Cherry Street Court Documentation 2016 EQ ENTERPRISES, INC.
452 ESSEX ST
BEV REET ERLY, EXPLANATION
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APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE Trial Court of Massachusetts {
r CRIMINAL COMPLAINT __r I 1 _of District Court Department
I,the undersigned complainant, request that a criminal complaint issue against the accused charging the
Court
offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involver �tSt'3Ct
66 washirloon Street
❑ONLY MISDEMEANOR(S),I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Salern. AAA.0107€3
❑ BODILY INJURY L7 COMMISSION OF A CRIME ❑ FLIGHT O WITH NOTICE to accused.
❑ONE OR MORE FELONIES,I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused.
ARREST STATUS OF ACCUSED
❑WARRANT is requested because prosecutor rep'fesents that accused may not appear unless arrested. ❑ HAS ❑ HAS NOT been arrested
INFORMATION ABOUT
NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER
Ed QuillPCF NO. MARITAL STATUS
452 Essex ,Street: DRIVERS LICENSE NO. STATE
Reverly• rA 01915
GENDER HEIGHT WEIGHT EYES
HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY JDAY PHONE
EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST M!LAST) FATHER'S NAME(FIRST MI LAST)
CASE INFORMATION
COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD
Sra.l= Board of REaltb ❑ POLICE ❑ CITIZEN ❑ OTHER
ADDRESS 120 t.ashiagt on Street: 4t'h n4or PLACE OF OFFENSE
SAle i• H. 01970 INCIDENT REPORT NO. 70STN
CITATION NO(S).
OFFENSE CODE DESCRIPTION OFFENSE DATE
1 111/12.7/ A/B �/29/07
VARIABLES(e.g.victim name,controlled substance,type and value of property.other variable information,see Complaint Language Manual)
bb
OFFENSE CODE DESC i E DATE
Z VARIABLES
OFFENSE CODE DESCRIPTION OFFENSE DATE
VARIABLES
REMARKS COMP A INANrwsIG RE DATE FILED
C�
COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DATE OF HEARING TIME OF HEARING y COURT USE ONV
--—�3N WILL BE HELD AT THE ABOVE COURT ADDRESS ON E AT �•—
00CR-2(09/04) COWLAINANT'S COPY
y
CC:
David A Carnevale 20 Prince Street Beverly MA 01915
4
JAIL V jot
C•,�Y" t �ct9
BOtiHtJ OF HEALTH
Salem Board of Health
David Greenbalm
120 Washington Street
4th floor
Salem, MA 01970
Commonwealth of Massachusetts
Housing Court Department
Northeast Housing Court
Fenton Judicial Center
2 Appleton Street
Lawrence, MA 01840
(978)689-7833
Susan M Trippi Hon. Fairlie A Dalton
Clerk Magistrate First Justice
Re: Salem Board of Health Date: January 20, 2016
Vs: David A Carnevale Trustee of 12,14,16 Cherry St
No: 15H77CV000313
Notice of Review
The above case will be called for Review:
Date: 02/03/2016
Time: 09:00 AM
Courtroom: Salem Session
Session/ Location: Northeast Housing Court - Salem
J. Michael Ruane Judicial Center
56 Federal Street
Courtroom D, 4th floor
Salem, MA 01970
ti
Susan M Trippi
Clerk- Magistrate
#05
�G
COMMONWEALTH OF MASSACHUSETTS
NORTHEAST HOUSING COURT I�
51
Plaintiff
- v.- No. 1$--� V
Defendant
STIPULATION
The undersigned parties hereby stipulate and agree as follows :
;1A4Pr j.L. NV W_ Ak - PAj V.S ^I i3 es a Y 714M
Miffat1=4 -ft 41,LOV A4zC334 S Fa7Z 7-4R A 0?,S_--✓PVC *04-lAo r it W oT,CW,
3 type,/ C-002(40AC LA1, rj,=r &WAI-L- 1>1Sr 0.5 T1 LK 05.
The parties shall appear in court at 9: 00 a.m. on .J1�N!/� 20iv/� for
review of compliance with this agreement.
ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND
BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT
If questions arise, please consult the housing specialist
I UN! RSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE A
BUT' INSTEAD I CHOOSE TO SIGN THIS AGREEMENT
Signed and dated by Plaintiff Sligned and dated by Defendant
TV-0 sz�- :PRO 54's
Plaintiff' ttorney Defendant' Attorne
Housing Specialist Judge i
William W. McDermet
COPIES ( E (MAILED) TO PARTIES ON
COMMONWEALTH OF MASSACHUSETTS
NORTHEAST HOUSING COURT
1)L
SUMMONS
- v.-
No. Is 0 Va 1�
1 b C J N) sT S"ik^ 76
lch9v 1 o A. C n RACY i;NA LE, Defendant
To the above-named Defendant:
You are hereby summoned and required to serve upon plaintiffs a0awey,
7—At-, 03 c? )AnVA�,
whose address is IZo CA&J i— ENP-Oz—, SO kcon, rt,a4 0Vb0 ,
and upon, _
whose address is
your answer to the complaint which is herewith served upon you,within 20 days after service of this
summons upon you, exclusive of the day of service. If you fail to do so,judgment by default will be
taken against you for the relief demanded in the complaint.
You are also required to file your answer to the complaint in the office of the Clerk of this
Court, either before such service upon plaintiffs attorney or within a reasonable.time thereafter.
Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim
which you may have against the plaintiff which arises out of the transaction or occurrence that is the
subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any
other action.
Witness,Fairlie A. Dalton, Esq., at Lawrence, Massachusetts,this 10 day of
Susan M. Trippi, Cl k agistrate
PROOF OF SERVICE OF PROCESS
I hereby certify and return that on ,I served a copy of the within
summons,with a copy of the complaint and
in this action,upon the within named defendant,in the following manner:
MRCP Rule 4(d)(1)-(5):
Dated: __ _ _ Signed__
Process Server: Write the DATE you make service on the defendant,both on the original summons
and on the copy served.
NORTHEAST HOUSING COURT
2 Appleton Street
Lawrence, Massachusetts 01840
(978) 689-7833
VERIFIED COMPLAINT AND AFFIDAVIT
L64vi 13oAAC-1- di` 4 uji4 j7W)Q A, (AVLtit_-Vt LS, I dLys
Plaintiff ' s Name Defendant ' s Name
S3. Fr w_k� 2-0 Piz)-ai co, S` y—`7
Address Address
City Zip Code City Zip Code
Telephone Telephone
I state under the pains and penalties of perjury as follows:
Ti ��►, ri. � �"-YJ 1. ) Cv+ rats )a'S�fi- ��� ��
V%4)T Alt e:J of A
Therefore., I am asking the Court to:
Date Signed n er penalties of perjury
` CITY OF SALEM, MASSACHUSETTS
w
BOARD OF HEALTH
120 WASHINGTON STREET "H FLOOR PubHcHealth
f 4 Prevent.Promote.Protect.
TEL. (978)741-1800 FAX(978)745-0343
—--KIMBERLEY DRISCOLL lxamduisalem eom - - --- -
LjRRY RIMDIN,RS/RENS,CHO,CP-R
MAYOR HEALTH AGENT
October 5,2015
12, 14, 16 Cherry Street Salem Trust
C/o Ed Quill
452Essex Street
Beverly,MA 01915
VIA CERTIFIED MAIL: 7013 3020 00021522 7757
Dear Sir/Madam:
In accordance with Chapter 111,Sections 127A and 127E of the Massachusetts General Laws, 105 CMR
400.00;State Sanitary Code,Chapter 1:General Administrative Procedures and 105 CMR 410.00:State
Sanitary Code,Chapter 11:Minimum Standards of Fitness for Human Habitation,an inspection was
conducted of the property 14 Cherry Street#311permitted by occupant Alex Cruz conducted by David
Greenbaum,Senior Sanitarian on October 1,2015 @ I0:00a.m.
Notice:if this rental unit is occupied by a child or children under the age of 6 years,it is the property owner's
responsibility to notify tenants of lead related reports and tests,and to ensure that this unit complies fully
with 105 CMR 460:000: Regulations for Lead Poisoning Prevention and Control. For further information or
to request an inspection,contact the Salem Board of Health at 978-741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed
inspection report and to take all positive action to prevent these violations from occurring again in the future.
Failure on your part to comply within the time specified on the enclosed inspection report will result in a
complaint being sought against you in Trial Court. Time for compliance begins with receipt of this Order.
Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health.
A request for said hearing must be received in writing in the office of the Board of Health within 7 days of
receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness
and documentary evidence as to why this Order should be modified or withdrawn.You may be represented
by an attorney. Please also be informed that you have the right.to inspect and obtain copies of all relevant
inspection in investigation reports,orders and other documentary information in the possession of this
Board,and that any adverse party has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory
remedies available to them as outlined in the enclosed inspection report form.
