Maine Kennebec County AP-14-56 Greg Roy v Gina Turcotte

CAPITAL AREA HOUSING ASSOCl:ATION RESIDENTIAL LEASE- ;' ' ''}' '"

1.~ · PARriES ro THIS LEASE: The parties to this lease are: ·

LANDLORD AND AGEBT, IF ARYi:

Lalldliord Name: G·~~~~ a ~ a.e_s.U ... { Telephone#: ~lS-~Sl(K Adefress : .-. _ 3~~--c.:....:4=~~~~·~-Mpl-0--1l~d+Jt1i.-.G=-~~;::4=d:.lir..L :.· ~.;a.l!::· :..1.--m--a.-. -e-mail: _____ _

~n~·~Jo~' ~nu· e~<~------~---------0-~_3_4_s ____ .Telephone #: Ager115. Naine: Address :~- ·

-------------------------------------------~-e-mail :

f _; : :~ . -

~(s)':: All persons who will live in the residence .are tenants . All adult tenants must sign this lease. When more than one person signs this lease, each person ·.is jointly and · severally responsible to make all payments and perform all obligations required under this lease . Each tenant is responsible for the conduct of their minor children or others living with them and for the conduct of their invitees, guests and any permitted pets. Any default or breach by one tenant is a default or breach by all tenants . ·

Only the following persons will live in the residence:

Tenant #1: Current address : TeL #: ------------------------------------------------ -----~-----------

Tenant #2 : Current address: Tel. #:

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Others : ----------------------------------------------------------------------------------

No apartment sitting, boarders; 'roommates prior written consent of the landlord .

or other persons are permitted without

2. RESIDENCE LOCATION: The residence is a / . s}

] house [v') apartment # _l_ Floor:~ [ ] mobile home owned by landlord [ J condominium

It is located at ____.3L.· _7..---l.(_"',&L~·=~_;r__,1,____.i~-· ...:.·.,......!-J'--L-:v--'1>~~_.s~~--=--...Lfll_._.e..:_ .. ·:.......::;:IJ_l(!...,JL4..:...·~s ___ ., ___ --:-

3 . LENGTH OF LEASE:

A. Initial. Rental. Period. The landlord rents ·this residence to the tenant for _L_ · months beginning on the ·u... "d.. day of '3;, {) u~hl , 20·~ and ending on the ~ day of fe.b !J~ _ , 20f ~ at midnigh • Unless the landlord agrees in writing otherwise, ea:h · tenant remains responsible for all obl.:i,gations under , this lease, including payment of rent and any other charges in the event of ~arly termination, or abandonment of the residence , subject to the landlord's duty to mitigate losses . This lease terminates automatically on the rent day of the month following the death of the tenant, or if more than one tenant, the last surviving adult tenant listed in paragraph one .

-2-If the

the lease, party.

residence becomes; substantially or totally destroyed during the term of either party · may terminate the lease up.on written notice to the other .

ccl.lcuiat:tOn of first month .. rent proration: $ (monthly rent) x 12 months = $ _ divided by 3?5 d.ays = $ _____ rent per d.ay~

$ (rent. per day) x rent days 'in first month (number of~ days until the nex~ .-::.e.~t day) = $· -, ~ · prorata . rent due for first month~ - -~ ·

· - - B. · 'Eitended Stay.. If the tenant remains in the residence at the end of- the initial rental period~·w:Lthconsent:- Of the -landlord, and· haS'· ·not signeda new lease, ';t:lieri the ·.te~a,Il.~y ___ P.9Il.tinues · as~ . a. 11tenancy- at wilP· on a month' to month-· :basis of ilidefiriite .,,.dUration subject to· all the same terms and conditions of tliis lease, except . any terms in confifct wli.th State Law.' Either party may terminate .the tenancy at . :WilL<by · giving .. wr.ittel};' not.ice · of at least 30 days to the other party, or such shorter. notice. as 'permi ttedi-by this· lease, · or · state . law governing. a . tenancy at will.

· 4~ RENT PAmlmTs~.. .

A. Rent Amount. Rent is $ tj S'o , - per month payable in advance on the ....L\_s_}'_ day of that month to,_G~. c~~~-~--.-~R..3.' L.t0~~---------------------

B. Late Payment. . The tenant must pay a late payment penalty of 4% of the monthly rent if any r~t·i~ 15 days or more overdue. Notwithstanding the foregoing, it is a breach of the .lease and grounds for termination of. the tenancy if the rent is not paid in £ull·within 7 days of the due date.

c. Manner of Payment. If the landlord accepts payment for -rent or other charges by personal check andtenant 1 s check is dishonored for any reason, the tenant will pay the landlord the amount. of the check, plus a $25.00 service fee as additional rent within 48. hours after written or verbal demand, and the landlord may thereafter require all future payments be made by tenant other than by a personal check.

D. ' C1ean.i.nq and . ,tinn Charge.· . Tenant agrees to pay a one time non-refundable charge of $ · ' · for the cleaning and preparation of the residence prior to commencement of thi tenancy which is payable with the prorata rent for the first month of . the tenancy. This charge is not part of the security deposit.

E. Additional charges beyond monthly rent. (See also paragraph 6) -

5. SECURITY DEPOSIT:

A. Amount of Security Deposit. The tenant has two months 1 rent) with landlord as ' ·a Security performance of all obligations until tenant, has Security Deposit is in addition to rental paymelit9 month 1 s rent.

deposited $ {$,$0,_... (up to Deposit to be held to secure

moved from the residence. The and may nat be used as the last

B. Return of the SecuritY Deposit. After the tenant has moved from the residence and has returned possession to the landlord, the Security Deposit may be used by the landlord to rep~ir damage beyond normal wear and tear, for reimbursement of any unpaid rent or dther sums owed by the tenant,_ and the cost of storing and disposing of any unclaimed property. The landlord will return the Security Deposit to the tenant, or if there are deductions, the remaining balance along with a list of deductions within 30 days fr.om the date the tenant moves and returns possession of the residence to the landlord,· subject to the following:

1. if : there· is more deposit or any remaining lease ~ agreement; : and they themselves; .: - ·

.• ::._._, .I' • •" . • •

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than one tenant, the landlord may return the security portion to any one of the adult tenants that signed this ' will work out any division of the returned sum among

2. -~ the parties- agree " that:. ' the residence. should not need repainting or redecorating- __ within ·four · years ·.{or .two years for a smoking tenant under paragraph 7 (D l) from:::t;he:;jdate .:-_it· was• last painted· or redecorated, nor should carpeting or · other floor .. . cciver.ii:tg . need re-placement within . 10 years from the date it was ins.talled. If the· . ~: Landior&:.i\is:>; required"- to·_: repaint·: or . redeco;I:'ate the residence, or to replace ca:i:pettfioor±n:g:>>'pr.ior~ ' to: the· expiration, 6:E these time periods I the Tenant will be respons±blec .. for · a prorated ' share· of those• · costs. .

. 3 . ... the ... cost of-cleaning or ·repairs···wilFbe charged at a rate of $ ~0 . ...- per hour, or __ if ·greater:~: . the ·· actual cos.ts:. charged,· by a professional service provider. The tenant :' w±lL :be- charged at the lease: rental rate for the time that the residence is not _rentable pending· repair _of damage caused to the premises by the tenant, their guests, invitees or pets;

4. ·the residence must be returned to the· L_andlord in the same condition in which it was rented, normal wear and tear excepted. Prior to moving and surrendering possession of the residence.· to the landlord, the tenant agrees to clean the entire reSidence 1 including the range 1 exhaust fan, refrigeratOr 1 ClOSetS 1 WallS f WindOWS t cabinets and floors. All carpets must be free of dirt and odor and be clean. Refrigerators must be·defrosted~·turned off and the door left open. There may not be any scours, stains ·or unsightly holes in the walls or other surfaces, nor any indentations or scratches ;i:il the wood, tile, resilient flooring, doors or trim, nor damage. to . carpeting or other flooring. All burned out light bulbs must be replaced with the proper wa~tage, · smoke alarms must be in place, ~damaged with working

batteries, if any 1 and all debris and rubbish must be removed from the residence.

c. Rental Agency Fees. If the landlord paid a rental agent or agency to obtain at least one of the tenants subject of this lease, and if the tenancy is terminated before the end of the initial rental period {paragraph 3(A)) due to the tenants default or breach under this lease or abandonment of the tenancy, then the tenants agree to r~imburse the landlord for the entire fee paid. to the rental agent or agency.

6. ~ION OF SERVICES: Utilities and services will be paid/provided by the parties as follows:

Electricity Natural Gas Trash Removal

Yard Maintenance Snow Removal:

Driveway Plowing Walkway &·steps

Air Conditioning -Hot Water. Cold Water

Landlord

-:I_ ..

Tenailt _L

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Description

N/A -Rubbish pick-up day: at curbside Tenants must comply with local practices concerning recycling.

Water Softener/ Treatm~nt, filters supplies

Clothes Washer · & Dryer

Telephone -Cable Television

· Heating Oil

··. -· .:.:.! ... . · ... .

.... .. .

Municipal Sewerage . ~ .. ··'

Pri~ate Sel;rtic~SysteDL' • _.

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& rervice ~ If the tenant does not have a clothes washer or

· dryer at the beginning of the' lease term, but acquires on~ during the tenancy, then monthly rent' will increase -by$

·· ·The tenant must utilize the primary heating system·· for ·Jthe · residence unless · otherwise approved by the landlord.' If the tenant pays for. heating·oil; ·there are approximately: . gallons · ava±lable' at the beginning ;of the. tenancy, and~ the · same quantity mtist be left when· the · tenant ·- moves out.

.. ~,,:·r ,:::-.- T~~~ 1::s~~-:~: .( .. T : do~s [ / J" do~~- -~~~ - have a

private septi:c system. If the residence is served by a private septic system, it must be professionally pumped & serviced at tenant's expense as follows : (frequency) : The tenant is responsible for any cost of repair resulting from any misuse of the septic system during the tenancy.

Woodstove/wood furriace/fireplace This residence [ l does [ /1 does not have a woodstove/wood furnace/fireplace. Ifthe

f\ Other

residence has a fireplace or wood-buining appliance, the flues must be professionally .cleaned at tenant's ex:p~nse during each Fall season ~

0 -~l:l(j \\ ~ \~The tenant agrees to conserve water, heat and any other utilities provided by the 4Y ~ landlord and may not alter or tamper with any devise used to regu1ate or conserve

<;\t' g,f such utilities. As an example , . the tenant may not leave windows ope:n when heat is G~~ -provided to the residence . The tenant's failure to conserve such utilities after ~ receiving written 'notice und:er Paragraph 13 from .. the landlord is grounds for

termination of the lease and_;eviction of the tenant .

7., TENANT RESIDENTIAL RESPONSmiLIT__IES :

A. Regul.ar Maintenance: The tenant will keep the residence and appliances in a clean and sanitary condition. The tenant will deposit allc refuse, junk :and garbage in proper receptacles and dispose of it at least weekly .

B . Damage. The tenant agrees not to damage the residence, the building, the common areas, grounds or to interfere with the rights of other tenants to live in their ·· apartments -in peace and quiet. The tenant will be responsible for any negligent ·· or willful damage caused by the tenant, their invitees, guests or pets to the premises, or the· equipment and systems therein, including but not limited to plumbing, electrical:, appliances and fixtures. Such damage (other than normal wear and tear) shall be repaired by the tenant at the tenant•s expense . Upon the tenant's failure to make such repairs· after reasonable wri.tten notice, the landlord may make the repairs and the tenant shall be responsible to the landlord for their reasonable cost upon demand, and such costs shall be deemed to be additional "rent" urider this lease .

