitions or moving of adopted and incorporated as fully as if set out at a building or structure shall be at length in this section.A copy of such code is on file the rate of$2.00 per 100 square feet in the office of the city clerk. of gross area and there shall be a (Code 1973, § 7-1) minimum fee of$15.00. Sec. 12-2. Additions. C. A minimum fee of $20.00 shall be ® charged for all building permit ap- (a) The additions referred to in section 12-1 plications for siding and roofing.The are as set forth in this section. exact fee shall consist of a $5.00 (b) There are established provisions relating application fee plus $5.00 per to fees as follows: $1,000.00 or fraction thereof of the estimated construction cost. (1) Whoever applies for a building permit d. A fee of$10.00 shall be charged for shall pay at the time of filing his applica- the replacement of a lost permit. tion the fee established under this article of the Code of Ordinances of the City of e. A fee of$25.00 shall be charged for Salem.All fees shall be paid in cash or by research and correspondence rela- certified check payable to the City of Sa- tive to code compliance. A fee of lem. $30.00 plus $20.00 per trip to the archives shall be charged for corre- (2) For solid fuel burning appliance, a fee of $15.00 shall be charged.A minimum fee of real estate a substantiating existing $20.00 shall be charged for all building real estate use, nnditioor A fe and other related conditions. A fee of permit applications, including new con- struction, alterations, repairs, remodel- $20.00 shall be charged per trip to the archives. ing, and all swimming pool and sign con- struction. The exact fee shall consist of f. Plumbing permit fees shall be in • $6.00 per one thousand for residential (1 accordance with the following sched- or 2 family)and $10.00 per one thousand ule: for commercial and multifamily. 1. Residential: (3) The estimated construction costs shall be New construction, $50.00 five figured at current local average building ➢ fixtures,plus$5.00 per fix- costs as determined by the inspector of ture over five. buildings, but must be reasonably based Remodel kitchen or bath,$25.00. Supp.No.6 CD12:3 (Effective 7117178) to ed on a ski slope 3171N SKI AREA OPERATOR VIOLATION cl43§71N pe or trail,giving [DATE OF OFFENSE:],being a ski area operator:(1)when maintenance or snowmakingtequipment or n near the to being such rated within the vehicles while they were;bpe trail open to the public, did fail conspicuously to place or cause to be placed a notice at o. near the top of such s o2) trail open notice that such equipment was being so employed,and of the location and proximity of such equipment;or(2)did fail to mark d identify,and furnish with Flashing or rotating lights,all trail maintenance and emergency the Recreational Tramway Board,and on 71 P;or i area;or(3)did fail to mark the location of a hydrant used in snow-making operations and located within or upon a slope or trail;or(4 hod established in G.L.C.143, fail conspicuously to place within the ski area, in the form,size and location as required by e back of all tiff tickets to issue notice in plain tango ag ski ereastunder itslcolnlrol in a reasonabPy ordance with the rules and regulations sae condition or manner,in violation of i)did fail to maintain a sign system on all buildings,recreational tramways,ski trails and slopes in acc f such Board;or(6)did fail to maintain and operate (Effective 7117176) ..L.c.143,§71 N. (PENALTY from§71 R:not more than$200.) 