Ray Corporation Notice of Claim and Request For Settlement Plus Maine Laws

GINA LYNN TURCOTTE
3 WASHINGTON STREET PLACE, UNIT 1

AUGUSTA, MAINE
TENANT's NOTICE of CLAIM
and
REQUEST for SETTLEMENT
EMAILED ON JUNE 3, 2013 TO
RAY CORPORATION , and
HAND DELIVERED on June 3 , 2013
TO: RAY CORPORATION
DATE of NOTICE: June 3, 2013
CLAIM of: BREACH of LEASE
and
BREACH of FIDUCIARY DUTY
to ENSURE SAFETY, HEALTH and WELFARE ofTENANT(s)
DATE(s) of OCCURRENCE: February 8, 2013- June 3, 2013
PLACE(s) of OCCURRENCE: 3 WASHINGTON STREET PLACE, AUGUSTA, MAINE
PERTINENT LEASE CLAUSES: 2 Co-Tenants
8 Use of Property
9 Tenant's Duty to Maintain Premises
11 Noise/Disturbances/ Compliance with Laws
14 Repair and Maintenance
16 Retaliation
19 Legal Proceedings
20 Breach
21 Indemnification
22 Notices
BE ADVISED that ALL LANDLORDS have a legal fiduciary duty to ensure the
SAFETY, HEALTH and WELFARE of each tenant, defined as, "A duty of utmost good
faith trust, confidence, and candor owed by a fiduciary [landlord/ ... to the beneficiary
[tenant/ ... ; a duty to act with the highest degree of honesty and loyalty toward another
person and in the best interests o[the other person ... "
BE ADVISED that I am making a claim against you for BREACH OF LEASE and
BREACH of FIDUCIARY DUTY to ENSURE SAFETY, HEALTH and WELFARE of
TENANT(s) resulting from your actions of contributory negligence in response to
numerous complaints about:
Tyler Robinson and Kecia Gallant, beginning February 8, 2013.
AND
TENANT'S NOTICE of CLAIM and REQUEST for SETTLEMENT Page 1 of25
GINA LYNN TURCOTTE
AUGUSTA, MAINE
TENANT'S NOTICE of CLAIM and REQUEST for SETTLEMENT Page 2 of 25

Scott Randall Andrews beginning May 31, 2013

BE ADVISED that this claim is being made pursuant to 14 MRSA 1602-B.

FACTS AND EVIDENCE

On January 30, 2013, I responded by telephone to a public internet advertisement
you placed on Craigslist under the Rooms/Shared subcategory of rental housing.

I spoke with Bernice with specific regard to the type of payment schedule you require
and the type of tenants with whom I will be sharing my private common living space.

I specifically referenced your advertisement which explicitly stated, and still states,
Respectful and responsible people need only call.

Bernice and I discussed my unwillingness to pay by the month because I was unsure
of the environment of the building and I was unwilling to obligate myself under a
monthly contract if the tenants in the building and with whom I am required to share
my private space are not respectful or responsible.

Bernice said, I am sure we can work something out as you dont know us or the
environment and neither do we know you.

Bernice acknowledged the validity of my concern and agreed to enter a contract with
me on weekly payment terms until such time I decided to become a long-term tenant.

Justin met me at 3 WASHINGTON STREET PLACE on February 1, 2013 at 3:00pm to
show me Unit 1. I selected the front bedroom, nearest the entry door.

While Justin was speaking with me about Unit 1, Tyler Robinson arrived to look at
the second bedroom within Unit 1.

Justin informed me that Tyler Robinson and his girlfriend Kecia Gallant would be
living in the other bedroom within Unit 1, beginning that day, February 1, 2013.

Justin accepted a deposit from me in the amount of one hundred twenty dollars
($120.00) which represented one weeks deposit of $105.00 and $15.00 toward first
weeks rent of one hundred five dollars ($105.00) leaving a balance of $90.00.

Justin and I agreed my tenancy would begin on February 8, 2013, and in fact it did.

My first complaint was sent to you via email at 4:39pm on February 16, 2013:

GINA LYNN TURCOTTE
AUGUSTA, MAINE

I hate to have to send this to you so soon but there is a problem with Tyler and
Keisha respecting my personal property.

I expressly stated to them recently that my property is NOT for their use although
I put some of my items in the kitchen and bathroom.

I also expressly indicated that my food was NOT for their consumption and they
need to provide for their own needs.

Unfortunately, Tyler and Keisha seem to think that whatever items are in the
common area of the apartment are for their use.

Tyler has intentionally eaten my food and used my property after being
specifically told to leave my possessions alone.

I have told them both that I consider their use of my items to be THEFT and I will
NOT tolerate any type of disrespect to my possessions nor will I allow my right to
live peacefully and quietly in this building to be violated by their attitude of
entitlement.

I have never dealt with a situation like this before and would appreciate your
help to immediately resolve this problem before it becomes a serious issue.

I await your feedback.

I never received any written or verbal response from RAY CORPORATION.

My second complaint was sent to you via email at 11:21pm on February 17, 2013:

Now, sadly, referring back to our first conversation regarding respectful and
responsible people only living in your buildings, I am writing to let you know that
my roommates are not respectful to either me or you, nor are they responsible
adults.

Specifically:

1 they do not turn the lights off despite being asked SEVERAL times to be
respectful of the benefit weve been provided.
2 they insist leaving the bathroom light on 24/7 AND their bedroom light is
always on We discussed using a nightlight instead which they still have not
purchased.
3 they NEVER wash the kitchen counters or bathroom sink/toilet after
leaving food crumbs or cigarette ashes wherever they fall.
4 the bathroom sink always has cigarette ashes in it because they are too
lazy to use an appropriate ashtray.
5 they have already observed ants eating their food crumbs on the
countertop but they still refuse to clean up after themselves.
6 they NEVER washed any of my dishes which they were allowed to use
and left several of them in their bedroom with food in them.
GINA LYNN TURCOTTE
AUGUSTA, MAINE

7 their behavior will be a magnet for rodents and vermin during warmer
weather.
8 I have since revoked their privilege to use my property because of their
blatant disrespect.
9 After being told they had lost the privilege to use my property, Tyler
intentionally ate my food and used my property to cook it When he was
confronted with his blatant disrespect, his response was oh, sorry as if to say
he did not know he couldnt eat my food or use my property I told him that his
behavior was theft and would be reported to you immediately
10 I removed ALL of my property from the common area except my food in the
cupboards and refrigerator, but I specifically designated certain areas of the
kitchen and fridge for my items and have specifically told them both, If you
didnt buy it, dont touch it
11 Because they sleep ALL DAY and are awake ALL NIGHT, they make A LOT
of noise in the early hours of the morning (2 6am) including pounding, banging
and other loud noises They bang doors and generally have no respect for other
peoples right to peace and quiet

Justin responded 11:29am on February 19, 2013 stating,

we read your email and want you to know that we can put a mini fridge in your
room, and try to get it so that you can keep everything in your room Also I will
talk to Tyler and his girlfriend about all this Hopefully we can make it so that you
can get most of your items in your room, and possibly settle this dispute We want
to make it so that shared living will work well for you both so that everyone can
live good and save money

I sent a text message to Justin at 2:54am on February 23, 2013 indicating Tyler and
Kecias behaviors had woken me from a sound sleep at 2:45am because they were
drunk, fighting, slamming doors and disrupting the building.

I sent an email to Justin at 5:14am on February 23, 2013:

I sent you a text message at 2:54am because I was woken from a sound sleep by
slamming doors at 2:45am which provoked a heated verbal confrontation.

They both were drunk.

Keisha had to be physically dragged away from my door by Tyler because she
was getting ready to provoke a physical confrontation.

They are making wild accusations about Keisha being highly allergic to the cats
(despite specifically telling me that she was not allergic when I asked them about
it the day I moved in) as well as other slanderous statements which are
completely fabricated and untrue They are obviously going to say whatever they
can to try to level the playing field since they have now gotten themselves into
trouble.

GINA LYNN TURCOTTE
AUGUSTA, MAINE

I hope you can see that giving this any time to work itself out will most probably
escalate into something much more serious than it is now.

They need to leave.

Now that Im back in my hometown I can get a job to supplement my income
because I really do NOT want to have a roommate.

How much would it cost me to rent this entire apartment?


I sent an email to Ray Corporation and Justin at 3:22am on February 24, 2013:

Dear Bernice and Justin,

First, I need to reiterate your declaration about Respectful and responsible
people need only call.

As I told Justin the other day, that message was the catalyst that convinced me
to call and agree to move in.

However, my experiences with my roommates have been contrary to that
condition and I am now making plans to move out asap.

I do not lodge worthless complaints about neighbors or co-tenants; I make
statements only when their behaviors are obviously disrespectful and interfere
with my right to live peacefully.

Since I have been here for the past three weeks, it has become obvious that Tyler
and Keisha do not have respect for their housemates nor for their landlords Their
behaviors are disrespectful, immature, irresponsible and borderline dangerous.

If you truly want only respectful and responsible people in your buildings, you
will give my complaints the consideration they deserve.

When a situation like this occurs, the ONLY people who know the truth about the
troublemakers are the people who live with the troublemakers It is impossible for
anyone else to know the situation unless they are living with it personally.

It seems to me that the only time a situation is changed is when the decision-
maker (landlord) lives with the troublemakers personally.

Otherwise, the only people who know the truth are the people who are
complaining about the problems and the people who are creating the problems
The end result is always the same someone moves out because of the
troublemakers behaviors.

My rent is due this week.
GINA LYNN TURCOTTE
AUGUSTA, MAINE

I was originally planning to pay for the entire month of March, but I am now
considering a different choice because of my roommates.

I am a responsible and respectful adult who is looking for a quiet, peaceful and
respectful place to live If I cannot find that at 3 Washington Street Place, I will
find another place to live immediately.

If March 1st arrives and Tyler and Keisha are still living here, I will be paying my
rent by the week only so I can have money to immediately find another
apartment for just myself.

Would you be willing to rent this entire apartment to me? If yes, how much would
my monthly rent be ?

Thank you for your attention to this situation.

Gina Turcotte


I sent an email to Ray Corporation at 8:19am on March 4, 2013:

I told Justin that I was not going to complain anymore because I feel my
complaints are being totally ignored

However, this morning at 8:08am, I heard Tyler assault Keisha in their room and
I heard Keisha say, oh you wanna punch me now?? Go ahead! Punch me
again!!

I also felt the building shake just before i heard Keisha speak to Tyler

How much more disrespect has to occur before you will enforce YOUR lease terms
??

I feel VERY UNSAFE here now that I know for a fact that Tyler HITS WOMEN !!!!!

Do I need to file a civil lawsuit against Tyler, Keisha and anyone else who is
breaching the lease terms ??

Please advise immediately before I make my next decisions


This was recorded at 2am on March 3rd after I was awoken by drunken Keisha,
Tyler and 3 of their DRUNK friends FIGHTING in the kitchen

I opened the door to my room and VERY QUIETLY and RESPECTFULLY asked
them to please be quiet Their 3 friends left immediately and Keisha and Tyler
GINA LYNN TURCOTTE
AUGUSTA, MAINE

went into their room and continued to fight, which I recorded for your listening
pleasure

A HIGHER STANDARD of respect needs to be exercised in a shared living
situation and your help is required to remove the violence and unsafe conditions
from this property immediately

Here is the link to the recording
http://peacividspeacivistorg/audio/3SH11DY49KB4/Keisha-and-Tyler-fighting-
at-2am-on-March-3-2013



Tyler and Kecia were fighting again this morning at 3am

They were so loud that someone else in the building called the police

Tyler is a VIOLENT LIAR who hits women

How much longer are you going to allow him to stay here?

I recorded this mornings events for your review

http://peacividspeacivistorg/audio/RMDGXXAXMY9N/Tyler-amp-Kecia-Fighting-
at-3am-March-14-2013

Ray Corporation responded at 9:06am on March 14, 2013:

he has been given an eviction notice a week ago however the legal
system takes time we truly are working on it sorry for the inconvenience

Brandon telephoned me at 12:30pm on March 28, 2013 to discuss various items
including my recent interactions with Tyler Robinson and Kecia Gallant.

Brandon indicated that he had spoken with Tyler Robinson who indicated things
were calm between us for the past couple weeks.

I clarified for Brandon that the calmness only existed because I removed all of my
personal possessions from all common areas and that I made a point to stay in my
room when Tyler and Kecia are in the common space.

Brandon indicated that Ray Corporation does not want to be known as landlords who
rent to tenants who attract the police and that Ray Corporation in fact were going to
move forward with the eviction notice which had been served on Tyler Robinson on or
about March 7, 2013, as indicated by Ray Corporations email of March 14, 2013.

GINA LYNN TURCOTTE
AUGUSTA, MAINE

I overheard Justin speaking with Tyler Robinson and Kecia Gallant on March 29,
2013 offering to move them into a different building until Tyler and Kecia objected.