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C. Alterations. No alteration, addition or improvement to. the residence, building or · grounds shall be made by the tenant without the prior written consent by the · landlord. . This includes repainting of rooms, installation of an antenna or dish on . .. . the · building, and gardening. All alterations, additions or improvements made by the· tenant to the premises which cannot be removed without material injury when the tenant· moves· out ·shall be property of the landlord. T~e tenant may not use screws to hang;.tltirigs ,::on. the.-.·wal:ls. Small nails may be used only where existing nail holes are unavailable. . No:> holes- may be made .in any woodwork, trim, ceiling or floor.

_: . -·: '· :·. : ~-. _. ~: :::~ - ...

·· · : D'~ . Smoki.n~ Tenant [ j l may [ ] may not smoke inside this residence. If smoking•.' is. >not:, permitted· inside · the residence, the tenant is responsible to remove all;; · buttg,;;~: and debris from the grounds on a regu;Lar basis. If smoking is permitted

, within~;::;. the-.: residence,, the time for repainting of the residence is reduced from four years: to· two years·:; as_;, referred' to· in. paragraph 5-B (2) .

· · E. : · eoDunon: Areas/Fire:.Escapes. The,tenants, their invitees and guests must not .. . , . ·'· . . " . . .

~t:J~::an ·' 'Obstruction: of . any;-kind', nor' store personal property Of any kind in any hallways, fire .escapes or .other multi-use 'or common areas. The tenants may not have

· bare feet in any multi-use or common areas. Yard sales, porch sales and apartment sales are not permitted without prior written consent of the landlord.

·F. Tenant • s Insurance/Personal Property. The tenant is responsible for any fire, theft or other insurance upon Tenant's personal property. All personal property of the tenant must be removed from the residence at the end of the tenancy. Any personal property remaining in or around the residence 24 .hours after the tenant vacates will be deemed abandoned and subject to disposition according to law. The storage of any flammable fuels or other combustible, dangerous or hazardous materials in or around the preinises is strict.:yy prohibited. Waterbe<.ls. Waterbeds [ ] are [ / ] are not permitted. If a waterbed is permitted, the· tenant must maintain insurance naming the landlord as ·an insured to cover any damage from the use or failure of the waterbed.

G. Vehicles, Parking and use of outside water spigot. The maximum number of motor vehicles permitted at the premises for this residence is i . 1{lis

.· residence [ ] does not [ / ] does have assigned parking, as follows: ..:z:;. ... £O?.J.. ¢ !U\,i, ' ----:----::---___:_..,.._ __ Where applicable, the tenant, their guests and invitees must use · assigned parkirig only. Bicycles, scooters and children's playthings must be kept in assigned · areas. All persons must cooperate to facilitate snow removal. The grounds and parking · areas of the premises may not be used for'' storage of vehicles,nor for repairs or maintenance without prior written consent of the landlord. The- tenant may not keep any motorcycles, trailers, campers, boats or other recreational vehicles, nor any inoperable or unlicensed vehicles, on the premises without prior written consent of the landlord. Any such vehicles or things may be towed away at tenant's expense. If the premises has an outside water spigot, the tenant [ ] may not [ ) may use the spigot. If permitted, t;he tenant may use the spigot not more than once a week for the washing of tenant's own personal vehicle.

8. PETS: The tenant [ } ] . ( ] may not maintain pets in the residence. If the the llow' may l've in the residence: (description and name):

/

j · I

!

fL !: pets, includl.llg any offspring or replacement pets are not permitted without ..

first . obtaining landlord's written consent. ·. Permitted pets must be maintained and. i: controlled to avoid damage, odors, noise, and conduct objectionable to other residents of the building~ The tenant must promptly remove their pets' waste from the grounds. The tenant is strictly responsible for any damage, loss or injury to persons or property caused by their pets and agree to indemnify and hold the landlord harmless therefrom.

-6-9. REPAIR AND~= The landlord agrees ~ot to interfere with the tenant's quiet enjoyment and legal use of the residence and to make reasonable repairs to keep the residence• fit . to live in,~ unless the residence becomes unfit to live, in due to the misaonduct ' of the ·· tenant, their guests or invitees. The~ tenant must promptly notify: ·the ·:: land•lord of ap_y d~gerous cqndition, , or th«:.: need for repairs, and ,will guard agains,t · any loss: or r±sk to .the .. :tenant and others until the landlord. has had a re'asonable ·'Opportufiity ·to 'reme.l:}y · the''problem • .

. · ~ .

10. LARDOORD: ENTRY D1'l"''·m .· RESIDENCE: . In event of an emergency (such as a broken pipe,.. loss ' of ·heat ·or leak.in4' ceiling) , the. landlord~ his agent or. employees, may enter the '\residence 'i.riuned::i:ately: andt witb:oU:t·'prior notice·. · Except for emergencies,

· · entry will be , made, during\ reasonable hours; and< with . a 24- hour advance notice to examine ' 'the ' prEomiise~:~ : to ··inake' :'necess~ . repairs,., for ·maintenanc&. or to show the pr~ses' · to ·;prospecp:ve '~ ~~~ants' or: PUJ::~as.ers •.. ~,~ If .. ,the ,property is· listed for sale dw::fug ":' the, -tenancy,; :the tenant agrees: to:. ·keep the ... premises- available·: and presentable for showing ~with 24 ' hours~>advance . notice and. to otherwise cooperate with marketing of the property. . ·

... ~.~ <~ :~··:: .. :: ~. \} ll. ,su&RASING: · , The ' tenant may not assign this;: lease nor sublease any. portion · of

·the. residEmce 'wit:hout prior written consent of the landlord .

12;.. , LOCKS 'A111D KEYS: The tenant may not change or add locks without landlord's prior written consent, and when permitted, the landlord must be provided an original key to all locks within 48 hours. The. tenant may not lend keys to others and must return all keys and any copies to landlord upon moving out, or the tenant will be responsible for. the cost of replacing the locks.

~ 13. BREACH OF' LEASE: 'I"'enant's violation of any provision of this.agreement is a -! breach cif the lease,· and unless otherwise governed by this agreement the landlord may ~ serve the tenant with a written 7-day notice terminating the tenancy. At landlord • s

c sole · election, such notice may give the tenant the opportunity to cure the breach ~ within the 7-day notice period, and in such event the tenancy shall continue so long v as the breach is cured within the time provided. If, however, the notice does not ~provide for a~ opportunity to cure the breach, or if the breach is not cured within 't: the time provided by the notice, then the tenancy shall terminate at the end of the ~ 7-day per'iod. A waiver, ~y the landlord of any breach by the tenant does not ~ constitute a waiver of any provision of this agreement, nor of any subsequent breach

· of the same or other provision. ~ .Jl 14. INDEMNIFICATION/ATTORNEY'S EEES .,. ,AND COSTS: The tenant agrees to defend,

-::::> .indemnifl' and hoil.d :the· landlord harmless from any loss, damage, claim, demand, suit, judgment or other· liability, along with any related expenses or costs, aris,i.ng from any .injury or damage to persons or property resulting . from use of .the leased premises, common areas or grounds, including parking ar~as, by the tenant, their guests or invitees, unless .occasioned by the negligence of the landlord, its agents or employees. L

v. b\$T \be;"~~· If either party is in wanton disregard of the terms of the lease, and the other

party ~prevails~ in a contested hearing to enforce the terms of the lease, the prevailing party may recover their reasonable attorney ' s fees and costs from the other party.

15. BO'l'ICES. Any notices must be in writing and be delivered to the o1:her party as follows:

To the tenant: at the residence by personal delivery or by mail, effective on the date it is personally deliveredr or if mailed, two days after it ·is postmarked.

To the landlord: personal del'ivery or by mail to the landlord and where applicable, the authorized rental agent__.identified in paragraph one, effective on the date it is personally delivered, or if/mailed, two days after it is postmarked.

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16. SHOD DE".rECTORS: Tenant has verified that ' the smoke detector ( s) was tested and verified to be operable before moving in. The tenant agrees to maintain the smoke detector(s) in working condition, including replacement of any batteries until tenant moves from the residence. The tenant agrees to report any malfunctions to the landlord immediately. If tenant tampers with or disables any smoke detector or other safety devise, it ·is grounds fC)r texmination of the lease and eviction of the tenant.

17. MODIF:I~OH/SEVERABILITY: This agreement may not be modified except in writing signed by each of the parties. If any provision of ;this lease, or a portion thereof, conflicts. with State Law, ·then State Law will take precedence, but the rlaiilainder of such provision and this lease will remain in effect.

18. BliiLDIHG :RDLBS: If there are other rules concerning the tenant's conduct and responsibilities, they are attached and incorporated into this lease. Violation of the buil.d.ing rules by the tenant, their i.nvi tees or guests is a breach of the lease subject_ ·to paragraph 13. The landlord may make reasonable additions or changes to these rules upon reasonable advance written notice to the tenant. Any activity which is not expressly prohibited ·is not necessarily permitted and the tenant should inquire of the landlord or landlord's agent if an issue is not addressed by this lease· or the building rules.

19. PaE-EXISTDlG DEFECTS: The parties [ /1 did ] did not inspect the residence before signing this lease. If they did inspect the residence, the parties agree that the tenant is not responsible for the following defects that were present at the

beginning of the tenancy=------------------------------------------------------------

. .

~~ n~·;;~:±it~::t~;;Z::f~si;j3;~'i:!t~~tZ:~t~r:(ji\ ... s. 21. SI~: This lease agreement has been signed in duplicate with the tenant and landlord each retaining one· copy either o which may be considered an original.

(Date) (Tenant)

The disc:l:oSlli:e of information on Lead.:..Based Paint aDd/or Lead-Based Paint Hazards and an -~A Brochure on Bow to Protect Your Family Frcm Lead in Your Home- shall be C!B to t1u> t:eliant before this lease is signed.

GINA LYNN TURCOTTE 32 COURT STREET APT 1, AUGUSTA, MAINE

GREGORY ROY 389 COSTELLO ROAD GARDINER, MAINE 04345

August 8, 2014

RE: Rental Contract at 32 COURT STREET APT 1, AUGUSTA, MAINE

NOTICE OF FRAUD AND NONPAYMENT OF FUTURE RENT

Since you have not accepted service of my certified mail dated August 4, 2014, #70122210000053301324, I am sending this to you via first class postal mail.

YOU HAVE BEEN SERVED WITH MY LEGAL NOTICE OF CLAIM.

Therefore, I hereby suspend all future rent payments as partial remedy for your

fraud and demand final settlement from you before I institute formal legal action.

August 8, 2014 ~~ GINA LYNN TURCOTTE

NOTICE OF FRAUD AND NONPAYMENT OF RENT Page 1 of 1

GINA LYNN TURCOTTE 32 COURT STREET APT 1, AUGUSTA, MAINE

GREGORY ROY 389 COSTELLO ROAD GARDINER, MAINE 04345

August 4, 2014

RE: Rental Contract at 32 COURT STREET APT 1, AUGUSTA, MAINE

NOTICE OF FRAUD AND NONPAYMENT OF FUTURE RENT

49 Am. Jur. 2d, Part 2 Landlord and Tenant, §35,

« ... a lessee who after the lease has been partly executed discovers fraud practiced

by the lessor in the letting may retain possession and continue with the lease and also

maintain an action for damages for the fraud or enforce an allowance defensively. The

lessee is not restricted to an avoidance of the lease or to an action instituted by the

lessee, but may be entitled to have a reduction of the rent to the extent of his or her

injury through the fraud ... "

49 Am. Jur. 2d, Part 2 Landlord and Tenant, §36

'The concealment of facts known to the lessor and unknown and not obvious to the

lessee and which serious}y impair the value of the lease may constitute fraud on the

part of the lessor."

