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1 STATE OF MAINE

2 SUPERIOR COURT
3 KENNEBEC, ss.
4 DOCKET NO:
5 - TRIAL BY JURY DEMANDED -
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GINA LYNN TURCOTTE *
32 COURT STREET, AUGUSTA *
PLAINTIFF *
v. *
GREGORY ROY *
389 COSTELLO ROAD, GARDINER *
DEFENDANT *
VERIFIED
:I 8 B.
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BREACH
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FRAUDULENT
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FRAUDULENT
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INTENTIONAL INFLICJfiON-0F
EMOTIONAL DISTRESS
NEGLIGENT INFLICTION OF
EMOTIONAL DISTRESS
16 NOW COMES PLAINTIFF, GINA LYNN TURCOTTE, sui juris, in good faith, with clean
17 . hands, retaining all natural, common law, civil and statutory rights, no rights waived, right
18 to amend without leave of court reserved, who submits this Verified Complaint for Breach Of
19 Contract, Fraudulent Inducement, and Fraudulent Concealment, Intentional Infliction of
20 Emotional Distress and Negligent Infliction of Emotional Distress.
21 PLAINTIFF reserves all rights and remedies under all other applicable laws for other
22 violations resulting from or committed in conjunction with the causes of action cited herein.
23 PARTIES
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1.
2.
3.
4.
5.
At all times mentioned herein, PLAINTIFF was an occupant at 32 COURT STREET,
UNIT 1, COUNTY OF KENNEBEC, CITY OF AUGUSTA ("The Property").
DEFENDANT is a resident of COUNTY OF KENNEBEC, CITY OF GARDINER who is
doing business as a real estate broker, contractor and landlord for The Property.
BACKGROUND INFORMATION
The rental contract is unconscionable and prejudicial by virtue of its "at will" terms.
DEFENDANT has more than fifteen (15) years' experience as a landlord.
DEFENDANT has engaged in secret negotiations since 2012 or earlier to sell The
Property to CITY OF AUGUSTA for quick demolition to build a courthouse parking lot.
VERIFIED COMPLAINT
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VERIFIED COMPLAINT Page 2 of 7
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6. DEFENDANT knows or should have known he has an implied legal duty of care under
14 MRSA 6021(2), "In any written or oral agreement for rental of a dwelling unit, the
landlord shall be deemed to covenant and warrant that the dwelling unit is fit for
human habitation".
7. DEFENDANT has a legal duty of care under 11 MRSA 2-1210 Express Warranties.
8. DEFENDANT expressly warranted under #9 of the rental contract landlord agrees
not to interfere with the tenants quiet enjoyment and legal use of the residence
EXHIBIT A
9. DEFENDANT acted deceptively, maliciously, unconscionably and in bad faith by
placing public internet advertisements for rental of 32 Court Street in January 2014.
10. DEFENDANT continues to advertise 32 Court Street for rent despite ongoing active
negotiations to sell the property for immediate destruction.
11. DEFENDANT knew The Property did not have a valid occupancy permit at move-in.
12. DEFENDANT knows his building construction and the courthouse construction work
both cause extremely disruptive daily public nuisances, including but not limited to:
A. continuous noise pollution preventing peaceful enjoyment directly causing
mental, emotional and physical torture every day;
B. mental, emotional and physical torture by preventing daily rest and relaxation;
C. extreme physical torture by relentless unpredictable disturbing noises;
D. extreme physical torture by unpredictable construction noises and bangs;
E. extreme mental torture by heavy machinery high-pitched noises;
F. high construction traffic interfering with use of exterior grounds ;
G. loud continuous construction noises interfering with communications;
H. other tortious violations and interferences.
13. DEFENDANT knowingly and intentionally misrepresented the building was habitable
and peaceful for the purpose of inducing PLAINTIFF to rely upon it to her detriment.
14. DEFENDANT intentionally scheduled the first viewing on a Saturday morning when
no construction work was occurring for the purpose of deceiving PLAINTIFF.
15. PLAINTIFF told DEFENDANT she intended to be a long-term tenant at The Property.
16. DEFENDANT intentionally lied to PLAINTIFF about long-term plans for his tenants.
17. DEFENDANT wrongfully concealed his secret negotiations ongoing since 2012 or
earlier to sell The Property for demolition to build a courthouse parking lot.

