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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT

IN AND FOR COLLIER COUNTY, FLORIDA

GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al.,

“Plaintiffs”,

vs. Clerk’s Case Number: 09 02617CC

DR. JORG BUSSE [“BUSSE, J. R.”], et al.

__________________________________________________________________________/

EMERGENCY MOTION TO STRIKE FRAUDULENT “affidavit”

BECAUSE OF PUBLICLY RECORDED PERJURY & FORECLOSURE FRAUD

PUBLISHED NOTICE OF FRAUDULENT “affidavit” AND PERJURY

FRAUDULENT “J R BUSSE” “affidavit of non-service” OF RECORD

1. On or around “07/23/2010”, the Clerk entered a facially fraudulent “affidavit of non-service of

summons J.R. BUSSE” on the Docket:

Here, no summons for “J. R. BUSSE” had been “issued” pursuant to the public record, Docket.

Here on its face, said “Affidavit” was fraudulent, because no “summons” for “J. R. BUSSE”

had existed or could have possibly been “served”.

“J R BRUSSE” SUMMONS OF RECORD

2. On or around “03/31/2010”, the Clerk of this Court reportedly “issued a summons” regarding

“J R BRUSSE”:
“J R BRUSSE” WAS NOT ANY PARTY TO THIS FRAUDULENT ACTION

3. “J R BRUSSE” has not been any named party to this facially fraudulent action. See Docket.

FORECLOSURE FRAUD OF RECORD

4. Here, no debt in the name of “J. R. BRUSSE” existed.

5. Here, no debt attached to Dr. Busse’s homesteaded property of record.

EMERGENCY: PREVENTION OF FORECLOSURE FRAUD

6. Prevention of foreclosure fraud is a top-ranking public agenda. Under public policy, the

recorded fraud and perjury created an EMERGENCY.

RECORD PATTERN OF PERJURY

7. Purported “Plaintiff” and "Plaintiff’s” Attorney demonstrated a publicly recorded pattern of

perjury. Dr. Busse objected to “Plaintiff’s” and Plaintiff Attorney’s perjury and demanded the

Court to intervene.

8. Previously, Dr. Busse had filed:

“MOTION TO COMPEL EUGENE C. TURNER TO SHOW CAUSE WHY

THE AFFIDAVITS AND PUBLIC RECORDS ON FILE DID NOT ESTABLISH THE

PRIMA FACIE FRIVOLITY & ILLEGALITY OF DEFENDANTS’ CLAIMS

AND WHY THEY SHOULD NOT BE SUMMARILY DISMISSED”

9. Dr. Jorg Busse had moved this Court to compel objectively partial Judge Eugene C. Turner to

SHOW CAUSE why the Affidavits and Public Records on file did not conclusively evidence the

prima facie frivolity and illegality of Defendants’ claims and why said facially fake cause(s)

should not be summarily dismissed.

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ARBITRARY, CAPRICIOUS & VOID SO-CALLED “ORDERS” & “RULINGS”

10. Under separate cover, Dr. Jorg Busse had moved this Court to compel objectively partial Judge

Eugene C. Turner to SHOW CAUSE why his so-called “rulings” and “orders” were not on their

faces irrational, arbitrary, capricious, and null & void as evidenced by the public record

evidence, affidavits, and Dr. Busse’s payment records on file.

FEDERAL LAW SUIT AGAINST DEFENDANT EUGENE C. TURNER

11. Dr. Busse filed a lawsuit against Defendant Eugene C. Turner in U.S. District Court. See

publications at www.scribd.com.

WHEREFORE, Dr. Busse demands

1. An EMERGENCY Order striking said fraudulent “affidavit of non-service”, because it was

procured through perjury and fraud an on its face fraudulent;

2. An EMERGENCY Order striking said fraudulent “affidavit of non-service”, because “J.R.

BRUSSE” was not any named party to this action;

3. An EMERGENCY Order striking said fraudulent “affidavit of non-service”, because no

recorded debt in the name of “J.R. BRUSSE” attached to Dr. Busse’s property pursuant to the

public record;

4. An Order dismissing this Case because of the recorded foreclosure fraud;

5. An EMERGENCY Order enjoining said perjury and fraud on the Court;

6. An EMERGENCY Order striking said fraudulent “affidavit of non-service”, because it

violated Florida’s Rules of Civil Procedure;

7. An Order compelling Eugene C. Turner to SHOW CAUSE why Defendants’ facially frivolous

and illegal claims should not be summarily dismissed as supported by the Affidavits and Public

Record evidence on file;

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8. An Order compelling Eugene C. Turner to SHOW CAUSE why his “orders” and “rulings” were

not on their faces irrational, arbitrary, capricious, and null & void as evidenced by the public

record evidence, Affidavits, and Dr. Busse’s payment records on file.

9. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene C.

Turner, because he was so impaired that he could not perform the essential duties of a judge in

his shoes in this Case;

10. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene C.

Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s shoes

could have possibly determined Dr. Busse’s “liability” without first obtaining the absolutely

required “common expenses” [denominator in said fraction];

11. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene C.

Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s shoes

could have possibly refused to give full credit to the record evidence of payments by Dr. Busse

to the Plaintiff Association;

12. An Order compelling said Judicial Officer Turner and the Court to show good cause why said

judicial Officer was not impaired and not objectively partial;

13. An Order compelling said Judicial Officer Turner and the Court to show good cause why said

judicial Officer must not be disqualified under the Rules and based upon the conclusive

evidence of Dr. Busse’s payments to the Plaintiff Association on file in this and the related

Case;

14. An Order compelling said Judicial Officer Turner and the Court to show good cause why said

judicial Officer did not conceal that Dr. Busse was NEVER served;

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15. An Order compelling the Plaintiff to disclose and produce the Association’s “common expense”

records as required by law;

16. An Order compelling the Plaintiff to disclose and produce the Association’s “accounting”

records as required by law [see, e.g., Ch. 718];

17. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said Official

Records, By-Laws, and conclusive evidence on file;

18. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing;

19. An Order for service of a notice of hearing upon Dr. Busse under said Rules;

20. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s record

title free and clear;

21. An Order declaring any and all unapproved assessments null and void under said By-Laws and

Public Records;

22. 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;

23. 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.

24. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records,

and Declaration of Condominium.

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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 27th
day of July, 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, jrbu@aol.com, 239-595-7074

CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.

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7/27/2010 Public Inquiry

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Style: GR ANADA C O NDO HO MES INC vs BUSSE, J R


Uniform Case Number: 112009C C 0026170001XX Filed: 08/14/2009
Clerks Case Number: 0902617C C
Court Type: C O UNTY C IVIL Disposition Judge:
Case Type: LIEN FO R EC LO SUR ES Disposed:
Judge: TUR NER , EUGENE C Reopen Reason:
Case Status: O PEN Reopened:
Next Court Date: Reopen Close:
Last Docket Date: 07/23/2010 A ppealed:

Parties Dockets Events Financials

2 of 2 page s. Entrie s pe r page : 100

Date Text All Entries


06/09/2010 O R DER DENYING DEFENDANTS MO TIO N TO DISQ UALITY JUDGE S/TUR NER
06/11/2010 O BJEC TIO N TO
FR AUDULENT 5/10/10 O R DER JUDIC IAL INPAIR MENT AND O BSTR UC TIO N O F
JUSTIC E
06/11/2010 MO TIO N TO C O MP EL EMER GENC Y MO TIO NS TO SHO W GO O D C AUSE
06/11/2010 NO TIC E
PUBLIC NO TIC E O F JUDIC IAL IMPAIR MENT O BSTR UC TIO N O F JUSTIC E AND
UNLAW FUL 6/09/10 O R DER
06/11/2010 O BJEC TIO N TO
6/9/10 O R DER JUDIC IAL IMPAIR MENT AND O BSTR UC TIO N O F JUSTIC E
06/11/2010 NO TIC E O F APPEAL O R DER R ENDER ED 6/9/10 10-06-AP C ER TIFIED C O PY
06/25/2010 MO TIO N TO C O MP EL & SHO W C AUSE BY J R BUSSE
06/25/2010 MO TIO N TO C O MP EL & SHO W C AUSE BY J R BUSSE
06/29/2010 O R DER BY AP BANC C ER TIFIED C O PY O R DER O F DISMISSAL 10-01-AP
07/23/2010 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS J.R . BUSSE
07/23/2010 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS
JANE DO E AS UNKNO W N SPO USE O F J.R . BUSSE

W e dne sda y night is re gular m ainte nance tim e on our se rve rs; as a re sult brie f outage s m ay occur.
W e apologize in advance for a ny inconve nie nce .

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apps.collierclerk.com/…/Case.aspx?UC… 1/1
7/27/2010 Public Inquiry

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Site Search

Home / Records Search / Court Records / Public Inquiry / Search Results - A LL / C ase - 112009C C 0026170001XX

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Case Information Printer Friendly Version

Style: GR ANADA C O NDO HO MES INC vs BUSSE, J R


Uniform Case Number: 112009C C 0026170001XX Filed: 08/14/2009
Clerks Case Number: 0902617C C
Court Type: C O UNTY C IVIL Disposition Judge:
Case Type: LIEN FO R EC LO SUR ES Disposed:
Judge: TUR NER , EUGENE C Reopen Reason:
Case Status: O PEN Reopened:
Next Court Date: Reopen Close:
Last Docket Date: 07/23/2010 A ppealed:

Parties Dockets Events Financials

1 of 2 page s. Entrie s pe r page : 100

Date Text All Entries


08/13/2009 NO TIC E O F LIS PENDENS
08/13/2009 C O RR ESPO NDENC E FR O M C O UNSEL TO C LER K
08/13/2009 C IVIL C O VER SHEET
08/13/2009 C O MPLAINT
08/13/2009 PAID $10.00 PER ISSUANC E O F SUMMO NS $30.00
08/13/2009 MO TIO N TO AP PO INT A R EC EIVER
TO C O LLEC T R ENTS O R IN THE ALTER NATIVE PLAC E R ENTS IN THE R EGISTRY O F
THE C O UR T
08/21/2009 SUMMO NS ISSUED
J R BUSSE/JANE DO E AS UNKNO W N SPO USE/UNKNO W N TENANTS MAILED TO
ATTO R NEY
08/25/2009 NO TIC E O F JO INDER O F JULIA N JAC KSO N & MO TIO N TO STR IKE
08/25/2009 MO TIO N EMER GENC Y / BY DR JO R G BUSSE
08/25/2009 NO TIC E O F JO INDER / DR JO R G BUSSE
08/25/2009 NO TIC E
(EMER GENC Y) O F FR AUD O N C O UR T & FR AUDULENT C LAIM BY DEFENDANT
J R BUSSE
08/25/2009 MO TIO N (EMER GENC Y) TO STR IKE ASSO C IATIO N'S PLEADINGS BY P LAINTIFF
08/26/2009 NO TIC E O F JO INDER O F R O BER T C SAMO UC E TO THIS AC TIO N
08/26/2009 NO TIC E O F JO INDER O F KEVIN P GAFFNEY
08/26/2009 NO TIC E O F JO INDER O F R O BER T E MUR ELL TO THIS AC TIO N
08/26/2009 R EQ UEST FO R ADMISSIO NS DIR EC TED TO R O BER T E MUR R ELL
08/26/2009 NO TIC E
O F C O NC LUSIVE EVIDENC E O F FR AUD O N THE C O URT AND FR AUDULENT C LAIM/
AC TIO N BY GR ANADA C O NDO HO MES ASSN INC BY DR JO R G BUSSE
08/26/2009 R EQ UEST FO R ADMISSIO NS DIR EC TED TO JULIA N JAC KSO N
08/26/2009 MO TIO N TO C O MP EL PR O DUC TIO N O F ALL ASSO C IATIO N R EC O R DS
08/27/2009 MO TIO N
EMERGENC Y P LAINTIFFS NO TIC E O F JO INDER O F JO HN P IER R E VAN DO NGEN TO

apps.collierclerk.com/…/Case.aspx?UC… 1/4
7/27/2010 Public Inquiry
THIS AC TIO N/MO TIO N TO STR IKE ASSO C PLEADINGS AS SHAM
08/27/2009 MO TIO N
& NO TIC E O F PUBLIC ATIO N O F P LAINTIFF C R O SS C LAIMANTS C O NC LUSIVE
EVIDENC E O F FR AUD O N THE C O UR T & FR AUDULANT C LAIM/AC TIO N BY GR ANADA
08/27/2009 MO TIO N
& NO TIC E EMER GENC Y FO R DISC LO SUR E O F ASSO C IATIO NS AC CO UNTING REC O R DS
BY ANY & ALL ACC O UNTING ENTITIES PUR SUANT TO C H 718 FLA STAT
08/27/2009 R EQ UEST FO R ADMISSIO NS TO JULIA N JAC KSO N
08/27/2009 MO TIO N TO C O MP EL BY DR JO R GE BUSSE
08/27/2009 NO TIC E
O F JO INDER O F JULIA N JAC KSO N/EMER GENC Y MO TIO N TO STR IKE ASSO C IATIO N
PLEADINGS/NO TIC E O F ASSO C IATIO N FR AUD O N C O UR T
08/27/2009 NO TIC E
O F FR AUD AND FALSE PR ETENSES O F NO N PAYMENT O F C O NDO FEES/MEMO R ANDUM
IN SUPPO R T O F ASSO C IATIO N FR AUD O N C O UR T
08/27/2009 NO TIC E
O F JO INDER O F JULIA N JAC KSO N/EMER GENC Y MO TIO N TO STR IKE/NO TIC E O F
FR AUD
08/31/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS DR JO R GE R BUSSE
