COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
_____________________________________________________________________
CONSOLIDATED
AMENDED NOTICE OF APPEAL
CIVIL
APPEAL NO._______________________
LOWER COURT
CIVIL ACTION DOCKET NO. 13H84SP002057
________________________________________________________________________
Phillip Ofume
Appellant
v.
Cynthia Hector and Allan Hector
Respondents
and
National Grid (A/C
# 52220-18340)
Respondent
NSTAR, Residential Electric Business
Respondent
Boston Water Commission
Respondent
______________________________________________________________________________
CONSOLIDATED
AMENDED NOTICE OF APPEAL
A.
RECORD AND PROCEDURAL HISTORY
Location of the Disputed Property: 41 Gallivan Boulevard 1st
Floor Dorchester MA 02124
Nature of Proceeding:
Summary Process
Nature
of Judgment: Summary Process Judgment
Names of Parties: Mr. Allan Hector & Mrs.
Cynthia Hectors -Landlords
Dr. Phillip Ofume - Tenant
Representatives
or Attorneys:
Dr.
Phillip C. Ofume & Associates for the Insured
Mr. Austin
S. O'Toole – Attorney for the Landlords
Date of
Entry: 5/20/2013
Date of Attempted Mediation: None
Date of First Appearance: 05/30/2013
Dates of Forced Hearing: 05/30/2013 &
06/07/2013
Date of Decision: 06/24/2013
Date Decision was served up on Insured
Plaintiff: 06/26/2013
Nature of Decision:
Landlords prevailed without merit
____________________________________________________________________________
Appellant, Dr. Phillip Ofume undersign hereby
amends his Notice of Appeal and requests consolidation of all the decisions or judgments of The Presiding Hon
Justice Marylou Muirhead thus, dismissing Appellant’s Complaint, Opposition,
Answer and Counterclaim and request that this Court reverse
or dismiss these final Decisions or Judgments because of the following reasons:
A. INTRODUCTION
Pursuant to M.R.C.P
42(a) consolidation is visible, “When
actions involving a common question of law or fact are pending before the
court, in the same county or different counties, it may order a joint hearing
or trial of any or all the matters in issue in the actions; it may order all
the actions consolidated; and it may make such orders concerning proceedings
therein as may tend to avoid unnecessary costs or delay.”
This dispute has arisen out from the multiple
rental and utility services misconducts and CMR code violations of the
landlords and other defendants. Appellant
and his children rented Respondents’ two bedroom apartment located at 41
Gallivan Boulevard 1st Floor Dorchester MA 02124. The two bedroom
which the landlord rented out to him and his family are invaded by molds and
lead and then Appellant has under 6-year old child. The apartment has other
several defects such as lack of heat and serviceable heating system, no
serviceable cooking stove; leakages from the windows and roof which dampened
the apartment, blocked bath sink, etc.
Appellant and the landlords signed yearly lease and the monthly rent is
$400.00 but the landlords forced the Appellant and his family to pay $750.00
per month with $350.00 over-payment and the landlords refunded the first
over-payment and refused to refund other over-payment. In July 2012 the
landlords disconnected Appellant’s hot
water and there is no heat in the apartment but by force because of eviction
threat Appellant pay utility with his rent to the landlords. Landlords received
advanced monthly double rents and utility payments and Appellant has paid
advance rents which if computed at $400.00 per month would extend to June 2014.
Effective July 2012 Appellant started pleading to the landlords to fix the
defects in his apartment but the landlords with large amount of advanced rents
refused to fix the defects in his apartment. Starting from August 2012 the
Plaintiff petitioned the defendants to Hon. Secretary of Energy, Boston Water
Commission, Federal Environmental Protection Agency (FEPA), Boston Public
Health Commission, City of Boston Inspectional Services Department (ISD), etc.
On April 4, 2013 Appellant filed complaint (attached) against the landlords.
Angrily after the Sheriff served Appellant’s Complaint on the landlords, in
retaliation on May 20, 2013 the landlords filed eviction complaint against
Appellant and his family. The landlords influenced the court below and the
clerks abandoned Appellant’s Complaint and accelerated the landlords’ Eviction
Complaint. Appellant’s petitions mentioned forced these agencies to
conduct inspection on April 11 2013 and
Appellant’s hot water was reconnected on April 16, 2013 and in retaliation the
landlords filed Eviction Complaints against the Appellant and his family on May
20, 2013 without exhausting the preliminary administrative remedy such as given
Appellant and his family 14-day Notice to Quit. In further retaliation, on June
5, 2013 the landlords and National Grid
conspired to re-disconnect Appellant’s and his family’s hot water
and gas and left this family with nothing and no rent and utility are
owing because on March 20, 2013 National
Grid received another large advance utility bill payment of $635.00. Appellant filed TRO to request National Grid
and the Landlords to reconnect his hot water and gas and Judge Muirhead saw the
Appellant’s TRO, several utility bill payments including the most recent one
which is $635.00 received by National Grid but Judge Muirhead refused to hear
his TRO and other motions. Second round of mistreatment, June 5, 2013-present
Appellant and his family have no hot water, gas, heat, safe apartment and the
landlords continue to give Appellant and his family negative references to
impede their chance to rent another apartment in order to fully render them
homeless. The double advanced rent which
Appellant paid to the landlords will expire in June 2014. Appellant alleges that the landlords joined
his political opponents in the United States to mistreat him and his family
because of Plaintiff’s bid for the President of Nigeria past and 2015. In the
United States to turnout a sound learned Judge it is inevitable for bench-elect
judges to have at least B in basic mathematics which may also include Algebra 1
& 2 because Judge Muirhead is not about to solve the general mathematics
such as “if a tenant pays $400.00 in rent
per month and within one year he paid $10,698.09. How many months
did this tenant pay.”
.
B.