I then overheard Justin speaking a second time on March 29, 2013 with Tyler
Robinson and Kecia Gallant offering to move them into Unit 3 in this building until
those tenants (Lance and Beth) objected.

I then overheard and observed Justin give Tyler Robinson a key to Unit 2 on March
29, 2013 and observed Tyler Robinson and Kecia Gallant move some of their
possessions upstairs that evening.

I sent an email to Ray Corporation at 7:15pm on March 30, 2013:

So what is the real story with Tyler and Kecia??

In the past 72 hours Ive been told or heard 4 DIFFERENT stories

On Thursday last week, Brandon called and told me they were being evicted
because Ray Corp doesnt want to be known as landlords who rent to people
who attract the police

On Friday I heard Justin offer to move them to a different building up the street
then he offered to move them into Unit 3 in this building until those tenants
objected and then he gave them the key to an upstairs room instead I saw
them move some stuff upstairs that night but now I am hearing them say THEY
ARE NOT MOVING ANYWHERE

WHAT IS THE REAL STORY?

Do you seriously believe that Tyler and Kecia will be any quieter or more
respectful upstairs than they are downstairs?

The only difference will be the people upstairs probably will not record the fights
for you to hear for yourself so there will be no evidence for you to base your
decision on, except the calls to the police perhaps

Is my evidence not enough for you to follow through with the eviction based on
their obvious breach of the lease and disrespect for the people in the building?

This is a serious matter which I hope you resolve appropriately and immediately
as I was told by Brandon last week and via email earlier this month

Ray Corporations choice to continue to rent to Tyler Robinson is a direct and
serious threat to the safety of the women on the property and a serious
disturbance to everyones peace and quiet

Gina Turcotte

GINA LYNN TURCOTTE
AUGUSTA, MAINE

PS Tyler and Kecia continue to slander my name to you and the other tenants on
the property by saying that I have broken into their room THREE TIMES (which is
a felony crime) and that I have broken the microwave and done other destructive
actions when there is not a shred of evidence or motive for that kind of behavior
from me

I will be serving them with a CEASE AND DESIST letter in the very near future
advising them that if they continue to slander my name they will be facing a civil
lawsuit for defamation of character and injury to my dignity which are both
actionable causes

Please heed this situation with Tyler and Kecia with the seriousness it requires

I overheard Justin speaking with Kecia Gallant INSIDE MY UNIT on April 8, 2013
where Kecia was making slanderous and defamatory allegations of a criminal nature
against me.

I sent an email to Ray Corporation at 12:28pm on April 9, 2013 attaching each copy
of the FORMAL LEGAL NOTICE to CEASE and DESIST DEFAMATORY REMARKS
and NOTICE OF BREACH OF LEASE which were personally delivered that morning to
Tyler Robinson and Kecia Gallant:

After enduring and witnessing yet another slanderous and defamatory attack by
Kecia yesterday while she was speaking with Justin inside my apartment , I had
no other choice but to serve both Tyler and Kecia with the attached notices this
morning I handed them to Kecia personally

One notice is informing them of their breach of the lease terms, particularly
Section 11, and the second notice is my formal legal notice ordering them to cease
and desist making further defamatory remarks about me

Since you have chosen to reaffirm your business contract with Tyler and Kecia
and have allowed them to continue to live here, I have been forced to take the
situation into my own hands to protect my name and reputation

I have attached 4 documents to this message 2 documents for each Tyler and
Kecia For your eyes and information only

After they arrived home from work this morning, they removed their bicycles and
beer bottles from my porch but intentionally left the bed frame and boxspring
dangerously in front of my entrance door

So when I awoke at 5:30am this morning and opened my front door, this is what
I found:

<< photo of boxspring and frame blocking outside entry door >>

I have moved the boxspring and frame back to the side of the porch

GINA LYNN TURCOTTE
AUGUSTA, MAINE

Your response is not necessary

I sent an email to Ray Corporation at 2:52pm on April 18, 2013:

As I told Justin earlier this month, the IRS has recently taken unlawful action
against me and has confiscated a portion of my monthly income which now
cannot be resolved until I request the proper hearing and procedures their
confiscation put me in a financially difficult situation in that I am now late on my
rent for the past 2 weeks of this month which I cannot pay until May 3rd when I
receive my next deposit

In trying to resolve this problem, I am asking if you are willing to give me at least
a partial credit toward my April rent in consideration of the unnecessary, violent,
disturbing and breaching behaviors of Tyler and Kecia and how that has
interfered with my right to live peacefully as guaranteed by your lease agreement

If you are not willing to grant me that consideration, I am willing to pay a
reasonable additional rent each month to avoid eviction proceedings

It is important that you know that Tylers and Kecias disruptive behaviors have
continued despite being given adequate warnings and being allowed to move into
Unit 2

Specifically, I was once again awoken by Tyler, Kecia, and 3 of their friends who
were outside in the yard at 3am this past Saturday PHYSICALLY FIGHTING
behind the dumpster

The very next day I heard Kecia at 3:15am screaming at Tyler and slamming
doors in Unit 2

Tyler and Kecia are the only tenants who disturb the peace of this building but
you continue to allow them to live here, primarily because of their timely rent
payments despite the numerous reasonable complaints lodged against them

I have not said anything to either Tyler, Kecia or anyone on the property about
the disruptive noises I am hoping Priscilla has been reporting the noises to you as
I am sure her peace is now being disrupted

Since I am now in a difficult situation, I am asking that you show me some
consideration and either forgive some of my rent or allow me to make reasonable
arrangements to pay my rent without putting unnecessary strains on my budget
or subjecting me to eviction proceedings

I can afford to pay up to, but no more than, $50/mth toward the $315 I owe you
for April 2013 rent

I plan to give you a check for no less than $420 on May 3rd for the rent that
would be currently owed at that time

GINA LYNN TURCOTTE
AUGUSTA, MAINE

Please let me know how you want to handle this situation

Thank you for your consideration

I received an email from Bernice on April 22, 2013, acknowledging, in part,

We know that the fellow tenants have been difficult We are also being gracious
to you in allowing your back rent to accumulate We will wait until the 3rd, for
rent and will allow you to catch up on the back rent at an extra $30 per month, or
until confiscated funds have been returned

Ray Corporation unreasonably disregarded an opportunity to resolve your BREACH OF
LEASE by rejecting my request for forgiveness of the alleged rent arrearage of $315.

I sent an email to Ray Corporation at 4:32pm on April 22, 2013 agreeing to make
extra payments for the alleged rent arrearage to avoid eviction proceedings:

Thank you for your response and grace. I will pay you $450 on May 3rd
which will represent a full month for $420 plus $30 toward the $315 owed

I sent an email to Ray Corporation at 6:44am on April 28, 2013:

As I predicted, Tyler and Kecia are still going at it and the police JUST left
because of their fighting again

The time is 6:40am

Tyler and Kecia have been fighting ALL WEEKEND and Tyler has been assaulting
Kecia ALL WEEKEND

My new roommate, Lawrence, heard it for himself between 1a 3a yesterday
morning

WHEN ARE YOU GOING TO UPHOLD YOUR LEASE TERMS WITH TYLER AND
KECIA AND EVICT THEM FOR VIOLENT DISTURBANCES TO THE BUILDINGS
PEACE AND QUIET ???????

YOU ARE HEREBY NOTIFIED THAT RAY CORPORATION IS NOW IN BREACH OF
CONTRACT

You have 30 days to evict Tyler and Kecia and MOVE THEM OUT or face civil
lawsuit for BREACH OF CONTRACT with me

Ray Corporation did not communicate with me about evicting Tyler and Kecia leading
me to believe, through their lack of communication, that they are maintaining their
professional relationship with Tyler Robinson and Kecia Gallant despite the breach.

GINA LYNN TURCOTTE
AUGUSTA, MAINE

On May 25, 2013 at 12:30pm, I observed Justin personally helping Tyler Robinson
remove Tylers possessions from Unit 2, load them into Justins personal pickup
truck and transport them off the property.

I have not received any communications from Ray Corporation indicating compliance
with your lease terms and the effective eviction of Tyler Robinson and Kecia Gallant.

Based on the factual information I have, it is reasonable to conclude that Justin
moved Tyler Robinson and Kecia Gallant into another Ray Corporation building.

I sent an email to Ray Corporation at 11:24pm on June 1, 2013:

Do you realize the man you just rented the loft to on Friday, Scott Randall
Andrews, is a REGISTERED SEX OFFENDER CONVICTED OF 3 SEX
OFFENSES ??????

Do you understand that YOUR ACTIONS BREACH OUR CONTRACT AND
PUT ALL WOMEN AND CHILDREN IN THE BUILDING AT RISK FOR
SERIOUS INJURY ???????

DO YOU UNDERSTAND HOW UNSAFE THIS BUILDING IS NOW THAT
SCOTT RANDALL ANDREWS LIVES HERE ????

YOU HAVE BREACHED YOUR DUTY TO KEEP ME SAFE FROM ANY
HARM.

I AM SUSPENDING AND DISCHARGING ALL RENT PAYMENTS WHILE
SCOTT RANDALL ANDREWS LIVES IN THIS BUILDING AS A RESULT OF
YOUR BREACH.

http://sor.informe.org/cgi-
bin/sor/step3.pl?id=1553&search=1&last_name=ANDREWS&first_name=
SCOTT&limiter=

Individual Profile

Name: Scott Randall Andrews
Aliases: Scott Randall Anderson , Randall thurlow Andrews , Scott P
Andrews
Scott Paul Andrews , Scott R Andrews , Scott Andrews
Scott andrew Andrews , Randall Scott , Randal Thurlow
Randall P Thurlow , Randall Paul Thurlow , Randall Thurlow
Randy Thurlow , Scott Thurlow , Randall aka scott Paul Thurlow aka
andrews
Randallakascott Paul Thurlowakaandrews

GINA LYNN TURCOTTE
AUGUSTA, MAINE

Date of Birth: 11/11/1959

Physical Description:
5' 10" tall
222 lbs
54 years of age
Blue eyes
White Male
Physical:
90 Mt Vernon Ave
Apt 1 Box 1
Augusta, ME 04330 Kennebec County
Address last verified on: 04/10/2013
Place of employment: Joe Bonney
Employment Location:
middle Rd
Sidney, ME 04330 Kennebec County
SORA#: 1553
Registrant Type: LIFETIME REGISTRANT
Verification Period: 90 Days
Next Verification Date: 2013-06-05

Convictions

Statute: 17-A MRSA (253)(1)(A)
Offense: Gross sexual assault
Statutory Description: Engage in a sexual act as a result of compulsion.
Modifier: Attempt
Case #: CR-1993-00692
Court: Superior Court Portland

Statute: 17-A MRSA (253)(2)(H)
Offense: Gross sexual assault
Statutory Description: Engaging in a sexual act with another person and
the other person has not in fact attained the age of 18 years and the actor
is a parent, stepparent, foster parent, guardian or other similar person
responsible for the long-term care and welfare of that other person.
Modifier: Attempt
Case #: CR-1993-00692

Statute: 99 MRSA
Offense: Rape
Modifier: Attempt
Case #: CR 81-1473
GINA LYNN TURCOTTE
AUGUSTA, MAINE

I sent an email to Ray Corporation at 8:00am on June 2, 2013:

Since RAY CORPORATIONS has callously and selfishly served your own
needs and have blatantly disregarded the safety needs of the women and
children in the building, I have posted the following notice on the FRONT
OF THE BUILDING to let EVERYONE KNOW there is a VIOLENT
RAPIST/SEX OFFENDER LIVING AT 3 WASHINGTON STREET PLACE, UNI
2, LOFT.

BE ADVISED YOU ARE IN BREACH OF YOUR LEASE AND FIDUCIARY
DUTY TO KEEP US SAFE.

BE ADVISED THAT ALL RENT PAYMENTS ARE HEREBY SUSPENDED AND
DISCHARGED FOR THE ENTIRE TIME THAT SCOTT R. ANDREWS LIVES
IN THIS BUILDING.

BE ADVISED that the facts articulated above DO IN FACT ILLUSTRATE RAY
CORPORATIONS WILLFUL, KNOWING, MALICIOUS BREACH OF LEASE AND
BREACH OF YOUR FIDUCIARY DUTY TO ENSURE THE SAFETY, HEALTH &
WELFARE OF ALL TENANTS IN ALL RAY CORPORATION BUILDINGS, WITHOUT
EXCEPTION.

BE ADVISED that the facts articulated above DO NOT REPRESENT the totality of
disturbances within the building, but only depict complaints I have made to you
about Tyler Robinson, Kecia Gallant and Scott Randall Andrews.

PERTINENT LEASE TERMS

BE ADVISED these LEASE TERMS are PERTINENT to this NOTICE OF CLAIM:

2 Co-Tenants: Tenant expressly agrees to perform the obligations and make the
payments required under this lease without regard to any performance by any other
co-tenant.