08/31/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS DR JO R GE BUSSE
12/11/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS JANE DO E
12/11/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS JR BUSSE
12/11/2009 AFFIDAVIT O F NO N-SER VIC E O F SUMMO NS UNKNO W N TENANT
01/29/2010 AFFIDAVIT O F DILIGENT SEAR C H/C O NSTR UC TIVE SER VIC E
JR BUSSE/JANE DO E AS UNKNO W N SPO USE O F JR BUSSE/UNKNO W N TENANTS
01/29/2010 MO TIO N
FO R APP O INTMENT O F GUARDIAN ATTO R NEY AND ADMINISTR ATO R AD LITEM BY
GR ANADA C O NDO HO MES INC
02/08/2010 NO TIC E O F SER VIC E
O F MO TIO NS & O BJEC TIO NS 02/01/2010 UPO N HO NO R ABLE MIC HAEL J PR O VO ST
02/08/2010 NO TIC E
O F PLAINTIFF'S FR AUDULENT LIEN/O BJEC TIO NS TO PLAINTIFF'S MO TIO N &
AFFIDAVIT/MO TIO NS TO DISMISS & FO R SANC TIO NS BY DR JO R G BUSSE
02/08/2010 NO TIC E
O F PLAINTIFF'S FR AUDULENT LIEN/O BJEC TIO NS TO PLAINTIFF'S MO TIO N &
AFFIDAVIT/MO TIO NS TO DISMISS & FO R SANC TIO NS BY DR JO R G BUSSE
02/08/2010 MO TIO N FO R SANC TIO NS BY DR JO R G BUSSE
02/08/2010 PLAINTIFF FR AUD & FO R GER Y-EVIDENC E O F BY DR JO R G BUSSE
02/08/2010 NO TIC E
O F PR EVIO US FILING O F BUSINESS R EC O R DS & EVIDENC E O F FR AUD BY
DR JO R G BUSSE
02/08/2010 NO TIC E O F FILING
O F BUSINESS R EC O R DS AND EVIDENC E O F DEFENDANT'S FR AUDULENT AC C O UNTING
02/08/2010 NO TIC E O F P LAINTIFF FR AUD / FILED BY DR JO R G BUSSE
02/08/2010 NO TIC E
O F PLAINTIFF'S FR AUD AND FR AUD O N C O UR T / FILED BY DR JO R G BUSSE
02/11/2010 O R DER O F R EASSIGNMENT TO EUGENE C TUR NER
02/11/2010 C O RR ESPO NDENC E FR O M C O UNSEL TO JUDGE
W ITH C O PY O F MO TIO N TO APPO INT GUAR DIAN ATTO R NEY & ADMINISTR ATO R
AD LITEM
02/11/2010 O R DER O F R EC USAL O F JUDGE MIC HAEL J PR O VO ST S/PR O VO ST 02/11/10
02/15/2010 O R DER APP O INTING ATTO R NEY AD LITEM, GUAR DIAN AD LI
02/16/2010 MO TIO N TO DISMISS AS FR ADULENT & FR IVO LO US AND FO R EXPENSES
02/16/2010 NO TIC E O F SER VIC E
O F MO TIO N UP O N R EASSIGNED JUDGE EUGENE C TUR NER /MO TIO N TO DISMISS
AS FR ADULENT AND FR IVO LO US AND FO R EXP ENSES
02/16/2010 NO TIC E
O F PLAINTIFFS FR AUD O N THE C O UR T NO TIC E O F SER VIC E O F MO TIO NS UPO N
R EASSIGNED JUDGE MO TIO N TO DISMISS AS FR ADULENT & FR IVO LO US & EXP ENSES
02/16/2010 NO TIC E
O F PLTS FR AUD O N THE C O UR T NO TIC E O F SER VIC E O F MO TIO NS UP O N R EASSIGN
JUDGE/MO TIO N TO STR IKE PLAINTIFFS MO TIO N AS FR AUDULENT & SC ANDALO US
02/16/2010 NO TIC E
O F PLAINTIFF FR AUD O N THE C O UR T MO TIO N TO STR IKE PLAINTIFFS MO TIO N AS
FR AUD & SC ANDALO US AND MO TIO N TO C O MPEL SER VIC E
02/17/2010 DEFENDANT
DEC LAR ATO R Y STATEMENTS IN SUPPO R T O F MO TIO N TO DISMISS THIS FR AUDULENT

