Pepperell mold house victim to testify against owner's bankruptcy

[Guest guest]

Article Last Updated: Friday, September 02, 2005 - 9:09:53 AM EST

http://www.pepperellfreepress.com/Stories/0,1413,109~5517~3037694,00.

html

Pepperell mold house victim to testify against owner's bankruptcy

By Don sson

PEPPERELL -- Mold house victim is getting her day in

court -- or at least some of it -- at U.S. Bankruptcy Court, New

Hampshire District, on Friday, Sept. 2 in a five-minute hearing

before Judge Mark W. Vaughn that might keep the former owner of her

mold-infested former 20A ee Road residence viable in her multi-

person lawsuit that includes him.

said she received notification from the court on Aug. 30 that

P. Burke, of Merrimack, N.H., from whom she bought the

property two and a half years ago, had sought the bankruptcy hearing

and had listed her as a creditor.

She said Burke had named all the people in her own lawsuit that

includes both Realtors and the home inspector involved in her

purchase of the ee Road duplex. She said he claims he could be

liable for as much a $3 million in damages.

Burke could not be reached for comment.

guessed she and/or her attorney, Doyle, of Steinberg

and Doyle of Boston, must make an appearance in the Manchester court

and said she is allowed five minutes before the judge.

" Bob [Doyle] will respond to the fraud issue, which might keep

[burke] in the suit, " she said. " If he goes bankrupt we can't touch

him.

" Are you supposed to be able to go bankrupt because of an

[impending] suit? " she asked.

became ill with multiple forms of asthma, she said. The family

left all their belongings in the house and destroyed both their cars

due to mold growth.

With help from volunteers in the community, , her husband,

, and their autistic son relocated to a Herget Drive

apartment. She and her husband lost their jobs, stopped paying their

mortgage and went bankrupt.

The es have sued Burke, both Realtors and the inspector

involved in their original purchase to recover the interest and fees

they amassed as well as their medical bills and damages for job loss

when they left their home. The case has been sent to Cambridge

Superior Court but has not yet been heard.

" The fact that we haven't had our day in court yet is beyond me, "

said. " We filed the suit in May or June 2003. "

In the meantime, the ee Road house was sold in April for

$136,500 after three failed auction attempts and after the mortgagor

had excused the es' $234,000 note and boarded the house up.

, now an unemployed mold activist, approached the Board

of Health (BOH) in late July to ask -- for a second time -- if the

duplex could be condemned.

The first time, the BOH indicated it was helpless because she no

longer owned the property. After the July meeting, in which

provided documentation concerning indoor air mold and biotoxins, the

BOH contacted the Building Department regarding the property.

In a letter to dated Aug. 22, the BOH wrote that the Building

Department has " heard from the current owner on possible demolition

of the house. "

Building inspector West told the press in August that his

focus is to ensure state law is followed in any future disposition

of the property.

said she had spoken with assistant building inspector Rudolph

Schultz who reiterated what West said and indicated the property

might be demolished in the proper manner.

" I'm not coming in here to be adversarial, " said she told

Schultz. " I'm coming in here to tell you what I know. I explained

Massachusetts goes by New York guidelines regarding mold. They [the

Building Department] seemed genuinely concerned. "

As for the bankruptcy hearing in New Hampshire, said, " The

moral issue speaks for itself I think. I can't believe after all

we've been through there's a potential for him to get away with this.

" The good news is Rick got a job, " she added, laughing and coughing

at the same time. " It's with the furniture refinishing company that

helped us empty our house. He had taken that up as a hobby. "