8 Use of Property: Noactivityconducted, which is illegal, noisy or dangerous.

9 Tenants Duty to Maintain Premises: The Tenant will keep the dwelling unit
in a clean and sanitary condition and free from vermin and rodents and will otherwise
comply with all state and local laws requiring tenants to maintain rented premises

11 Noise/Disturbances/Compliance with Laws: The Tenant agrees not to allow
on the premises any excessive noise or other activity which disturbs the peace and
quiet of neighbors or other Tenants in the building. The Landlord agrees to prevent
other Tenants and other persons in the building or common areas from similarly
GINA LYNN TURCOTTE
AUGUSTA, MAINE

disturbing the Tenants peace and quiet. Tenant shall not engage in any activity which
is a violation of law, whether Federal or State, or any municipal ordinance and any
such activity shall be grounds for immediate termination of this lease.

14 Repair and Maintenance: The Landlord will provide and maintain the building
and grounds appurtenant to the dwelling unit in a decent, safe and sanitary condition
and will comply with all state and local laws, regulations and ordinances concerning
the condition of the dwelling units which at a minimum must be maintained in a
decent, safe and sanitary condition The Tenant will notify the Landlord of dangerous
conditions or the need for repairs on the premises, and will guard against loss or risk to
himself and others until such time as the Landlord has had a reasonable opportunity to
address the problem Tenant is responsible for cleaning his or her separate bedroom
and any dishes and soiling, he or she may do, in the common area.

16 Retaliation: If the Tenant reasonably and peacefully exercises any right granted
under this Lease Agreement or any local, state, or federal law, the Landlord agrees not
to retaliate against or harass the Tenant in any way, specifically including but not
limited to eviction or threat of eviction, rent increase or services decrease, or substantial
alteration of lease terms.

19 Legal Proceedings: If either party commences a lawsuit against the other to
enforce any provision of this Agreement, the successful party may be awarded
reasonable attorneys fees and court costs from the other.

20 Breach: Any violation of the provisions of this Agreement by the Tenant will be
deemed to be a breach of the lease Tenant will be subject to forcible entry and
detainer action (eviction), as well as suit for damages Any false or misleading
information provided by the Tenant in an application for tenancy will be considered a
breach of this agreement and the Landlord will have the right to cancel and terminate
this agreement immediately and all deposits will be forfeited in favor of the Landlord as
liquidated damages.

21 Indemnification: Tenant agrees to defend, indemnify and hold the Landlord
harmless from any loss, damage, claim demand, suits, judgment or liabilities unless
such loss or damage was occasioned by the negligence of the Landlord or its agents.

22 Notices: All notices required by this Agreement will be in writing and will be given
to the other party as follows: To the Landlord: 571 Sabattus St, Lewiston, ME 04240.

MAINE LAWS and RULES OF CIVIL PROCEDURE

BE ADVISED these LAWS and RULES are PERTINENT to this NOTICE OF CLAIM:

<< see attached addendum >>

GINA LYNN TURCOTTE
AUGUSTA, MAINE

LIABILITY

Ray Corporations liability is outlined below, pursuant to the following clauses of
your lease terms, Maine laws and rules of civil procedure:

The FACTS and EVIDENCE articulated above, substantiates that Ray Corporation
claims to do business with Respectful and responsible people only and that Ray
Corporation did in fact make an express warranty to that effect pursuant to 11
MRSA 2-313 and 2-1210 as well as indicating the premises shall be deemed to
covenant and warrant that the dwelling unit is fit for human habitation pursuant to
14 MRSA 6021(2) which was posted in an advertisement addressed to the public or
to a substantial number of persons, in connection with the promotion of [your] business,
occupation or profession or to increase the consumption of specified property or service
pursuant to 17-A MRSA 901(1)(G).

Ray Corporation, advertised, offered and entered an at will consumer lease contract
with me under weekly payment terms of $105.00 with $105.00 security deposit and
the understanding that my continued tenancy would be contingent upon the good
behaviors of the building tenants and Ray Corporations responses and remedies.

Ray Corporation and I perfected our lease contract for $105.00 per week through our
repeated, mutual performance based on those specific terms.

Ray Corporation evidently and immediately breached our contract through allowing
Tyler Robinson and Kecia Gallant to disrupt the peace and quiet of the entire
building and placing me at risk for physical, emotional and legal injury resulting from
Tyler Robinson and Kecia Gallants unlawful, violent and dangerous behaviors.

The FACTS and EVIDENCE, articulated above, substantiates the fact that I in fact
renounced my intention to make monthly rent payments resulting from your breach
by refusing to protect my SAFETY, HEALTH and WELFARE and to ensure peace.

11. Noise/Disturbances/Compliance with Laws: The Landlord agrees to
prevent other Tenants and other persons in the building or common areas from
similarly disturbing the Tenants peace and quiet

The FACTS and EVIDENCE, articulated above, indicate that, from February 16,
2013 through May 25, 2013, I lodged numerous valid, reasonable and actionable
complaints to you and the Augusta Police Department against Tyler Robinson and
Kecia Gallant for several violations of your lease terms and various Maine laws,
including, but not limited to:
17-A MRSA 151 CRIMINAL CONSPIRACY,
17-A MRSA 207-A DOMESTIC VIOLENCE ASSAULT,
17-A MRSA 209 CRIMINAL THREATENING,
GINA LYNN TURCOTTE
AUGUSTA, MAINE

17-A MRSA 209-A DOMESTIC VIOLENCE CRIMINAL THREATENING,
17-A MRSA 211 RECKLESS CONDUCT,
17-A MRSA 211-A DOMESTIC VIOLENCE RECKLESS CONDUCT,
17-A MRSA 501-A DISORDERLY CONDUCT

The FACTS and EVIDENCE, articulated above, substantiates that Ray Corporation
did in fact breach Clause 11, numerous times, in your willful and unreasonable
refusal to notify Tyler Robinson and Kecia Gallant of their breach of lease terms, or
immediately evict them for violating Maine laws, because, as you said many times,
they pay their rent like clockwork.

Ray Corporations willful and unreasonable refusal to enforce Clause 11, prejudicially
in favor of Tyler Robinson and Kecia Gallants timely rent payments, did in fact disturb
my peace and did seriously and materially endanger my SAFETY, HEALTH and
WELFARE which did in fact cause me serious physical and emotional injury.

Ray Corporation (Brandon) did in fact lie to me on March 28, 2013 when he called to
tell me Tyler Robinson and Kecia Gallant were being evicted because Ray Corporation
does not want to be known as landlords who rent to tenants who attract the police.

Ray Corporation (Justin) then affirmed your business relationship with Tyler
Robinson and Kecia Gallant on March 29, 2013 by giving them a different key and
allowing them to move into Unit 2.

Ray Corporation knew, or should have known, that your act of giving Tyler Robinson
and Kecia Gallant a different key for a different unit in the building, or any building
under Ray Corporations ownership, was effectuating a new lease contract and in fact
did nullify the eviction action previously begun against them.

Ray Corporation (Justin) has been witness to the barrage of slanderous and
defamatory criminal accusations against me by Tyler Robinson and Kecia Gallant in
their attempt to prejudice you in their favor, which evidently worked for three months
resulting in unjust enrichment for Ray Corporation.

14 Repair and Maintenance: The Tenant will notify the Landlord of
dangerous conditions and will guard against loss or risk to himself and others until
such time as the Landlord has had a reasonable opportunity to address the problem

The FACTS and EVIDENCE show that I sent you an email on February 16, 2013 at
4:39pm stating, in part, I have never dealt with a situation like this before and would
appreciate your help to immediately resolve this problem before it becomes a serious
issue., and another email was sent to you on March 4, 2013 at 9:11am stating, in
part, at 2am on March 3rd I was awoken by drunken Keisha, Tyler and 3 of their
DRUNK friends FIGHTING in the kitchen ... A HIGHER STANDARD of respect needs to
GINA LYNN TURCOTTE
AUGUSTA, MAINE

be exercised in a shared living situation and your help is required to remove the
violence and unsafe conditions from this property immediately.

The FACTS and EVIDENCE show that I served Tyler Robinson and Kecia Gallant,
individually, on April 9, 2013, with a FORMAL LEGAL NOTICE to CEASE and
DESIST DEFAMATORY REMARKS and NOTICE OF BREACH OF LEASE.

Ray Corporation received a copy of those notices to Tyler Robinson and Kecia Gallant,
with a comment from me, stating in part, Since you have chosen to reaffirm your
business contract with Tyler and Kecia and have allowed them to continue to live here,
I have been forced to take the situation into my own hands to protect my name and
reputation.

Ray Corporation demonstrated preferential and prejudicial behavior in favor of Tyler
Robinson and Kecia Gallant by allowing them to move into Unit 2 despite abundant
evidence of their illegal, violent and breaching behaviors.

Ray Corporation did in fact receive complaints from Priscilla, the other female tenant
in Unit 2, immediately upon Tyler Robinson and Kecia Gallant moving into that space
on April 5, 2013.

Ray Corporation did in fact start to receive complaints from more than one tenant in
the building upon moving Tyler Robinson and Kecia Gallant into Unit 2.

Ray Corporation did in fact maliciously ignore the multiple complaints by Priscilla,
myself and the other tenants about Tyler Robinson and Kecia Gallant in favor of Tyler
Robinson and Kecia Gallant because they pay their rent like clockwork.

Ray Corporation did in fact conspire with Tyler Robinson and Kecia Gallant
essentially allowing them to cause continuous, violent, and dangerous disturbances
to my peace, safety, health and welfare which did in fact cause me serious physical,
emotional and financial injury.

Ray Corporation did in fact receive unjust enrichment for thirteen (13) weeks at $120
per week in the total amount of $1,560.00 which they received in rent payments from
Tyler Robinson and Kecia Gallant as a direct result of Ray Corporation conspiring
with Tyler Robinson and Kecia Gallant to allow them to continue living in this
building without any sanctions for their illegal, violent and breaching behaviors.

Ray Corporation evidently favored timely rent payments above all else and gave no
regard whatsoever to the emotional distress caused by Tyler Robinson and Kecia
Gallants illegal, violent and breaching behaviors and how those behaviors did in fact
cause serious emotional distress and physical injury to me and the other tenants.

GINA LYNN TURCOTTE
AUGUSTA, MAINE

I sent an email to Ray Corporation on April 18, 2013 asking, in part, I am asking if
you are willing to give me at least a partial credit toward my April rent in consideration
of the unnecessary, violent, disturbing and breaching behaviors of Tyler and Kecia and
how that has interfered with my right to live peacefully as guaranteed by your lease
agreement.

Ray Corporation willfully and strategically chose to ignore my settlement offer and
instead did threaten me with an unfair inference of eviction by responding, in part,
According to our records your last payment was April 4th. By May 3rd you will owe
$420. Typically we would begin the eviction process by this time. However, you
have shown yourself in the past, to be a person who pays their rent. I remember when
you first went in I asked for the entire month up front (as is typical when their is a
monthly check) but made an exception because you claimed you paid on a weekly
basis at your previous rent, and handled your finances wellWe know that the fellow
tenants have been difficult. We are also being gracious to you in allowing your back
rent to accumulate. We will wait until the 3rd, for rent and will allow you to catch up
on the back rent at an extra $30 per month.

As I told Ray Corporation in the April 18
th
email, If you are not willing to grant me
that consideration, I am willing to pay a reasonable additional rent each month to
avoid eviction proceedings.

Again in my response on April 22
nd
after observing your unwillingness to show me
the same amount of grace as you showed Tyler Robinson and Kecia Gallant, I agreed,
I will pay you $450 on May 3rd which will represent a full month for $420 plus $30
toward the $315 owed.

As agreed, I made a payment by check on May 3, 2013 in the amount of $450.00
which in fact cleared my bank on May 7, 2013, which constituted $315 for the
remainder of April rent, now paid in full, and $135.00 toward May rent, with a
balance allegedly currently owed of $285.00 as of May 31, 2013.

BE ADVISED that I am exercising my rights pursuant to 11 MRSA 2-1401
INSECURITY; ADEQUATE ASSURANCE OF PERFORMANCE, (1) A lease contract
imposes an obligation on each party that the other's expectation of receiving due performance
will not be impaired; and (2) If reasonable grounds for insecurity arise with respect to the
performance of either party, the insecure party may demand in writing adequate
assurance of due performance. Until the insecure party receives that assurance the
insecure party may suspend any performance for which the insecure party has not
already received the agreed return.

BE ADVISED that your breach of your fiduciary duty to ensure the SAFETY, HEALTH
AND WELFARE of your tenants has interfered with my contractual performance and
that your prejudicial choices have created reasonable grounds for my insecurity
which have arisen as a direct result of your contributory negligence regarding Tyler
Robinson and Kecia Gallant breaching behaviors.
GINA LYNN TURCOTTE
AUGUSTA, MAINE

BE ADVISED that, as evidenced by the numerous email messages and voice
conversations between Ray Corporation and myself, Ray Corporation has been well
aware that you are in DEFAULT under your lease terms with me and that I have
properly notified you of your BREACH OF CONTRACT on more than one occasion.