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7/27/2010 Public Inquiry
AC TIO N/DEFENDANT'S MO TIO N TO Q UIET TITLE BY DR J R BUSSE
02/17/2010 NO TIC E O F SER VIC E
O F PLEADINGS UP O N R EASSIGNED JUDGE EUGENE C TUR NER BY DR JO R G BUSSE
02/17/2010 MO TIO N TO Q UIET TITLE BY DR J R BUSSE
02/17/2010 C O RR ESPO NDENC E FR O M JUDGE TO JR BUSSE
02/18/2010 NO TIC E O F APPEAL O R DER R ENDER ED 2/15/10 C ER TIFIED C O PY 10-01-AP
02/18/2010 C O RR ESPO NDENC E FR O M DR JO R GE BUSSE R E NO TIC E O F AP PEAL
02/18/2010 AFFIDAVIT
BY JO R G BUSSE MD MBA MM IN SUPP O R T O F MO TIO N TO DISMISS, Q UIET TITLE,
R ELEASE LIEN & O F FR AUD O N THE C O UR T & PER JUR Y BY PLAINTIFF & C O UNSEL
02/18/2010 MO TIO N
(EMER GENC Y) FO R R EVIEW O F C ASE FILE & NO TIC E O F DEMAND FO R JUR Y TR IAL
02/19/2010 NO TIC E O F SER VIC E
O F NO TIC E O F APPEAL UP O N R EASSIGNED JUDGE EUGENE TUR NER
R EC EIVED BY JUDGE TUR NER FEB 18, 2010
02/22/2010 C O RR ESPO NDENC E FR O M
APP EAL C LER K TO JUDGE TUR NER NO TICE O F FILING APPEAL O F FINAL O R DER
02/22/2010 UNDELIVER ED MAIL
J R BUSSE & JANE DO E/O R DER O F R EASSIGNMENT S/PIVAC EK 2/10/10
02/22/2010 UNDELIVER ED MAIL
UNKNO W N TENANTS/O R DER O F R EASSIGNMENT S/PIVAC EK 2/10/10
02/23/2010 NO TIC E O F SER VIC E O F EMER GENC Y MO TIO NS UPO N R EASSIGNED JUDGE
02/23/2010 MO TIO N EMER GENC Y FO R PUBLIC R EC O R D AC C ESS
02/25/2010 NO TIC E O F SER VIC E
02/25/2010 MO TIO N
FO R SC HEDULING O F HEAR ING O F MO TIO NS AND NO TIC E O F UNAVAILABILITY
2/24/10
02/26/2010 NO TIC E O F SER VIC E
DEMAND FO R JUR Y TR IAL/NO TIC E O F SER VIC E O F MO TIO N/MO TIO N FO R
SC HEDULING/NO TIC E O F UNAVAILABITY /BUSSE
03/02/2010 NO TIC E O F P UBLIC ATIO NS/ DEMAND FO R JUR Y TR IAL
03/03/2010 MO TIO N FO R JUDIC IAL NO TIC E
O F PUBLIC LY R EC O R DED ASSO C IATIO N BY LAW S & DEC LAR ATIO N O F C O NDO MINIUM
& IN SUPP O R T O F MO TIO NS TO DEC LAR E TITLE/DEMAND JUR Y TR IAL BY DR BUSSE
03/03/2010 DEC LAR ATIO N O F TAKING
& PUBLIC R EC O R D EVIDENC E IN SUP PO RT O F NULL & VO ID LIEN & MO TIO N TO
DEC LAR E SUBJEC T TITLE AUTO MATIC ALLY Q UIETED/DEMAND JUR Y TR IAL
03/10/2010 NO TIC E O F HEAR ING 4/5/10 11:00 PENDING MO TIO NS
03/31/2010 SUMMO NS ISSUED
J R BR USSE/ UNKNO W N SP O USE/ HANDED TO P LAINTIFFS ATTO R NEY AT C O UNTER
04/05/2010 NO TIC E O F SER VIC E
MO TIO N TO DISMISS BEC AUSE O F DEFENDANT'S FR AUD O N THE C O UR T/MO TIO N FO R
AC C ESS TO C ASE FILE PR IO R TO HEAR ING & SER VIC E O F NO TIC E O F HEAR ING
04/05/2010 MO TIO N TO DISMISS
BEC AUSE O F DEFENDANT'S FR AUD O N THE C O UR T/MO TIO N FO R AC C ESS TO C ASE
FILE PR IO R TO HEAR ING/SERVIC E O F NO TIC E O F HEAR ING BY PLAINTIFF
04/05/2010 MO TIO N TO DISMISS
BEC AUSE O F DEFENDANT'S FR AUD O N THE C O UR T/MO TIO N FO R AC C ESS TO C ASE
FILE PR IO R TO HEAR ING & SER VIC E O F NO TIC E O F HEAR ING BY PLAINTIFF
04/05/2010 NO TIC E
O F PUBLISHED "R IPO FF R EPO R T" R EGARDING FR AUD O N C O UR T BY PLAINTIFF'S
ATTO R NEYS IN SUP PO R T O F MO TIO N TO DISMISS O N DEFENDANTS FR AUD O N C O UR T
04/05/2010 MO TIO N TO DISMISS
BEC AUSE O F DEFENDANTS FRAUD O N THE C O UR T/MO TIO N TO AC C ESS TO C ASE FILE
PR IO R TO HEAR ING & SER VIC E O F NO TIC E O F HEARING BY PLAINTIFF ASSO C IATI
04/05/2010 MO TIO N
FO R AC C ESS TO C ASE FILE PR IO R TO HEAR ING & SER VIC E O F NO TIC E O F
HEARING UNDER THE R ULES BY JO R GE R BUSSE MD MM MBA
04/05/2010 ATTO R NEY C HENE THO MPSO N PR ESENT FO R PLAINTIFF/ DEFENDANT NO T
PR ESENT/ ATTO R NEY THO MSP O NS MO TIO N TO DENY ALL O F DEFENDANTS
MO TIO NS - GR ANTED/ DEFENDANTS MO TIO N TO STR IKE ALL O F PLAINTIFFS
PLEADINGS - DENIED/ DEFENDANTS MO TIO N O F FR AUD - DENIED/ DEFENDANTS
MO TIO N EXTINGUISHING - DENIED/ DEFENDANTS MO TIO N FO R PLAINTIFF TO
PR O DUC E ALL R EC O R DS - DENIED (NO SPEC IFIC R EC O R DS R EQ UESTED)/
DEFENDANTS MO TIO N TO Q UITE TITLE - DENIED/ DEMAND FO R JUR Y TR IAL
FR O M DEFENDANT - BO TH AR E DENIED/ DEFENDANTS MO TIO N TO DELC AR E LEAN
FR AUDULANTE - DENIED/ DEFENDANTS MO TIO N FO R DEC LAR EING ASSESSMENT -
DENIED/ DEFENDANTS MO TIO N FO R SANC TIO NS AGAINST ATTO R NEY THO MPSO N -
DENIED/ DEFENDANTS MO TIO N FO R C O UR T TO TAKE JUDIC IAL NO TIC E O F
PLAINTISS ASSO C IATIO N LAW S - DENIED/ DEFENDANTS NO TIC E O F JO INDER O F