` REASON APPEAL SH0ULD BE
ALLOWED
1. The
Presiding Hon Justice Marylou Muirhead flagrantly violated 5th and
14th Amendments to the Constitution and Bill of Rights of the United
States and also claimed demi-god power to do and undo without respect for any
laws of the Commonwealth of Massachusetts and United States of America. Appellant
filed Complaint against the landlords, Mr. Allan Hector and Mrs. Cynthia Hector
and Utility companies (National Grid, NSTAR, and Boston Water Commission) and
demanded for emergency hearing and Judge Muirhead refused to grant Appellant’s
hearing request. Additionally, Appellant filed Motion for Summary Judgment and
demanded for emergency hearing; Appellant filed Opposition to the Respondents’
Eviction Complaint which included Appellant’s Answer, and Counterclaim and
requested for hearing; etc Judge
Murihead did not grant all these hearing requests and secretly or
absentia Judge Muirhead dismissed Appellant’s complaints, motion for summary
judgment, opposition, answer and counterclaim to the landlords’ retaliatory
Eviction Complaint.
2.
Appellant is hated in the United States because of his tough bid for the
President of Nigeria past and 2015 and now he is a strong member of the merger
(All Progressive Congress – APC) which is talk about across Nigeria and world,
with over 168 countries in support of his political agenda in Nigeria and each
time this campaign is gathering storm as it is now, the government of the
United States uses its corrupt court, landlords/real estate companies,
departments of housing and community development (DHCD) to render Appellant and
his family homeless and the present eviction case is the 12th
no-fault eviction since 2009 and according to the whistleblowers in the United
States lawmaking body, this cruelty will continue until Dr. Ofume abandons his
bid for the President of Nigeria, support of civil rights struggle in the Niger
Delta Region of Nigeria and across Nigeria, support for Islamic Movement and
Religion, etc.
3. With the support of the
Judges, Clerks and Housing specialist of the Boston Housing Court and Sheriff, the landlords did not follow the preliminary
administrative rule which is service of a 14-day notice to quit on the tenant
or Dr. Ofume before going to this court to file eviction complaint. Dr.
Ofume raised this lack of exhausting this initial remedy before filing eviction
complaint but Judge Marylou Muirhead who is energized by external forces to evict Dr. Ofume overruled Dr. Ofume’s
17-page opposition, answer and counterclaim to the wealthy landlord’s Eviction Complaint. Judge Muirhead and
administrators failed, refused and neglected to reprimand the clerks of the
Court below for removing and destroying Appellant’s Proof of Service issued by
the Sheriffs, and several briefs which Appellant filed with the court
below. In support of this paragraph et
als , Appellant will rely on the tapes and transcripts of the proceedings on
may 30, 2013, June 7, 2013, etc.
4. May 30, 2013 was the first
appearance of the Appellant (Tenant) and the Respondents (Landlords)
before the Judge and the first Judge rejected the case because of the politics
surrounding it and Judge Marylou Muirhead to the case and instead of suggesting
mediation or adjourned the case for trial to enable the Appellant and
Respondent to prepared their witnesses and exhibits for trial, Judge Muirhead
for the case to proceed on trial and the major trial was conducted on May 30,
2013 and rap up trial or continuation of
the small part of the trial was deliberately adjourned for date on June 7, 2013
at 2.00 pm.
5. Immediately after the durable
trial and adjournment extended to about
5.00 p.m. and the Clerk’s office was closed and, Appellant decided to come on May 31, 2013 retrieve the
information on the cases file but after several assistant clerks were mobilized
to search for the case and unfound and the senior assistant clerk told
Appellant that Judge Muirhead was with the case file. May 31, 2013 through June
6, 2013 Appellant was continually told that Judge Muirhead was in possession of
the case file.
6. Judge Muirhead impounded the
case file because of the key exhibits and other evidence such as (a) original
and only document containing list, addresses and telephone of three key
witnesses; (b) Check of The Church of Jesus Christ of latter-day Saints
representing advance payment of the sum
amount of $$1,928.09 (EXHIBIT B in- appellant’s opposition and
counter-claim). Judge Muirhead who had indirectly answered majority of the
questions which Appellant asked the respondent, Ms. Cynthia Hector refused to
include $$1,928.09
and several other rent and utility payments which appellant made and received
by the respondents, purposed to find means of advancing win for the
respondents.
7. On
page 5 (para 2) of the final Judgment of Judge Muirhead contradicted her entire
judgment when Judge Muirhead wrote; “As
of April 11, 2013, the defendant was behind in his rent and had not himself
paid any rent since October 2012.” Judge Muirhead did not read any part
of Appellant’s submissions to the Court below because in
October 2012 Appellant paid Respondents, Mr. & Mrs. Hector the sum of $3,825.32 which is further advance payment
8. On May 30, 2013 over 150
cases were called and only Appellant’s
Eviction case was granted the opportunity to answer Yes or No to try
Mediation and Dispute Resolution between the Landlord and Tenant.
9. Based on the yearly lease
signed between the landlords and Dr. Ofume , the landlords compelled the Ofumes to pay double rent
each month and the rent amount which the landlords are owing Dr. Ofume extends
to June 2014if the check and cash payments are put together. Each time the landlords use threat of
eviction to force Dr. Ofume and his family to pay over 12 months advance rent
and because of the school of the kids and school disruption via eviction and
homelessness since August 2009, Dr.
Ofume continued to pay advance rents.
10. During the cross
examination the landlord agreed that she
signed the lease and the monthly rent is $400.00 for two inhabitable
rooms which are invaded by lead and chronic dampen molds (see the reports of
Board of Health and Department of health and human Service) but the landlords
claimed that the tenants deceived them to sign the lease.