DAMAGES

BE ADVISED that your lease contract does not provide any remedies for the tenant in
case of any breach by Ray Corporation. You have, however, provided explicit
remedies for Ray Corporation in case of a tenants breach of the lease terms, if and
when you choose to exercise those rights.

BE ADVISED that in consideration of Ray Corporations lease terms, Clause 20
Breach: Any violation of the provisions of this Agreement will be deemed to be a
breach of the lease Any false or misleading information will be considered a
breach of this agreement , I am hereby notifying you that you are in BREACH of
our lease contract in that you provided false and misleading information about Ray
Corporation only renting to Respectful and responsible people ; and

BE ADVISED that, pursuant to Clause 21 Indemnification, this NOTICE OF CLAIM
is being issued because my loss or damage was occasioned by the negligence of
the Landlord or its agents.

BE ADVISED that I am peacefully, lawfully and legally exercising my rights and
remedies pursuant to 11 MRSA 2-1501 DEFAULT; PROCEDURE, (1) Whether the
lessor or the lessee is in default under a lease contract is determined by the lease
agreement and this Article; and (2) If the lessor or the lessee is in default under the
lease contract, the party seeking enforcement has rights and remedies as
provided in this Article and, except as limited by this Article, as provided in the lease
agreement; and (3) If the lessor or the lessee is in default under the lease contract, the
party seeking enforcement may reduce the party's claim to judgment, or otherwise
enforce the lease contract by self-help or any available judicial procedure or
nonjudicial procedure, including administrative proceeding, arbitration or the like, in
accordance with this Article.

BE ADVISED that your behavior has provoked me to exercise my rights under 11
MRSA 2-1504 LIQUIDATION OF DAMAGES, (1) Damages payable by either party for
default or any other act or omissionmay be liquidated in the lease agreement but only at an
amount or by a formula that is reasonable in light of the then anticipated harm caused by the
default or other act or omission.

BE ADVISED that if I had known the type of people I would be forced to live with I
would have refused to contract with you; and, since you have willfully breached your
express warranty that you only rent to Respectful and responsible people, I am
GINA LYNN TURCOTTE
AUGUSTA, MAINE

exercising my rights and remedies pursuant to 11 MRSA 2-1508 LESSEES
REMEDIES:

(1) If a lessor fails to deliver the goods in conformity to the lease contract
the lessor is in default under the lease contract and the lessee may:
(a) Cancel the lease contract (section 2-1505, subsection (1));
(b) Recover so much of the rent and security as has been paid and
is just under the circumstances;
(c) Cover and recover damages as to all goods affected, whether or
not they have been identified to the lease contract (sections 2-1518 and
2-1520) or recover damages for nondelivery (sections 2-1519 and 2-
1520); or
(d) Exercise any other rights or pursue any other remedies provided in the
lease contract.

(2) If a lessor fails to deliver the goods in conformity to the lease
contract or repudiates the lease contract, the lessee may also:

(a) If the goods have been identified, recover them (section 2-1522); or
(b) In a proper case, obtain specific performance

(3) If a lessor is otherwise in default under a lease contract, the lessee
may exercise the rights and pursue the remedies provided in the lease
contract, which may include a right to cancel the lease,

(4) If a lessor has breached a warranty, whether express or implied, the
lessee may recover damages

(5) On rightful rejection or justifiable revocation of acceptance, a lessee has a
security interest in goods in the lessee's possession or control for any rent and
security that has been paid and any expenses reasonably incurred in their
inspection, receipt, transportation, care and custody and may hold those goods
and dispose of them in good faith and in a commercially reasonable manner
subject to section 2-1527, subsection (5)

(6) Subject to the provisions of section 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.

11 MRSA 2-1519 LESSEE'S DAMAGES FOR NONDELIVERY, REPUDIATION,
DEFAULT AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS

(1) Except as otherwise provided with respect to damages liquidated in the lease
agreement (section 2-1504), or otherwise determined pursuant to agreement of
the parties (section 1-1302 and section 2-1503) if a lessee elects not to cover or a
GINA LYNN TURCOTTE
AUGUSTA, MAINE

lessee elects to cover and the cover is by lease agreement that for any reason does not
qualify for treatment under section 2-1518, subsection (2) or is by purchase or
otherwise, the measure of damages for nondelivery or repudiation by the lessor or for
rejection or revocation of acceptance by the lessee is the present value, as of the
date of the default, of the then market rent minus the present value as of the
same date of the original rent, computed for the remaining lease term of the
original lease agreement, together with incidental and consequential damages
minus expenses saved in consequence of the lessor's default.

(2) Market rent is to be determined as of the place for tender or, in cases of
rejection after arrival or revocation of acceptance, as of the place of arrival.

(3) Except as otherwise agreed, if the lessee has accepted goods and given
notification (section 2-1516, subsection (3)) the measure of damages for
nonconforming tender or delivery or other default by a lessor is the loss
resulting in the ordinary course of events from the lessor's default as
determined in any manner that is reasonable together with incidental and
consequential damages minus expenses saved in consequence of the lessor's
default.

(4) Except as otherwise agreed, the measure of damages for breach of warranty is
the present value at the time and place of acceptance of the difference between
the value of the use of the goods accepted and the value if they had been as
warranted for the lease term, unless special circumstances show proximate damages
of a different amount, together with incidental and consequential damages minus
expenses saved in consequence of the lessor's default or breach of warranty.

11 MRSA 2-1520 LESSEE'S INCIDENTAL AND CONSEQUENTIAL DAMAGES

(1) Incidental damages resulting from a lessor's default include expenses
reasonably incurred incident to the default.

(2) Consequential damages resulting from a lessor's default include:
(a) Any loss resulting from general or particular requirements and needs of which
the lessor at the time of contracting had reason to know and that could not
reasonably be prevented by cover or otherwise; and.
(b) Injury to person or property proximately resulting from any breach of
warranty

11 MRSA 2-1521 LESSEE'S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN

(1) Specific performance may be decreed if the goods are unique or in other proper
circumstances.

(2) A decree for specific performance may include any terms and conditions as
to payment of the rent, damages or other relief that the court determines just.

GINA LYNN TURCOTTE
AUGUSTA, MAINE

(3) A lessee has a right of claim and delivery if after reasonable effort the
lessee is unable to effect cover for those goods or the circumstances reasonably
indicate that the effort will be unavailing.

BE ADVISED that, from my calculations, you have received unjust enrichment from
Tyler Robinson and Kecia Gallant in the amount of one thousand five hundred
sixty dollars ($1,560.00) for 13 weeks of rent which you would not have received if
you had properly evicted them in February after you received my first substantiated
complaint of their violence and breaching behaviors.

BE ADVISED that, based on my written receipts to date, beginning February 8, 2013,
I have paid one thousand three hundred ninety five dollars ($1,395.00) for Unit 1.

BE ADVISED that, from my calculations, you have received a total of two thousand
nine hundred fifty five dollars ($2,955.00) for two (2) consumer lease contracts
based on express warranties which you knowingly breached from their inception.

BE ADVISED that your breaching, prejudicial and callous behaviors did in fact cause
me serious physical and emotional injury resulting directly from being forced to
experience severe domestic violence as a helpless bystander, within my private home,
which in fact put my SAFETY, HEALTH and WELFARE at risk of injury resulting from
Ray Corporations selfish and contemptible actions.

REMEDIES

BE ADVISED that I am making the following settlement offer and ask that you:

1. FORGIVE, DISCHARGE and EXCUSE all alleged arrearages currently
calculated at $285.00, for the remainder of May 2013.

2. FORGIVE, DISCHARGE and EXCUSE six months future rental payments
assessed at $420 each, totaling $2520.00.

3. IMMEDIATELY REMOVE SCOTT RANDALL ANDREWS FROM THE
PROPERTY.

4. SCREEN CRIMINAL BACKGROUND HISTORY, including public police reports
from towns of tenants prior residence, for all future tenants, purging those
applicants with violent criminal backgrounds or a history with police.

5. IMMEDIATELY RESPOND to urgent requests after office hours and weekends.

6. ACT IMMEDIATELY to PROPERLY RESOLVE ALL FUTURE DISTURBANCES.

GINA LYNN TURCOTTE
AUGUSTA, MAINE

7. AFFIRM, UPHOLD and ADHERE TO your fiduciary duty to ensure SAFETY,
HEALTH and WELFARE of your tenants from injury by other tenants.

8. AFFIRM, UPHOLD and ADHERE TO your fiduciary duty under Clause 8 Use
of Property:
a. Noactivityconducted, which is illegal, noisy or dangerous.

9. AFFIRM, UPHOLD and ADHERE TO your fiduciary duty under Clause 11
Noise/Disturbances/Compliance with Laws:
a. The Landlord agrees to prevent other Tenants and other persons in the
building or common areas from similarly disturbing the Tenants peace and
quiet.

Repair and Maintenance, which MUST include evicting all dangerous, violent
and disruptive tenants
a. The Landlord will provide and maintain the building and grounds
appurtenant to the dwelling unit in a decent, safe and sanitary condition
and will comply with all state and local laws, regulations and ordinances
concerning the condition of the dwelling units which at a minimum must be
maintained in a decent, safe and sanitary condition.
Retaliation:
a. If the Tenant reasonably and peacefully exercises any right granted
under this Lease Agreement or any local, state, or federal law, the
Landlord agrees not to retaliate against or harass the Tenant in any way,
specifically including but not limited to eviction or threat of eviction, rent
increase or services decrease, or substantial alteration of lease terms.

BE ADVISED that you are obligated to respond, immediately in writing,
specifically accepting those remedies with which you agree.

BE ADVISED that you are obligated to respond, immediately in writing, with a
fair and reasonable counter-offer to any remedies with which you disagree.

BE ADVISED that a reasonable settlement to resolve your default includes your
forgiveness of any alleged rent arrearage and no less than three (3) months rent, which
represents the same length of time you refused to enforce your lease terms with Tyler
and Kecia, not including damages for moving Scott Randall Andrews into the building
knowingly creating an unsafe, dangerous and terroristic environment; you are
callously, maliciously and repugnantly forcing me to live in unsafe, violent and
unsettling conditions.

BE ADVISED that I am withholding SIX months rent, at $420 each, in addition to
$285 alleged rent arrearage, totaling two thousand eight hundred five dollars
GINA LYNN TURCOTTE
AUGUSTA, MAINE
($2,805.00), for your default and damages pursuant to 11 MRSA 2-1508
LESSEE'S REMEDIES, as described above.
BE ADVISED that this NOTICE OF CLAIM effectively discharges, forgives and sets
aside all rental obligations for the rest of MAY, all of JUNE, JULY, AUGUST,
SEPTEMBER, OCTOBER and NOVEMBER 2013 as a result of your default and
damages for BREACH OF CONTRACT, if I am not able to find alternative housing.
BE ADVISED that these negotiations are being initiated prior to my filing suit against
you for BREACH OF CONTRACT, inter alia, because you have chosen to ignore the
severity of your breaching behavior and its seriously injurious effects on my life.
BE ADVISED that if you choose to initiate eviction action against me instead of
settling this matter privately, peacefully and reasonably, I will raise the affirmative
defenses of BREACH OF WARRANTY OF HABITABILITY and BREACH OF
CONTRACT in defense of any retaliatory illegal actions commenced by you.
BE ADVISED this NOTICE OF CLAIM and REQUEST FOR SETTLEMENT is being
sent resulting from your repeated violations of your lease contract and my rights.
BE ADVISED that I am reaffirming our rental agreement under its current terms in the
amount o($105 per week, $420 per month, including all utilities, cable tv and wireless
internet service, with full payments resuming on DECEMBER 1, 2013 contingent
upon RAY CORPORATION providing fair and faithful remedies adherence to all state
and common laws, rules, ordinances and our individual lease terms.
WHEREFORE, I, GINA LYNN TURCOTTE, submit this NOTICE OF CLAIM and
REQUEST FOR SETTLEMENT to RAY CORPORATION in good faith, under the terms
of our contract, Clause 16, and do expect you to act lawfully and legally in fulfilling
the remedies required herein. u
DATED June3,2013 'ftt.f:
GINA LYNN TURCOTTE
1
-
AUGUSTA, MAINE
ALL RIGHTS RETAINED AND RESERVED
TENANT'S NOTICE of CLAIM and REQUEST for SETTLEMENT Page 25 of25
MAINE LAWS and RULES OF CIVIL PROCEDURE

BE ADVISED these LAWS and RULES are PERTINENT to this NOTICE OF
CLAIM:

5 MRSA 207 UNLAWFUL ACTS AND CONDUCT

Unfair methods of competition and unfair or deceptive acts or practices in the
conduct of any trade or commerce are declared unlawful.