apps.collierclerk.com/…/Case.aspx?UC… 3/4
7/27/2010 Public Inquiry
JULIA N JAC KSO N, R O BER T MUR R ELL, JO HN PIER R E VAN DO NGEN, KEVIN
GAFFR EY AND R O BER T C SAMO UC E - DENIED/ ALL P ENDING DEFENSE MO TIO NS
AR E DENIED/ ATTO R NEY THO MPSO N TO PR EPAR E AND O R DER LISTING ALL THE
MO TIO NS AND SUBMIT THE O R DER TO THE C O UR T
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04/05/2010 MO TIO N FO R JUDIC IAL NO TIC E
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Records: CEO Jerry Williams, Dave Wannstedt,


judges among failed Orion’s investors
By LAURA LAYDEN
Posted April 17, 2010 at 4:01 p.m.

Email Discuss Share » Print A A A

NAPLES — The collapse of Orion Bank in Naples left


behind a trail of angry investors.

Investors in the bank’s holding company ran the gamut,


from judges and attorneys to developers and accountants.
There are hundreds of them.

Many of the investors live in Naples or other parts of


Florida, including Key West, Sarasota and Gainesville.
The then-Orion Bank at the Others come from states as far away as New York and
northeast corner of California.
Goodlette-Frank Road and
Golden Gate Parkway/ KEN
LANE An otherwise confidential list of shareholders in Orion
Bancorp Inc. has surfaced as part of a court action to sell Most Popular
Documents off the holding company’s assets to pay off its debts in the Viewed Commented Emailed
aftermath of the bank’s failure in November and takeover
Orion Bancorp by IberiaBank of Lafayette, La. Bonnie downgraded to tropical
Shareholders depression
Updated 7/23/2010 at 5:04 p.m. 43 com m ents
IberiaBank, a publicly traded bank, took over Orion’s
deposits and branches, but not its private shares. POLL: Mom goes to jail because of son's
absences
Updated 7/22/2010 at 2:01 p.m. 156 com m ents

There are 405 “holders” of private stock identified on Orion Bancorp’s registration list.
FGCU professor killed himself at Naples
Some names are repeated two or three times, with a different number of shares, waterfront bar
Published 7/21/2010 at 5:06 p.m. 105 com m ents
indicating multiple holdings.
Collier School Board candidates sound
off on ‘kick a Jew day’ at forum
Jerry Williams, Orion’s embattled ex-CEO, owned the Published 7/22/2010 at 8:00 p.m. 56 com m ents
most shares – 798,323.
VIDEO: Lee deputy suspended, after DUI,
property damage charge
The second-largest number of shares – 613,994 – were in Published 7/23/2010 at 11:29 a.m. 21 com m ents

Orion Bancorp’s employee stock ownership plan with


401(k) benefits. Photo Galleries

naplesnews.com/…/records-ceo-jerry-… 1/8
7/23/2010 Records: CEO Jerry Williams, Dave Wa…

Hundreds of bank employees, who counted on cashing out


their shares in retirement, could lose everything. They were
Jerry J. Williams, former encouraged to invest in the holding company’s stock.
Collier County Catch of the Tropical
chairman of Orion Bank. arrests 07-23- day: Depression
(Naples Daily News file) 10 Southwes… Bonnie
For those who did invest, money came out of their
paycheck every two weeks to buy shares. Nine days
before the bank closed, Williams continued to give them reasons for optimism.
Weather
“Our team is working through the credit cycle and doing a great job in this difficult Currently 36-Hour Your Photos
economy and current regulatory environment,” he wrote in an e-mail obtained by the Currently Today
Daily News. “The economy has taken its toll in all of the communities where we do
92°
business, but Orion is preparing to take advantage of new opportunities. There are
positive signs of recovery in our communities.”
81°
Partly Cloudy 78°
Wind: SE 13mph

*****
More Weather »

In October of last year, Williams told employees he planned to give them each a $100
Orion gift card, plus an additional vacation day in 2010, for the holidays, instead of Calendar
throwing the usual party. JUL JUL JUL BROWSE

It was a way to show his gratitude for their hard work. 23 24 25


FRIDAY SATURDAY SUNDAY MORE
“Your contributions have made a tremendous impact to the growth of Orion, despite it
Rookery Bay: Free Fridays for 9 a.m.
being a challenging year,” Williams wrote.
Kids
Rookery Bay Environmental Learning
The bank had about 260 employees. Center

Michelle Tricca: "Exposures of 10 a.m.

Nine days before The five other directors of Orion Bancorp’s board – Earl the Mind"
Sidney & Berne Davis Art Center
Orion Bank closed Holland of Fort Myers, Brian Schmitt of Marathon, James
Torok of Sarasota, Alan Pratt of Vero Beach and James Treasures of the Atocha: 10 a.m.
“Our team is working Aultman of Marathon – were big investors in the holding Florida’s sunken treasure ship
through the credit cycle Lovers Key State Park
company. In the group, Holland had the most shares –
and doing a great job in
273,136 – making him the second-largest individual Free diabetes screening at 10 a.m.
this difficult economy and
shareholder after Williams. Sweetbay
current regulatory Sweetbay - Colonial Boulevard
environment,” he wrote in
an e-mail obtained by the Dave Wannstedt, a former coach of the Miami Dolphins All About Color opening 6 p.m.
Daily News. “The reception
and head football coach at the University of Pittsburgh,
Art League of Bonita Springs
economy has taken its owned 71,008 shares.
toll in all of the
communities where we do More Events »
Other recognizable investors from Naples include Michael
business, but Orion is
preparing to take Kessous, founder and president of M.K. Developers Inc.;
advantage of new retired Collier Circuit Judge Ted Brousseau; Collier
Find us on Social Media
opportunities. There are County Judge Eugene Turner, and Al Bateman, a
positive signs of recovery developer and president of Bateman Communities. News Alerts
in our communities.”

One investor, Michael M. Viechec Jr. of New York, had just Naples Daily News Fan Page
_ Memo from Jerry Headlines & updates from
one share registered under his name. naplesnews.com
Williams, CEO
Naples Daily News Facebook Application
“I had 10,186 shares and that was going to be my son’s Add this app to your Facebook profile
college education money,” said Luc Christian Mazzini, one
The Banner Fan Page
of the many disappointed investors from Naples. “I originally invested with Orion Bank, Follow The Banner on Facebook
which was called Gulf Coast National Bank, all the way back in 1996.”
The Collier Citizen Fan Page
Follow Collier Citizen on Facebook
After Orion received a cease-and-desist order in September from regulators to address
The Marco Eagle Fan Page

naplesnews.com/…/records-ceo-jerry-… 2/8
7/23/2010 Records: CEO Jerry Williams, Dave Wa…
The Marco Eagle Fan Page
its “unsafe and unsound practices,” Mazzini, a dentist, said he was reassured by a bank Follow The Marco Eagle on Facebook
executive that it was “no big deal.”
PrepZone on Facebook
Follow PrepZone on Facebook
Even as the bank’s finances worsened, Orion’s parent company was out trying to raise
more money from investors.
Business Directory
The company sold at least $25 million in stock last year, with the first sale reported on
Search Browse
June 24, according to a filing with the U.S. Securities and Exchange Commission. The
buyers aren’t disclosed in the filing. Business: e.g. salon