Buttnick v Clothier, 43 Wash 2d 667, 263 P2d 266

«A lessor's fraud in failing to tell a lessee of the restricted purposes for which the

building could be used entitled the lessee to maintain an action for damages

notwithstanding his affi1mation of the lease."

Therefore, I hereby suspend all future rent payments as partial remedy for your

fraud and demand final settlement from you before I institute formal legal action.

A~cli._Vtmd?ta August 4, 2014 GINA LYNN TURCOTTE

NOTICE OF FRAUD AND NONPAYMENT OF RENT Page 1 of 1

;

GINA LYNN TURCOTTE 32 COURT STREET APT 1, AUGUSTA, MAINE

GREGORY ROY 389 COSTELLO ROAD GARDINER, MAINE 04345

August 4, 2014

RE: Rental Contract at 32 COURT STREET APT 1, AUGUSTA, MAINE

NOTICE OF CLAIM AND DEMAND FOR SETTLEMENT

Under the provisions of the Maine Unfair Trade Practices Act, 5 MRSA §213,

I hereby make written demand for relief as outlined in that statute.

I believe your actions in this matter violate the Maine Unfair Trade Practices

Act, 5 MRSA §207.

Your fraudulent, unfair and deceptive acts occurred as follows:

1. On Wednesday, January 8, 2014, I answered a public internet craigslist ad you

placed for a two bedroom apartment for rent at 32 COURT STREET, AUGUSTA.

2. On Saturday, January 11, 2014, I viewed Apt. 1 at 32 COURT STREET escorted

by a neutral witness, TIMOTHY CASON.

3. Upon arrival at 32 COURT STREET on January 11th, TIMOTHY CASON and I

made specific comments about numerous red CODE ENFORCEMENT notices

indicating the building was unsafe to occupy.

4. You said Code Enforcement had closed the building in March 2013 due to

several life safety code violations and you were awaiting permission to reopen.

5. You talked openly about your future plans to convert the second floor of this

building into several small legal offices in order to benefit from anticipated new

courthouse business.

6. I told you explicitly, at great length with particular detail, that I was homeless

and I intend to reside at 32 COURT STREET for many years and want to "plant

my roots" here for several reasons.

7. You did not object to my intention to be a long-term tenant at 32 Court Street.

8. You never indicated in any way before I signed the rental contract that you are

actively negotiating with CITY OF AUGUSTA to sell this property for demolition.

5 MRSA 207 UTPA NOTICE OF CLAIM Page 1 of 3

GINA LYNN TURCOTTE 32 COURT STREET APT 1, AUGUSTA, MAINE

9. You never warned me in any way about the endless construction noises and

other nuisances every day of the week which prevent peaceful enjoyment of my

apartment.

10. You have an ongoing legal duty of care to clearly inform me of every element that

would alter or affect my contractual rights to use and enjoy my home.

11. You knowingly and intentionally breached Clause #9 of our contract promising

"not to interfere with the tenant's quiet enjoyment and legal use ofthe residence".

12. Your negotiations with City of Augusta are prima facie proof that you never had

any intention to honor our rental contract with full and honest disclosure.

13. Your construction work interferes with my quiet enjoyment and legal use of my

apartment, including, but not limited to:

a. direct intentional interference with my property rights

b. breach of the peace every day.

c.· prohibiting my ability to sleep.

d. high dust and dirt causing air pollution and physical distress.

e. loud, abrupt building work causing physical, mental and emotional distress.

f. abrupt and loud construction noises interfere with private conversations.

g. abrupt and loud construction noises interfere with business operations.

h. constant encroachment upon my right to freedom of speech.

1. constant encroachment upon my right to peaceful enjoyment of my home.

J. violation of my right to life, liberty and possession and use of property.

k. constructive eviction by breaching the covenant of quiet enjoyment.

1. constructive eviction by negotiating an immediate sale and demolition.

14. We signed the rental contract on January 21, 2014 which converted into an 'at

will' contract on February 21, 2014 which is unconscionable by virtue of its

conversion to an 'at will' lease without any option to renew 'for a term' subjecting

me to a 30-day notice to quit under fraud, intimidation, duress and coercion.

15. I moved into 32 COURT STREET APT 1 on January 22, 2014 without full

knowledge of all essential deficiencies, defects and disturbances at the property.

16. You did not have an occupancy permit for 32 COURT STREET on January 22.

5 MRSA 207 UTPA NOTICE OF CLAIM Page 2 of 3

GINA LYNN TURCOTTE 32 COURT STREET APT 1, AUGUSTA, MAINE

17. I would have never moved into this building if you had disclosed the fact that very

loud construction noises would be inflicted upon my peace and quiet every day of

the week, that you would regularly, intention~lly and negligently disturb my sleep,

and that you are working on the building only to get the best purchase price from

the CITY OF AUGUSTA and never intended to honor my long-term tenancy.

18. I performed more than one hundred (100) hours of legal research and other admin

tasks for you which I invoiced you at $2,700.00 and which you refuse to pay or

provide any type of reciprocal compensation or equal consideration through rent.

As a result of your fraudulent, unfair and deceptive practices, I suffered injury

and loss of money or property as follows:

1. Payment of rent and deposit in the total amount to date of $3,300.00.

2. Payment of moving, transportation, storage and other incidental expenses.

3. Being fraudulently induced into moving into this building in January 2014.

4. Lost wages in the amount of $2,700.00 for legal research and admin tasks.

5. Emotional and physical injury caused by endless construction nuisances.

6. Emotional and physical injury caused by your intentional constructive eviction.

7. Emotional and physical injury caused by living in a perpetual state of fear.

8. Emotional and physical injury from living in fear of where I will live next.

9. Permanent damage to my reputation, public shame, and public humiliation.

10. Living with perpetual fear of looming homelessness, physical harm and death.

The Maine Unfair Trade Practices Act gives you the opportunity to make a good

faith response and counteroffer to this letter within thirty (30) days. Your failure to

do so will subject you to damages, legal fees and costs if I decide to file a legal action.

Therefore, I hereby demand relief in the amount of two hundred fifty thousand

dollars ($250,000.00).

August 4, 2014 GINA LYNN TURCOTTE

5 MRSA 207 UTPA NOTICE OF CLAIM Page 3 of 3

GINA LYNN TURCOTTE 32 COURT STREET APT 1, AUGUSTA, MAINE

GREGORY ROY 389 COSTELLO ROAD GARDINER, MAINE 04345

August 4, 2014

RE: NOTICE of FRAUD, BREACH and REPUDIATION Rental Contract at 32 COURT STREET APT 1, AUGUSTA, MAINE

This is to notify you that you have violated 11 MRSA §2-1210 EXPRESS

WARRANTIES and have also committed the following violations:

A. Fraudulent Inducement

B. Fraudulent Concealment

C. Unconscionable Contract

D. Breach of Contract

E. Unjust Enrichment

F. Common Law Nuisance

G. Common Law Negligence

H. Breach Of Warranty Of Habitability

I. Breach Of Covenant Of Quiet Enjoyment

J. Constructive Eviction

K. Negligent Infliction Of Emotional Distress

L. Intentional Infliction Of Emotional Distress

1. You knowingly and intentionally breached Clause #9 of our contract promising

((not to interfere with the tenant's quiet enjoyment and legal use of the residence".

2. Your secret negotiations with City of Augusta are prima facie proof you never had

any intention to honor our rental contract with full and honest disclosure.

3. Your construction work interferes with my quiet enjoyment and legal use _of my

apartment, including, but not limited to:

a. direct intentional interference with my property rights.

b. breach of the peace every day.

c. prohibiting my ability to sleep.

d. high dust and dirt causing air pollution and physical distress.

e. loud, abrupt building work causing physical, mental and emotional distress.

GINA LYNN TURCOTTE 32 COURT STREET APT 1, AUGUSTA, MAINE

f. abrupt and loud construction noises interfere with private conversations.

g. abrupt and loud construction noises interfere with business operations.

h. constant encroachment upon my right to freedom of speech.

1. constant encroachment upon my right to peaceful enjoyment of my home.

J. violation of my right to life, liberty and possession and use of property.

k. constructive eviction by breaching the covenant of quiet enjoyment.

l. constructive eviction by negotiating an immediate sale and demolition.

4. Our rental contract is unconscionable by virtue of its conversion to an 'at will'

lease without any option to renew 'for a term' subjecting me to a 30-day notice to

quit under fraud, intimidation, duress and coercion.

5. I would have never moved into this building if you had disclosed the fact that very

loud construction noises would be inflicted upon my peace and quiet every day of

the week, that you would regularly, intentionally and negligently disturb my sleep,

and that you never had an intention to honor long-term tenancy and are working

on the building only to get the best purchase price from the CITY OF AUGUSTA.

As a result of your fraudulent, unfair and deceptive practices, I suffered injury

and loss of money or property as follows:

1. Being fraudulently induced into moving into this building in January 2014.

2. Payment of rent and deposit in the total amount to date of $3,300.00.

3. Payment of moving, transportation, storage and other incidental expenses.

4. Lost wages in the amount of $2,700.00 for legal research and admin tasks.

5. Emotional and physical injury caused by endless construction nuisances.

6. Emotional and physical injury caused by your intentional constructive eviction.

7. Emotional and physical injury caused by living in a perpetual state of fear.

8. Emotional and physical injury from living in fear of where I will live next.

9. Permanent damage to my reputation, public shame, and public humiliation.

10. Living with perpetual fear of looming homelessness, physical harm and death.

Therefore, I hereby demand relief in the amount of ONE MILLION DOLLARS

($1,000,000.00).

Dated: August 4, 2014 GINA LYNN TURCOTTE

====================================== WATER STREET STATION

AUGUSTA, Maine 043304611

2269030338-0098 08/04/2014 (207)623-8054 03:33:33 PM ====================================== ====Sales Receipt==== Product Description

Sale Unit Qty Price

Final Price

HUNTSVILLE AL 35813-6407 $0.49 Zone-6 First-Class Mail Letter 0.90 oz. Expected Delivery: Thu 08/07/14 @@ Certified $3.30 USPS Certified Mail #: 70122210000053301317

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Issue Postage: ========

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Paid by: Debit Card $7.79

Account #: XXXXXXXXXXXX1140 Approval #: Transaction #: 508 23903210219 Receipt#: 001822

@@For tracking or inquiries go to USPS.com or call 1-800-222-1811.

Order stamps at usps.com/shop or

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'"'· -~,c-~? -~.

v.

i -.· .... ~ '· ""'"·>~--l:.-~.

STATE OF MAINE

Plaintiff

- Defendant

DISTRICT COURT Location _______ _ Docket No. ______ _

SUMMONS, FORCIBLE ENTRY AND DETAINER

-~_,-_'~--~~~,_s.=" ·'--'' -._~-'"'----:c:-C-'-:_~-~-"--+J·--'-'' _,_i '-' '""''--'.1--" .. ~ Address -·:r" I

f; _;·.~~_::~~, ·~·~ :~ .. ~\-_!'~·"' Jf\ .{~_- ~ .:ji~! ··~.L\ ~.:,

The Plaintiff has begun a forcible entry and det~iner action against you in the District Court, ' ' ,> ' "' \ '' • l

which holds sessions at( street aqdress) :: L{ ~-- - -;~I:.,~-~ ·-~-~ . __ _ i . 1 T ;c· f - \ ,_.- ' \. '' C f l/ • · · · · · · -· m t _1e own . 1ty o ~~<, : ''~~ . ~-,-~--~-- . , ?unty o !._ 'tA 1 J \ -~· ! ,, < . .J ...