5 MRSA 209 INJUNCTION; PROCEDURES

Whenever the Attorney General has reason to believe that any person is using or
is about to use any method, act or practice declared by section 207 to be
unlawful, and that proceedings would be in the public interest, he may bring an
action in the name of the State against such person to restrain by temporary or
permanent injunction the use of such method, act or practice and the court may
make such other orders or judgments as may be necessary to restore to any
person who has suffered any ascertainable loss by reason of the use or
employment of such unlawful method, act or practice, any moneys or property,
real or personal, which may have been acquired by means of such method, act or
practice

5 MRSA 213 PRIVATE REMEDIES

1. Court action Any person who purchases or leases goods, services or
property, real or personal, primarily for personal, family or household
purposes and thereby suffers any loss of money or property, real or personal,
as a result of the use or employment by another person of a method, act or
practice declared unlawful by section 207 or by any rule or regulation issued
under section 207, subsection 2 may bring an action either in the Superior
Court or District Court for actual damages, restitution and for such other
equitable relief, including an injunction, as the court determines to be
necessary and proper There is a right to trial by jury in any action brought in
Superior Court under this section.

1-A. Settlement offer At least 30 days prior to the filing of an action for
damages, a written demand for relief, identifying the claimant and
reasonably describing the unfair and deceptive act or practice relied upon
and the injuries suffered, must be mailed or delivered to any prospective
respondent at the respondent's last known address A person receiving a
demand for relief, or otherwise a party to any litigation arising from the claim
that is the subject of the court action, may make a written tender of
settlement or, if a court action has been filed, an offer of judgment If the
judgment obtained in court by a claimant is not more favorable than any
rejected tender of settlement or offer of judgment, the claimant may not
recover attorney's fees or costs incurred after the more favorable tender of
settlement or offer of judgment.

The demand requirement of this subsection does not apply if the claim is
asserted by way of counterclaim or cross claim.

2. Fees and costs If the court finds, in any action commenced under this section
that there has been a violation of section 207, the petitioner shall, in addition
to other relief provided for by this section and irrespective of the amount in
controversy, be awarded reasonable attorney's fees and costs incurred in
connection with said action

3. Notices to Attorney General Upon commencement of any action brought
under subsection 1, the clerk of courts shall mail a copy of the complaint or
other initial pleading to the Attorney General and upon entry of any judgment
or decree in the action, shall mail a copy of such judgment or decree to the
Attorney General.

4. Injunction as evidence Any permanent injunction or order of the court
issued under section 209 shall be prima facie evidence in an action brought
under subsection 1 that the respondent used or employed an unfair or
deceptive method, act or practice declared unlawful under section 207.

5 MRSA 214 WAIVER; PUBLIC POLICY

Any waiver by a consumer of the provisions of this chapter is contrary to public
policy and shall be unenforceable and void.

10 MRSA 1212 DECEPTIVE TRADE PRACTICES

1. Lists A person engages in a deceptive trade practice when, in the course of
his business, vocation or occupation, he

A. Passes off goods or services as those of another;
B. Causes likelihood of confusion or of misunderstanding as to the source,
sponsorship, approval or certification of goods or services;
C. Causes likelihood of confusion or of misunderstanding as to affiliation,
connection or association with, or certification by, another;
D. Uses deceptive representations or designations of geographic origin in
connection with goods or services;
E. Represents that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits or quantities that they do not
have, or that a person has a sponsorship, approval, status, affiliation
or connection that he does not have;
F. Represents that goods are original or new if they are deteriorated,
altered, reconditioned, reclaimed, used or secondhand;
G. Represents that goods or services are of a particular standard, quality
or grade, or that goods are of a particular style or model, if they are of
another;
H. Disparages the goods, services or business of another by false or
misleading representation of fact;
I. Advertises goods or services with intent not to sell them as advertised;
J. Advertises goods or services with intent not to supply reasonably
expectable public demand, unless the advertisement discloses a
limitation of quantity;
K. Makes false or misleading statements of fact concerning the reasons
for, existence of or amounts of, price reductions; or
L. Engages in any other conduct which similarly creates a likelihood of
confusion or of misunderstanding

2. Complaint In order to prevail in an action under this chapter, a complainant
need not prove competition between the parties or actual confusion or
misunderstanding.

3. Application This section does not affect unfair trade practices otherwise
actionable at common law or under other statutes of this State.

10 MRSA 1213 REMEDIES

A person likely to be damaged by a deceptive trade practice of another may be
granted an injunction against it under the principles of equity and on terms that
the court considers reasonable Proof of monetary damage, loss of profits or intent
to deceive is not required Relief granted for the copying of an article shall be
limited to the prevention of confusion or misunderstanding as to source.

The court in exceptional cases may award reasonable attorneys' fees to the
prevailing party Costs or attorneys' fees may be assessed against a defendant
only if the court finds that he has willfully engaged in a deceptive trade practice.

The relief provided in this section is in addition to remedies otherwise available
against the same conduct under the common law or other statutes of this State.

11 MRSA 2-313 EXPRESS WARRANTIES BY AFFIRMATION, PROMISE,
DESCRIPTION, SAMPLE

(1) Express warranties by the seller are created as follows:

(a) Any affirmation of fact or promise made by the seller to the buyer
which relates to the goods and becomes part of the basis of the bargain
creates an express warranty that the goods shall conform to the
affirmation or promise

(b) Any description of the goods which is made part of the basis of the
bargain creates an express warranty that the goods shall conform to
the description In the case of consumer goods sold by a merchant with
respect to such goods, the description affirms that the goods are fit for
the ordinary purposes for which such goods are used

(c) Any sample or model which is made part of the basis of the bargain
creates an express warranty that the goods shall conform to the
sample or model

(2) It is not necessary to the creation of an express warranty that the seller use
formal words such as "warrant" or "guarantee" or that he have a specific intention
to make a warranty, but an affirmation merely of the value of the goods or a
statement purporting to be merely the seller's opinion or commendation of the
goods does not create a warranty.

11 MRSA 2-1108 UNCONSCIONABILITY

(1) If the court as a matter of law finds a lease contract or any clause of a lease
contract to have been unconscionable at the time it was made, the court may
refuse to enforce the lease contract, it may enforce the remainder of the lease
contract without the unconscionable clause or it may so limit the application of
any unconscionable clause as to avoid any unconscionable result.

(2) With respect to a consumer lease, if the court as a matter of law finds that a
lease contract or any clause of a lease contract has been induced by
unconscionable conduct or that unconscionable conduct has occurred in the
collection of a claim arising from a lease contract, the court may grant appropriate
relief.

(3) Before making a finding of unconscionability under subsection (1) or (2), the
court, on its own motion or that of a party, shall afford the parties a reasonable
opportunity to present evidence as to the setting, purpose and effect of the lease
contract or clause thereof, or of the conduct.

(4) In an action in which the lessee claims unconscionability with respect to a
consumer lease:

(a) If the court finds unconscionability under subsection (1) or (2), the court
shall award reasonable attorney's fees to the lessee;

(b) If the court does not find unconscionability and the lessee claiming
unconscionability has brought or maintained an action the lessee knew
to be groundless, the court shall award reasonable attorney's fees to
the party against whom the claim is made; or

(c) In determining attorney's fees, the amount of the recovery on behalf of
the claimant under subsections (1) and (2) is not controlling.

11 MRSA 2-1210 EXPRESS WARRANTIES

(1) Express warranties by the lessor are created as follows

(a) Any affirmation of fact or promise made by the lessor to the lessee that
relates to the goods and becomes part of the basis of the bargain
creates an express warranty that the goods will conform to the
affirmation or promise

(b) Any description of the goods that is made part of the basis of the
bargain creates an express warranty that the goods will conform to the
description

(c) Any sample or model that is made part of the basis of the bargain
creates an express warranty that the whole of the goods will conform to
the sample or model.

(2) It is not necessary to the creation of an express warranty that the lessor use
formal words, such as "warrant" or "guarantee," or that the lessor have a specific
intention to make a warranty, but an affirmation merely of the value of the goods
or a statement purporting to be merely the lessor's opinion or commendation of
the goods does not create a warranty.

11 MRSA 2-1212 IMPLIED WARRANTY OF MERCHANTABILITY

(1) Except in a finance lease, a warranty that the goods will be merchantable is
implied in a lease contract if the lessor is a merchant with respect to goods of that
kind.

(2) Goods to be merchantable must at least:

(a) Pass without objection in the trade under the description in the lease
agreement;
(b) In the case of fungible goods, be of fair average quality within the
description;
(c) Be fit for the ordinary purposes for which goods of that type are used;
(d) Run, within the variation permitted by the lease agreement, of even
kind, quality and quantity within each unit and among all units
involved;
(e) Be adequately contained, packaged and labeled as the lease
agreement may require; and
(f) Conform to any promises or affirmations of fact made on the container
or label

(3) Other implied warranties may arise from course of dealing or usage of trade.

11 MRSA 2-1213 IMPLIED WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE

Except in a finance lease, if the lessor at the time the lease contract is made has
reason to know of any particular purpose for which the goods are required and
that the lessee is relying on the lessor's skill or judgment to select or furnish
suitable goods, there is in the lease contract an implied warranty that the goods
will be fit for that purpose.

11 MRSA 2-1301 ENFORCEABILITY OF LEASE CONTRACT

Except as otherwise provided in this Article, a lease contract is effective and
enforceable according to its terms between the parties, against purchasers of the
goods and against creditors of the parties.

11 MRSA 2-1302 TITLE TO AND POSSESSION OF GOODS

Except as otherwise provided in this Article, each provision of this Article applies
whether the lessor or a third party has title to the goods, and whether the lessor,
the lessee or a third party has possession of the goods, notwithstanding any
statute or rule of law that possession or the absence of possession is fraudulent.

11 MRSA 2-1401 INSECURITY; ADEQUATE ASSURANCE OF
PERFORMANCE

(1) A lease contract imposes an obligation on each party that the other's
expectation of receiving due performance will not be impaired.

(2) If reasonable grounds for insecurity arise with respect to the performance of
either party, the insecure party may demand in writing adequate assurance of
due performance Until the insecure party receives that assurance, if commercially
reasonable, the insecure party may suspend any performance for which the
insecure party has not already received the agreed return.

(3) A repudiation of the lease contract occurs if assurance of due performance
adequate under the circumstances of the particular case is not provided to the
insecure party within a reasonable time not to exceed 30 days after receipt of a
demand by the other party.

(4) Between merchants, the reasonableness of grounds for insecurity and the
adequacy of any assurance offered must be determined according to commercial
standards.

(5) Acceptance of any nonconforming delivery or payment does not prejudice the
aggrieved party's right to demand adequate assurance of future performance.

11 MRSA 2-1501 DEFAULT; PROCEDURE

(1) Whether the lessor or the lessee is in default under a lease contract is
determined by the lease agreement and this Article.

(2) If the lessor or the lessee is in default under the lease contract, the party
seeking enforcement has rights and remedies as provided in this Article and,
except as limited by this Article, as provided in the lease agreement.

(3) If the lessor or the lessee is in default under the lease contract, the party
seeking enforcement may reduce the party's claim to judgment, or otherwise
enforce the lease contract by self-help or any available judicial procedure or
nonjudicial procedure, including administrative proceeding, arbitration or the like,
in accordance with this Article.

(4) Except as otherwise provided in section 1-1305, subsection (1), this Article or
the lease agreement, the rights and remedies referred to in subsections (2) and (3)
are cumulative.

(5) If the lease agreement covers both real property and goods, the party seeking
enforcement may proceed under this Part as to the goods or under other
applicable law as to both the real property and the goods in accordance with that
party's rights and remedies in respect of the real property, in which case this Part
does not apply.

11 MRSA 2-1502 NOTICE AFTER DEFAULT

Except as otherwise provided in this Article or the lease agreement, the lessor or
lessee in default under the lease contract is not entitled to notice of default or
notice of enforcement from the other party to the lease agreement.

11 MRSA 2-1503 MODIFICATION OR IMPAIRMENT OF RIGHTS AND
REMEDIES

(1) Except as otherwise provided in this Article, the lease agreement may include
rights and remedies for default in addition to or in substitution for those provided
in this Article and may limit or alter the measure of damages recoverable under
this Article.

(2) Resort to a remedy provided under this Article or in the lease agreement is
optional unless the remedy is expressly agreed to be exclusive If circumstances
cause an exclusive or limited remedy to fail of its essential purpose, or provision
for an exclusive remedy is unconscionable, remedy may be had as provided in
this Article.

(3) Consequential damages may be liquidated under section 2-1504, or may
otherwise be limited, altered or excluded unless the limitation, alteration or
exclusion is unconscionable Limitation, alteration or exclusion of consequential
damages for injury to the person in the case of consumer goods is prima facie
unconscionable but limitation, alteration or exclusion of damages where the loss
is commercial is not prima facie unconscionable.

(4) Rights and remedies on default by the lessor or the lessee with respect to any
obligation or promise collateral or ancillary to the lease contract are not impaired
by this Article.