11. Judge Muirhead did not simple arithmetic to find
out the total months $400.00 per month will be on the following payment:
June 13, 2012
..............................................................$400.00
July 1,
2012...................................................................$750.00
August 1,
2012...............................................................$750.00
Gas.................................................................................$53.09
TOTAL DUE: .................................................................$1, 928.09 (Check) EXHIBIT G
September 1,
2012...........................................................$750.00
October1,
2012.... .............................................................$750.00
November 1,
2012..............................................................$750.00 (cash
– rent)
Gas...................................................................................................$85.32
Electricity………………………………………………………………………………………$95.00
December 2012……………………………………………………………………………..$750 (cash –
rent)
January 2013…………………………………………………………………$645.00.32 ($600.00
rent & $45.32 Ut)
February 2013………………………………………………………………………………..$750.00
(cash rent)
March 2013…………………………………………………………………………………….$750.00
April 2013………………………………………………………………………………………..$750.00
TOTAL PAID:
......................................$3,825.32
(Check) EXHIBIT H TOTAL
PAID………………………………………….$2354.68 (Cash)
October 2012 ……………………………………………………………………………………..$300.00 (cash - water)
November
2012………………………………………………………..$350.00(cash – rent)
December 2012………………………………………………………..$750.00
(cash – rent)
January 213…………………………………………………………….$250.00
(cash – NSTAR)
February 2013…………………………………………………………..$40.00
(cash – nat. grid)
February
2013………………………………………………………….$750.00 (cash – rent)
March 2013………………………………………… …………………..$150.00
(cash –nat grid)
TOTAL CASH PAID: ………………………………………..$2590 +$2354.68 = $4944.68
TOTAL CHECK
PAID………………………………$3,825.32 + $1, 928.09 =
$5753.41
TOTAL CHECK
& CASH PAYMENTS: $10,698.09
./. $400.00 = 27Months
12. Judge Muirhead (white) has
extensive difficulties to believe what a Black person says and she admitted and entered judgment on what
the Black landlords said through a white attorney. This reason why Judge
Muirhead encountered overwhelming setback during the two days forced trial when
she over ruled all Appellant’s payment
and accepted the payment made by The Church of Jesus Christ of Latter-day
Saints and reluctantly accepted what a predominantly black church, The Fountain
of Grace Church paid ($750.00) which are computed as $3,825.32 + $1,
928.09 + $750 = $6503.41 ./. 400.00 =
16 months 2weeks. Mid-June 2012 through mid-June 2013 is 12
months and also the advance payments extend to September 2013.
13.
Appellant and his family are not owing the Respondents and under normal
judicial system Judgment, the landlords’ complaint ought to have been dismissed
because their Eviction Complaint is limited to arrear rent allegations.
14. Under Appellant’s
and his family’s imposed poor housing and 11 eviction and homelessness
the action of Judge Muirhead is more racist and corrupt and some of these
eviction and homelessness cases have been fought to The Supreme Court of the
United States but none of these eviction and homelessness lawsuits landlords
and utility companies enjoyed the following undue amnesty:
14.a. Landlords, National Grid,
and Water Commission disconnected hot water and cold water between July 1, 2012 through April 16, 2013
and the landlords and these companies were aware of the suffering of the
Appellant and his family;
14.b. Judge Muirhead overruled and refused to accept
several exhibits relating to Appellant’s complaints to the landlords Mr. &
Mrs. Hector and these utility companies
to fix the multiple defects in the two bedrooms which are not inhabitable.
These physical exhibits will be incorporated in support of this appeal.
14.c. the two bedrooms are
inhabitable apartment because one
bedroom is infected with lead and appellant has one under-six year child and
the second bedroom is infected with dampened and chronic mold. In support of
the white attorney and landlords used by Appellant’s political opponents and
Judge Muirhead rejected the inspections and reports conducted and written by
the
14.d. Judge Muirhead overruled and rejected the
August 2012 through February 2013 communications and complaints to The Hon. Commissioner/Secretary of Energy, Hon. Secretary of the Department
of Health and Human Services, Federal Environmental Protection Agency, City of
Boston Mayor and his agencies, World Health Organization (WHO), United States
Senate, President & Vice-President of the United States, NSTAR, National
Grid and Boston Water Commission and copies to the landlords and long oral and
written complaints and communications to the landlords, Mr. & Mrs. Hector
which started orally after June 13, 2012 and written after July 1, 2012 when
the landlords and utility company disconnected Appellant’s hot water and cold
water all on the taps transporting hot water, etc.
14. e. More shocking to Appellant and his family and the public is that Judge Muirhead blocked Appellant’s
rights to issue subpoena on his witnesses by conducting unwarranted emergency
trial and short adjournments and impounded the case file to prevent Appellant
from having access to the exhibits which Judge Muirhead impounded on May 30,
2012.
14. f.
Judge Muirhead over-ruled and rejected all exhibits and other evidences
relating to several defects in the disputed apartment such as apartment without
heat, serviceable cooking stove, hot water, with blocked bath sinks, broken
doors and windows, leaking roof and window all of which were cited by the Boston Public Health Commission (4/29/2013), City of
Boston Inspectional Services Department (ISD), Emergency Inspection
and Notice issued by the Housing Inspector through the Sheriffs to the
Rev. & Mrs. Hector because of the life threatening conditions in this
apartment, etc. (EXHIBITS I, J & K).
14.g. Following the inspections and report of the Boston
Public Health Commission (4/29/2013), City of Boston Inspectional Services
Department (ISD), Emergency
Inspection and Notice issued by
the Housing Inspector through the Sheriffs mentioned in sub-para 14.f. above on
April 16, 2013 the landlords and the Boston Water Commission and National Grid
reconnected Appellant’s hotwater. With flagrant disrespect of the court below
because of bribery and corruption, on June 5, 2013 less than two days to the
June 7, 2013 final trial before Judge Muirhead, horribly the landlords and the
Boston Water Commission and National Grid disconnected Appellant’s hot water,
and gas and returned Appellant and his
family to the past hardship. In March 2013 Appellant’s supporter ABCD, Inc.
paid another large additional utility bill ($635.00) to the National Grid in
addition to the large bill which Appellant and his church paid to the National
Grid.
15. Appellant selected Jury Trial and Judge Muirhead ignored
and did not mention and hear this application and his application was forced to
go through poor and ineffective proceedings in Mass which is bench trial.
C.
ISSUE
16. Whether The Presiding Hon Justice Marylou
Muirhead erred when she (Judge) proceeded to force down trial on the first day
of appearance of eviction case without asking landlord and tenant if they will
try mediation and conflict resolution when there is no emergency in this case
because Appellant and his family have paid the landlords advanced rents upto
June 2014 and as further stated above.
17.
Whether The Presiding Hon Justice
Muirhead erred when she ignored the power and importance of the 5th
and 14th Amendments to the Constitution and Bill of Rights of the
United States when she blocked Appellants’ opportunities to be heard as stated
in paragraph 1 above.
18.
Whether The Presiding Hon Justice Muirhead erred when she opposed the
inspectional service reports issued by the City of Boston Inspectional Services
Department (ISD), Emergency
Inspection and Notice issued by
the Housing Inspector through the Sheriffs of the Counties and their deputies
to the Rev. & Mrs. Hector and used lies told by the white attorney and his
clients, Mr. & Mrs. Hector to evict Appellant and his family made up of six
and two parents who are seniors without given them time to look for an
alternative apartment.
