• Petitioned Honorable Judge

This petition was delivered to:

Landlord Tenant General Sessions Court of Campbell County Tennessee
Honorable Judge

Dismiss Eviction Notice Without Prejudice

    1. Emma Lowe
    2. Petition by

      Emma Lowe

      Jacksboro, TN

To Whom It May Concern,
Honorable Judge,

I desperately need to be heard and hereby plead for right and fair justice in the matter of eviction scheduled on Monday, April 30, 2012, in Landlord Tenant Court of Campbell County TN in General Sessions.

On Monday, April 23, 2012, at 5:30 pm, I was served and received a 5 Day Eviction Notice dated Monday, April 25, 2012  citing un-named lists of violations, and without prior written notice there-of (alleged) non-compliance.This notice further states that I am not to pay rent nor to contact the property owner [address & phone unknown] nor his agents [Lamar Corp & Property Management of 130 Garden Lane, Lafollette, TN 37766] and demands that I am to deliver up the keys to the unit and vacate premises on Monday, April 30, 2012 !?!
Further it was by this ways and means which I did learn that Cumberland Crests Apartments did change attorney's from Lamar Corp to Pryor Parrot PC effective this same date !?!

I am a disabled grandmother raisng my 2 year old grandchild, who I received as temporary custody on October 8, 2010 and assigned permanent custody on February 14, 2012. I depend upon a meager (social security widows benefits) monthly income to provide for and support the two of us.

I pay my rent & bills on time monthly, and
I am friendly to and considerate of my neighbors, despite if any estrangements there may be, and
I have never knowingly nor willfully violated lease agreement nor rules and regulations.

Yet, those neighbors who fail to pay rent on time monthly have been allowed to stay - without threat nor intimidation for eviction, and
my concerns and/or attempts to report those neighbors who do routinely disturb the peace and/or engage in inappropriate and illicit behaviors and/or drug abuse and/or drug activities and/or make false reports against me are dismissed and/or refused by property management, and
I am forced to live in uncomfortable conditions routinely and designed to remove me either via abandonment or wrongful eviction.
 
This is not right nor fair nor just! I have been singled out and routinely harassed by property agent's, and
the property owner consistently denies owning the property each time I have tried to contact him for mediation and/or resolution in this longstanding matter !?!

Whereas, this is a personal vendetta instigated and maintained by the maintenance man since hire late last May 2011, because I was not and I am not (intimately) interested in him beyond his profession, and
Whereas, maintenance did thereafter routinely deprive and delay plumbing, electric and central heat & air and all other maintenance services to my unit on multiple occasions, and
maintenance did initiate longstanding and ongoing harassment against me, and
in August 2011, maintenance did inquire of me for prior knowledge of prospective tenants pretending to be concerned and desiring favorable occupants, and did knowingly and willfully let same estranged acquaintance and tenant (who did date my youngest son and did reside in my former home in 2009), to rent as my estranged neighbor, and 
said estranged acquaintance and tenant neighbor did commence to harass my visitors and lay hands upon my grandchildren as they visited during the daytime, and she did make false reports against me, and
property agent's made themselves unavailable and/or refused to receive my concerns, and
maintenance did maliciously slander my good and reputable character among my neighbors, (and he did make unfriendly remarks about me, and he did refer to me as "a whore" and "a piece of shit," and
maintenance did with malicious intentions instigate false allegations and to obtain wrongful Notices of Non-Compliance against me on several occasions and
did wrongfully single me out among my neighbors at a community gathering to impose and/or intimidate and wrongfully create a lists of alleged violations to enforce my eviction via aforementioned, and
Whereas, property manager did speak to me in a hostile and aggressive manner upon my attempts to defend and rebut alleged violations here-of mentioned, and
maintenance did make false Police Calls in late October 2011, alleging that I had a violent and threatening visitor, naming a former tenant whom he did have intimate relations during June and July 2011 and following termination of her lease agreement at same Cumberland Crest Apts in late July 2011, and who did come to me in late October 2011 for a period of 5 days for help to locate housing upon her estranged (new) relationship and displacement (since and as she had only relocated from West Tennessee in April 2011 and did friend me during her brief tenancy at Cumberland Crests Apts and she did not know anyone else to help her in this hardship), and
maintenance did make criminal impersonation naming himself to be both property owner and property management during aforementioned Police Calls, (See 911 Dispatch Call Sheet) to insure her removal from my home and said premises, and
maintenance did thereafter make bribes to my estranged neighbor aforementioned (and as reported to me by my other neighbor) to make it worth their while to keep-watch over visitor activity in & out of my home and report to property agent's alleged activities, and
in November 2011, I was served and received a 3-Day Eviction Notice posted to my door for alleged non-payment of rent, and
on Decemer 5, 2011, I did learn from Lamar Corp Attorney and property manager, whereby property manager did withhold and refuse my rent payment in November 2011 and without appropriate nor prior notice to me, in order to wrongly enforce (ongoing attempts) to evict, and
on December 5, 2011 Lamar Corp Attorney did switch reason for eviction from alleged rent non-payment to alleged Disturbance of Peace which inclines me to suspect further malicious attempts to enforce eviction, and
on December 19, 2011, property manager and Lamar Corp Attorney Attorney did (again) switch alleged Disturbance of Peace allegation to excessive occupants beyond two (2) persons and
on December 19, 2011, property manager and Lamar Corp Attorney did demand that I may not have over-night visitors without prior written requests and/or property management consent, which violates my basic civil & human right's per lease agreement, and
on December 19, 2011, and, yet, I was intimidated to agree to the latter demands here mentioned in order that I may secure time needed to locate other housing elsewheres, and
this matter was rescheduled for final disposition on June 18, 2012 at 9:00 am in the event that I may not be successful at vacating and without penalty upon and/or prior to end of yearly lease agreement on or by June 7, 2012, and which may begin as month-to-month tenancy thereafter, and as agreed upon by all parties.