43/710 SKIING ACCIDENT,LEAVE SCENE OF c143§710 personal identification or in the In [DATE OF OFFENSE:], having been knowingly involved in a skiing accident, and knowing hat (PENALTY:rnot less thason n$100.) rccident was in need of medical him elf or herself and obtaining n ng a sistancee nrornid depart romcv olafi on of G.Lcc.143,§hoot leaving 3therwise clearly identifying 143184 or regulation made CINEMA PROJECTOR VIOLATION c143§84 84. PENALTY:not less than$50,not more than$500.) on[DATE OF OFFENSE:]did[DESCRIPTION OF OFFENSE:],contrary to a provision of G.L.c.143,§72- 84 or a rule by the Commissioner of Public Safety,in violation of G.L.c.143,§ ulose acetate, 143187 SAFETY FILM,SELLIMARK FALSE c143§87 film,in violation on[DATE OF OFFENSE:]:(1)did sell or lease,or k nitrous nus expose ombi sanoot more than)2 years;or not lessbthan$1f 00,not mlore than$500; incombustible orr s7af PENH;or(2) id sta m orent of lesisrous or combustible film as cellulose acetate,incombustible or safety of G.L.c.143,§ ( (Effective 12117171) or both.) 143189 NITRATE MOTION PICTURE FILM c143pose §89 gg. PENALTY:not less than$50,not more than$500.) on[DATE OF OFFENSE:]did store,distribute for purposes of public exhibition,or publicly exhibit 35 millimeter or larger nitrate motion picture film,in violation of G.L.c.143,§ ( (Effective 12117171) 143191 BUILDING VIOLATION c143§91 1 90,in violation of G.L.c.143, to a sion of on[DATE OF OFFENSE:]did [DESCRIPTION Onottlless than$100,notmorethan)$1000.G.L.c.143,§ (Effective 12118164) §91.(PENALTY if no other penalty' prescribed 43194 STATE BUILDING CODE VIOLATION c143§94(a) not more than 1 year;or not more than$1000;or both.) LAST DATE OF OFFENSE:]did[DESCRIPTION OF OFFENSE:] beginning on[FIRST DATE OF OFFENSE:]and continuing through[ contrary to a provision of the State Building Code,other than a specialized code as described in G.L.c.143,§96,in violation of G.L.c.1 , §94(a).(PENALTY for each day of violation.imprisonment 146/33 BOILER INSPECTION VIOLATION c146§33 rovision of G.L.c.146,§5-§32 or the rules of the Board of on[DATE OF OFFENSE:]did[DESCRIPTION OF OFFENSE:],contrary to a p Boiler Rules,in violation of G.L.c.146,§33.(PENALTY:imprisonment not more than 6 months;or not less than$20,not more than$500; e or both.)'. 146141 COMPRESSED AIR TANK VIOLATION c146§41 34- 39 or a regulation made under 50;or 1. PENALTY:imprisonment not more than 1 month;or not more than$Effectibe110//29/71) on[DATE OF OFFENSE:]did[DESCRIPTION OF OFFENSE:],contrary to a provision of G.L.c.146,§ authority thereof,in violation of G.L.c.146,§4 UNINSPECTED c146§45A system,or appurtenance thereof:0) 146145A REFRIGERATIONIAC SYSTEM, had not been inspected within the prior year; G.L.c.146,§45A;or(2) on[DATE OF OFFENSE:]did operate or cause to be operated a refrigeration or air co in writing g t the Chief of the Division of Inpsection that had not been issued a certificate of inspection as provided for by 5A and had not been reported in writing or(3)that was not insured is described in the p and whose location ceased totmake it reported or had revoked or removed its certificate of the Department of Public Safety within the prior year;or(hathat was insured as described or of such Division as dangerous or as noncomplying x, to the Chief of such Division when the insurance company w Inspection;or(5)whose operation had been prohibited by a district engineering pro fvuith the rules and regulations of the Bogard of Boil YRoe less th3)contrary to a $20,not more than�300.)such a rule or regulation,not being excepted T b by law,in violation of G.L.c.146,§4 ( T (Effective 711192) rmit a derrick, cableway, machinery used for discharging cargoes, temporary elevator car use on k1461531A HOISTING MACHINERY,PERMIT UNLIC OPER OF c146§53&§54 on[DATE OF OFFENSE:] did pe 53 and machinery (PENALTY from§54A:imprisonment not �ezcavation work or for hoisting building material,when the moa person whotive power to operate such machinery was mechanical and other than steam, n violation of G.L.c. snore than 3 months;orid thave a valid not less than(icense$1000,t not morelthan$3000;or both.) § (Effective 711192) '* cargoes,temporary elevator car used on 1461531B HOISTING MACHINERY,IMPROP OPERATION in c1 used for discharging, y on[DATE OF OFFENSE:]:(1)did operate a derrick,cableway,machinery COMPLAINT LANGUAGE 247 TIMOTHY KLOTZ 1701 Sherman Drive Utica, NY 13501 Poet-IM Fax Note 7671 ome ' ► 0 ober 24 , 2005 TO 1Ce gGc Fr— ' °o Y'' 9Cr-.,✓l o9e�:3i s.