For the Board of Health Reply to:
Larry Ramdin David Greenbaum
Health Agent Senior Sanitarian
cc: Tenant
CITY OF SALEM, MASSACHUSETTS 1P
BOARD OF HEM-1LTH
120 WASHINGTON STREET 4'"FLOOR PubUcH�ealth
n Prevent.Promote.Protect.
TEL. (978) 741-1800 FAx(978)745-0343
--—KIMBERLEY DRISCOLL lramdink sale-msom--- --- ------------------- -- ------
L,ARRY R,kMDIN,RS/REHS,CHO,CP4
MAYOR HEAj.,TH AGENT
State Sanitary Code, Chapter If : 105 CZAR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Alex Cruz Phone: 857-492-7113
Address: 14 Cherry Street Unit#: 3R Floor: Third
Salem, MA 01970
Owner: 12, 14, 16 Cherry Street Salem Trust Address: 452 Essex Street
C/o Ed Quill Beverly, MA 01915
Inspection Date: October 1, 2015 Time: 10:00 AM
Conducted By: David Greenbaum Accompanied By: Tenant
Specified Time Reg. #410. Violation(s)
Based upon a tenant complaint a permitted inspection was conducted in
accordance with Article II of the State Sanitary Code, 105 CMR 410.000. Upon
Inspection the following were noted:
24 Hours .550 1. There is a cock roach infestation in this unit. Owner must hire a
.750(0)(5) licensed pest control operator and exterminate as often as necessary to
abate the cock roach infestation.
3 Days .351 2. Both light fixtures in the living room are missing covers. Provide
protective covers on both light fixtures.
3 Days .351 3. The light fixture in the middle of the living room is falling off the ceiling.
Repair and re-secure the light fixture.
7 Days .200 4. There is only one heating element in the living room for the entire unit.
.750(B) Owner must provide heating facilities in all rooms of this unit in
accordance with the State Sanitary Code.
3 Days .551 5. There are many missing/damaged screens in his unit. Owner to install
screens from April 1 St through October 30th inclusive each year.
7-Days - 3"51".". _._ --- . _.__- _"-6----The-tub is-nsiss'rng the drain switch-and-mechanism.---Replace-the-drain -
switch and mechanism to allow the tub to fill and empty properly.
7 Days .500 7. The toilet and bathroom sink are loose and not secure to the floor and
wall. Re-secure the toilet and sink.
..7 Days 500 8. There is water damage and visible mold on the ceiling and walls of the
.750(K) tenant's room. Owner must investigate the source of the leak and
repair. Repair and repaint the areas of water damage on the walls and
ceiling.
24 Hours .482 9. There is a missing smoke detector in the tenant's bedroom. Replace
the_missing -smoke detector.- --------------
3 Days .351 10. There are exposed electric wires in the back hall. Properly cover and
secure au exposed wires.
24 Hours .254 11.There are no working light fixtures in the back hall. Owner must provide
working light fixtures to provide light in the back hall 24 hours a day.
One or more of the above violation may endanger or materially impair the health, safety and well-being of the
occupant(s)
Code Enforcement Inspector
Este es un document legal importante. Pu a ueYectb sus derechos. Puede adquiriruna traduccion de esta forma.
COMMONWEALTH OF MASSACHUSETTS
NORTHEAST HOUSING COURT
Plaintiff i 1
v. - No. 15 C V 3 t,
Defendant
MOTION WITH HEARING AT SALEM SESSION
The undersigned hereby moves this Court
[_) to continue this case until
(_] to amend
[ ] to dismiss this case
[_] to remove default or dismissal and for relief from judgment
and set the case for trial on _
[_] to stay execution until
[_] to issue execution
[_] to order payment of the judgment within [30 days] ( ]
Cam] other L- o)-ay `1-- ALL
V)G1��a'�'lo e.s C1�'S'C'� )� �ti'-, l r►f� S2� eis�'T p c� 0 61�]�►. ��
for the following reasons: S"44411n" Y la Lo►%l103
5i'1LL Gall SV OLI 1LI ('ASRgXJJ W'34t- ,
This motion will be heard by the Northeast Housing Court at
Courtroom D, J.M. Ruane Judicial Center, 56 Federal Street, Salem,
at 9 : 00 o' clock a.m. Wednesday, PI; Z 20 .