VERIFIED COMPLAINT Page 3 of 7
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18. DEFENDANT concealed the fact that The Property would be worked on nearly every
day of the week including weekends for the purpose of getting the best sale price.
19. DEFENDANT regularly prevented quiet, peaceful religious worship on the weekends.
20. DEFENDANT wrongfully concealed the material fact that he is not defending his legal
right to possess, to use, to enjoy and continue to receive revenue from The Property.
21. DEFENDANT is wrongfully failing to defend PLAINTIFFs right to use The Property.
22. DEFENDANT purposely concealed significant material facts in order to deceptively
induce PLAINTIFF to enter into and perform under the rental contract.
23. DEFENDANT materially breached the written contract term #9 by maliciously causing
unreasonably loud abrupt building noises, sudden bangs, vibrations, debris, dust,
dirt, and willful malicious encroachments on PLAINTIFFs ability to use The Property.
24. DEFENDANT materially breached the written contract by intentionally and willfully
omitting material facts about the terms of the contract intending to induce PLAINTIFF
to act in reliance upon DEFENDANTs omissions to her detriment.
25. On May 2, DEFENDANT explicitly asked PLAINTIFF to write an official letter to CITY
OF AUGUSTA on DEFENDANTs behalf to publicly reject the $85,000 purchase offer.
26. PLAINTIFF delivered a draft to DEFENDANT on May 3 stating, in part, this will be the
first of many written communications between you and them ... If you want me to be
more forceful in your letter, just give me the green light...
27. On May 4, PLAINTIFF delivered the two-page final draft to DEFENDANT via email.
28. On May 5, DEFENDANT submitted the aforementioned letter as his official rejection
of CITY OF AUGUSTAs purchase offer of $85,000.00 for The Property.
29. On May 3 at 3:45am, PLAINTIFF informed DEFENDANT, I would be willing to sign a
10-year (shorter or longer) lease with you on this apartment... Think about it and print
a new lease for me if you would like to increase the terms of our agreement ...
30. DEFENDANT will unjustly benefit by receiving more money from CITY OF AUGUSTA
upon their purchase of The Property directly resulting from PLAINTIFFs assistance.
31. On June 9, 11 and 12, PLAINTIFF acted as DEFENDANTs agent and showed vacant
apartments to three individual prospective tenants without DEFENDANTs presence.
32. DEFENDANT revealed his fraud and deceit by directly ordering PLAINTIFF to conceal
material facts from prospective tenants about sale and destruction of The Property.
33. On July 3, DEFENDANT admitted, I made it clear to you shortly after you moved in
that if I get my price I will be selling the building.

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34. On July 10, DEFENDANT attempted to deliver an invalid 30 day Notice to Quit which
PLAINTIFF immediately and expressly rejected for fraud.
35. PLAINTIFF served DEFENDANT with the following notices on August 4 (by certified
mail) and August 8 (by first class postal mail): [attached as EXHIBITS B-D]
A. Notice of Fraud and Nonpayment of Future Rent EXHIBIT B
B. Notice of Fraud, Breach and Repudiation EXHIBIT C
C. UTPA Notice of Claim and Demand for Settlement EXHIBIT D
36. On August 11, DEFENDANT caused PLAINTIFF to be served with a fraudulent court
complaint and summons for forcible entry and detainer with a trial date of August 20.
37. DEFENDANT has made no allegations PLAINTIFF breached the contract in any way.
38. PLAINTIFF has not breached the rental contract in any way.
FIRST CAUSE OF ACTION
BREACH OF CONTRACT
39. PLAINTIFF re-alleges and incorporates by reference every allegation contained in the
preceding paragraphs of this Complaint as if fully set forth herein.
40. Through conduct alleged in this Complaint, DEFENDANT materially breached his
implied and expressed legal duties of care to PLAINTIFF that he would not interfere
with PLAINTIFFs quiet enjoyment or legal use of The Property.
41. DEFENDANT breached his common law duty of care to PLAINTIFF to fully disclose all
elements of the rental contract that would materially prevent or impair performance.
42. DEFENDANT materially breached his written rental contract by purposely disturbing
PLAINTIFF's peace and quiet with loud building construction and other work.
43. DEFENDANT materially breached his statutory obligations to defend against any
third party claims that would interfere with PLAINTIFFs legal contractual rights to
occupy, use and enjoy The Property.
44. As a proximate result of DEFENDANTs material breach of contract, PLAINTIFF has
suffered injury and damages in an amount to be determined at trial.
SECOND CAUSE OF ACTION
FRAUDULENT INDUCEMENT
45. PLAINTIFF re-alleges and incorporates by reference every allegation in the preceding
paragraphs of this Complaint as if fully set forth herein.
46. DEFENDANT knowingly made false representations of a material fact with egregious
unconscionability, recklessness and malice indicating The Property is quiet.