��e,rl .5T i Barbeam, A t . Building Inspector C y of Salem R 31 -33 Salem Street Salem, MA A per our conversation of this afternoon, I feel that you a being incredibly unreasonable in fining me any money r arding the notification deadline of Friday, Noon. T begin with, I didn ' t get out of court until 2 :00 Thursday. I ent to the building and started to make arrangements with the . t ants . I phoned 3 different hotels in the Salem area and d covered that due to Halloween tourists , they were completely b ked -. Nothing would be available until after the first of N ember. I foubd one rooming house .in Salem, I drove by and f id it to be unsafe - It had only 2 rooms available . I pecked on hotels on Route One, found one that could accododate fternoon- t families and found a rooming hou&e in Lynn that could accomodate t families . In the meantime, my tenants were speaking with their f ily and frieds . Carmen l:spinal , $ IR, is visiting family in S Co Domingo and won' t be hack for 3-4 weeks . Her beether signed t paper for her . U2R, Tiburicio family, decided -[o roto N York to stay with family . Three out of the remainign five t ants decided to stay with family in the area• approximately t tenants did not give meg their decision until y with family 5 on Friday night , sa in the would rather stay t an relocate to Danvers or Lynn. To say the lease , this was a ctic 30 hbnra after leaving moveusome rt nOfhthei:ybelongings to helped tenants physically erever tbay had chosen to stay • ng focus was taking care of my tenants and gQyou'that hthe utenants wasn' t aware of this requirement to notify y d moved out . I moved atic experie closing, this has been a very antstrauWeee all relocated by Spm ickly , as' required, and the tenants m. iday, October 21 , 2005- Please reconsider this fineand yawtux-n because I fully mine as quicklywork oaslpossible - ittgs around, back on line as 9 getting this property - _ THANK YOU . r��U�9NT .Si�nJA, T�R C s X SUMMONS FOR WITNESS DOCKET NUMBER Essex District Attorney's Office 0536CROO2241 SESSION: CRIMINAL .NAME AND ADDRESS OF COURT DIVISION NAME,ADDRESS AND ZIP CODE OF DEFENDANT Salem District Court YOU MUST 65 Washington St. APPEAR AT Salem, MA 01970 THIS COURT TIMOTHY M.KI OTZ ADDRESS ON THE DATE AND NAME,ADDRESS AND ZIP CODE OF WITNESS TIME - SPECIFIED DATE AND TIME OF APPEARANCE HERE City Of Salem Public Property 06/02/2006 8:45AM Attn: Joseph Barbeau 120 Washington Street OFFENSE(S) Salem,MA 01970 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL NO CELL PHONES OR PAGERS ALLOWED I 1W TO ANY PERSON AUTHORIZED TO SERVE CRIMINAL PROCESS IN THE COMMONWEALTH: You are hereby commanded to forthwith serve the annexed summons upon the witness named within by delivering it to the witness personally, or by leaving it at the dwelling house or.usual Place of abode of the witness with some person of suitable age and discretion then residing therein, or by mailil'g it'to the last known address of the witness. NOTE:A summons for a witness may also be served by any person authorized to serve a summons in a civil action. See Rule 17(d)(1)of the Massachusetts Rules of Criminal Procedure. TO.THE ABOVE NAMED WITNESS: You are hereby ordered to appear in this Court on the appearance'date noted above to give evidence and testify on behalf of the Commonwealth in the matter described above, and to appear from time to time and day to day thereafter as ordered. You are further required to bring with you: 0 WARNINGTO WITNESS: Failure to appear in accordance with this summons may result in the issuance of a warrant for your arrest. PLEASE BRING TtiIS DOCUMENT WITH YOU TO COURT. ATENQION: Esta es una notificaci6h official de la torte. Si usted no sabe leer ina_les;obtenga traducc_i6n! District Attorney Date Issued WITNESS: Jonathan W. Blodgett 05/23/2006 I hereby certify that I served the within summons upon the above named Witness by ❑ Delivering a copy Of it personally to the witness. ❑ Leaving a copy of it at the dwelling house or usual place of abode of the witness with a person of suitable age and discretion residing therein. ❑ Mailing a copy of it to the last known address of the witness._„ ❑ I received the summons on but was unable to make service because: DATE RECEIVED 3. DATE OF SERVICE - SIGNATURE OF PERSON MAKING SERVICE- TITLE OF PERSON MAKING SERVICE