19.
Whether under the CMR and other laws cited by Appellant in his the
inhabitable conditions in the disputed apartment were not restated in the
reports of the Board of Health and Commission.
C. STATEMENT OF FACT
20.
On June 12, 2012 Appellant and
his family were politically rendered homeless by the Mass Dept. Housing and
Community Development and landlord, RST Investment Group, Inc. and 11th
homelessness rendered since 2009 because of negative references issued against
Appellant by these landlords in breach of the Summary Process Agreement signed
by the Judge of Southeastern Housing Court, Appellant and these landlord,
Appellant and his family were not able to rent apartment.
21. On June 13, 2012 The Fountain of Grace
Church, Canton, MA found 41 Gallivan Boulevard #1 Dorchester, Massachusetts
02124. The landlords , Rev. & Mrs.
Hector of this apartment are members of this church.
22. On June 12, 2012 Appellant and his family
have no place to live. This apartment
failed majority of the CMR fitness codes stated and cited in EXHIBITS D, E & F.of Appellant
Motion for Summary Judgment.
23. Boston Water Commission delivers water to
the disputed apartment; NSTAR delivers electricity to the apartment and National
Grid delivers gas to the apartment. I am suing these business firms because
they failed to respond to the following allegations:
23.a. Since July 1, 2012 Appellant’s hot water and
cold water on all the tap fields inside and outside the bathroom or shower, toilet, and kitchen
were disconnected and the landlords barricaded the only door to the utility
room or basement and Appellant and his family cannot view this harm to their
apartment, that would consume over $450.00 electricity bill per month.
23.b. Effective July 2012 Appellant’s heat was shut
down and disconnected and NSTAR and National Grid refused to make any
disclosure relating to this punitive action or mistreatment which also includes
over $450.00 electricity to the appellant and his family. They have no cottage
and other forms of manufacturing firm in the apartment.
23.c. The landlords use oral threat of eviction to
force Appellant to pay for cold/hot water, heat, gas, etc and severally this
money was included in his rental check
and cash issued to the landlords. Boston Water Commission, NSTAR, and
National Grid refused to make oral or written statement as to whether these
landlords have been paying them the money which appellant and his family have
been giving to these landlords, Mr. & Mrs. Hector.
23.c.
Negligent of the Boston Water Commission, NSTAR, and National Grid show
that they are political affiliates of the landlords to mistreat appellant and
his family.
24.
The landlords and appellant agreed that monthly rent will be $400.00 in
rent per month but after they moved in on June 13, 2012 the landlords increased
the rent to $750.00 for ONLY one serviceable bedroom now due the remediation
work done following the reports issued by the
Boston Public Health Commission (4/29/2013), City of Boston Inspectional
Services Department (ISD), Emergency
Inspection and Notice issued by
the Housing Inspector through the Sheriffs. The second bathroom is not
serviceable or used by Appellant and his family because of lead. Even the claimed serviceable bedroom is
not serviceable because of the molds which the Boston Public Health Commission rated as IAQ MOLD CHRONIC DAMPNESS (EXHIBITS D, E & F).
25. In
a plea to have roof over Appellant’s
head, on June 13, 2012 Appellant paid the landlords a full month rent
($400.00) instead of half month ($200.00) which should have been only $200.00 because the landlords told
Appellant that they will use the full month rent to remove the lead and mold
and fix other defects mentioned above. The landlords thought Appellant and his
family are rich. Thereafter, the landlords increased the rent about double
($750.00) the agreed amount ($400.00) under eviction threat.
26. In
July 2012 the landlords forcibly requested appellant and his family to pay one
year advance rent or quit. They were very shocked that the people who called
themselves Christians and reverend could exhibit this satanic conduct.
Appellant felt the shock that the 12th homelessness proceedings have
started gradually and appellant paid large amount in advance and in October
2012 –March 2013 appellant paid rents and utility in sum amount stated above
to the landlords and they refused to use the money to fix the defects.
27. The landlord and appellant signed a yearly
written lease for one year effective June 13, 2013 and the monthly rent has
been $400.00.
28. 41 Gallivan Boulevard #1 Dorchester,
Massachusetts 02124 is two small bedroom
apartment which failed CMR fitness rule and as victims which have no choice
because of the politically motivated homelessness which has remain in-force
over 11 times since 2009 they have no
choice.
29. Prior to move-in, the bathroom sink was
permanently blocked and for several months, appellant and his family spent over 15minutes each time digging
out the water from the bath into the
toilet before another members of their family could have space to bath. Appellant have
telephoned, in person and written the landlords to fix these defects but they
did nothing. Letters and other communications will be incorporated in support
of this appeal.
30. In July 2012 the landlords and Boston
Water Commission disconnected all the taps running hot water and cold water
as an indirect plan to request Appellant and his family to pay one year
rents or failure they (landlords) will use police to remove their properties and the entire family into the street.
31. In July 2012 appellant was forced to pay the defendants advance rent totally $1,928.09 (EXHIBIT B) to cover future rents and utility ( which the landlords
use) The rents were advanced for the
months of July 2012, August 2012 and September 2012 instead of July 2012,
August 2012 , September 2012, October 2012 and November 2012 at the rate of
$400.00 per month. Time to time, the
landlords requested Appellant to add utility bill in the rent check and cash
and that failure they will not accept the check. See EXHIBITS B, B.1. (appellant’s opposition to respondents’ eviction
complaint)
32. Under political power, thus after appellant paid this amount $1,928.09 (EXHIBIT B), the Landlords disconnected their hot water on July 1,
2012. They disconnected bath cold and hot water and all the hot water taps
inside appellant’s apartment.
33. The
landlords told appellant and his family that soon as they paid them this money $1,928.09 (EXHIBIT B) that they will
fix all the defects in appellant’s apartment such as lead, unserviceable stove,
mold, connect heat and fix other defects. By force, appellant paid all electricity,
cold/hot water, gas, etc. bills through the landlords and time to time payment
of rent and utility bills made in both cash and check and double each month
because of frequent eviction threats. Deceptively, the landlords claimed that
Appellant did not pay utility with the apartment rent and the Judge refused to
entertain the question on how cent ($1,928.09)
became part of $400.00 monthly rent which the landlords received by
check which the Landlords received and cashed.