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47. DEFENDANT knowingly and recklessly made false representations of a material fact
The Property is quiet which was made recklessly and maliciously with knowledge of
its falsity with intention to induce PLAINTIFF to act in reliance upon it.
48. DEFENDANT directly induced PLAINTIFF to act upon his representations as true
which PLAINTIFF justifiably relied upon having no knowledge they were false and
which was acted upon to PLAINTIFF's damage.
49. DEFENDANTs fraudulent inducement caused PLAINTIFF to pay DEFENDANT three
thousand dollars ($3,000) for rental of a property which is not habitable or quiet.
50. DEFENDANTs fraudulent inducement is directly causing ongoing physical, emotional
and psychological torment.
51. As a proximate result of DEFENDANTs fraudulent inducement, PLAINTIFF has
suffered injury and damages in an amount to be determined at trial.
THIRD CAUSE OF ACTION
FRAUDULENT CONCEALMENT
52. PLAINTIFF re-alleges, and incorporates by reference every allegation contained in the
preceding paragraphs of this Complaint as if fully set forth herein.
53. DEFENDANT has a legal duty of care to disclose the material fact to PLAINTIFF that
The Property is not quiet or peaceful, is in a constant state of construction with loud
disturbances and that her freedoms would be abused by loud noises inter alia.
54. DEFENDANT acted with full intention of inducing PLAINTIFF to act in reliance on the
non-disclosure which was in fact relied upon to PLAINTIFF's detriment causing
PLAINTIFF to spend more than three thousand dollars ($3,000) for rental charges.
55. PLAINTIFF has also suffered extreme physical, psychological and emotional injuries
with damages to be proven at trial.
56. As a proximate result of DEFENDANTs fraudulent concealment, PLAINTIFF has
suffered injury and damages in an amount to be determined at trial.
FOURTH CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
57. PLAINTIFF re-alleges, and incorporates by reference every allegation contained in the
preceding paragraphs of this Complaint as if fully set forth herein.
58. DEFENDANT engaged in outrageous conduct towards PLAINTIFF, with the intention
to cause or with reckless disregard for the probability of causing PLAINTIFF to suffer
severe emotional distress. As a proximate result of said conduct, PLAINTIFF has

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suffered and continues to suffer extreme mental distress, public humiliation, acute
anguish, emotional and physical injuries, as well as economic losses, all to her
damage in amounts to be proven at trial.
59. DEFENDANT committed the acts alleged herein maliciously, fraudulently and
oppressively with the wrongful intention of injuring PLAINTIFF, from an improper and
evil motive amounting to malice and in conscious disregard of PLAINTIFFs rights,
entitling PLAINTIFF to recover punitive damages in amounts to be proven at trial.
FIFTH CAUSE OF ACTION
NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
60. PLAINTIFF re-alleges, and incorporates by reference every allegation contained in the
preceding paragraphs of this Complaint as if fully set forth herein.
61. DEFENDANT knew or should have reasonably known the conduct described herein
would and did proximately result in physical and emotional distress to PLAINTIFF.
62. At all relevant times DEFENDANT had the power, ability, authority, and duty to stop
engaging in the conduct described herein and/or to intervene to prevent or prohibit
said conduct.
63. Despite said knowledge, power, and duty, DEFENDANT negligently failed to act so as
to stop engaging in the conduct described herein and/or to prevent or prohibit such
conduct or otherwise protect PLAINTIFF. To the extent that said negligent conduct
was perpetrated by certain unnamed agents, the DEFENDANT confirmed and ratified
said conduct with the knowledge that PLAINTIFFs mental and physical distress
would thereby increase, and with a wanton and reckless disregard for the deleterious
consequences to PLAINTIFF.
64. As a direct and proximate result of DEFENDANTs unlawful conduct, PLAINTIFF has
suffered and continues to suffer serious emotional distress, public humiliation, acute
anguish, emotional and physical injuries, as well as economic losses, all to her
damage in amounts to be proven at trial.
RELIEF REQUESTED
WHEREFORE, PLAINTIFF moves for the entry of Judgment against the DEFENDANT
for:
1. Actual rent, moving and other costs paid;
2. Noneconomic damages in an amount to be proven at trial;

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3. All such other amounts to be proven at trial;
4. An award of three (3) times the amount of actual damages sustained;
5. Actual costs to bring suit;
6. and for all other further relief which this Court deems just and proper.

DEMAND FOR JURY TRIAL

PLAINTIFF demands trial by jury of all matters so triable as a matter of right.

Executed in Augusta, County of Kennebec, State of Maine on this day.

DATE: AUGUST 20, 2014 _______________________________________________
GINA LYNN TURCOTTE

VERIFICATION
I, GINA LYNN TURCOTTE, verify that I have read this VERIFIED COMPLAINT and the facts
stated herein are true based on my own knowledge, experiences, information, and belief.

Executed under pains and penalties of perjury this day.

DATE: AUGUST 20, 2014 _______________________________________________
GINA LYNN TURCOTTE

CERTIFICATE OF SERVICE

I, GINA LYNN TURCOTTE, certify that I have hand-delivered on this day the
foregoing document to GREGORY ROY at the Augusta District Court.

DATE: AUGUST 20, 2014 _______________________________________________
GINA LYNN TURCOTTE