Mame by wh1ch the plamt1ffSeeks posses~,~?,~ of ~~~,~o~~~w~n.~~-\-~al e~~{at;_o~·rerso~al property:

_ If you1wish toppposethis action, you or your attC?::-ney must appear before the District Court, on ;\;<j, <A z.·o·!"'• rt:jlj at . (am)(pm':J, The address ofthe Court is:

1 -~

Name and address of court: .1/" I c,__ec (·'r

If you claim that you own the property, or that some person other than the plaintiff owns the property and you possess or occupy it with the owner's permission, you or your attorney MUST SERVE A WRITTEN ANSWER so stating to the court at the above address before the date and time set forth above. You must give a copy of the Answer to the Plaintiff.

The court offers parties an opportunity to be personally involved in resolving disputes through the process of mediation. You may have the option of mediation before your hearing. If you would like to request mediation, please contact the clerk of court in advance to determine if a mediator will be available or can be arranged on the hearing date.

IMPORTANT WARNING IF YOU FAIL TO APPEAR AT THE COURT AT THE ABOVE STATED TIME, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU IN YOUR ABSENCE GIVING POSSESSION OF THE PROPERTY TO THE PLAINTIFF. IF YOU INTEND TO OPPOSE THIS ACTION, DO NOT FAIL TO APPEAR AT THE REQUIRED TIME.

If you believe you have a defense to the Complaint, you may wish to talk to a lawyer. If you feel you cannot afford to pay a fee to a lawyer, you may ask the clerk of court for information as to places where you may seek legal assistance.

Date:

' ..

~~; ·· i ,! :~ J' ~;: (;. r·. '" 11

(Seal of Court)

' - -- I' (1:ttorney f0r) plaintiff !

_··_' ·-~~~-···'-_._v ~r: _-,-""~:-~-c~)-_,_-r_\'"'-. \-'-'-t~"-·:· _."--r-'-'/ .. -'-4 _ Address -~ J ~- Clerk (/ => / L-v----) 4)

/ l _ ..

Plain\iff

v.

Defendant(s)

Ef and All Other Occupants

STATE OF MAINE DISTRICT COURT Location --------DocketNo. _____ _

CO:MPLAINT FOR FORCIBLE ENTRY AND DETAINER

M.R. Civ. P. 80D

/ "

NOW CO:tvfES the Plaintiff -""--·-~--··---'·,,_·-=;/'.·~,-'_,c,-------'~~··"'~··. "'-" .. ·~,___: ·._-i-; ________ _

and states as follows:

,F·-:, ~--;, ,7·. \

1. That plaintiff is the owner of the premises located at~o-t;~· ~· _~,.,: ~:<,.;,c''·w·c...':·,___,_~----"'-'L==·· ·~--------------------------------~·~-·~---'.,~.~-·~~·:~._·:+~~~-~4~'--------'Mame;

"\

2. That defendant(s) is/are currently a tenant at said premises.

3. D That defendant(s) is/are more than ______ months in arrears of payment of rent;

D That defendant(s) has/have breached certain terms and conditions of the lease.

4. Tha! defen~.ant(s) was/were served with a Notice to Quit, pursuant to 14 M.R.S. § 6002, on · \, • \, 1 k \.ot. ·11:!.1 ij , whichrequired the defendant(s) to quit and deliver the premises on or

_, •. \,; ¥:,

before' H , , ~ .. , 1 >:.- t. H~ _,, 7; ~ 1 '·i . The defendant( s) has/have unlawfully refused to quit the premise; and still refuses to 'quit the premises.

5. The Notice to Quit is attached to this complaint.

WHEREFORE, Plaintiff demands Judgment for possession of said premises and for its costs and that this Court issue a Writ of Possession dir~ctin~ the Sheriff to cause Plamtiff to have possession of the premises located at ·) ·1. ( .n,. /\- "~s\ . . r~;_;,( l.) <L~ Maine.

)

;_.:r II . IJ Dated: -~'-'->+· ___,._i +-1-f-·' __ ·;_:._C_\,_i.4.l __ _

l I (Attorney f~r) ~Iaintiff

CV-007, Rev. 06/14 Page 1 of 1

STATE OF MAINE

DISTRICT COURT

Location AUGUSTA

Docket No.AUGDC-SA-2014-00453

GREG ROY

389 COSTELLO ROAD

GARDINER ME 04345

V.

GINA TURCOTTE

32 COURT STREET APARTMENT 1

AUGUSTA ME 04330

JUDGMENT FORCIBLE ENTRY AND DETAINER

i and All Other 0\CCUpant$

This matter came on fQr hearing on 0812012014 at 01 :00p.m. The court ~~s that the

summons and co~int were duly served on the defendant . The plaint:iff eP (not ) appear .

The defendant~ (not) appear.

It is Ordered and the entry will be:

[]The complaint is dismissed with(out) prejudice by the plaintiff.

~Judgment is rendered:

[] Judgment is granted to

0 by default.

[] by agreement.

]>4' after hearing.

the defendant.

Judgment is granted to the plaintiff for possession of the following described premise

32 COURT STREET APARTMENT 1 AUGUSTA MAINE

[] Other ----------------------------------------------------------------------~

If Judgment is granted to the plaintiff, the

days after ~e judgment is entered.

Date, Uurzr= ).,o, :no,+. A true copy, Attest:

Clerk

writ of possession shall issue seven calendar

ce~¥ Judge

CV-131, Rev. 10109 White -- Court Copy I Yellow -- Defendant Copy I Pink -- Plaintiff Copy

GREG ROY - PLAINTIFF

389 COSTELLO ROAD

GARDINER ME 04345

vs

GINA TURCOTTE - DEFENDANT 32 COURT STREET APARTMENT 1

AUGUSTA ME 04330

DISTRICT COURT AUGUSTA

Docket No AUGDC-SA-2014-00453

DOCKET RECORD

Filing Document: COMPLAINT

Filing Date: 08/15/2014

Minor Case Type: FORCIBLE ENTRY AND DETAINER

Docket Events: 08/15/2014 FILING DOCUMENT - COMPLAINT FILED ON 08/15/2014

REQUEST - REQUEST FOR JUDGMENT ENTERED ON 08/15/2014

32 COURT STREET APARTMENT 1 AUGUSTA MAINE

08/19/2014 Party(s): GINA TURCOTTE SUMMONS/SERVICE - PROOF OF SERVICE SERVED ON 08/11/2014

08/19/2014 Party(s): GINA TURCOTTE SUMMONS/SERVICE- PROOF OF SERVICE FILED ON.08/15/2014

08/19/2014 HEARING - FED HEARING SCHEDULED FOR 08/20/2014@ 13:00 in Room No. 11

08/19/2014 Party(s): GREG ROY

OTHER FILING - REQUEST FOR RECORDING FILED ON 08/15/2014

08/20/2014 Party(s): GREG ROY

OTHER FILING - OTHER DOCUMENT FILED ON 08/20/2014

EXHIBITS #1; LEASE; #2; NOTICE TO QUIT

08/20/2014 HEARING - FED HEARING HELD ON 08/20/2014

08/20/2014 FINDING - JUDGMENT DETERMINATION ENTERED ON 08/20/2014 VALERIE STANFILL , JUDGE

Defendant Present in Court

COPIES IN MAIL TO BOTH PARTIES.

ORDER - FED JUDGMENT ENTERED ON 08/20/2014 VALERIE STANFILL , JUDGE Ii~'l:endant Present in Court

COPIES IN MAIL TO BOTH PARTIES.

Judgment is rendered after hearing.

Judgment is granted to GREG ROY and against GINA TURCOTTE for possession of the following described premises or items: 32 COURT STREET APARTMENT 1 AUGUSTA MAINE

08/26/2014 Party(s): GINA TURCOTTE

APPEAL - NOTICE OF APPEAL FILED ON 08/21/2014

Page 1 of 2 Printed on: 08/27/2014

08/26/2014 Party(s): GINA TURCOTTE

MOTION - OTHER MOTION FILED ON 08/21/2014 MOTION FOR TRANCRIPT AT STATE EXPENSE

08/26/2014 Party(s): GINA TURCOTTE

APPEAL - TRANSCRIPT ORDER FORM FILED ON 08/21/2014

08/27/2014 Party(s): GINA TURCOTTE

MOTION - MOTION PROCEED W/0 FEE FILED ON 08/21/2014

08/27/2014 Party(s): GINA TURCOTTE

MOTION - MOTION PROCEED W/0 FEE GRANTED ON 08/22/2014 VALERIE STANFILL , JUDGE

08/27/2014 Party(s): GINA TURCOTTE APPEAL - TRANSCRIPT ORDER FORM SENT TO REPORTER/ER ON 08/26/2014

08/27/2014 Party(s): GINA TURCOTTE

MOTION - OTHER MOTION GRANTED ON 08/26/2014 VALERIE STANFILL , JUDGE

MOTION FOR TRANCRIPT AT STATE EXPENSE

08/27/2014 Party(s): GINA TURCOTTE

APpEAL - NOTICE OF APPEAL SENT TO APPLNT COURT ON 08/26/2014 SUPERIOR COURT

08/27/2014 Party(s): GINA TURCOTTE

MOTION - OTHER MOTION FILED ON 08/26/2014

AUGDC-SA-2014-00453

DOCKET RECORD

MOTION FOR STAY OF WRIT OF POSSESSION PENDING APPEAL. FILED AT CLOSING THIS DATE

Page 2 of 2 Printed on: 08/27/2014

STATE OF MAINE

_G_R_E_G_O_R_Y_RO_Y _________ .Plaintiff

v.

_G_IN_A_T_U_R_C_OTT_E ________ Defendant

DISTRICT COURT Location AUGUSTA

Docket No. ________ _

NOTICE OF APPEAL and AFFIDAVIT Forcible Entry and Detainer

14 M.R.S. § 6008

1. I, GINA TURCOTTE , appeal from the judgment, order or ruling entered in this proceeding dated AUGUST 20 2014

2. Check all boxes that apply: 0 I appeal to the Superior Court on the following questions of law: ____________ _

________________________ (attach additional pages as needed) 00 I appeal to the Superior Court for a jury trial de novo.

The specific facts that show that there is a genuine issue regarding a right to trial by jury are: Plaintiff discriminated against Defendant at the signing of the lease by omitting material facts about the lease terms and lack of safety and

uninhabitability of the property which renders the rental contract invalid, unenforceable, illegal, (attach additional pages as needed) unconscionable and prejudicial in Plaintiff's favor. Plaintiff retaliated against Defendant after serving the 30-day notice to quit.