TMLS Heritage LLC, incorporated last June in Fort Lauderdale and managed by Mileto
Vincenzo, appears to be one of the latest investors. The company had 234,375 shares Location: e.g. Naples, FL

when Orion failed. Naples, FL

Search
Some investors remained private, registering their shares in the name of a depository
known as Cede & Co. Pow ered by Local.com

A trustee, Michael Polsky, has been appointed to liquidate Orion Bancorp’s assets. His
Miami attorney, Robert Schatzman, said he doesn’t expect shareholders to get any
money because there aren’t enough assets to sell to cover the millions owed to
creditors.

“Everybody who invested either through their pensions, or 401(k)s, or bought shares in
the private marketplace in the holding company lost money,” he said. “That money will
not be repaid.”

“I can’t conceive of an opportunity that would provide for a distribution to shareholders,”


Schatzman said.

That’s disappointing news to investors – big and small.

“I would like to get something. But I don’t think it’s going to happen,” said Leonard
Simons, an early investor from Miami.

Simons, 89, and his wife owned more than 8,000 shares in the holding company. Over
the years, they acquired more stock when they received shares instead of dividends.

The holding company’s books and records still are being


analyzed in the hunt for assets. Those already identified
include two bank buildings, a corporate jet, small
investments in other companies and cash in several bank
accounts, Schatzman said.

“We don’t even think there is going to be enough assets to


PHOTO BY MICHEL FORTIER
BUY THIS PHOTO »
pay off the first layers of debt,” he said.
Orion Bank is now gone,
closed by federal regulators The holding company had nearly $100 million in debt,
and reopened as IberiaBank.
Michel Fortier/Staff
which was used to help keep Orion Bank going as it
faltered on bad loans. Some of that borrowed money was
used to buy shares back from the open market to fund the
employee retirement plan, Schatzman said.

In February, M&I Bank won a $16.9 million judgment against Orion Bancorp for business
loans that weren’t paid back. Collateral for those loans included rights to the holding
company’s corporate jet.

naplesnews.com/…/records-ceo-jerry-… 3/8
7/23/2010 Records: CEO Jerry Williams, Dave Wa…

M&I also had first priority security interest in all of Orion Bancorp’s deposit, operating
and other accounts.

FB Air Holdings Inc., an affiliate of Orion Bancorp, has filed for Chapter 11 bankruptcy
protection. It owns the corporate jet that Williams once used to fly around the state.

According to court records, the Piaggio Avanti P-180 business aircraft is valued at
nearly $3.8 million.

A balance sheet for FB Air, which still employs a pilot or two, shows it had total assets of
nearly $7.6 million on Oct. 31, 2009. All of its assets will be sold to help pay off creditors
of Orion Bancorp.

Like many banks locally and nationally, Orion was hit hard by bad loans. The bank lost
$75 million in the third quarter of last year before regulators swooped in to shut it down
on a Friday the 13th.

Orion had more than $250 million in non-performing construction and commercial loans,
which means borrowers weren’t making their payments.

Records show that it appears mismanagement also could have played a role in the
bank’s downfall.

Williams was ousted as the bank’s CEO days before regulators closed it.

He’s accused of lying to regulators and making the bank appear in better shape than it
was. In June of last year, regulators allege that he illegally loaned about $60 million to
“straw borrowers,” who were fronting for borrowers who already had hit their loan limit.

They say he knew $15 million from those loans would be used to buy stock in the bank’s
parent company and he lied about it to regulators.

According to regulators, the questionable loans also enabled the borrowers to buy
“certain low-quality assets” from Orion. The mystery borrowers never were identified.

Daniel Buhs, president and CEO of Vanderbilt Bay Construction Inc. in Naples, owned
17,371 shares in Orion.

“Jerry made some bad decisions in the last few years that took the bank down,” he said.
“He should have sold the bank a few years ago and we all would have walked away as
millionaires.”

Buhs was an early investor.

“My shares split several times and I never took any distributions,” he said. “It all went
back into stock.”

The bank chose to “do some very unwise loans with some pretty big numbers,” Buhs
said.

“I’m thoroughly disappointed, like all of us are. Jerry needs to be accountable for what he
has done,” he said.

Helmut Schroeder, a 69-year-old retiree in Estero, had 11,584 shares.

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7/23/2010 Records: CEO Jerry Williams, Dave Wa…
He and his ex-wife invested $50,000 each in the bank. From 2005 to 2007, when Orion
was doing really well, the holding company paid out cash dividends, he said.

One year, Schroeder said, he got $15,000 to $16,000 in dividends, and another year he
got $10,000. So he ended up with about half of his money back.

At one time, he said, shares were valued at about $20. Now they’re down to zero.

“The people were always courteous and trustworthy and when they make money, hey you
believe in them,” Schroeder said.

Founded in 1977, Orion grew to become one of the most successful community banks in
the nation, ranking in the top 1 percent in the country for its performance in 2002.