11 MRSA 2-1504 LIQUIDATION OF DAMAGES

(1) Damages payable by either party for default or any other act or omission,
including indemnity for loss or diminution of anticipated tax benefits or loss or
damage to lessor's residual interest, may be liquidated in the lease agreement
but only at an amount or by a formula that is reasonable in light of the then
anticipated harm caused by the default or other act or omission.

(2) If the lease agreement provides for liquidation of damages and that provision
does not comply with subsection (1), or that provision is an exclusive or limited
remedy that circumstances cause to fail of its essential purpose, remedy may be
had as provided in this Article.

(3) If the lessor justifiably withholds or stops delivery of goods because of the
lessee's default or insolvency (section 2-1525 or 2-1526) the lessee is entitled to
restitution of any amount by which the sum of the lessee's payments exceeds:

(a) The amount to which the lessor is entitled by virtue of terms liquidating
the lessor's damages in accordance with subsection (1); or

(b) In the absence of those terms, 20% of the then present value of the total
rent the lessee was obligated to pay for the balance of the lease term,
or, in the case of a consumer lease, the lesser of that amount or

(4) A lessee's right to restitution under subsection (3) is subject to offset to the
extent the lessor establishes:

(a) A right to recover damages under the provisions of this Article other
than subsection (1); and

(b) The amount or value of any benefits received by the lessee directly or
indirectly by reason of the lease contract.

11 MRSA 2-1505 CANCELLATION AND TERMINATION AND EFFECT OF
CANCELLATION, TERMINATION, RESCISSION OR FRAUD ON RIGHTS AND
REMEDIES

(1) On cancellation of the lease contract, all obligations that are still executory on
both sides are discharged, but any right based on prior default or performance
survives and the cancelling party also retains any remedy for default of the whole
lease contract or any unperformed balance.

(2) On termination of the lease contract, all obligations that are still executory on
both sides are discharged but any right based on prior default or performance
survives.

(3) Unless the contrary intention clearly appears, expressions of "cancellation,"
"rescission" or the like, of the lease contract may not be construed as a
renunciation or discharge of any claim in damages for an antecedent default.

(4) Rights and remedies for material misrepresentation or fraud include all rights
and remedies available under this Article for default.

(5) Neither rescission nor a claim for rescission of the lease contract nor rejection
or return of the goods may bar or be deemed inconsistent with a claim for
damages or other right or remedy.

11 MRSA 2-1508 LESSEES REMEDIES:

(1) If a lessor fails to deliver the goods in conformity to the lease contract (section
2-1509) or repudiates the lease contract (section 2-1402) or a lessee rightfully
rejects the goods (section 2-1509) or justifiably revokes acceptance of the goods
(section 2-1517) then, with respect to any goods involved and with respect to all
of the goods if, under an installment lease contract the value of the whole lease
contract is substantially impaired (section 2-1510) the lessor is in default under
the lease contract and the lessee may:

(a) Cancel the lease contract (section 2-1505, subsection (1));
(b) Recover so much of the rent and security as has been paid and is just
under the circumstances;
(c) Cover and recover damages as to all goods affected, whether or not
they have been identified to the lease contract (sections 2-1518 and 2-
1520) or recover damages for nondelivery (sections 2-1519 and 2-
1520); or
(d) Exercise any other rights or pursue any other remedies provided in the
lease contract

(2) If a lessor fails to deliver the goods in conformity to the lease contract or
repudiates the lease contract, the lessee may also:

(a) If the goods have been identified, recover them (section 2-1522); or
(b) In a proper case, obtain specific performance or replevy the goods
(section 2-1521)

(3) If a lessor is otherwise in default under a lease contract, the lessee may
exercise the rights and pursue the remedies provided in the lease contract, which
may include a right to cancel the lease, and provided in section 2-1519,
subsection (3)

(4) If a lessor has breached a warranty, whether express or implied, the lessee
may recover damages (section 2-1519, subsection (4))

(5) On rightful rejection or justifiable revocation of acceptance, a lessee has a
security interest in goods in the lessee's possession or control for any rent and
security that has been paid and any expenses reasonably incurred in their
inspection, receipt, transportation, care and custody and may hold those goods
and dispose of them in good faith and in a commercially reasonable manner
subject to section 2-1527, subsection (5)

(6) Subject to the provisions of section 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.

11 MRSA 2-1509 LESSEE'S RIGHTS ON IMPROPER DELIVERY;
RIGHTFUL REJECTION

(1) Subject to the provisions of section 2-1510 on default in installment lease
contracts, if the goods or the tender or delivery fail in any respect to conform to
the lease contract, the lessee may reject or accept the goods or accept any
commercial unit or units and reject the rest of the goods.

(2) Rejection of goods is ineffective unless it is within a reasonable time after
tender or delivery of the goods and the lessee seasonably notifies the lessor.

11 MRSA 2-1515 ACCEPTANCE OF GOODS

(1) Acceptance of goods occurs after the lessee has had a reasonable opportunity
to inspect the goods and:

(a) The lessee signifies or acts with respect to the goods in a manner that
signifies to the lessor or the supplier that the goods are conforming or
that the lessee will take or retain them in spite of their nonconformity;
or

(b) The lessee fails to make an effective rejection of the goods (section 2-
1509, subsection (2))

11 MRSA 2-1516 EFFECT OF ACCEPTANCE OF GOODS; NOTICE OF
DEFAULT; BURDEN OF ESTABLISHING DEFAULT AFTER ACCEPTANCE;
NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER

(1) A lessee must pay rent for any goods accepted in accordance with the lease
contract, with due allowance for goods rightfully rejected or not delivered.

(2) A lessee's acceptance of goods precludes rejection of the goods accepted In
the case of a finance lease, if made with knowledge of a nonconformity,
acceptance can not be revoked because of the nonconforming In any other case, if
made with knowledge of a nonconformity, acceptance can not be revoked
because of the nonconformity unless the acceptance was on the reasonable
assumption that the nonconformity would be seasonably cured Acceptance does
not of itself impair any other remedy provided by this Article or the lease
agreement for nonconformity.

(3) If a tender has been accepted:

(a) Except in the case of a consumer lease, within a reasonable time after
the lessee discovers or should have discovered any default, the lessee
shall notify the lessor and the supplier, if any, or be barred from any
remedy against the party not notified;

(b) In the case of a consumer lease, within a reasonable time after the
lessee discovers or should have discovered any default, the lessee
shall notify either the lessor or any assignee of the lessor By notifying
one of these parties the lessee preserves any remedy against any of
the parties; and

(c) The burden is on the lessee to establish any default.

11 MRSA 2-1519 LESSEE'S DAMAGES FOR NONDELIVERY,
REPUDIATION, DEFAULT AND BREACH OF WARRANTY IN REGARD TO
ACCEPTED GOODS

(1) Except as otherwise provided with respect to damages liquidated in the lease
agreement (section 2-1504), or otherwise determined pursuant to agreement of
the parties (section 1-1302 and section 2-1503) if a lessee elects not to cover or a
lessee elects to cover and the cover is by lease agreement that for any reason
does not qualify for treatment under section 2-1518, subsection (2) or is by
purchase or otherwise, the measure of damages for nondelivery or repudiation by
the lessor or for rejection or revocation of acceptance by the lessee is the present
value, as of the date of the default, of the then market rent minus the present
value as of the same date of the original rent, computed for the remaining lease
term of the original lease agreement, together with incidental and consequential
damages minus expenses saved in consequence of the lessor's default.

(2) Market rent is to be determined as of the place for tender or, in cases of
rejection after arrival or revocation of acceptance, as of the place of arrival.

(3) Except as otherwise agreed, if the lessee has accepted goods and given
notification (section 2-1516, subsection (3)) the measure of damages for
nonconforming tender or delivery or other default by a lessor is the loss resulting
in the ordinary course of events from the lessor's default as determined in any
manner that is reasonable together with incidental and consequential damages
minus expenses saved in consequence of the lessor's default.

(4) Except as otherwise agreed, the measure of damages for breach of warranty
is the present value at the time and place of acceptance of the difference between
the value of the use of the goods accepted and the value if they had been as
warranted for the lease term, unless special circumstances show proximate
damages of a different amount, together with incidental and consequential
damages minus expenses saved in consequence of the lessor's default or breach
of warranty.

11 MRSA 2-1520 LESSEE'S INCIDENTAL AND CONSEQUENTIAL
DAMAGES

(1) Incidental damages resulting from a lessor's default include expenses
reasonably incurred in inspection, receipt, transportation, care and custody of
goods rightfully rejected or goods the acceptance of which is justifiably revoked,
any commercially reasonable charges, expenses or commissions in connection
with effecting cover and any other reasonable expense incident to the default.

(2) Consequential damages resulting from a lessor's default include:
(a) Any loss resulting from general or particular requirements and needs of
which the lessor at the time of contracting had reason to know and that
could not reasonably be prevented by cover or otherwise; and.

(b) Injury to person or property proximately resulting from any breach of
warranty

11 MRSA 2-1521 LESSEE'S RIGHT TO SPECIFIC PERFORMANCE OR
REPLEVIN

(1) Specific performance may be decreed if the goods are unique or in other proper
circumstances.

(2) A decree for specific performance may include any terms and conditions as to
payment of the rent, damages or other relief that the court determines just.

(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery or
the like for goods identified to the lease contract if after reasonable effort the
lessee is unable to effect cover for those goods or the circumstances reasonably
indicate that the effort will be unavailing.

14 MRSA 1602-B INTEREST BEFORE JUDGMENT

1. In small claims In small claims actions, prejudgment interest is not
recoverable unless the rate of interest is based on a contract or note.

2. On contracts and notes In all civil and small claims actions involving a
contract or note that contains a provision relating to interest, prejudgment
interest is allowed at the rate set forth in the contract or note.

3. Other civil actions; rate In civil actions other than those set forth in
subsections 1 and 2, prejudgment interest is allowed at the one-year United
States Treasury bill rate plus 3%
A. For purposes of this subsection, "one-year United States Treasury bill
rate" means the weekly average one-year constant maturity Treasury
yield, as published by the Board of Governors of the Federal Reserve
System, for the last full week of the calendar year immediately prior to
the year in which prejudgment interest begins to accrue.

B. If the Board of Governors of the Federal Reserve System ceases to
publish the weekly average one-year constant maturity Treasury yield
or it is otherwise unavailable, then the Supreme Judicial Court shall
annually establish by rule a rate that most closely approximates the
rate established in this subsection.

4. Stated rate When prejudgment interest is awarded pursuant to subsection 2
or 3, the applicable rate must be stated in the judgment.

5. Accrual; suspension; waiver Prejudgment interest accrues from the time of
notice of claim setting forth under oath the cause of action, served personally
or by registered or certified mail upon the defendant until the date on which
an order of judgment is entered If a notice of claim has not been given to the
defendant, prejudgment interest accrues from the date on which the complaint
is filed In actions involving a contract or note that contains a provision relating
to interest, the rate of interest is fixed as of the time the notice of claim is given
or, if a notice of claim has not been given, as of the date on which the
complaint is filed If the prevailing party at any time requests and obtains a
continuance for a period in excess of 30 days, interest is suspended for the
duration of the continuance On petition of the nonprevailing party and on a
showing of good cause, the trial court may order that interest awarded by this
section be fully or partially waived.

6. Effect on post-judgment interest This section does not affect post-judgment
interest imposed by section 1602-C Prejudgment interest may not be added to
the judgment amount in determining the sum upon which post-judgment
interest accrues.

7. Rate on accrual of interest prior to July 1, 2003 Notwithstanding
subsection 3, for actions in which the interest begins to accrue, as determined
pursuant to subsection 5, prior to July 1, 2003, the rate of prejudgment
interest on civil actions other than those set forth in subsection 2 is as follows:

A. If the judgment does not exceed $30,000, the rate for prejudgment
interest is 8%; and

B. If the judgment exceeds $30,000, the rate of prejudgment interest is
the one-year United States Treasury bill rate, as defined in subsection
3, plus 1%.

14 MRSA 6001 AVAILABILITY OF REMEDY

8. Presumption of retaliation In any action of forcible entry and detainer there
is a rebuttable presumption that the action was commenced in retaliation
against the tenant if, within 6 months prior to the commencement of the
action, the tenant has:

A. Asserted the tenant's rights pursuant to section 6021;
B. Complained as an individual, or if a complaint has been made in that
individual's behalf, in good faith, of conditions affecting that
individual's dwelling unit that may constitute a violation of a building,
housing, sanitary or other code, ordinance, regulation or statute,
presently or hereafter adopted, to a body charged with enforcement of
that code, ordinance, regulation or statute, or such a body has filed a
notice or complaint of such a violation;
C. Complained in writing or made a written request, in good faith, to the
landlord or the landlord's agent to make repairs on the premises as
required by any applicable building, housing or sanitary code, or by
section 6021, or as required by the rental agreement between the
parties; or
D. [1989, c 484, 2 (NEW); T 14, 6001, sub-3, D (RP)]
E. Filed, in good faith, a fair housing complaint with the Maine Human
Rights Commission or filed, in good faith, a fair housing complaint with
the United States Department of Housing and Urban Development
concerning acts affecting that individual's tenancy

No writ of possession may issue in the absence of rebuttal of the presumption of
retaliation.