I (gave) (mailed) a copy of this motion on
to
iA--�
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_nature and_date-- - --
+�)V N O 66�•44VS QVrn
Name ,}
)'2.o-LI9S1) ) —
Address
6)-) P, -yj 1 pae,
Telephone
Cl T-1Y-. 3ALEM 1 1 1 r 1 1 'a
I.1 � 1•
1
riME CONTROL NO. 11 GI,'T�r"' OF S_�4.LE1Nr I,1 I 11.1• i 1
MONTH DAY YEAR '
. + 'MONTH DAY YEAR ! _ CONTROL HO-
LOCATION
_ LOCATION
-�� ��ass V},t1, .� r'7, �fi, ..tt��3 S� 's t s
NAME.OFOFFENDI�i a':.�' I;! �ly�+ °-'L•` i�„�.� ;ti+.i.� :,y t P °1't OAA&_ r�SMG ',.�: ..-.i '.,.;t9"•
NAME OF OFF .DFR
STATE ZIP --furl. :
AfxJRE53 STATE ZIP
I hereby acknowledge receipt of the foregoing citation
X I hereby acknowledge receipt of the foregoing citation
Date:
X Date:
.[`_]Unable-to obtain signature of offender [-,�°Date Mailed
[ ]Unable.to obtain signature of offender Date Mailed 'j7'
[]Posting Advertisements,Notices on City Property
SCO 4-2 []Pasting Advertisements,Notices on City Property
(]Illegal Signs (]Violation of State Building Code SCO 4-2
SCO 4-39 and 4-47 SCO 12-1 []Illegal Signs []Violation of State Building Code
[]Removal of Unsightly Conditions ( ]violation of BOCA Nat. Prev.Code SC0 4-39 and 447 SCO 12-1
SCO 12-56 SCO 20.111 []Removal of Unsightly Conditions []Violation of BOCANat.Fire Prev.-Code
[]Keeping of Trailers,Comm.and Rec.Vehicles,.etc. SCO 12-56 SCO 20111
SCO 24-21.1 []Keeping of Trailers,Comm.and Rec:Vehicles,etc.
Removal of Snowlloe from Sidewalks 4, SCO 24-21.1
SCO 38-13 and 38-14 []Removal of Snow/Ice from Sidewalks �'
[]Zoning Ordinance SCO 38-13 and 38-14
ZO§ — []Zoning Ordinance
IjPthecCitation: `041' :. LtC ,>, � . ' SZO.§ &, h (_,0
,r�` [.•)Other City on: —
Signature of Enforcing Person —
' Signature of Enforcing Pers,g.
Department
Amount of Fine: [ ]Warning [ ]$25.00 [ ]$50.00 Department
[ ]$100.00 jrg]�$200.00 [ ]$300.00 [ ]Other Amount of Fine: [ ]Warning ]$25.00 [ ]$50,00
r [ ]$100.00 [ ]$200.00 $300.00 [ ]Other
You have the following alternatives in this matter within 21 days of the date-of 1
this notice: You have the following alternatives In this matter within 21 days of the date of
[]choose to pay the fine within 21 days of the date of this notice. this notice:
Enclose a check or money order payable to the City of Salem and return it in this envelope []choose to pay the fine within 21 days of the date of this notice.
or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem, Enclose a check or money order payable to the City of Salem and return it in'this envelope
MA 01970.If delivering in hand,please note the hours of City Hall operation;Monday or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem,
through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and MA 01970.If delivering in hand,please note the hours of City Hall operation,;Monday
Friday from 8:00 a.m.to 12:00 p.m. through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and
[]choose to contest this matter within 21 days of the date of this notice and request-in writing Friday from 8:00 a.m.to 12:00 p.m.
a noncriminal hearing. [ ]choose to contest-this matter within 21 days of the date of this notice and request in Writing
Enclose a copy of this citation and mail it to the Clerk Magistrate;Salem District Court,65 a noncriminal hearing.
Washington Street,Salem,MA 01970.The Court will schedule a hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65
FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL Washington Street,Salem,MA 01970.The Court will schedule a hearing.
RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS.NOTICE WILL
COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY tlF RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL
SALEM PERMITS OR LICENSES YOU APPLY FOR OR THATYOU HAVE BEEN GRANTED, COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY.OF
INCLUDING BUILDING PERMITS. SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED,
City of Salem,City Clerk's.Office;93 Washington Street,Salem,MA 01970 INCLUDING BUILDING PERMITS.
(978)745-9595,ext.5610. City of Salem,City Clerk's Office,93 Washington Street;Salem,MA 01970
(978)745-9595,ext.5610.
SEE OTHER SIDE FOR FURTHER INSTRUCTIONS
-ENCLOSE PAYMENT INTHIS.ENVELOPE;PEEL AND SEAL. SEE OTHER SIDE FOR FURTHER.INSTRUCTIONS
i I ENCLOSE PAYMENT IN THIS ENVELOPE;PEEL AND SEAL.
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