For these reasons, I am inclined to believe, property agent's have no honorable intentions of refunding my deposit in the sum of four-hundred dollars ($400.00), and
property manager may have no intentions of honoring promised rent credit upon final rent payment due and for my out-of-pocket expenses to clean and make ready the unit for my occupancy in July 2010, in the estimated sum of one-hundred, seventy dollars ($170.00) and
Whereas, following application and approval for said unit and unreasonable delay in cleaning, maintenance and to make unit ready and in good condition for my occupancy in a timely manner, it was agreed between property agent's and I that I did need to purchase cleaning materials and supplies and accessories upon occupancy to make unit ready and in good condition and liveable for occupancy and prior to delivery of newly purchased furniture, appliances, other personal property and possessions, that it may pass TN-DCS inspection for Temporary Custody of my grandchild, and
per lease agreement rent credit for hotel expenses pending and resulting directly from deprived and delayed maintenance services to plumbing and electric and central heat & air, and
current damages to my personal property and possession resulting from property agent's refusal to treat nor exterminate present cockroach pest infestation from Fall to date, nor beyond haphazard and incomplete attempt on January 3, 2012, and
I am continuously made to suffer uncomfortable living conditions and current damages to my personal property and possessions and for newly purchased upon occupancy in July 2010 aforementioned, with an estimated fair market value in the sum of seven-thousand dollars ($7,000.00 (+/-), and
property agent's consistent refusal to perform timely and reasonable maintenance services to date.

Of the few notice's of (alleged) non-compliance which were received and posted on my door since late May 2011, I was, and remain singled out among all tenant-neighbors and cited for daytime noise during community gatherings within rules and regulations and following my requests for maintenance services.

This is harassment! And my basic human and civil right's are being violated! I believe that I am entitled to be heard and given a fair trial. Though I believe this matter should be dismissed according to what is right and fair and just.

While it has become my burden and intention to vacate said premises as soon as possible, and I have been searching since January 2012 for affordable housing elsewhere, to no avail and as of this date; I cannot afford to move within seven (7) days time only nor on or by Monday, April 30, 2012.
I am physically disabled and require financial and other (physical) assistance to get ready, to pack and to vacate.
And, I do not receive my disability income again before May 3, 2012.
Further, in the event that property management wrongly refuses to refund my deposit and refund my out-of-pocket expenses aforementioned, I will not have those funds to apply for deposit elsewhere on nor by Monday, April 30, 2012.
And my lease agreement does not expire until June 7, 2012; when I did anticipate as per court date on December 19, 2011, to either be able to vacate or to stay month-to-month until I am wholly able.

The stress from this longstanding and ongoing harassment has literally caused my recent [shingles] illness, which has further delayed my effort's to search and find affordable housing. 

And worse yet is that the Legal Aid lawyer assigned to my case fails to whole-heartedly and more fully defend and/or represent my case, and has made attempts to misguide me with insufficent defense and intimidation, stating the honorable judge will not want to hear any of the whole truth nor oversee it - though right and fair and just.

If you can help me, I will greatly appreciate it.

Thank you & God Bless.

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    1. Reached 10 signatures

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    Reasons for signing

    • Debbie Wethington GREENFIELD, IN
      • over 2 years ago

      She is being discriminated against and sexually harassed. Where does this all end? She has a 2 year old and they want to put her and that baby out on the street?!?!? Where are the rights of the child? Totally unacceptable!!

      REPORT THIS COMMENT:
    • Rhieka Veljkovic MISSISSAUGA, CANADA
      • over 2 years ago

      For A Friend who is being discriminated against severely.

      REPORT THIS COMMENT:
    • Martha Mayhew-Merson STAFFORD, VA
      • over 2 years ago

      Knowing Emma Jean Lowe all my life I can attest that she is not being treated fairly by her current landlord and maintenance worker. I'm am signing this petition because this is a miscarriage of Justice toward's a woman who as broken no laws to be losing her home. She has merely made request's to have her apartment maintenance'd by her landlord and his agent's and now they are in hot pursuit to remove her as a resident. She does not violate any laws. Is a outstanding citizen and pays her rent on time each month. Has not violated any rules and regulation's within her lease agreement and she has had her civil right's to privacy and privilege's trampled on by a maintenance worker who condone's the other tenant's use and distribution of narcotics.I have been speaking to Mrs.Lowe on the phone when the complexes Maintenance man came to her home unannounced( without prior written notification) and spoke rudely and and aggressively towards her. This all has caused her great distress over these past months. She has called me upset and even emotional distraught over the weight of bombardment these so called professionals are imposing upon her. She has been extremely sick as a result of the constant stress. I happen to know for a fact that the Maintenance worker continued to call Mrs.Lowe asking her to find drug rehabilitation centers for him through his daughter. This went on for week's. As if to imply that she should know where these center's would be located. Their way of continuing their harassment of her. No one should have to go through what she has endured over this past year or so. Living in unsafe conditions and then being harassed with evictions notices over minor and trivial issues ans some that have nothing to do with her whatsoever. Thank you for hearing my opinions and input on her situation. Martha Mayhew-Merson

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    • Donald Jones MIMS, FL
      • over 2 years ago

      I have known Emma Lowe since 1998, and can say with all certainty, She is one of the most honest, and considerate person I know, and would have gone out of Her way to keep the peace, rather than to have disturbed the peace in any way!

      REPORT THIS COMMENT:

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