9. Membership in tenants' organization No writ of possession may issue
when the tenant proves that the action of forcible entry and detainer was
commenced in retaliation for the tenant's membership in an organization
concerned with landlord-tenant relationships.

14 MRSA 6002 TENANCY AT WILL; BUILDINGS ON LAND OF ANOTHER

3. Breach of warranty of habitability as an affirmative defense In an
action brought by a landlord to terminate a rental agreement on the ground
that the tenant is in arrears in the payment of rent, the tenant may raise as a
defense any alleged violation of the implied warranty and covenant of
habitability, provided that the landlord or the landlord's agent has received
actual or constructive notice of the alleged violation, and has unreasonably
failed under the circumstances to take prompt, effective steps to repair or
remedy the condition and the condition was not caused by the tenant or
another person acting under the tenant's control Upon finding that the
dwelling unit is not fit for human habitation, the court shall permit the tenant
either to terminate the rental agreement without prejudice or to reaffirm the
rental agreement, with the court assessing against the tenant an amount
equal to the reduced fair rental value of the property for the period during
which rent is owed The reduced amount of rent thus owed must be paid on a
pro rata basis, unless the parties agree otherwise, and payments become due
at the same intervals as rent for the current rental period The landlord may
not charge the tenant for the full rental value of the property until such time as
it is fit for human habitation.

14 MRSA 6014 REMEDIES FOR ILLEGAL EVICTIONS

1. Illegal evictions Except as permitted by Title 15, chapter 517 or Title 17,
chapter 91, evictions that are effected without resort to the provisions of this
chapter are illegal and against public policy Illegal evictions include, but are
not limited to, the following
A. No landlord may willfully cause, directly or indirectly, the interruption
or termination of any utility service being supplied to the tenant
including, but not limited to, water, heat, light, electricity, gas,
telephone, sewerage, elevator or refrigeration, whether or not the utility
service is under the control of the landlord, except for such temporary
interruption as may be necessary while actual repairs are in process or
during temporary emergencies.
B. No landlord may willfully seize, hold or otherwise directly or indirectly
deny a tenant access to and possession of the tenant's rented or leased
premises, other than through proper judicial process.
C. No landlord may willfully seize, hold or otherwise directly or indirectly
deny a tenant access to and possession of the tenant's property, other
than by proper judicial process.

2. Remedies Upon a finding that an illegal eviction has occurred, the court shall
find one or both of the following

A. The tenant is entitled to recover actual damages or $250, whichever is
greater.
B. The tenant is entitled to recover the aggregate amount of costs and
expenses determined by the court to have been reasonably incurred on
the tenant's behalf in connection with the prosecution or defense of
such action, together with a reasonable amount for attorneys' fees.

3. Good faith A court may award attorneys' fees to the defendant if, upon
motion and hearing, it is determined that an action filed pursuant to this
section was not brought in good faith and was frivolous or intended for
harassment only.

4. Nonexclusivity The remedies provided in this section are in addition to any
other rights and remedies conferred by law.

14 MRSA 6015 NOTICE OF RENT INCREASE

Rent charged for residential estates may be increased by the lessor only after
providing at least 45 days' written notice to the tenant A written or oral waiver of
this requirement is against public policy and is void.

Any person in violation of this section is liable for the return of any sums
unlawfully obtained from the lessee, with interest, and reasonable attorney's fees
and costs.

14 MRSA 6016 RENT INCREASE LIMITATION

Rent charged for residential estates may not be increased if the dwelling unit is in
violation of the warranty of habitability Any violation caused by the tenant, his
family, guests or invitees shall not bar a rent increase A written or oral waiver of
this requirement is against public policy and is void Any person in violation of this
section shall be liable for the return of any sums unlawfully obtained from the
lessee, with interest and reasonable attorneys' fees and costs.

14 MRSA 6021 IMPLIED WARRANTY AND COVENANT OF HABITABILITY

1. Definition As used in this section, the term "dwelling unit" shall include
mobile homes, apartments, buildings or other structures, including the
common areas thereof, which are rented for human habitation.

2. Implied warranty of fitness for human habitation 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.

3. Complaints If a condition exists in a dwelling unit which renders the
dwelling unit unfit for human habitation, then a tenant may file a complaint
against the landlord in the District Court or Superior Court The complaint shall
state that:

A. A condition, which shall be described, endangers or materially impairs
the health or safety of the tenants;
B. The condition was not caused by the tenant or another person acting
under his control;
C. Written notice of the condition without unreasonable delay, was given
to the landlord or to the person who customarily collects rent on behalf
of the landlord;
D. The landlord unreasonably failed under the circumstances to take
prompt, effective steps to repair or remedy the condition; and
E. The tenant was current in rental payments owing to the landlord at the
time written notice was given.
The notice requirement of paragraph C may be satisfied by actual
notice to the person who customarily collects rents on behalf of the
landlord.

4. Remedies If the court finds that the allegations in the complaint are true, the
landlord shall be deemed to have breached the warranty of fitness for human
habitation established by this section, as of the date when actual notice of the
condition was given to the landlord In addition to any other relief or remedies
which may otherwise exist, the court may take one or more of the following
actions:

A. The court may issue appropriate injunctions ordering the landlord to
repair all conditions which endanger or materially impair the health or
safety of the tenant;

B. The court may determine the fair value of the use and occupancy of the
dwelling unit by the tenant from the date when the landlord received
actual notice of the condition until such time as the condition is
repaired, and further declare what, if any, moneys the tenant owes the
landlord or what, if any, rebate the landlord owes the tenant for rent
paid in excess of the value of use and occupancy In making this
determination, there shall be a rebuttable presumption that the rental
amount equals the fair value of the dwelling unit free from any
condition rendering it unfit for human habitation A written agreement
whereby the tenant accepts specified conditions which may violate the
warranty of fitness for human habitation in return for a stated
reduction in rent or other specified fair consideration shall be binding
on the tenant and the landlord

C. The court may authorize the tenant to temporarily vacate the dwelling
unit if the unit must be vacant during necessary repairs No use and
occupation charge shall be incurred by a tenant until such time as the
tenant resumes occupation of the dwelling unit If the landlord offers
reasonable, alternative housing accommodations, the court may not
surcharge the landlord for alternate tenant housing during the period of
necessary repairs

D. The court may enter such other orders as the court may deem
necessary to accomplish the purposes of this section The court may not
award consequential damages for breach of the warranty of fitness for
human habitation

Upon the filing of a complaint under this section, the court shall enter such
temporary restraining orders as may be necessary to protect the health or well-
being of tenants or of the public

5. Waiver A written agreement whereby the tenant accepts specified conditions
which may violate the warranty of fitness for human habitation in return for a
stated reduction in rent or other specified fair consideration shall be binding
on the tenant and the landlord.
Any agreement, other than as provided in this subsection, by a tenant to
waive any of the rights or benefits provided by this section shall be void.

6. Heating requirements It is a breach of the implied warranty of fitness for
human habitation when the landlord is obligated by agreement or lease to
provide heat for a dwelling unit and:

A. The landlord maintains an indoor temperature which is so low as to be
injurious to the health of occupants not suffering from abnormal
medical conditions;

B. The dwelling unit's heating facilities are not capable of maintaining a
minimum temperature of at least 68 degrees Fahrenheit at a distance
of 3 feet from the exterior walls, 5 feet above floor level at an outside
temperature of minus 20 degrees Fahrenheit; or

C. The heating facilities are not operated so as to protect the building
equipment and systems from freezing

Municipalities of this State are empowered to adopt or retain more stringent
standards by ordinances, laws or regulations provided in this section Any less
restrictive municipal ordinance, law or regulation establishing standards are
invalid and of no force and suspended by this section

6-A. Agreement regarding provision of heat A landlord and tenant under a
lease or a tenancy at will may enter into an agreement for the landlord to provide
heat at less than 68 degrees Fahrenheit The agreement must:

A. Be in a separate written document, apart from the lease, be set forth in
a clear and conspicuous format, readable in plain English and in at
least 12-point type, and be signed by both parties to the agreement;

B. State that the agreement is revocable by either party upon reasonable
notice under the circumstances;

C. Specifically set a minimum temperature for heat, which may not be
less than 62 degrees Fahrenheit; and

D. Set forth a stated reduction in rent that must be fair and reasonable
under the circumstances

An agreement under this subsection may not be entered into or maintained if a
person over 65 years of age or under 5 years of age resides on the premises A
landlord is not responsible if a tenant who controls the temperature on the
premises reduces the heat to an amount less than 68 degrees Fahrenheit as long
as the landlord complies with subsection 6, paragraph B or if the tenant fails to
inform the landlord that a person over 65 years of age or under 5 years of age
resides on the premises

7. Rights are supplemental

14 MRSA 6023 AGENCY

Any person authorized to enter into a residential lease or tenancy at will
agreement on behalf of the owner or owners of the premises is deemed to be the
owner's agent for purposes of service of process and receiving and receipting for
notices and demands

14 MRSA 6030-A PROTECTION OF RENTAL PROPERTY OR TENANTS

1. Commencing action A landlord may file a petition against a tenant, a guest
or invitee of a tenant or the owner of a dangerous pet on the premises for the
protection of rental property or tenants when the landlord, the landlord's
employee or agent, the landlord's rental property or persons who are tenants
of the landlord have experienced harm or have been threatened with harm by
a tenant of the landlord, a guest or invitee of a tenant or a dangerous pet on
the premises The landlord may file the petition in the landlord's own name or,
when the landlord has written authority from a tenant to do so, may file the
action on behalf of the aggrieved tenant, or both

2. Procedures and relief Actions under this section are governed by the
procedural provisions of Title 5, chapter 337-A In addition, a temporary order
may be sought if the landlord's rental property is in an immediate and present
danger of suffering substantial damage as a result of the defendant's actions,
and additional injunctive relief may be granted enjoining the defendant from
damaging the landlord's or aggrieved tenant's property or from threatening,
assaulting, molesting, confronting or otherwise disturbing the peace of the
landlord, the landlord's employee or agent or of any aggrieved tenant

17-A MRSA 3 ALL CRIMES DEFINED BY STATUTE; CIVIL ACTIONS

1. No conduct constitutes a crime unless it is prohibited
A. By this code; or
B. By any statute or private act outside this code, including any rule,
regulation or ordinance authorized by and lawfully adopted under a
statute

2. This code does not bar, suspend, or otherwise affect any right or liability for
damages, penalty, forfeiture or other remedy authorized by law to be
recovered or enforced in a civil action, regardless of whether the conduct
involved in such civil action constitutes an offense defined in this code

17-A MRSA 4-B CIVIL VIOLATIONS

1. All civil violations are expressly declared not to be criminal offenses They are
enforceable by the Attorney General, the Attorney General's representative or
any other appropriate public official in a civil action to recover what may be
designated a fine, penalty or other sanction, or to secure the forfeiture that
may be decreed by the law.

2. A law or ordinance may be expressly designated as a civil violation

3. A law or ordinance which prohibits defined conduct, but does not provide an
imprisonment penalty, is a civil violation, enforceable in accordance with
subsection 1. A law or ordinance which is stated to be a criminal violation or
which otherwise uses language indicating that it is a crime, but does not
provide an imprisonment penalty is a civil violation, enforceable in accordance
with subsection 1, unless the law or ordinance is an exception to the operation
of this subsection

17-A MRSA 16 WARRANTLESS ARRESTS BY A PRIVATE PERSON

Except as otherwise specifically provided, a private person has the authority to
arrest without a warrant:

1. Any person who the private person has probable cause to believe has
committed or is committing:
A. Murder; or
B. Any Class A, Class B or Class C crime

2. Any person who, in fact, is committing in the private person's presence and in
a public place any of the Class D or Class E crimes described in section 207;
209; 211; 254; 255-A; 501-A, subsection 1, paragraph B; 503; 751; 806; or
1002

17-A MRSA 34 CULPABLE STATE OF MIND AS AN ELEMENT

1. A person is not guilty of a crime unless that person acted intentionally,
knowingly, recklessly or negligently, as the law defining the crime specifies,
with respect to each other element of the crime, except as provided in
subsection 4 When the state of mind required to establish an element of a
crime is specified as "willfully," "corruptly," "maliciously" or by some other term
importing a state of mind, that element is satisfied if, with respect thereto, the
person acted intentionally or knowingly

2. When the definition of a crime specifies the state of mind sufficient for the
commission of that crime, but without distinguishing among the elements
thereof, the specified state of mind applies to all the other elements of the
crime, except as provided in subsection 4

3. When the law provides that negligence is sufficient to establish an element of
a crime, that element is also established if, with respect thereto, a person
acted intentionally, knowingly or recklessly When the law provides that
recklessness is sufficient to establish an element of a crime, that element is
also established if, with respect thereto, a person acted intentionally or
knowingly When the law provides that acting knowingly is sufficient to
establish an element of the crime, that element is also established if, with
respect thereto, a person acted intentionally.