34. In
September 2012, after the landlords spent the advance payment $1,928.09 (EXHIBIT B) which appellant paid to them, they said some people told them
that appellant and his family have been evicted for several times and that before they can
continue to allow them live in their
apartment, appellant must pay one year advance rent. All the defects mentioned
above have not been fixed to the limited extent that the Board of Health,
Inspectional Service issued multiple citations against the landlords on April 4,
2013, few days later, appellant’s hot water was reconnected on April 16, 2013 and
other defects remain unfixed. See EXHIBITS
D, E & F. (attached with appellant opposition to respondent’s eviction
complaint).
35. In July, August, September, October,
November, December 2012, January, February, March 2013 Plaintiff reported to
the Board of Health (Inspectional Services, Mayor’s Office, 2.1.1. hotline,
Federal Environmental Protection Agency,
and nothing was done to fix all the defects mentioned above to the
limited extent that on December 16, 2012 (see attachment) after a formal
Complaint was filed with the Honourable Commissioner of Energy, Electric
Company covered with National Grid Vehicle came to our apartment and the
landlords allowed them to investigate the heat system and after this
investigation the staff of the electric company told Appellant and his family
that the landlords, Rev & Mrs. Hector were responsible for the
unserviceable, hot water, heat system
and the electric company said that they have advised the landlords to
reconnect the heat system. Several oral
and written notices were sent to the landlords and they remain defiant to these
responsibilities.
36. In September 2012 as all the defects
mentioned above remain unattended and the appellant and his family continued to
suffer these ordeals again and again, heartlessly, Rev & Mrs. Hector told
appellant to pay one year rent before
they can fix the majority of the defects mentioned in paragraph 1-14 above or
they will use Police to remove their property into the street. Because this 12th
political homelessness since 2009 and the children are in their new schools
trying to adjust after several relocations, appellant and his family were
forced to make forced decision to have roof over their head.
37. Under this fear, appellant and his family
pleaded to pay advance of September 2012, October 2012, November 2012, December
2012, January 2013, February 2013, March 2013, and April 2013 but the appellant
paid them $3,825.32 in one single
bank check, EXHIBIT C to cover rents
of 10 months at the rate of $400.00 per month. The landlords refused to reconnect the hot water
and appellant and his family continued to boil water on the stove to enable
their children clean their body to go to school and other places. After these
landlords were taken oversea (October 2012) to enjoy one month free vacation,
they came back in November 2012 and they
had $3,825.32 on hand to spend
lavishly and when they came back and appellant told them to fix the multiple
defects in his apartment, they said, “ we
are not going to fix them and that we prefer to give the money to the court to
evict you”.
38. Since July 2012, we have been using bitter
cold water to wash dishes and do other household works.
39. They worked on the gas oven in December 2012
without oven and appellant and his family have to travel several miles to bake
some of their meals.
26. All the monies mentioned in paragraphs
1-25 above were not used to put the
apartment into livable or habitable conditions. Children and parents get
headache from mold and other bad living condition such as cold water, lack of
heat, lead, etc.
F. STATEMENT OF ARGUMENT
In the light of the undisputed material facts adequately
stated above, the Defendants cannot show proof
of any set of facts that could ever entitle respondents to rent out two
bedrooms apartment that are not habitable or with mold, lead and other defects
extensively cited as EXHIBITS G, H, I, J, K, etc
by the Boston Public Health Commission
and , City of Boston Inspectional Services Department (ISD) and the landlords received
$10,698.09 (TEN THOUSAND, SIX HUNDRED
AND NINETY EIGHT DOLLARS AND NINE CENTS)
payments for rents and utility by cash and check which extend to June
2014 and decide to request this Court to evict appellant and his family in
April 2013 without refunding all the rents and utility paid to them. The Yearly
Lease signed by the Landlords and appellant and the agreed monthly rent of
$400.00 are not in dispute. What is in dispute is minor and it is only the
amount received by the landlords from the Appellant and his family by cash and
check stated above which extend to June 2014 rent and part of the utility bill.
Pursuant to M.G. L. c. 239 c. section 2A;
c. 186 Section 18 the landlords are wrongfully attempting
in retaliation to my complaints.
The landlords
filed Eviction Complaint with this Court to evict the appellant and his family
and in retaliation against them because of EXHIBITS G, H, I, J, K, etc safety and
health under CMR reports of the Boston
Public Health Commission and , City of
Boston Inspectional Services Department (ISD).
Appellant’s complaint to fix the defects in his apartment, refusal to pay more advanced
rents and utility triggered defendants/landlords’ anger to file EVICTION COMPLAINT.
The Court and the landlords joined together to evict
appellant and his family. Appellant’s complaint, amended complaint and further
amended complaint were served on all the respondents by the Sheriffs and in May
2013 before another Judge of this Court only the Landlords denied part of the
services and this Judge ordered appellant to make further services of his
opposition to the landlords’ eviction complaint and his original complaint,
amended complaint and further amended complaint on the landlords and before the
date of the first mention (5/30/2013) of landlords’ eviction complaint,
appellant made all these services. See EXHIBITS
X & Y (cited in Appellant’s Motion for Summary Judgment).
On May 30, 2013 appellant observed and suffered further
injustice in this Court. Over 150 cases were called and only landlords’
Eviction Complaint was called without requesting landlords and defendant, Dr.
Phillip Ofume whether they will try mediation before the Housing Specialist.
This plot is set to create fast trial to render appellant and his family 12th
homelessness since August 2009 without reading his submissions to this Court.
Appellant has requested the Chief Judge of Mass and the AG to order transfer
and retrial of this eviction case. Also the landlords did not serve or give
appellant and his family a 14-day Notice to Quit before proceeding to this
Court to file Eviction Complaint. Under all these violations, the two Judges
did not dismiss the landlords’ Eviction Complaint.
Based on the operating CMR and other laws cited above,
Appellant’s defense entitles him and his family to possession and refund of
double of the money paid to the landlord since June 2012. Where this is raised as a counterclaim, this
entitles them to one to three times the rent or his actual damages whichever is
greater as the Court deems fit.
Pursuant
to M.G.L. c. 239 Section 8A; c. 93A and
the
implied warranty of habitability the landlord
failed to make the apartment habitable and
permitted
bad conditions to continue to exist.