IF YOU ARE THE DEFENDANT, YOU MUST PAY YOUR CURRENT MONTH'S RENT OR THE RENT ARREARAGE, WHICHEVER IS LESS, BEFORE FILING THIS APPEAL. 14 M.R.S. § 6008(2)

?:: 3. Check the box that applies: e ~

00 I have paid to the Plaintiff any unpaid portion of the current month's rent or the rent arrearage; oli: ~ l> _0 I have paid the District Court any unpaid portion ofthe current month's rent or rent arrearage, b~aie ffi

there is a dispute about the rent; or lfl t:j ,..,_,

0 Not applicable, I am the Ph1intiff. .§ ; ro ;;J, ;:!. n • """ 0 ..... CJ

4. Check the box that applies: ""~ ('") ~ 129 The Transcript Order fonn is attached. 0 No transcript will be ordered. Q g 0 No electronic or other recording of the proceedings can be prepared for this case. Therefore, a st~eiilent

in lieu of transcript will be prepared pursuant to M.R. Civ. P. 76F(c~ ~

Date: AUGUST 212014 X Signature: ~ ~ c1[t:::{;£ Printed name: GINA TURCOTTE

·-------Address: 32 COURT ST APT 1

AUGUSTA MAINE

Personally appeared the above named __ G_IN_A_T_U_R_c_o_TT_E _______________ _

and signed and made oath to the truth of the statements in the above affidavit, and attached pages, if any,

before me. Date:_S/!~·{ /r tj_ ~ · Clerk/Notary Public/Attorney at Law

THIS MUST BE FILED IN THE COURT WHERE THE ORDER WAS ISSUED. YOU MUST PAY THE FILING FEE OR FILE AN APPLICATION TO PROCEED WITHOUT PAYMENT OF FEES AT THE SAME TIME YOU FILE THIS NOTICE OF APPEAL.

NOTICE: This notice must be filed within 30 days of the entry of judgment in the docket or before the issuance of the writ of possession, whichever occurs first.

CV-206, Rev. 04114 Page 1 of I

SUPERIOR COURT

--------------------------' ss.

STATE OF MAINE DISTRICT COURT Location: AUGUSTA

Docket No.: Docket No.: ________________ _ ------------------

GREGORY ROY

Plaintiff

v. TRANSCRIPT AND AUDIO

ORDER FORM ..

GINA TURCOTTE

Defendant

Plaintiff/State Attorney GREGORY ROY pro se Defendant Attorney GINA TURCOTTE, sui juris

Purpose of Transcript or Audio Request: (Please check one)

1. [;5I Appeal o Law Court r!'l Superior Court o Sentence Review Panel D Post-Conviction Review

2. 0 Reference o Use in another pending case o Personal Reference If for use in another pending case, is there a court imposed due date? o Yes o No Ifyes, date due: ______________ _

:rype of Request: (Please check one) Recei,.,,ed

and Filed [;5I Paper Transcript or 0 Audio Recording (MP3 Recording on CD)

Payment: (Please check one) AUG 2 1 2014 '!?Augusta Dish.:

. .n.ellnebe-c •Lict Court 1. 0 Pnvate Pay . . Superio.r C 2. rn State Expense (Motion for Transcript at State Expense (CV/CR-166) required) 0 ll.rt 3. 0 MCILS (Motion for Transcript at State Expense (CV/CR-166) required) 4. 0 State Agency (Office of the Attorney General, District Attorney, etc.)

A:d(::Lk_musty_erify that all of the necessary infonnation is listed below. Under hearing type, please be specific if you want the entire hearing or just a specific portion of it.

Hearing Date(s) Hearing Type Courtroom CD Start/End Times, Tape & Index Number or OCR Name

1. 8/20/14 FED TRIAL

2. ___ _

3.--------

4. ________ _

5. ________ _

Court Clerk Signature Date

INCOMPLETE FORMS MAY BE RETURNED

CV/CR-165, Rev. 03/14 Page I of2

Please write your contact information clearly in the section below. This information is used only to ensure delivery of transcript/audio recordings.

Name of person ordering transcript/recording: ----.:::G:.::IN:....:..:..:A:_T..o....:::U,;..R::..::C::...:O:::_TT~E:::::__ ________________ _ Firm or Agency: (if applicable) _________________________ _ Mailing Address: 32 COURT STREET, APT 1, AU GUS A, MAINE 04330

~~::a~~~~:;:~son ~~:~~~~0

t~!!script/recording: if'-----"'~:____:_=L----'~"""""'-=-=---=-=~::::_· :::::__:::___--=-----------

Email Address: [email protected] Transcripts are generally sent via email. Audio recordings are generally sent via US Mail. Email delivery of audio can be arranged upon request. If you do not have an email address, the Office of Transcript Operations will need your phone number and mailing address to assist you with receiving your materials.

Office of Transcript Operations Penobscot Judicial Center

78 Exchange Street, Suite 200, Bangor, ME 04401 207-991-6322 [email protected]

(Q il' 0' ~ INSTRUCTIONS FOR ORDERING TRANSCRJPTS ~~ ~-6. S, ~~

~ i;P~ d 4>. A. You must include all of the information requested on the transcript order form or the form may be·~~ed ~ ~

your request will not be acted upon. '?0 "'"(! 9-' B. The party who will be responsible for the bill must sign the order. ;.-. (! 0¢

C. If you are requesting that the transcript be provided at no cost or paid for by MCILS, you must complete a~ ?< attach to this form a Motion for Transcript at State Expense (CV/CR-166). V>

D. File the complete transcript and audio request form with the clerk of court. E. The costs for transcripts of any court proceedings are specified in Administrative Order JB-05-26. F. All transcripts for the Maine Judicial Branch are produced by A VTranz or by Official Court Reporters. G. If A VTranz is preparing your transcript, A VTranz will automatically send you an email that includes a cost

estimate (based on the 14-day turnaround rate), deposit information, and payment options after they receive your request from the Office of Transcript Operations. Ifyour transcript is being paid for privately, you can also opt for 1, 3, 7, 21 and 30-day turnaround. If your transcript is provided at no cost to you or is paid for by MCILS, the standard turnaround is 30 days.

H. Turnaround times begin once A VTranz receives a digital copy of the audio. When the transcript has been completed, you will receive it by email from A VTranz and, depending on your circumstances, you will either be charged the balance due or issued a refund.

I. If an Official Court Reporter is preparing your transcript, s/he will contact you by phone directly to discuss arrangements of payment and a time frame for completion.

J. Neither an Official Court Reporter nor the Office of Transcript Operations is responsible for delay in transcript production or for requesting additional time to obtain a transcript if you fail to comply with these procedures.

APPEAL ORDERS: If you are ordering a transcript as part of an appeal, you must file the order with the clerk of the trial court when you file the Notice of Appeal. Once it is completed, the transcript will be filed with the appropriate cowi and a copy of the transcript will be delivered to ycm. REFERENCE ORDERS: If you are ordering a transcript for reference purposes, you must file the order with the clerk of the trial court. The clerk will then forward it to the Official Court Reporter and/or the Office of Transcript Operations.

INCOMPLETE FORMS MAY BE RETURNED

CV/CR-165, Rev. 03/l4 Page 2 of2

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GREG ROY

PLAINTIFF

v

GINA TURCOTTE

DEFENDANT

STATE OF MAINE

*

*

*

*

*

DISTRICT COURT

LOCATION: AUGUSTA

DOCKET NO: AUGDC-SA-2014-453

MOTION FOR STAY OF

WRIT OF POSSESSION

PENDING APPEAL

MRCivP Rule 80DU)(3)

NOW COMES DEFENDANT, GINA TURCOTTE, and submits this motion for a

stay of the writ of possession pending appeal for jury trial de novo on genuine issues of

material fact as to which I have a right to a trial by jury in Superior Court.

CONSTITUTION of the STATE OF MAINE, Article 1, Section 20. Trial by jury

guarantees <<in all civil suits, and in all controversies concerning property, the parties

. shall have a right to a trial by jury".

MRCivP 80DU)(3) establishes ((if defendant files a timely notice of appeal under

Rule 76D, issuance of the writ shall be stayed until a stay pending appeal is granted or

denied in the Superior Court as provided by paragraph (4) of this subdivision 11•

DEFENDANT's Notice of Appeal and Affidavit for Forcible Entry and Detainer

pursuant to 14 MRSA §6008 (form CV-206, Rev. 04/ 14) was timely and properly filed

.on August 21, 2014 indicating the genuine issue regarding a right to trial by jury is

PLAINTIFF discriminated against DEFENDANT at the signing of the lease by omitting

material facts about the lease terms and lack of safety and uninhabitability of the

property which renders the rental contract invalid, illegal, unenforceable,

unconscionable and prejudicial in PLAINTIFF's favor. PLAINTIFF also retaliated against

DEFENDANT after serving the 30-day notice to quit.

WHEREFORE, DEFENDANT moves this court to issue a stay on the writ of

possession pending appeal pursuant to MRCivP 80DU)(3) and 14 MRSA §6008.

AJv~ DATED: August 26, 2014

GINA TURCOTTE

APPLICATION FOR STAY OF WRIT OF POSSESSION PENDING APPEAL Page 1 of 2

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GINA TURCOTTE certifies that a copy of this APPLICATION FOR STAY OF WRIT

OF POSSESSION PENDING APPEAL has been served by first class postal mail upon

GREGORY ROY at 389 Costello Road Gardiner.M /Jaine :n ~s da~

DATED: August 26, 2014 ~ ~ GINA TURCOTTE

APPLICATION FOR STAY OF WRIT OF POSSESSION PENDING APPEAL Page 2 of 2

GINA LYNN TURCOTTE 32 COURT STREET, APT 1, AUGUSTA ME 04330 207-333-0628

SERVICE INVOICE

TO: Gregory Roy 389 Costello Road Gardiner, Maine 04345

CONSIJLT~W:r?•.·: ;~ o.~ ••

GinA

DATE

32 COURT STREET, AUGUSTA

SERVICE PROVIDED

DATE: SEPTEMBER 1, 2014 INVOICE # 112

.· J1,;i¥ijt:~:J:!~l{Ms . ·" ;~.'~~ ~- · .. At£.~: . Cash Upon Receipt

HRS UNIT

TOTAL VALUE VALUE

Various Computer support, troubleshooting, cleaning, education 10 $50 $500

Various Research, consultation re: eminent domain

May 3-4 Research, write letter to City: reject $85,000 offer

May 13 Consult and review 3 legal cases with Greg

Various Construction work for Greg at 32 Court Street

May22 Research and photograph antiques for sale for Greg

May 31 Clean my 2nd bedroom from upstairs water leak

Jun 1-2 Remove, sort and clean previous tenants junk

Jun 4-12 . Write & post apt ads, answer emailsjphone calls, show apts to three (3) potential tenants

10

24

2

12.5

6

4

6

15.5

$50

$50

$50

$ 9

$10

$10

$10

$10

TOTAL

DUE

$500

$1200

$100

$112.50

$60

$40

$60

'$155

$2727.50

Make all payments payable to Gina Lynn Turcotte. Thank you for your prompt payment!

All overdue accounts accrue interest at 1.5% per month.

SERVICE INVOICE Page 1 of 2

GINA LYNN TURCOTTE 32 COURT STREET, APT 1, AUGUSTA ME 04330

DATE DESCRIPTION

Cleaning Greg's computer, uninstalling software, install Outlook Install Adobe Acrobat, teach Greg how to use the software Lessons about creating Adobe .pdf files, various days Research eminent domain, rules, laws, history, case law Consult with government people about eminent domain

May3. Consult with Greg re: letter from City of Augusta

May3 Review City of Augusta offer letter, appraisal, parcel summary, etc

May3 Research & Writing draft rejection letter for Greg to City of Augusta

May4 Research & Writing fmal rejection lette.r for Greg to City of Augusta

May 13 Consult with and Review of Greg's (3) legal cases

SUBTOTAL LEGAL/CLERICAL@ $50/hr May 10 Construction work for Greg

May 15 Construction work for Greg May 16 Construction work for Greg May22 Taking photos of antiques for Greg May22 Research prices of antiques for Greg

May31 Cleaning my 2nd bedroom from water leak caused by upstairs apt.

