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 JUDICIAL NOTICE OF PUBLIC RECORD EVIDENCE IN SUPPORT OF FRAUD, FRAUD ON COURT, EMBEZZLEMENT BY PLAINTIFF ASSOCIATION/PLAINTIFF’S ATTORNEYS, AND CONTINUAL VIOLATIONS OF RECORD DECLARATION OF CONDOMINIUM, AND BY-LAWS, GRANADA CONDOMINIUM HOME(S) ASSOCIATION Clerk’s Case Number: 09 02617CC
PUBLIC RECORD EVIDENCE ON FILE, COLLIER COUNTY PUBLIC RECORDS, IN SUPPORT OF FRAUD, FRAUD ON THE COURT, AND EMBEZZLEMENT 1. The identified Collier County Public Record(s) on file support record fraud, fraud on the Court, and embezzlement by Plaintiff Association, Directors, and Plaintiff’s Attorneys: a. Collier County Official Record(s) 330/466 trough 330/493; 194717; DECLARATION OF CONDOMINIUM (1969);
b. Collier County Official Record(s) 330/494 trough 330/500; 194717; BY-LAWS of GRANADA CONDOMINIUM HOMES ASSOCIATION (1969); c. Collier County Official Record(s) 1003/687; d. Collier County Official Record(s) 1332/1750; and e. Collier County Official Record(s) 1517/2165. P. ASSOCIATION’S DELIBERATE NON-DISCLOSURE OF EXPENSES UNDER CH. 718 2. Florida Statutes, Chapter 718, CONDOMINIUMS, required full disclosure of the Plaintiff Association’s expenses. For years, the Plaintiff Association unlawfully refused to disclose its expenses as mandated by said Chapter 718. See demands for disclosure on file. 3. Here, Plaintiff fabricated “expenses” for the unlawful purpose of defrauding apartment owners. CONTINUAL VIOLATIONS BY DIRECTORS OF ASSOCIATION BOARD 4. Pursuant to the DECLARATION OF CONDOMINIUM, O.R. BOOK 1517, PAGE 2165, Collier County Public Records: “[a]ll ownership apartments in Granada shall be by an individual or immediate family members only. There shall be only one apartment per owner in the Granada Condominium Home Association. Anyone now owning more than one unit, may keep the second unit only until sold. Not more than three immediate family members can occupy an apartment. There can be no ownership of an apartment by a corporation or multiple persons not related.” Here pursuant to the Public Record: a. There were three (3) apartments per owner [e.g., Director Jackson] in the Granada Condominium Home Association. b. There were two (2) apartments per owner [e.g., Director van Dongen] in the Granada Condominium Home Association. c. There was ‘ownership of an apartment by multiple persons not related’ [see, e.g., Director Jackson; other unrelated owner “Brown”].
UNLAWFUL RETALIATION, FRAUD, FRAUD ON THE COURT 5. Here in retaliation, said Directors initiated said fraudulent “lien”, which was null and void ab initio. PROHIBITED LEASE & RETALIATION BY DIRECTORS 6. Pursuant to the DECLARATION OF CONDOMINIUM, 01368522, Collier County Public Records: “[a]nyone purchasing an apartment cannot lease it. It must be for the use of the owners and his immediate family use only.” Here, e.g., Directors Jackson and van Dongen leased their total of five (5) apartments and retaliated with the fraudulent “lien” when Dr. Busse complained. DIRECTORS WERE NOT PRESENT AT MEETINGS 7. Here pursuant to the Public Record, “Directors and members not present at the meetings … may express their approval in writing, providing such approval is delivered to the secretary at or prior to the meeting.” See, e.g., O.R. 330/487. Here, e.g., Director Jackson, who resides in California, was not present at the meetings and the “changes” and/or amendments null and void. MOTION FOR JUDICIAL NOTICE OF RECORD FRAUD ON COURT & DECEPTION 8. Hereby, Dr. Busse moves this Court to take judicial notice of the record fraud, fraud on the Court, and violations pursuant to the Collier County Public Records. 9. Here, the fraudulent “lien” was based on facially fraudulent and un-audited figures and/or expenses, which had never been disclosed under said Ch. 718, F.S. The forged expenses violated said DECLARATION and/or BY-LAWS. PUBLICATIONS OF COURT FILINGS & FRAUD EVIDENCE AT:
http://www.scribd.com/GRANADAFRAUD 10. Court filings, pleadings, and fraud evidence are published at: http://www.scribd.com/GRANADAFRAUD DR. BUSSE FULLY SATISFIED HIS “LIABILITY” UNDER THE BY-LAWS PLAINTIFF’S FRAUD ON THE COURT 11. The Plaintiff Association and Plaintiff’s Counsel perpetrated fraud on the Court. Pursuant to Collier County Official Record 330/470, 4.5 Common expenses: “Subject to paragraph 2.5 hereof, each apartment owner shall be liable for a 1/12 share of the common expenses.” Here pursuant to the record, Dr. Busse had fully satisfied his liability of ”a 1/12 share of the common expenses”, and the Plaintiff deceived and perpetrated fraud on the Court. PLAINTIFF’S ALLEGATIONS WERE FACIALLY FRIVOLOUS 12. 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. 13. 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
14. 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 15. 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.” Here in facial violation of said Rules, Regulations, Provisions, and/or By-Laws: No “audit of the accounts of the Association” was made annually by a certified public accountant, not a member of the Association, and No “copy of the report was furnished to each member not later than April 1st of the year following the year for which the report is made.” PLAINTIFF’S FRAUDULENT “CLAIM” OF UNAPPROVED ASSESSMENTS 16. The Plaintiff Association falsely and fraudulently pretended “assessments” of more than 105%. See fraudulent Complaint. 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.”
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 more than 105% were not any “genuine issue of material fact” as conclusively evidenced by the public record. DISMISSAL OF FRAUDULENT COMPLAINT WAS MANDATORY 17. Therefore here, Dr. Busse was entitled to the dismissal of said facially fraudulent Complaint. CASE FILE WAS AGAIN UNAVAILABLE 18. 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. 19. 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”; f. A notice of hearing was not “delivered” to Dr. Busse; g. Said Clerk’s Office was closed on Friday, April 2, 2010. 20. 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 21. 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 RECORD VIOLATIONS OF FLORIDA BAR UNIFORM TITLE STANDARDS 22. 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 23. 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”. 24. 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, Dr. Busse demands
1. The taking of judicial notice of said self-authenticating Collier County Public Record evidence proving Plaintiff’s and Plaintiff’s Attorneys’ deception, fraud, and/or fraud on the Court; 2. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said Official Records, By-Laws, and conclusive evidence on file; 3. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing; 4. An Order for service of a notice of hearing upon Dr. Busse under said Rules; 5. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s record title free and clear; 6. An Order declaring any and all unapproved assessments null and void under said By-Laws and Public Records; 7. 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; 8. 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. 9. 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, firstname.lastname@example.org, 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 2nd day of April, 2010. The pleading is also being published worldwide. See, e.g., www.scribd.com. /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, email@example.com, 239-595-7074 CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.