Apellant
and his family paid several months
advance rents EXHIBITS S, T, U, and V, and other payments to enable the
landlords connect hot water, connect heat, removed dusty and dampen deadly
mold, remove lead then because our under
6-year old child, and several other structural defects. See the reports
of the Boston Public Health Commission (4/29/2013), City of Boston Inspectional
Services Department (ISD), Emergency
Inspection and Notice issued by
the Housing Inspector through the Sheriffs of the Counties and their deputies
to the Rev. & Mrs. Hector because of the life threatening conditions in our
apartment, etc. (EXHIBITS I, J & K)
compelled the landlords to reconnect the hot water but soon as the TRO to abate
harassment by banging the roof of appellant, the landlords mounted their anger
and on June 5, 2013 the landlords (blacks) gave over $300.00 to some Black
staff of the NATIONAL GRID who received the money beside appellant’s apartment
window and disconnected appellant’s hot water, and gas and shutdown appellant’s and family’s cooking stove/oven.
Appellant
and his family have claims which relief can be granted because of past and
present problems in or around their apartment that the landlords knew or should
have known about, including but not limited to the following :
“Before moving in to the apartment, the
landlords, Rev. & Mrs. Hector agreed
to connect hot water which they did on June 13, 2013 but on July 1, 2012 they
disconnected all the hot water and all cold water on the hot water taps across
our apartment and through April 2013 we
have suffered great pains in living in apartment so longtime without hotwater;
connect heat; removed dusty and dampen deadly mold; remove lead because of our
under 6-year old child time of move-in;
unblock bath sink which put us in addition pains and suffering because after
each bath from the water we boil from the camping gas cooker, we spend several
minutes to dig out the water into the toilet before another member of our
family can bath; unserviceable stove and oven to the extent that we travel long
distance to cook; after several months stove was fixed and the oven remain
unserviceable; and several structural
and other defects.
The
molds and lead were some of the worst nightmares in our apartment
because the molds make us sick and our children keep off several feet from the
location of the lead. The landlord received large sum of rents (EXHIBITS S, T, U, and V and other payments) covering over 10 months of advance rents but refused to fix
the defects in part cited in (EXHIBITS
D, E & F) but they refused to do anything because our political
opponent assured them that they are the commander-in-chief of the United
States.
The experience of living with six children
without heat and hot water is dreadful
and which no human being would pray to experience. Our first aid shelf is
stocked with cold, cough, fever, etc medications because of use of cold water
to wash hands and do other household works. Heartless rich man and woman of
God, allowed these mistreatments to persist to present time.
Very painful, unsafe and time/money wasting to cook meal for large
family of 8 people with small camping gas stove and travel long distance to
bake other foods on people’s oven.
The landlords refused to make our apartment
habitable, and we continued to suffer pains and hardship when we have paid several
months advance rents and paid the utilities.
My
family and I are also entitled to
damages for any other losses, injuries, or expenses resulting from bad
conditions in our apartment.”
The landlords are interfered with the quiet
enjoyment of our apartment.
M.G.L. 239 section 8A; c. 186 section 14 and
c.93A
The
landlords, Rev. & Mrs. Hector, in collaboration with the Boston Water
Commission, NSTAR and National Grid did the following:
“Before renting the disputed apartment to me
and my family, the landlords knew that bathroom was permanently blocked and for
several months Plaintiff and his family spent over 15minutes digging out the
water into the toilet before another members of the family will have space to
bath and remove the water to enable other members of the family to get a place
to bath.
The landlords received several months advance
rents (EXHIBITS G, H, and other
payments.) and after receiving this large amount of he promised to unblock the
bath sink but they did nothing.
The landlord knew that there are lead and mold in the apartment and also the landlord knew that we have an
under-six-year child and that the CMR bar landlords from renting this type of
apartment to the family with under-6 year child.
On June 13, the landlords told us that if we
can give them full month rent that he will call expert to remove the lead. On
June 13, 2012 we paid the landlords the sum of $400.00 instead of $200.00 half
month of June 2012. The landlord received this money and did nothing to remove
the lead.
Because of the safety of our under-six-year
child, on before July 1, 2012, several times we politely requested the landlord
to remove the lead and fix other defects
in our apartment. The landlords were infuriated and swiftly on July 1, 2012 the
landlords disconnected our hot water and cold water on all the taps connected
with the hot water.”
The landlords, NSTAR, Boston Water Commission
and National Grid interfered with the
quiet enjoyment of our apartment. M.G.L. 239 section 8A; c. 186 section 14 and
c.93A
The
landlords, Rev. & Mrs. Hector, Boston Water Commission, NSTAR and National
Grid did the following:
“In July 2012 they paid the defendants
advance rent totally $1,928.09 (EXHIBITS
T ) to cover some utilities which the defendants use and the rents were
advanced for the months of July 2012, August 2012 and September 2012 instead of
July, August, September, October, November & December 2012. The landlords
connived with the utility companies to force us to pay for the utilities which
they use.
In After Appellant and his family
paid this amount with the help of their church, the landlords connived
with Boston Water Commission, National Grid
and NSTAR to disconnect hot water, and cold water and disconnected the
entire hot/cold water of the bath and all the hot water inside and outside the
bathroom.
In September 2012, after the defendants spent
the advance payment which Plaintiff paid
to them without fixing the majority of the defects in our apartment, they said
some people told them that we are delinquent tenants because Appellant and his family have been
evicted several times and that before we can continue to live in their
apartment, we must pay one year advance rent. All the defects mentioned above
have not been fixed following receipt of EXHIBIT
T.
In
July, August, September, October, November, December 2012, January, February,
March 2013 I reported to the Board of
Health (Inspectional Services, Mayor’s Office, 2.1.1. hotline, Federal
Environmental Protection Agency, and
nothing was done to fix all the defects mentioned to the limited extent that on
December 16, 2012 (see attachment) after a formal Complaint was filed with the
Honourable Commissioner of Energy, Electric Company came and the landlords
allowed them to investigate the heat system and after this investigation the
staff of the electric company told Appellant and his family that the landlord,
Rev & Mrs. Hector are responsible for the unserviceable, hot water, heat system and the electric company said
that they have advised the landlords to fix the hot water, heat system. Several oral and
written notices were sent to the landlords and they remain unheeded since June
2012.