June 1 Remove previous tenants junk from basement for Greg June 2 Sort and clean previous tenants junk for Greg June 4 Writing ads for apts, posting in FB groups and on

craigslist for Greg June 5 Answering emails and phone calls from potential

tenants for Greg June6 Sanding, joint compound upstairs apt. for Greg June 7 Answering emails and phone calls from potential

tenants for Greg June 8 Answering emails and phone calls from potential

tenants for Greg June 9 Answering emails and phone calls from potential

tenants for Greg June 10 Show upstairs apt to 2 tenants for Greg

June 12 Show upstairs apt. to 1 tenant for Greg

SUBTOTAL CONSTRUCTION @ $9 /hr and OTHER@ $10/hr

TOTAL

SERVICE INVOICE

207-333-0628

HRS RATE TOTAL /HR

4 $50 $200

3 $50 $150

3 $59 $150 10 $50 $500

2 $50 $100 4 $50 $200

8 $50 $400

10 $50 $500

2 $50 $100 46 $2300 4 $9 36 3 $9 27 2 $9 18 2 $10 20 4 $10 40 4 $10 40

2 $10 20 4 $10 40 6 $10 60

2 $10 20

3.5 $9 31.50 2 $10 20

2 $10 20

2 $10 20

1 $10 10 .5 $10 5

44 $427.50

90 $2,727.50

Page 2 of 2

GREG ROY

PLANTIFF

v

GINA TURCOTIE

DEFENDANT

STATE OF MAINE

DISTRICT COURT

LOCATION: AUGUSTA

DOCKET NO: AUGDC-SA-2014-453'

MOTION TO THE COURT TO

- OBJECT-AND DISMISS THE

APPEAL AND GRANT WRIT

OF POSSESION

14 M.R.S. 6008(2)

NOW COMES PLAINTIFF, GREG ROY, and submits this motion to ask the court to dismiss

the defendants appeal and grant a Writ of Possession. It was established in court on August 20th

2014 that the defendant had not paid back rent or current rent. Therefore cannot file for an

appeal until doing so within the time of issuance of a writ. 14 M.R.S. 6008(2).

Defendant's Notice of Appeal is fraudulent where Gina Turcotte checked the box swearing

that she had paid the Plaintiff current rent or back rent when in fact that she had not.

WHEREFORE, PLAINTIFF moves this court to reject the appeal and to grant a Write of

Possession to the Plaintiff.

GREG ROY certifies that a copy of this Motion to Dismiss The Appeal and Grant Writ of

Possession has been sent to GINA TURCOTTE at 32 Court St. Apart. #1, Augusta Me. 04330 by

first class mail on September l 5t 2014.

Dated: September 1st 2014

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l IMPORTANT DISCLAIM~R: The data contain d her in is a compilation o oreclosur property data available from sources found in The World Wide Web. T •. e editors of this report and Marke eel Settlement Group I.; C, its affi ated business and parent companies make no representatio as to the o;omprehensiveness or accuracy of the information t us ob ned. This report is compiled by the editors for the purpose of gathering a re resentat~~e list of properties under foreclosure for education or ussion but no claim or guarantee is given, intended or implied that this data li s all r' substantially all of the properties in foreclosure at any time or the current status of any property identified herein. Reliance upon this informa r:l-for..anyaction, purpese or plan-is selely-atthe risk amfcliscretion ofiiTe -user-and the editors disclaim any lial:lility for damage, risk or misfortune incurred as a result of such reliance. Receipt of this compilation report and disclaimer constitute acceptance of these terms.

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September 4, 2014 MICHELLE LUMBERT, CLERK KENNEBEC COUNTY SUPERIOR COURT 95 STATE STREET AUGUSTA, MAINE 04330 RE: GREG ROY v GINA TURCOTTE Dear Michelle: Enclosed for filing is Defendant’s Opposition to Plaintiff’s Motion to the Court to Object and Dismiss the Appeal and Grant Writ of Possession for violation of MRCivP Rule 11(a) which were served on Plaintiff by first class mail on this day. Please immediately remove and strike the aforementioned document from the record.

In Peace, GINA TURCOTTE 32 COURT STREET APT 1, AUGUSTA MAINE 207-333-0628

Cc: Greg Roy, 389 Costello Road, Gardiner Maine

STATE OF MAINE

SUPERIOR COURT

3 KENNEBEC, ss

4 DOCKET NO:

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GREG ROY

PLAINTIFF

v

GINA TURCOTTE

DEFENDANT

*

*

*

DEFENDANT'S OPPOSITION TO

PLAINTIFF'S MOTION TO THE

COURT TO OBJECT AND DISMISS

* THE APPEAL AND GRANT WRIT OF

* POSSESSION 14 MRSA §6008(2)

1 1 DEFENDANT, GINA TURCOTTE, opposes Plaintiffs Motion to the Court to Object

12 and Dismiss the Appeal and Grant Writ of Possession 14 MRSA §6008(2).

13

14 Plaintiff violated MRCivP Rule ll(a) by filing an unsigned motion claiming fraud

15 by Defendant without good grounds or evidence in the record to support it. EXHIBIT A

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WHEREFORE, violations of MRCivP 11(a) require the court to reject an unsigned

motion, strike it and remove it from the record~;ntir~:Y· ~~

DATED: September 3, 2014 ~ ~ GINA TURCOTTE

32 COURT STREET APT 1, AUGUSTA ME

2 5 Gina Turcotte certifies that a copy of this Opposition To Plaintiff's Motion To The

26 Court To Object And Dismiss The Appeal And Grant Writ Of Possession 14 MRSA

27 §6008(2) has been served by first class postal mail upon Gregory Roy at 389 C?stello

2 8 Road Gardiner Maine on this day.

2 9

3 0

31

32

3 3

DATED: September 3, 2014

GINA TURCOTTE

32 COURT STREET APT 1, AUGUSTA ME

OPPOSITION TO PLAINTIFF'S MOTION TO OBJECT AND DISMISS APPEAL Page 1 of 1

September 3, 2014 MICHELLE LUMBERT, CLERK KENNEBEC COUNTY SUPERIOR COURT 95 STATE STREET AUGUSTA, MAINE 04330 RE: GREG ROY v GINA TURCOTTE Dear Michelle: Enclosed for filing is Defendant’s Motion for Stay of Writ of Possession and Affidavit in Support with attached exhibits which were served on Plaintiff by first class mail on this day.

In Peace, GINA TURCOTTE 32 COURT STREET APT 1, AUGUSTA MAINE 207-333-0628

Cc: Greg Roy, 389 Costello Road, Gardiner Maine

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MOTION FOR STAY OF WRIT OF POSSESSION FOR FULL TIME FOR APPEAL Page 1 of 2

MOTION FOR STAY OF

WRIT OF POSSESSION

FOR FULL TIME FOR APPEAL

14 MRSA §6008(2)(A)

MRCivP Rule 80D(j)(2)

STATE OF MAINE

SUPERIOR COURT

KENNEBEC, ss

DOCKET NO:

GREG ROY *

PLAINTIFF *

v *

GINA TURCOTTE *

DEFENDANT *

NOW COMES DEFENDANT, GINA TURCOTTE, who submits this motion for a

stay of the writ of possession for full time for appeal in accordance with 14 MRSA

§6008(2)(A) and MRCivP Rule 80D(j)(2).

MRCivP Rule 80D(j)(2) authorizes Superior Court to grant a stay of the writ of

possession for full time for appeal upon Defendant showing grounds for appeal present

genuine issues of material fact or law which Defendant has clearly shown in a sworn

affidavit executed under pains and penalties of perjury attached hereto.

Defendant has fully complied with all lease terms and 14 MRSA §6008(2)(A).

Defendant asserts her right to proceed with appeal without payment of current

rent because of her impoverished status and her time worked and credited for rent.

If the court orders rent be paid into escrow pending appeal, Defendant argues a

fair market value of rent is significantly less than the lease term of $650 per month.

Defendant asserts a fair market value of the property is no more than $200 per

month including heat and hot water since its use is restricted, lacks quiet enjoyment,

and Defendant’s legal use and length of tenancy is directly and severely impaired.

49 Am. Jur. 2d, Part 2 Landlord and Tenant, §35, established if “… a lessee

who after the lease has been partly executed discovers fraud practiced by the lessor in

the letting may retain possession and continue with the lease and also maintain an

action for damages for the fraud or enforce an allowance defensively. The lessee is not

restricted to an avoidance of the lease or to an action instituted by the lessee, but may

be entitled to have a reduction of the rent to the extent of his or her injury through the

fraud…” and 49 Am. Jur. 2d, Part 2 Landlord and Tenant, §36 determined “The

1 concealment of facts known to the lessor and unknown and not obvious to the lessee

2 and which seriously impair the value of the lease may constitute fraud on the part of the

3 lessor."

4 Buttnick v Clothier, 43 Wash 2d 667, 263 P2d 266 decided ((A lessor'sfraud in

5 failing to tell a lessee of the restricted purposes for which the building could be used

6 entitled the lessee to maintain an action for damages notwithstanding his affirmation of

7 the lease."

8 Plaintiff intentionally defrauded and discriminated against Defendant, ab initio.

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WHEREFORE, Defendant moves the court to issue a stay of writ of possession

for the full time for appeal pursuant to MRCivP 80DU)(2) and 14 MRSA §6008(2)(A)

without any payment of current or accrual of rent.

DATED: September 3, 2014 A~ GINA TURCOTTE

1 7 GINA TURCOTTE certifies that a copy of this MOTION FOR STAY OF WRIT OF

18 POSSESSION FOR FULL TIME FOR APPEAL 14 MRSA §6008(2)(A) and MRCivP Rule

19 80DU)(2) has been served by first class postal mail upon GREGORY ROY at 389

20 Costello Road Gardiner Maine on this day.

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DATED: September 3, 2014

GINA TURCOTTE

MOTION FOR STAY OF WRIT OF POSSESSION FOR FULL TIME FOR APPEAL Page 2 of 2

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AFFIDAVIT IN SUPPORT OF MOTION FOR STAY OF WRIT OF POSSESSION Page 1 of 2

DEFENDANT’S AFFIDAVIT IN SUPPORT OF

HER MOTION FOR STAY OF WRIT OF

POSSESSION FOR FULL TIME FOR APPEAL

MRCivP 80D(j)(2), 14 MRSA §6008(2)(A)

STATE OF MAINE

SUPERIOR COURT

KENNBEC, ss

DOCKET NO:

GREG ROY *

PLAINTIFF *

v *

GINA TURCOTTE *

DEFENDANT *

NOW COMES DEFENDANT, GINA TURCOTTE, upon her own knowledge,

information and belief, and so far as upon her information and belief, she believes this

information to be true and correct, submits this Affidavit In Support Of Her Motion For

Stay Of Writ Of Possession For Full Time For Appeal under MRCivP 80D(j)(2) and 14

MRSA §6008(2)(A) and states the following:

1. The Property did not have an occupancy permit when DEFENDANT moved in.

2. PLAINTIFF recklessly omitted pertinent material facts with intent to defraud.

3. DEFENDANT told PLAINTIFF before signing the lease in January 2014 that she is

disabled and has two service animals and special medical housing needs.

4. The record shows no rent arrearage exists.

5. There is no unpaid portion of the current month’s rent.

6. DEFENDANT clearly and repeatedly expressed to PLAINTIFF her intention to reside

at the property for several years not knowing it is targeted for demolition.