4. Unless otherwise expressly provided, a culpable mental state need not be
proved with respect to:
A. Any fact that is solely a basis for sentencing classification;
B. Any element of the crime as to which it is expressly stated that it must
"in fact" exist;
C. Any element of the crime as to which the statute expressly provides
that a person may be guilty without a culpable state of mind as to that
element;
D. Any element of the crime as to which a legislative intent to impose
liability without a culpable state of mind as to that element otherwise
appears;
E. Any criminal statute as to which it is expressly stated to be a "strict
liability crime" or otherwise expressly reflects a legislative intent to
impose criminal liability without proof by the State of a culpable mental
state with respect to any of the elements of the crime; or
F. Any criminal statute as to which a legislative intent to impose liability
without a culpable state of mind as to any of the elements of the crime
otherwise appears.

4-A. As used in this section, "strict liability crime" means a crime that, as legally
defined, does not include a culpable mental state element with respect to any of
the elements of the crime and thus proof by the State of a culpable state of mind
as to that crime is not required

17-A MRSA 35 DEFINITIONS OF CULPABLE STATES OF MIND

1. "Intentionally"
A. A person acts intentionally with respect to a result of the person's
conduct when it is the person's conscious object to cause such a result
B. A person acts intentionally with respect to attendant circumstances
when the person is aware of the existence of such circumstances or
believes that they exist

2. "Knowingly"
A. A person acts knowingly with respect to a result of the person's conduct
when the person is aware that it is practically certain that the person's
conduct will cause such a result
B. A person acts knowingly with respect to attendant circumstances when
the person is aware that such circumstances exist

3. "Recklessly"
A. A person acts recklessly with respect to a result of the person's conduct
when the person consciously disregards a risk that the person's conduct
will cause such a result
B. A person acts recklessly with respect to attendant circumstances when
the person consciously disregards a risk that such circumstances exist
C. For purposes of this subsection, the disregard of the risk, when viewed
in light of the nature and purpose of the person's conduct and the
circumstances known to the person, must involve a gross deviation from
the standard of conduct that a reasonable and prudent person would
observe in the same situation

4. "Criminal negligence"
A. A person acts with criminal negligence with respect to a result of the
person's conduct when the person fails to be aware of a risk that the
person's conduct will cause such a result
B. A person acts with criminal negligence with respect to attendant
circumstances when the person fails to be aware of a risk that such
circumstances exist
C. For purposes of this subsection, the failure to be aware of the risk,
when viewed in light of the nature and purpose of the person's conduct
and the circumstances known to the person, must involve a gross deviation
from the standard of conduct that a reasonable and prudent person would
observe in the same situation

5. "Culpable" A person acts culpably when the person acts with the intention,
knowledge, recklessness or criminal negligence as is required

17-A MRSA 57 CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER;
ACCOMPLICES

1. A person may be guilty of a crime if it is committed by the conduct of another
person for which the person is legally accountable as provided in this section

2. A person is legally accountable for the conduct of another person when:
A. Acting with the intention, knowledge, recklessness or criminal negligence
that is sufficient for the commission of the crime, the person causes an
innocent person, or a person not criminally responsible, to engage in such
conduct; or
B. The person is made accountable for the conduct of such other person by
the law defining the crime; or
C. The person is an accomplice of such other person in the commission of the
crime, as provided in subsection 3

3. A person is an accomplice of another person in the commission of a crime if:
A. With the intent of promoting or facilitating the commission of the crime, the
person solicits such other person to commit the crime, or aids or agrees to
aid or attempts to aid such other person in planning or committing the
crime A person is an accomplice under this subsection to any crime the
commission of which was a reasonably foreseeable consequence of the
person's conduct; or
B. The person's conduct is expressly declared by law to establish the
person's complicity

4. A person who is legally incapable of committing a particular crime may be
guilty thereof if it is committed by the conduct of another person for which the
person is legally accountable

5. Unless otherwise expressly provided, a person is not an accomplice in a crime
committed by another person if:
A. The person is the victim of that crime;
B. The crime is so defined that it cannot be committed without the person's
cooperation; or
C. The person terminates complicity prior to the commission of the crime by:
(1) Informing the person's accomplice that the person has abandoned the
criminal activity; and (2) Leaving the scene of the prospective crime, if the
person is present thereat

6. An accomplice may be convicted on proof of the commission of the crime and of
the accomplice's complicity therein, though the person claimed to have committed
the crime has not been prosecuted or convicted, or has been convicted of a
different crime or degree of crime, or is not subject to criminal prosecution
pursuant to section 10-A, subsection 1, or has an immunity to prosecution or
conviction, or has been acquitted

17-A MRSA 60 CRIMINAL LIABILITY OF AN ORGANIZATION

1. An organization is guilty of a crime when:
A. It omits to discharge a specific duty of affirmative performance imposed on
it by law, and the omission is prohibited by this code or by a statute
defining a criminal offense outside of this code; or
B. The conduct or result specified in the definition of the crime is engaged in
or caused by an agent of the organization while acting within the scope of
the agent's office or employment,

2. It is no defense to the criminal liability of an organization that the individual
upon whose conduct the liability of the organization is based has not been
prosecuted or convicted, has been convicted of a different offense, or is
immune from prosecution

17-A MRSA 61 INDIVIDUAL LIABILITY FOR CONDUCT ON BEHALF OF
ORGANIZATION

1. An individual is criminally liable for any conduct the individual performs in the
name of an organization or in its behalf to the same extent as if it were
performed in the individual's own name or behalf. Such an individual must be
sentenced as if the conduct had been performed in the individual's own name
or behalf.

2. If a criminal statute imposes a duty to act on an organization, any agent of the
organization having primary responsibility for the discharge of the duty is
criminally liable if the agent recklessly omits to perform the required act, and
the agent must be sentenced as if the duty were imposed by law directly upon
the agent.

17-A MRSA 105 USE OF FORCE IN PROPERTY OFFENSES

A person is justified in using a reasonable degree of nondeadly force upon
another person when and to the extent that the person reasonably believes it
necessary to prevent what is or reasonably appears to be an unlawful taking of
the person's property, or criminal mischief, or to retake the person's property
immediately
following its taking; but the person may use deadly force only under such
circumstances as are prescribed in sections 104, 107 and 108.

17-A MRSA 108 PHYSICAL FORCE IN DEFENSE OF A PERSON

1. A person is justified in using a reasonable degree of nondeadly force upon
another person in order to defend the person or a 3rd person from what the
person reasonably believes to be the imminent use of unlawful, nondeadly
force by such other person, and the person may use a degree of such force
that the person reasonably believes to be necessary for such purpose
However, such force is not justifiable if:
A. With a purpose to cause physical harm to another person, the person
provoked the use of unlawful, nondeadly force by such other person; or
B. The person was the initial aggressor, unless after such aggression the
person withdraws from the encounter and effectively communicates to
such other person the intent to do so, but the other person notwithstanding
continues the use or threat of unlawful, nondeadly force; or
C. The force involved was the product of a combat by agreement not
authorized by law.

17-A MRSA 151 CRIMINAL CONSPIRACY

1. A person is guilty of criminal conspiracy if, with the intent that conduct be
performed that in fact would constitute a crime or crimes, the actor agrees
with one or more others to engage in or cause the performance of the conduct
and the most serious crime that is the object of the conspiracy is:
A. Murder Violation of this paragraph is a Class A crime;
B. A Class A crime Violation of this paragraph is a Class B crime;
C. A Class B crime Violation of this paragraph is a Class C crime;
D. A Class C crime Violation of this paragraph is a Class D crime; or
E. A Class D or Class E crime Violation of this paragraph is a Class E
crime

2. If the actor knows that one with whom the actor agrees has agreed or will
agree with a 3rd person to effect the same objective, the actor is deemed to
have agreed with the 3rd person, whether or not the actor knows the identity
of the 3rd person.

3. A person who conspires to commit more than one crime is guilty of only one
conspiracy if the crimes are the object of the same agreement or continuous
conspiratorial relationship.

4. A person may not be convicted of criminal conspiracy unless it is alleged and
proved that the actor, or one with whom the actor conspired, took a
substantial step toward commission of the crime. A substantial step is any
conduct which, under the circumstances in which it occurs, is strongly
corroborative of the firmness of the actor's intent to complete commission of the
crime; provided that speech alone may not constitute a substantial step.

5. Accomplice liability for crimes committed in furtherance of the criminal
conspiracy is to be determined by the provisions of section 57.

6. For the purpose of determining the period of limitations under section 8, the
following provisions govern:
A. A criminal conspiracy is deemed to continue until the criminal conduct
that is its object is performed, or the agreement that it be performed is
frustrated or is abandoned by the actor and by those with whom the
actor conspired For purposes of this subsection, the object of the
criminal conspiracy includes escape from the scene of the crime,
distribution of the fruits of the crime, and measures, other than silence,
for concealing the commission of the crime or the identity of its
perpetrators
B. If a person abandons the agreement, the criminal conspiracy terminates
as to the actor only when:
(1) The actor informs a law enforcement officer of the existence of
the criminal conspiracy and of the actor's participation therein; or
(2) The actor advises those with whom the actor conspired of the
actor's abandonment. Abandonment is an affirmative defense.

17-A MRSA 207-A DOMESTIC VIOLENCE ASSAULT

1. A person is guilty of domestic violence assault if:
A. The person violates section 207 and the victim is a family or household
member as defined in Title 19-A, section 4002, subsection 4 Violation of
this paragraph is a Class D crime; or

17-A MRSA 209 CRIMINAL THREATENING

1. A person is guilty of criminal threatening if he intentionally or knowingly
places another person in fear of imminent bodily injury

17-A MRSA 209-A DOMESTIC VIOLENCE CRIMINAL THREATENING

1. A person is guilty of domestic violence criminal threatening if:
member as defined in Title 19-A, section 4002, subsection 4 Violation of
this paragraph is a Class D crime

17-A MRSA 211 RECKLESS CONDUCT

1. A person is guilty of reckless conduct if he recklessly creates a substantial
risk of serious bodily injury to another person.

17-A MRSA 211-A DOMESTIC VIOLENCE RECKLESS CONDUCT

1. A person is guilty of domestic violence reckless conduct if:
member as defined in Title 19-A, section 4002, subsection 4

17-A MRSA 354 THEFT BY DECEPTION

1. A person is guilty of theft if:
A. The person obtains or exercises control over property of another as a
result of deception and with intent to deprive the other person of the
property
(4) The value of the property is more than $1,000 but not more than
$10,000 Violation of this subparagraph is a Class C crime;
(5) The value of the property is more than $500 but not more than
$1,000 Violation of this subparagraph is a Class D crime;

2. For purposes of this section, deception occurs when a person intentionally:
A. Creates or reinforces an impression that is false and that the person
does not believe to be true, including false impressions as to identity, law,
value, knowledge, opinion, intention or other state of mind; except that an
intention not to perform a promise, or knowledge that a promise will not be
performed, may not be inferred from the fact alone that the promise was
not performed;

B. Fails to correct an impression that is false and that the person does not
believe to be true and that:
(1) The person had previously created or reinforced; or
(2) The person knows to be influencing another whose property is
involved and to whom the person stands in a fiduciary or
confidential relationship;

17-A MRSA 501-A DISORDERLY CONDUCT

1. A person is guilty of disorderly conduct if:

B. In a public or private place, the person knowingly accosts, insults,
taunts or challenges any person with offensive, derisive or annoying
words, or by gestures or other physical conduct, that would in fact have a
direct tendency to cause a violent response by an ordinary person in the
situation of the person so accosted, insulted, taunted or challenged;

C. In a private place, the person makes loud and unreasonable noise that
can be heard by another person, who may be a law enforcement officer, as
unreasonable noise in a public place or in another private place, after
having been ordered by a law enforcement officer to cease the noise; or

17-A MRSA 901 DECEPTIVE BUSINESS PRACTICES

1. A person is guilty of deceptive business practices if, in the course of engaging
in a business, occupation or profession, he intentionally:

D. Sells, offers or exposes for sale any commodity which is adulterated or
mislabelled;

G. Makes or causes to be made a false statement of material fact in any
advertisement addressed to the public or to a substantial number of
persons, in connection with the promotion of his business, occupation or
profession or to increase the consumption of specified property or
service;

H. Offers property or service, in any manner including advertising or other
means of communication, as part of a scheme or plan with the intent
not to sell or provide the advertised property or services
(1) at all;
(2) at the price or of the quality offered;

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3 WASHINGTON STREET PLACE, UNIT 1

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