In July 2012 following the visits of some electricity
contracting firms and water commission to the electric company started sending to
Appellant the high electric bills (over $400.00 per month) which are suspected
to be the bills of the electric consumption of the tenants of the entire
building comprising of Nos. 41 & 43 Gallivan Boulevard Dorchester, MA
02124. How is this bill consumed whereas in Appellant’s apartment, stove, hot
water and heat are not working? Criminally, the landlord used nails, wood and
other materials to block the doors to the utilities room and basement to
prevent Appellant and his family from viewing the criminal and secret
activities going on in the utilities room and basement. A staff of the City of
Boston Inspectional Services Department Housing Inspection Division 1010 Massachusetts
Avenue Boston MA saw this enforced blockade on the utilities room and basement
and he said, “this is unlawful and can
not be done in the Commonwealth of Massachusetts” and took several photos on
the barricade and our apartment. EXHIBITS W,
In September 2012 as all the defects
mentioned above remain unattended and we continued to suffer these ordeals,
heartlessly, Rev & Mrs. Hector told me
to pay one year rent before they can fix the majority of the defects
mentioned above or they will use Police to remove our property into the street.
Because this 12th political homelessness since 2009 and the children
are in their new schools trying to adjust after several relocations, we were forced to make decision to have roof
over our head.
Under this fear, we pleaded to pay advance of
September 2012, October 2012, November 2012, December 2012, January 2013,
February 2013, March 2013, and April 2013. After this payment of the sum of $3,825.32 in one single bank check, EXHIBIT
U they refused to reconnect the hot water and we boiled water on the
stove to enable my children bath and go to school and other places.
Restating in argument that since July 2012, we
have been using bitter cold water to wash dishes and do other household works.
All the rents and utility payments mentioned
in paragraphs 1-31.g. above were not used to put the apartment into livable or
habitable conditions. Children and parents get headache from mold, cold water
and other bad living condition such as cold water, lack of heat, etc.
After December 16, 2012 the landlords turn on
the heat few times in a month when they observe that there are visitors in our
apartment in order to justify and defuse these cruelties.”
Pursuant
to M.G.L. c.186 sections 5, 14, 15(E), 19 the Tenants /Plaintiff’s and his
family’s rights were cruelly violated and because of these violations Plaintiff
and his family are qualified to recover all the rents paid to the landlords and
additional punitive and fault base awards.
The landlords, Rev. & Mrs. Hector did the
following:
“Under homelessness and sleeping in the
church worship building, on June 13, 2012 with money to rent apartment but no
apartment to rent we sought for any roof over our heads and we moved in 41
Gallivan Boulevard #1 Dorchester, Massachusetts 02124 with several defects
mentioned above and without landlord and tenant pre-move in inspection. Several
times, I requested for inspection in the apartment because of the fraudulent
claims of certain landlords against their tenants (Ofume v. RST Investment
Group, etc – Mass Supreme Judicial Court (2012), Ofume v. Nancy Vigorito, MBHP,
et als – The Supreme Court of the United State.
The landlords did not respect any tenancy
rules. Appellant and his family have been intimidated by these landlords who
are aware that they are vulnerable but have money to pay several months rents
in advance to have roof their head. They have never owned the Landlords and
they have been paying these landlords double rent in advance to enable them
remain under the roof. Appellant and his family have complied with all aspects
with the terms of the tenancy and the yearly lease.
The landlords knew that there was no
serviceable stove and oven and also knew that they have large family and that
they must cook their meals because it is unsafe to eat out with such large family. Several
months after they have suffered and wasted time and money on cooking with small
camping gas stove and baking out some of their meals, the stove and oven were fixed on
different periods and months apart.
The landlords knew that there were molds
across appellant’s apartment and after
the landlords forced them to pay over 10
months advance rents and that they will use the money to remediate the molds,
lead, etc the landlords did nothing to present time and each time these molds
and other conditions in our apartment make them sick.
The landlords knew that in disputed apartment there are only two
bedrooms and that one of the two bedroom is condemned because of the lead and
we (two parents and six children) are living in only one bedroom and paying
full and advance rent for two bedroom. On June 13, 2012 $400.00 was agreed per
month for this under-size two bedroom apartment.
The landlords forced appellant to be paying money to them without issuing
receipt to Appellant and each time appellant requests for payment receipt, they
threaten him with eviction. From time to time Appellant was compelled to obey
because of his children’s school and
because since 2009 the landlords have
changed several schools inside and outside Massachusetts. The landlords lobbied
the Bishop of the church to have several meetings with him without inviting
Appellant and his family to defend themselves and claimed that they issued some
of the payment receipts through this bishop whereas Appellant pay the landlords the money and the Bishop has not delivered
some of these receipts to the Appellant
and the Bishop told Appellant and his family that the landlords did not issue
any payment receipt to him. All the money Appellant paid to the landlords in
cash and check have not been receipted.
Pursuant to M.G. L. c. 239 c. section 2A; c.
186 Section 18 the landlords are further and further wrongfully attempting in retaliation to Plaintiff and his
family’s complaints.
The
landlords, Rev. & Mrs. Hector did the following:
“The landlords tried to trigger eviction each
time appellant request that defects in his apartment should be fixed and they
retaliate against him and his family by
requesting them to pay one year rent in advance and they step up oral demand on them and
continued to bang on Appellant’s door to demand immediate pay or they will call
Boston Police to forcibly evict us from the apartment.
The Landlords have used other retaliatory measures such
requesting Appellant to send utility bill and house rent in a single check and
when Appellant request them to give him receipt for such consolidated check or
payment by cash, they become infuriated and threatened Appellamt with eviction.
When I contacted the utility companies to know whether the Landlords paid the
our utility, national grid and nstar
told my family and I that the landlords
did not pay such bills.
Under this lease agreement the landlords pay
for water, garbage, removal of snow, sanitation, all repairs, etc. Because my family and I and our
church, The Church of Jesus Christ of Latter-day Saints were able to pay
several advance rents, they harassed and bullied us to take over water bill for
the entire unmetered building and I was forced to pay $300.00 in October 2012 and other water bills
without payment receipts. My family and
I did not fear because the landlord, Mr.