7. DEFENDANT has already paid three thousand dollars ($3,000) cash to PLAINTIFF

for security deposit and rental payments up to and including the month of July.

8. PLAINTIFF has not claimed any rent past or currently owed by DEFENDANT.

9. From March 19-June 29, DEFENDANT performed various tasks for PLAINTIFF in

exchange for rental payments totaling $2,727.50 in labor and time. EXHIBIT A

10. PLAINTIFF knowingly breached Clause #9 of the lease by concealing the genuine

material facts the property cannot be quietly enjoyed or legally used as intended.

11. After the lease was partly executed, DEFENDANT discovered PLAINTIFF knowingly

and intentionally discriminated against her as a disabled homeless woman and

1 ·maliciously defrauded her by concealing pertinent material facts that significantly

2 impact DEFENDANT's decision to reside at the property.

3 12 . PLAINTIFF knowingly concealed pertinent material facts about construction work

4 and noise levels which impair the value of the lease and leased property.

5 13 . PLAINTIFF knowingly concealed pertinent material facts the property is targeted for

6 immediate sale and demolition by the City of Augusta and is not suitable for any

7 medium or long-term tenancy agreements .

8 14. PLAINTIFF shrewdly defrauded DEFENDANT with an unconscionable at will lease .

9 15 . PLAINTIFF deliberately retaliated against DEFENDANT by engaging in distressingly

10 loud construction work on weekends maliciously and deliberately interfering with

11 DEFENDANT's religious freedoms, quiet enjoyment and legal use of the property.

12 16. PLAINTIFF maliciously retaliated against DEFENDANT by deliberately having her

13 guest's car illegally towed from her assigned parking spot on August 13 , 2014.

14 17. PLAINTIFF did not tell DEFENDANT before she moved in that he was actively

15 d iscussing immediate sale and demolition of the property with City of Augusta.

1 6 18 . DEFENDANT served PLAINTIFF with three notices on August 4 (by certified mail

17 #701222100000053301324 returned by USPS) and August 8 (by first class mail):

18 a. Notice o[Fraud and Nonpayment o[Future Rent EXHIBIT B

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b. Notice o[Fraud, Breach and Repudiation EXHIBIT C

c. UTPA Notice of Claim and Demand [or Settlement EXHIBIT D

19 . On August 8 , 2014, DEFENDANT notified PLAINTIFF that future rent payments are

discharged as partial remedy for PLAINTIFF's intentional malicious fraud .

.20. DEFENDANT filed a separate civil lawsuit against PLAINTIFF on August 20, 20 14

in Superior Court for breach of contract, fraudulent inducement, fraudulent

concealment, intentional infliction of emotiona l distress and negligent infliction of

emotional distress specifically reserving her rights and remedies under all other

applicable laws for other violations resulting from or committed in conjunction with

the causes of action cited therein.

21 . DEFENDANT has set forth specific facts showing that there is a genuine issue of

material fact as to which there is a right to tria l by jury.

Executed and sworn to under pains an~s of perjury in Augusta Maine.

DATED: September 3, 2014 - \..Jtvu~i""-"'-! f;tt....:::....:._ _ ____ _

GINA TURCOTTE

AFFIDAVIT IN SUPPORT OF MOTION FOR STAY OF WRIT OF POSSESSION Page 2 of 2

MICHELLE LUMBERT, CLERK KENNEBEC COUNTY SUPERIOR COURT 95 STATE STREET AUGUSTA, MAINE 04330

RE: GREG ROY v GINA TURCOTTE AP-14-56

Dear Michelle:

September 5, 2014

Enclosed for filing is Defendant's Amended Notice of Appeal and Affidavit for Forcible Entry and Detainer with 3 Additional Pages, Amended Motion for Stay of Writ of Possession for Full Time for Appeal with Incorporated Memorandum of Law, Notice of Hearing and Draft Order which were served on Plaintiff by first class mail on this day.

Please schedule this for a proper hearing pursuant to the rules of court.

In ~ce,

~~ GINA TURCOTTE 32 COURT STREET APT 1, AUGUSTA ME 207-333-0628

Cc: Greg Roy, 389 Costello Road, Gardiner Maine

GREG ROY -------------------------

v.

STATE OF MAINE

Plaintiff

DISTRJCT COURT Location --------------------Docket No. ________________ __

**AMENDED ** NOTICE OF APPEAL and AFFIDAVIT

Forcible Entry and Detainer GINA TURCOTTE Defendant 14 M.R.S. § 6008

1. I, GINA TURCOTTE this proceeding dated AUGUST 20, 2014

2. Check all boxes that apply:

, appeal from the judgment, mrler rn:.rulin& enter~c:ljn Kt\.:t!lVea ana .!1'iled

SEP 0 5 2014 ~ I appeal to the Superior Court on the following questions of law: Augusta District Court

Kennebec Superior Court . _____________________________________________ (attach additional pages as needed)

SEE ATTACHED ADDITIONAL PAGES

~I appeal to the Superior Court for a jury trial de novo. The specific facts that show that there is a genuine issue regarding a right to trial by jury are:

SEE ATTACHED ADDITIONAL PAGES __________________________________ __:_ _________ (attach additional pages as needed)

IF YOU ARE THE DEFENDANT, YOU MUST PAY YOUR CURRENT MONTH'S RENT OR THE RENT ARREARAGE, WHICHEVER IS LESS, BEFORE FILING THIS APPEAL. 14 M.R.S. § 6008(2)

3. Check the box that applies: IKJ I have paid to the Plaintiff any unpaid portion of the current month's rent or the rent arrearage; or .0 I have paid the District Court any unpaid portion of the current month's rent or rent arrearage, because

there is a dispute about the rent; or 0 Not applicable, I am the Plaintiff.

4. Check the box that applies: **TRANSCRIPT HAS BEEN PREVIOUSLY ORDERED.**

0 The Transcript Order form is attached. 0 No transcript will be ordered. 0 No electronic or other recording of the proceedings can be prepared for this case. Therefore, a statement

in lieu of transcript will be prepared pursuant to M.R. Civ. P. 76F(c~

Date: SEPT. 5 2014 Signature: ~ ~~ Printed na~e: GINA TURCOTTE

Address: 32 COURT ST APT 1

AUGUSTA MAINE

Personally appeared the above named ___ G_I_NA __ T_U_R_c_o_T_T_E~r-------------=---------~----'7'---+ ) and signed and made oath to the truth of the statements in the ab es', i an , / before me. ' · !) 'I \_ -[ /

Date: SEPT. 5 2014 ~../~(,_.(_,_. ~ \_, b1l f..--, .. ,t!."\-

, ' \

ler ~~2'!ub_li~ttomey at Jaw THIS MUST BE FILED IN THE COURT WHERE THE ORDER WAS ISSUED. YOU MUST PAY THE FILING FEE OR FILE AN APPLICATION TO PROCEED WITHOUT PAYMENT OF FEES AT THE SAME TIME YOU FILE THIS NOTICE OF APPEAL.

NOTICE: This notice must be filed within 30 days of the entry of judgment in the docket or before the issuance of the writ of possession, whichever occurs first.

CV-206, Rev. 04114 Page I of I

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AMENDED NOTICE OF APPEAL AND AFFIDAVIT ADDITIONAL PAGE Page 1 of 3

AMENDED

NOTICE OF APPEAL AND AFFIDAVIT

FORCIBLE ENTRY AND DETAINER

ADDITIONAL PAGE

STATE OF MAINE

SUPERIOR COURT

KENNEBEC, ss.

DOCKET NO: AP-14-56

GREG ROY *

PLAINTIFF *

v *

GINA TURCOTTE *

DEFENDANT *

1. I, GINA TURCOTTE, appeal from the Forcible Entry and Detainer judgment entered

in this proceeding dated AUGUST 20, 2014 in District Court on both questions of

fact to which I have a right to trial by jury in Superior Court and law, successively.

2. First, in order to establish all relevant true facts for future appeals of constitutional

law, I appeal to the Superior Court for a jury trial de novo. The specific facts that

show that there is a genuine issue regarding a right to trial by jury are:

a. Landlord violated his ongoing common law legal duty to disclose all elements of

a rental contract that would impair or alter either party‟s performance, use or

enjoyment of the property; and landlord has a legal duty under the federal Fair

Housing Act, 42 U.S.C. §§3601 et seq. (1999) to continuously offer and provide

reasonable accommodations for Defendant‟s known and documented special

medical housing needs and as a disabled homeless woman of which Landlord

was entirely informed prior to signing the rental contract but he then knowingly

and intentionally discriminated against tenant because of her homelessness

and medical disability status by recklessly, knowingly and maliciously omitting

pertinent material facts from the unconstitutional and unconscionable „at will‟

rental contract which was offered with the intent to defraud tenant and which

in fact directly impacted tenant‟s decision to enter the contract and legal use

and enjoyment of the property, but then Landlord intentionally and repeatedly

retaliated by maliciously breaching Clause #9 of the contract with daily loud

construction work, then intentionally having tenant‟s guest‟s automobile towed

from the assigned tenant‟s private parking space and locking tenant‟s medical

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AMENDED NOTICE OF APPEAL AND AFFIDAVIT ADDITIONAL PAGE Page 2 of 3

therapy device and other personal property in the basement without permission

or authority and without giving tenant any access with intent to deprive tenant

of her medical therapy device and other personal property provoking police

intervention during the tolling of the 30-days leading up to filing the official

eviction action under 30-day notice to quit without citing any rental arrearages,

Landlord‟s willful constructive eviction by breach of the covenant of quiet

enjoyment during tenant‟s weekly religious worship contravening her freedom

of religion, speech and assembly, and then commencing a retaliatory eviction

under 14 MRSA §6002 effectually barring most of tenant‟s legal defenses,

possessory rights and remedies with full awareness that tenant‟s medical

disability therapy devices make finding housing extremely difficult with all the

reasonable accommodations necessary for tenant‟s various medical needs

which mandate easy walking to local essential community services, provisions

for two (2) or more indoor/outdoor emotional therapeutic animals (cats), safe

and uninterrupted provisions for uninhibited possession, use and cultivation of

legally recommended and documented medical cannabis products, devices and

equipment.

There is an ominously high probability Defendant will be physically homeless

and living on the street during winter months if a writ of possession is issued.

b. Second, after final verdict of a jury trial de novo, I appeal to Superior Court on

the following questions of law:

i. All tenancy-at-will rental contracts and 30-day eviction actions without cause

under 14 MRSA §6002 are unconstitutional, unconscionable, discriminatory

in prejudicial favor of landlords and violates Maine Constitution Art. 1, Sec.‟s

1, 4, 6-A, 9, 11, 20, 21, 24 and 5 MRSA §4682 and 17 MRSA §2931.

I AFFIRM THERE IS NO UNPAID PORTION OF ANY PAST, CURRENT, OR FUTURE RENT

PURSUANT TO 14 MRSA §6008(2) BECAUSE ALL RENT HAS BEEN DISCHARGED

UNDER 11 MRSA §2-1407, “… a lessee, on notifying the lessor of the lessee's intention to

do so, may deduct all or any part of the damages resulting from any default under the

lease contract from any part of the rent still due under the same lease contract.”

1 [See Sept. 3 2014 Ex hibits A -D attached to Defendant's Affida vit in Support of Motion for

2 Stay of Writ of Possession for Full Time of Appeal]

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4 3 . I have p aid to the Plaintiff any unpaid portion of the current month 's rent or the rent

5 arrearage either by cash, labor or time and hereby assert no futu re rent is accruing

6 by virtue of my invoking 49 Am Jur 2d Pt 2 Landlord and Tenant, §35 and §36, 11 I

7 MRSA§2-1407 and serving aproper Notice o[Fraud and Nonpayment o[Future Rent

8 on Plaintiff on August 4 and 8, 2014 as evidenced within this record.

