IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GRANADA CONDOMINIUM HOMES

ASSOCIATION, INC., et al., Plaintiffs, vs. DR. JORG BUSSE [“BUSSE, J. R.”], et al. DEMAND FOR JURY TRIAL NOTICE OF PLAINTIFF ASSOCIATION’S FRAUD _________________________________________________________________/ MOTION FOR ACCESS TO CASE FILE PRIOR TO HEARING AND SERVICE OF NOTICE OF HEARING UNDER THE RULES (April 1, 2010) 1. Pursuant to Dr. Busse’s Notice of Unavailability on record, Dr. Busse was away. Upon Dr. Busse’s return, Busse inquired about this Case in the Clerk of Court’s Office on 04/01/2010. CASE FILE WAS AGAIN UNAVAILABLE 2. On 04/01/2010, at approx. 3:10 PM, the Clerk of Court (A.) advised Dr. Busse that a. The case file was not available; b. Said case file had been removed to Judge Turner’s Office on 03/31/2010; c. Reportedly, a “hearing” appeared on the Clerk’s docket; d. A summons was issued and handed to Plaintiff’s Attorney; e. Mail to Dr. Busse was reportedly not “delivered”; Clerk’s Case Number: 09 02617CC

f. A notice of hearing was not “delivered” to Dr. Busse. 3. Upon request, the Clerk could not identify a. Which motions were purportedly “to be heard”; b. Which party’s motions were reportedly “to be heard”. UNAVAILABILITY NO NOTICE OF HEARING WAS DELIVERED TO DR. BUSSE PURSUANT TO RECORD 4. Fla. Rules of Civ. P. require service of a notice of hearing and identification of the motion(s) to be heard so that a party can properly prepare. Here, there was no service and Dr. Busse could not prepare. Furthermore, Dr. Busse, who is also a German citizen and Physician Executive with a professional license in another state, is unavailable PLAINTIFF’S “CLAIM” OF UNAPPROVED AND/OR FRAUDULENT ASSESSMENTS 5. The Plaintiff Association falsely and fraudulently pretended “assessments” of more than 105%. See fraudulent Complaint. 6. Here, Granada apartment owners did not approve in writing assessments for recurring common expense of more than 105%. Pursuant to Collier County Official Records, Book 330, Page 498 [6.2]: “The total of the assessments for recurring common expense shall be not more than 105% of the assessments for this purpose for the prior year unless approved in writing by apartment owners entitled to cast 9 votes in the Association.” 7. Here since 2004, the purported record “assessments for recurring common expense” were “more than 105% of the assessments for this purpose for the prior year(s)” and “not approved in writing”. Pursuant to said public record, the Plaintiff Association’s “claims” and action were fraudulent. Plaintiff’s facially fraudulent claim of assessments for recurring common expense of

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more than 105% were not any “genuine issue of material fact” as conclusively evidenced by the public record. DR. BUSSE FULLY SATISFIED HIS “LIABILITY” UNDER THE BY-LAWS PLAINTIFF’S ALLEGATIONS WERE FACIALLY FRIVOLOUS 8. Pursuant to Collier County Official Records, Book 330, Page 472: “the making and collection of assessments against apartment owners for common expenses shall be pursuant to the By-Laws and subject to the following provisions … each apartment owner shall be liable for a one-twelfth [1/12] share of the common expenses, and shall share in the common surplus, such share being the same as his undivided share in the common elements.” Here pursuant to the record and said By-Laws, and subject to said provisions, Dr. Busse fully satisfied his one-twelfth [1/12] share of the common expenses … On its face Plaintiff’s Complaint and the assessments and/or figures and numbers were frivolous and for the unlawful purpose of defrauding Dr. Busse. 9. The Plaintiff failed to make a good faith effort to resolve the facially frivolous “dispute” and to reconcile the frivolous Complaint with said record By-Laws and provisions. THE PURPORTED “LIEN” WAS NOT IN EFFECT 10. Pursuant to Collier County Official Records, Book 1332, Page 1750: “The lien is in effect until all sums secured by it have been fully paid or until barred by law.” Here, the “lien” was “barred by law” and procured through fraud; and all sums and/or expenses had been “fully paid”. Previously, Defendant Dr. Busse had filed: DEF. DR. BUSSE’S DECLARATORY STATEMENT(S) & PUBLIC RECORD EVIDENCE IN SUPPORT OF NULL AND VOID “LIEN”, AND MOTION TO DECLARE SUBJECT TITLE AUTOMATICALLY QUIETED PLAINTIFF ASSOCIATION REFUSED TO DISCLOSE AUDIT REPORTS