Rip Off Report: By Consumers, For Consumers Forest Mere Property Owner Association... Page 1 of 7
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Report: Forest Mere Property Owner Association Bonita Springs Florida P.O.Box 367754
Category: Court Judges
Forest Mere Property Owner Association Bonita Springs Florida The illegal
Rip Off Report: By Consumers, For Consumers Forest Mere Property Owner Association... Page 2 of 7
Board as President John Shaver, VP Lester Dibartolomeo who do not owne a home, Tresurer James Schmidt Secretary Sahra Strahan Bonita Springs Florida
Forest Mere Property Owner Association Bonita Springs Florida P.O.Box 367754
11781 RED HIBISCUS DR./ Shaver John Bonita Springs, Florida 34135 U.S.A. Phone: Fax:
Submitted: Wednesday, March 11, 2009
Modified: Wednesday, March 11, 2009 Bonita
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Rip Off Report: By Consumers, For Consumers Forest Mere Property Owner Association... Page 3 of 7
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Forest Mere Property Owners Association is in the Second year without 2/3 Votes. The Frustration over 95 % of Home Owners is so high, that no body is going to the Board Meetings. The Board as President John Shaver, VP Lester Dibartolomeo who do not owne a home, Tresurer James Schmidt Secretary Sahra Strahan. No one of these Board Members are legaly Voted in to the Board. We are ca. 228 Home Owners perhaps 8 poeple has participated on there meetings and perhaps voted for them. We requested formal written invitation to the mettings. We did no reaction. We reqested from several Companies original Accounting Audits they do not respond. These Board act look thru protection sopport of there lawyers Samouce, Murrell & Gal, P.A with Robert E Murrell VIOLATIONS: FINANCIAL DISCREPANCIES *ILLEGAL UNLICENSED CONTRACTOR with Kick back *ILLEGAL PAYMENTS TO DIRECTORS *NO NOTIFICATION OF MEETING TIMES/MEETING TIME CHANGES *RETALIATION AGAINST THOSE WHO QUESTION FINANCIALS Of THE PAST SEVEN YEARS Dear Ms. Clark, after our conversation with you at The Florida Bar help line. I send you this copy what I have send by e-mail to the Attorneys what they did not answered. The Florida Bar Inquiry/ Complaint Form From Peace of Life Corporation Stephan de Paz Ph.D P.O.Box 366253 Bonita Springs, Fl 34135 Phone 239 948 1158 Fax 239 948 1158
Rip Off Report: By Consumers, For Consumers Forest Mere Property Owner Association... Page 4 of 7
To Attorneys Office Robert C. Samouce, Robert Murrell, Alfred F Gal, Jr 5405 Park Central Court Naples, Fl 34109 Telephone 239 596 9522 Fax
239 596 9523
Rip Off Report: By Consumers, For Consumers Forest Mere Property Owner Association... Page 5 of 7
Bonita Springs, Fl 2/19/09 Mr. Murrell This is in regards of Forest Mere Property Owners Association one of your client. JOHN SHAVER & DIBARTOLOMEO LESTER & JAMES SCHMIDT Your office failed to control your own trust account at Liberty Bank Naples and place a lien against my properties on 2/9/08 three days after I already paid for 2008 and 2009 on 2/6/09 to the Illegal Board (not 2/3 Votes of 228 Members 2007 and 2008) JOHN SHAVER & DIBARTOLOMEO LESTER & JAMES SCHMIDT. Mr. James Schmidt received two complete years of payments what he could place in to the accounts of Forest Mere Property Owner Association (FMPO) What we have send per certified Mail six checks to FMPO Association stamp and signed by James Schmidt on February 2 2009 two Years 08/09 of Association Fees for FMPO. James Schmidt has send it to your Office from at Liberty Bank Naples on 2/6/09 your trust account two Years 08/09 of Association Fees for FMPO. Your office had already the Open amount of FMPO Association Fee on 2/6/2009. Copy e-Mail 1.) ________________________________________ From: Stephan de Paz Ph.d [mailto:peace of life] Sent: Wednesday, February 18, 2009 8:13 AM To: 'email@example.com' Subject: All payments of to FMPO Association Inc. 11900 Forest Mere Dr #102 & #202 for 2008 and 2009 in upfront. All payments of to FMPO Association Inc. 11900 Forest Mere Dr #102 & #202 for 2008 and 2009 in upfront. Release the enforced lien against my Property recorded at Feb 9, 2009 after you placed my checks on the Feb 6, 2009 at your account.The Money to that day at Feb 6, 2009 was already in your account. Your Ethic should tell you, that you are wrong doing. On Feb. Monday the 9 you could call your bank that you see the Money was at your bank account! Perhaps you remind the Board of FMPO Association to obey and follow these Legal rules of Law of the facts by Gov Christ of the new 2008 – 2009 Home Owner Association Laws and Ethic. Nobody is above the law! I will inform the Florida Bar Association of your tactic Document Type: (LI) Lien