9 a. I hereby assert there is untendered cash/ accounts receivable/ credit pending

1 o with Landlord owing to me in the amount of ($2, 72 7. 00) two thousand seven

1 1 hundred twenty seven dollars for my labor and time spent directly assisting

12 Landlord from March- July to the unjust enrichment and benefit of Landlord.

1 3 b. I assert the current rental contract rate of $650 per month is an unfair inflation

14 of the fair market value of the property which is no more than $200 per month

15 inCluding heat and hot water after all facts and legal discounts are correctly

16 counted and applied which would thereby provide me with a large credit in the

17 amount of $2100 after deducting rent already paid ($3500 / $200) = 17. 5mths

18 - 7mths @ $200/ mth = $21 00) notwithstanding the separate credit for time

19 worked of $2 72 7.

2 0 r. I have an untendered total credit of $4 727 with Landlord payable in rent.

2 1 rr. 14 MRSA § 6008(2) requiring payment of rent is inapplicable to this case.

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4. The transcript has already been ordered.

DATED: September 5 , 2014

GINA TURCOTTE

32 COURT STREET APT 1 AUGUSTA

Personally appeared the above named GINA TURCOTIE on this day who signed and

made oath before me to the truth of the state e~ts in the fo7goi7 h1 ;;rye.

DATED: September 5, 2014 A ihM ~ /J1 ~. "-. (g ~lerkjNot~ry P~blic / Attorne~ at Law _;;

AMENDED NOTICE OF APPEAL AND AFFIDAVIT ADDITIONAL PAGE Page 3 of 3

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AMENDED

MOTION FOR STAY OF

WRIT OF POSSESSION

FOR FULL TIME FOR APPEAL

With INCORPORATED

MEMORANDUM OF LAW

MRCivP Rules 7 and 80D(j)(2)

14 MRSA §6008(2)(A)

STATE OF MAINE

SUPERIOR COURT

KENNEBEC, ss

DOCKET NO: AP-14-56

GREG ROY *

PLAINTIFF *

v *

GINA TURCOTTE *

DEFENDANT *

NOW COMES DEFENDANT, GINA TURCOTTE, who Amends her Motion for a

Stay of the Writ of Possession for Full Time for Appeal to Incorporate Memorandum of

Law and Notice of Motion in accordance with Rules 7 and 80D(j)(2) and 14 MRSA

§6008(2)(A).

MRCivP Rule 80D(j)(2) authorizes Superior Court to grant a stay of the writ of

possession for full time for appeal upon Defendant showing grounds for appeal present

genuine issues of material fact or law, which have been clearly evidenced in the record.

There is no unpaid portion of the current month’s rent or rent arrearage because

Defendant has paid the Plaintiff either by cash, labor or time hereby asserting no future

rent is accruing by virtue of Defendant having a credit with Plaintiff and by invoking 49

Am Jur 2d Pt 2 Landlord and Tenant, §35 and §36, 11 MRSA §2-1407, and serving a

proper Notice of Fraud and Nonpayment of Future Rent on Plaintiff on August 4 and 8.

Defendant hereby asserts that there is untendered cash, accounts receivable, or

credit pending with Plaintiff owing to Defendant in the amount of ($2,727.00) two

thousand seven hundred twenty seven dollars for Defendant’s labor and time spent

from March - July directly assisting Plaintiff to his unjust enrichment and sole benefit.

Defendant alleges the current rental contract rate of $650 per month is an unfair

inflation of the fair market value of the property which is no more than $200/month

including heat and hot water after all facts and proper discounts are correctly counted

and applied since its use is restricted, lacks quiet enjoyment, and Defendant’s legal

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use and length and quality of tenancy is directly and severely impaired which thereby

provides Defendant with a large credit in the amount of $2100 after deducting rent

already paid ($3500 /$200) = 17.5mths – 7mths @ $200/mth = $2100) and

notwithstanding the separate untendered credit for time worked of $2727.

i. Defendant has untendered credit of $4727 with Plaintiff, payable in rent.

a. Defendant has credit sufficient to cover seven (7) months’ at $650.

b. Defendant has credit sufficient to cover twenty three (23) months at $200.

ii. Cash payment of rent under 14 MRSA §6008(2) does not apply in this case.

iii. Plaintiff did not allege any rent arrearages or damages of any kind.

Defendant asserts her right to proceed with appeal without payment of current

rent because of her untendered credit with Plaintiff and because of her impoverished,

disabled status and reasonable accommodations with special medical housing needs.

Plaintiff intentionally defrauded, discriminated and retaliated against Defendant.

Plaintiff violated his ongoing common law legal duty to disclose all elements of a

rental contract that would impair or alter either party’s performance, use or enjoyment

of the property; and Plaintiff has a legal duty under the federal Fair Housing Act, 42

U.S.C. §§3601 et seq. (1999) to continuously provide reasonable accommodations for

Defendant’s known and documented special medical housing needs as a disabled

woman of which Plaintiff was entirely informed prior to signing the rental contract but

he then knowingly and intentionally discriminated against Defendant because of her

homelessness and disability status by recklessly, knowingly and maliciously omitting

pertinent material facts from the unconstitutional and unconscionable ‘at will’ rental

contract which was offered with the intent to defraud Defendant and which directly

impacted Defendant’s decision to enter the contract and legal use and enjoyment of the

property, but then Plaintiff intentionally and repeatedly retaliated by maliciously

breaching Clause #9 of the contract with daily loud construction work, then purposely

having Defendant’s guest’s automobile towed from Defendant’s allotted private parking

space and locking Defendant’s medical therapy device and other personal property in

the basement without permission or authority and without giving Defendant any

access with intent to deprive Defendant of her medical therapy device and other

personal property which provoked police intervention during the tolling of the 30-days

leading up to filing the official eviction action under 30-day notice to quit without citing

any rental arrearages, Plaintiff’s willful constructive eviction by breach of the covenant

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of quiet enjoyment during Defendant's weekly religious worship contravening her

freedom of religion, speech and assembly, and then commencing a retaliatory eviction

under 14 MRSA §6002 effectually barring most of Defendant's legal defenses,

possessory rights and remedies with full awareness that Defendant's medical disability

special therapy devices make finding housing extremely difficult given the reasonable

accommodations necessary for Defendant's various medical needs which mandate easy

walking to local essential community services, proper provisions for two (2) emotional

therapeutic animals (cats) who must be allowed to go safely outside , and uninterrupted

provisions for Defendant's uninhibited possession, use and cultivation of her legally

recommended and documented medical cannabis products, devices and equipment.

There is an ominously high probability Defendant will be physically homeless in

Maine and living on the street during winter months if a writ of possession is issued.

49 Am. Jur. 2d, Part 2 Plaintiffand Tenant, §35, established if " ... a lessee

who after the lease has been partly executed discovers fraud practiced by the lessor in

the letting may retain possession and continue with the lease and also maintain an

action for damages for the fraud or enforce an allowance defensively. The lessee is not

restricted to an avoidance of the lease or to an action instituted by the lessee, but may

be entitled to have a reduction of the rent to the extent of his or her injury through the

fraud ... " and

49 Am. Jur. 2d, Part 2 Plaintiff and Tenant, §36 determined "The concealment

of facts known to the lessor and unknown and not obvious to the lessee and which

seriously impair the value of the lease may constitute fraud on the part of the lessor."

Buttnick v Clothier, 43 Wash 2d 667, 263 P2d 266 decided "A lessor's fraud in

failing to tell a lessee of the restricted purposes for which the building could be used

entitled the lessee to maintain an action for damages notwithstanding his affirmation of

the lease."

WHEREFORE, Defendant moves this court to grant a stay of writ of possession

for the full time for appeal pursuant to MRCivP 80DU)(2) and 14 MRSA §6008(2)(A)

without any payment of rent giving consideration for time worked and credit pending.

A~~ / DATED: September 5, 2014

GINA TURCOTTE

32 COURT STREET APT 1 AUGUSTA

1 NOTICE OF MOTION

3 If you want to oppose this motion, you must file a Memorandum in Opposition in

4 accordance with MRCivP 7(c) with the Court Clerk's Office within twenty-one (21) days

5 of the date of the filing of this Motion unless another time is provided by these rules or

6 set by the court. If you fail to file a Memorandum in Opposition to this Motion within

7 twenty-one (21) days in accordance with the rules, it will be deemed a waiver of all

8 objections, and presumed that you do not object to the Motion and the Motion may be

9 granted by the court without a hearing and without further notice to you.

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11 GINA TURCOTIE certifies that a copy of this Amended Motion for Stay of Writ of

12 Possession for Full Time for Appeal with Incorporated Memorandum of Law has been

13 served by first class postal mail on this day upon GREGORY ROY at 389 Costello Road

14 Gardiner Maine .

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DATED: September 5, 2014

GINA TURCOTIE

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NOTICE OF HEARING

STATE OF MAINE

SUPERIOR COURT

KENNEBEC, ss

DOCKET NO: AP-14-56

GREG ROY *

PLAINTIFF *

v *

GINA TURCOTTE *

DEFENDANT *

This is to notify you that a hearing has been scheduled for MOTION FOR STAY

OF WRIT OF POSSESSION FOR FULL TIME FOR APPEAL on _____________________ at

___________ am/pm in _________ Courtroom at the court located at:

KENNEBEC COUNTY SUPERIOR COURT

95 STATE STREET

AUGUSTA MAINE

If you wish to be heard, you must appear, in person or by counsel.

DATE: ___________________ ___________________________________________

Clerk

Cc: GREG ROY, pro se

389 COSTELLO ROAD

GARDINER, MAINE 04345

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ORDER

GRANTING STAY OF WRIT OF

POSSESSION FOR FULL TIME FOR

APPEAL WITHOUT PAYMENT

OF ACCRUED RENT

STATE OF MAINE

SUPERIOR COURT

KENNEBEC, ss

DOCKET NO: AP-14-56

GREG ROY *

PLAINTIFF *

v *

GINA TURCOTTE *

DEFENDANT *

The Court, having considered all Affidavits and supporting Exhibits filed by Defendant

along with all other documents in the record, hereby ORDERS a STAY of Writ Of

Possession for FULL TIME FOR APPEAL pursuant to MRCivP 80D(j)(2) and 14 MRSA

§6008(2)(A), with good cause shown, for the following reasons:

1. Defendant has shown special medical conditions do in fact exist which place her

at imminent risk of grave bodily injury if a writ of possession is issued pending

final conclusion of the appellate process;

2. Plaintiff had full prior knowledge about his ongoing legal duty to provide all

reasonable accommodations under the federal Fair Housing Act 42 USC §3601;

3. Plaintiff’s failure to disclose pertinent information in the written lease pertaining

to uninhabitable conditions of the property violated basic tenets of contract law;

4. Plaintiff requires an at will tenancy with no option for a term;

5. Defendant’s disability status and special housing needs create vital obstacles for

obtaining other suitable rentals;

6. Plaintiff’s Complaint does not make any allegations of rent arrearages;

7. Defendant is given full monetary consideration for her time worked for Plaintiff

which satisfies requirement for payment of rent under 14 MRSA §6008(2).

8. Writ of Possession is STAYED pending final conclusion of the appellate process.

IT IS SO ORDERED.

DATE: __________________________ ___________________________________________

Judge, Superior Court