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11. Pursuant to Collier County Official Records, Book 330, Page 499 [6.7]: “An audit of the accounts of the Association shall be made annually by a certified public accountant, not a member of the Association, and a copy of the report shall be furnished to each member not later than April 1st of the year following the year for which the report is made.” RECORD VIOLATIONS OF FLORIDA BAR UNIFORM TITLE STANDARDS 12. In support of Plaintiff’s and Counsel’s fraud and fraud on the Court, attached are the Uniform Title Standards by the Florida Bar. See Exhibits. Here, Plaintiff’s “lis pendens” was unsupported and for the unlawful purpose of extorting unauthorized and/or fraudulent assessments. ESSENTIAL RECORDS OF PLAINTIFF’S DEFUNCT AND/OR BANKRUPT AGENTS 13. The Plaintiff and/or Association’s agents have repeatedly refused to disclose the accounting and expense records of the previous defunct and bankrupt agents for Plaintiff Granada Condominium Homes Association, Inc., such as, e.g., a. “Collier Association Management, Inc.”; b. “Orion Bank”; c. “Palm Property Services, LLC”; d. “Asset Property Management & Services, LLC”. 14. Said records are essential in these and other judicial proceedings, and in particular, because the Plaintiff and Counsel fraudulently initiated a purported “lis pendens” in the absence of expense records and documentation. WHEREFORE, Defendant Dr. Busse demands 1. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing; 2. An Order for service of a notice of hearing upon Dr. Busse under said Rules;

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3. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s record title free and clear; 4. An Order declaring any and all unapproved assessments null and void under said By-Laws and Public Records; 5. An Order compelling the Association to disclose any and all accounting and other records since 2003 pursuant to said By-Laws, and Ch. 718, Condominiums, Florida Statutes, and in particular the records of said failed and/or defunct Association agents; 6. An Order sanctioning Chene M. Thompson, Esq., Florida Bar 541540, for the prima facie perjury and fraud on the Court she and her firm, Richard D. DeBoest, II, Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, perpetrated on the record when Thompson swore to and filed the fraudulent Affidavit (01/28/2010) to mislead this Court. 7. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records, and Declaration of Condominium. /s/Jorg R. Busse, M.D., M.M., M.B.A. SIGNATURE State Certified Residential Appraiser, Licensed Real Estate and Mortgage Broker P.O. Box 11124, Naples, FL 34101-11124, jrbu@aol.com, 239-595-7074 CERTIFICATE OF SERVICE AND PUBLICATION I HEREBY CERTIFY that a true and correct copy of the above pleading has been furnished to the Plaintiff, Granada Condominium Homes Association, Inc., and/or its agent of record, Platinum Property Management, LLC, North Collier Corporate Center II, 1016 Collier Center Way, Suite 102, Naples, FL 34110, Chene M. Thompson, Esq., Florida Bar 541540, Richard D. DeBoest, II, Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, and to reassigned Judge Eugene C. Turner, Naples Courthouse, 3301 E. Tamiami Trail, Naples, FL 34112, on this 1st day of April, 2010. The pleading is also being published worldwide. See, e.g., www.scribd.com.

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/s/Jorg R. Busse, M.D., M.M., M.B.A. SIGNATURE State Certified Residential Appraiser, Licensed Real Estate and Mortgage Broker P.O. Box 11124, Naples, FL 34101-11124, jrbu@aol.com, 239-595-7074 CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.

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