E. Carolyn Mellen - Page 20




                                                - 20 -                                                  
                  Mr. Mellen was the general contractor for, and oversaw, the                           
            construction of petitioner’s residence during the 1980s.  Al-                               
            though petitioner and Mr. Mellen have been living in that resi-                             
            dence since 1987, as of the time of the trial in this case,                                 
            certain work on petitioner’s residence remained unfinished,                                 
            including completing the installation of gutters, certain                                   
            stuccowork, certain cement work, certain sheetrock work in the                              
            garage, and certain landscaping in the backyard.  The unfinished                            
            sheetrock work in the garage of petitioner’s residence has                                  
            prevented petitioner and Mr. Mellen from obtaining a certificate                            
            of occupancy for that residence.  Without such a certificate of                             
            occupancy, the local authorities will not approve petitioner’s                              
            residence for permanent, as opposed to temporary, power.                                    
                  Since at least March 1999, petitioner and Mr. Mellen have                             
            had certain maintenance problems with petitioner’s residence,                               
            including certain cracked ceramic tiles, certain leaky                                      
            plumbing,12 wood rot in certain windows, certain flooding and                               
            mildew problems in the basement, and a missing piece of flashing                            
            from the roof.  As of the time of the trial in this case, Mr.                               
            Mellen had fixed the leaky plumbing in petitioner’s residence,                              


                  11(...continued)                                                                      
            during 2001 when Jamie, Jessica, and Glen moved out of peti-                                
            tioner’s residence.                                                                         
                  12The leaky plumbing in question caused certain sheetrock to                          
            rot.                                                                                        





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