Documents Before regulators closed the bank, it was hit with several
enforcement actions. The last, a cease-and-desist order,
Cease-and-desist called for Orion to increase its capital by no later than Nov.
order for Orion
Bancorp Inc. 20, 2009. The bank didn’t last that long.
Orion Bank Order _
Federal Reserve Bank
FDIC news release on Before Orion failed, Williams was a well-respected banker
Orion Bank
and community leader. He was named community banker
of the year by American Banker, a trade journal, in 2006.

In November, regulators swooped in to close Orion Bank. Williams was ousted from the
bank days before regulators closed it. No formal charges were brought.

In December, Williams put his 6-bedroom, 7-1/2 bathroom


estate in Grey Oaks up for sale. The selling price is
$6,499,000. The two-story home spans 8,384 square feet
and sits on 0.78 acres, according to the listing by Grey
Oaks Realty.
PHOTO BY MICHEL FORTIER
BUY THIS PHOTO »
IberiaBank, a publicly traded bank, took over Orion’s
The Grey Oaks home of Jerry
deposits and branches, but not its private shares
J. Williams, former CEO of
Orion bank which was taken
over by the FDIC due to
“Jerry was quite a salesman,” Schroeder said. “He not only
alleged mismanagement.
The home's value is listed at made things look good, he could prove it.”
$4 million plus. Michel
Fortier/Staff
In five years or so, Schroeder expected to have a “nice
sum to take out and enjoy” from his investment in Orion.
He doesn’t think that will happen now.

“I was hoping there might be a few bucks left for shareholders,” Schroeder said. “But it’s
doubtful.”

_ Connect with Laura Layden at www.naplesnews.com/staff/laura_layden.

© 2010 Naples Daily News. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.

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Comments » 8 Hide

April 17, 2010 chickendog writes:


6:38 p.m.
Never had these problems with Bush!

Suggest removal Sadd for the good folks-

Reply to this post Just sue! or call obamy.

April 17, 2010 Trexler writes:


7:09 p.m.
Plundering & stealing the money is only part of the equation,..all these noted
stockholders whom lost their ***, were just dupes and shill influence peddling
Suggest removal
in various network areas so that the bank could suck in more 'investors'..the
top 10% of mgt, directors should be charged criminally...just a bunch of bar
Reply to this post
skanks...all this has been going on most of the country,..Palmer may have
been the first here but the previous biggest was Naples Federal laundering
gold with the fat guy Beards..on Broad Ave South/financing coke runs, etc..ah, I
love Naples...every f****** door has a seedy story...mostly, where shall I start?

April 17, 2010 Davidh239 writes:


7:35 p.m.
His pep talks will come back to haunt him. It should be an open and shut case
of fraud.
Suggest removal

Reply to this post

April 18, 2010 Naples2003 writes:


8:06 a.m.
All the posters are on the right track. I am certain that fraud/criminal charges
will be brought against the CEO and others. It is just a matter of time for the
Suggest removal
case to reach a critical mass necessary for an indictment. The failure of Orion
was not simply due to the recession. Plenty of other banks failed in Florida and
Reply to this post
around the country. What sets Orion apart is that it had a CEO lying to the FED,
illegally lending money to straw borrowers and then having them "invest" a
portion of the cash in Orion stock, which he knew was or was soon to be
worthless. This has got to be criminal.(by the way where is the rest of that $60
mil?)
Also, the dozens of the LLCs he had set up with the same short list of
individuals listed as officers, for the sole purpose of selling foreclosed on
mortgages and LLCs were dissolved once a property was sold.
So... lets see here-Orion is indiscriminately lending money out to "commercial"
projects, the loans are NOT being repaid as the projects fail, as the money

naplesnews.com/…/records-ceo-jerry-… 6/8
7/23/2010 Records: CEO Jerry Williams, Dave Wa…
should have not and was not lent out properly in the first place, the bank is
failing... Yet the CEO has all these LLC buying up properties/mortgages on the
cheap, and then selling them for a profit???

You tell me what all this is? It ain't that hard to connect the dots! There is so
much more come....

April 18, 2010 NaplesFly writes:


9:31 p.m.
in response to chickendog:

Suggest removal Never had these problems with Bush!

Reply to this post Sadd for the good folks-

Just sue! or call obamy.

Chicken shiz.....what the hell does Bush have to do with this? If anything, this is
a classic example of the real republican parties work. The republican party is in
place to protect corporate America and screw the common folk! They are smart
in that they have all the common folk fooled with the whole religious
conservative thing and they blindly march to the beat.....asking no questions
and looking no further than the propaganda that is spewed their way.

April 18, 2010 NaplesFly writes:


9:32 p.m.
I wonder if Jerry and Dave Wannstedt are still taking the corporate jet up to
Black Diamond for a round of golf? Ahhh....the good ol' days.
Suggest removal

Reply to this post

April 19, 2010 Elephanttamer writes:


8:30 a.m.
At least President Obama didn't have to do a FDR and call a "bank holiday" like
after the last big GOP fiasco in 1929.
Suggest removal

Reply to this post

April 19, 2010 goodview writes:


8:32 a.m.
"You gotta know when to hold em, know when fold them, know when to walk
away,know when to run"
Suggest removal
The stock market is legalized gambling. Loosing money is always a possibility
when gambling. I own stock and I watch whats going on with the companies I
Reply to this post
invest in. They didn't or atleast not enough. Hard lesson to learn. Real hard. If
laws were broken then those people need to be prosicuted to the fullest extent
of the law.

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