Allan Hector told me not to cast
doubts in July 2012 when the landlords
started their satanic conducts thus, shutdown hot water in a family with six
children and two adult parents, blocked the door to the utility room and
basement and converted their hot water,
heat, etc into personal use and allow me
to pay the bills, refused to unblock the sink of the bathroom and
allowed us to do hard labor of removing dirty water
after bath from the bath to the toilet to enable next family members take turn
to bath, refused to fix stove and allow
us to travel to distance place to cook
some meals, etc.etc. etc. (EXHIBITS G,H, )
This defense entitles my family and I to recovery of all rents paid and possession
and continuation of payment of rent if all the defects cited by the Boston
Inspectional Services are fixed to the extent even if the claim is presented as
an originating claim or counterclaim, it
also entitles my family and I to one to
three times the rent or their actual damages whichever is greater and deems
appropriate.”
Pursuant to M.G.L. c. 239 Section 8A; c. 93A and
the implied
warranty of habitability the landlords and other defendants further
failed to make the apartment habitable and
permitted bad
conditions to continue to exist.
The
landlords, NSTAR, National Grid and Boston water Commission did the following
(personal statement of the appellant and his family):
Appellant and his family have a claim because
of past and present problems in or around the disputed apartment that the
landlords and other defendants, NSTAR, National Grid and Boston Water Commission
knew or ought to have known about, including but not limited to the following:
Before moving in to the apartment, the
landlords agreed to work on the blocked plumbing system which blocked flow of
water from the bath to the drainage system, remove the mold, clean up the lead
because of the under 6-year old child, fix the doors and windows, connect hot
water, unblock the door to the utility room and basement, etc.
The landlord refused to make the Plaintiff’s
apartment habitable and the worst retaliation is the disconnection of the heat
and hot water, punitively to make habitation more and more toxic because
several months when the stove was not working we were using small camping gas
operated to boil hot water to enable their children and parents to bath and set
out to school. Defendants, NSTAR, National Grid and Boston Water Commission
knew about the hardship we have been facing and failed and neglected to advise
the landlord.
From
time to time, several children and adults were sick because of use of icy cold
water, molded apartment, lack of heat, etc.
During
initial payment for move in, the landlords told my family and I that they will put door to block the people
in the dining room and living room from seeing someone in the bedroom. They
also promised to put keys and locks on the bedroom to adjacent door which
Washroom because each time visitors want to open the washroom door they open
bedroom which has no locks or key. The same breach of privacy occur on the
second bedroom which is also adjacent to the washroom also without locks or
keys.
Our
claim entitles us to damages for the reduced value of our apartment, calculated as the difference
between: (a) the full market rental
value of our apartment in good condition, and (b) the reduced value of our apartment in bad condition. We are also entitled to damages for any other
losses, injuries, or expenses resulting from bad conditions”
The landlords, national grid, NSTAR, and
Boston Water Commission have grandiosely
interfered with the quiet enjoyment of our apartment. M.G.L. 239 section 8A; c. 186
section 14 and c.93A
The landlords, national grid, NSTAR, and
Boston Water Commission did the following – appellant and family personal
statement:
July 2012 – present, Landlords and the Boston
Water Commission conspired together to disconnect 100% of all the hot water
taps and allowed my family and I to
suffer for over 10 months we continued
to suffer without heat, hot water and lived in pains by using icy and bitter
cold water without humane sense of direction that this action is in breach of
the United States Constitution and Bill of Rights. Confidentially, the
landlords told me that soon as we moved into the disputed apartment Boston
Water Commission over billed the water consumption by 1000% above the previous
bill to cause brawl or conflict between blacks and because the Plaintiff, Dr.
Phillip C. Ofume is well known international expert in Anti-Racism, the
landlord gave Dr. Ofume several pages of the commission’s falsified and racist
bill and after research and investigation thus, swiftly Plaintiff filed
complaint against Boston Water Commission and others with the Hon. Commission
of Energy.
National grid, NSTAR, and landlords operated under secrecy to the
extent of blatantly refused to response to question as to reason why they have
drawn the winter fuel account of our account when hot water has not been
working since July 2012.
National grid, NSTAR, and landlords failed to render any account on
reason why they combined the bills of the entire occupants at 41 & 43
Gallivan Boulevard and billed us over $400.00/mo as if we are operating a
manufacturing company when one /two bulbs and one refrigerator are working with
electric supply.”
F. RELIEF
For
the foregoing reasons, the Appellant firmly request this Court to reverse the
final judgment (appealed) issued and served upon appellant today 6/26/2013 and reasoned as a matter of law and request that damages be assessed for $10,698.09 (TEN THOUSAND, SIX HUNDRED AND NINETY EIGHT DOLLARS AND
NINE CENTS) in accordance with the jurisdiction of this Court particularly the
strength of the claim and counterclaim below
and the statutory interest, and that the amount be trebled, plus court costs
and for such other relief as Court deems necessary and appropriate.
G. VERIFICATION
OF CONSOLIDATED AMENDED NOTICE OF APPEAL
I, Dr. Phillip Ofume, respectfully verified,
signed and submitted the foregoing documents under the pains and penalties of
perjury this 9th day of July
2013,
__________________
Phillip C. Ofume,
Ph.D.
41
Gallivan Boulevard 1st Floor
Dorchester, MA 02124
P. O. Box 2416
Lynn, MA 01903
Tel. 617-606-1753 & 857-258-3987
CERTIFICATE OF SERVICE
I, Dr. Phillip Ofume certify that a true copy of
the document (CONSOLIDATED AMENDED NOTICE OF APPEAL) was served up on
all parties by U.S. PVI Postal Service
first class mail or hand delivery on July 9, 2013 at:
Rev.
& Mrs. Cynthia & Allan Hector c/o Attorney O’Toole
41/43
Gallivan Boulevard #2 (2nd floor)
Dorchester,
MA 02124
Executive Director
National Grid (Legal Dept.)
220
Victory Road
Dorchester,
MA 02122
(617)
822-5400
|
Acting Executive Director – Mr. Henry F.
Vitale
Boston Water Commission-BWSC (Legal Dept.)
980 Harrison Ave.
Boston,
MA 02119
Executive Director
NSTAR (Legal Dept)
One NSTAR Way
Westwood, MA 020
__________________
Dr. Phillip Ofume
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