IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, U.S.A.

“GRANADA CONDO HOMES, INC.”, purported “plaintiff” [no right to sue under O.R. 330/466-500, Collier County, FL, U.S.A.], vs. Clerk’s Case Number: 09-02617-CC

BUSSE, JORG, DR. (not obligated to pay more than 105% in assessments; paid 1/12 of expense) _____________________________________________________________________________/ NOTICE OF PENDING APPEALS AND CORRESPONDENCE TO COURT IN SUPPORT OF FRAUD ON COURT Dr. Jorg Busse, c/o J. F. Prescott [CERTIFIED DELIVERY & MAIL FROM ABROAD Hon. Eugene C. Turner, County Court Judge Judicial Assistant Angela Turner Twentieth Judicial Circuit Clerk of Court, Collier County Courthouse Naples, FL 34112, U.S.A.] Hon. County Judge Eugene C. Turner and Hon. Clerk of Court: PENDING APPEALS OF RECORD & MOTION FOR JUDICIAL NOTICE 1. Pursuant to the Oct. 2010 “status conference”, several appeals have been pending. See, e.g.:

Here during said 10/2010 status conference, “plaintiff’s” Counsel Chene Thompson had falsely pretended that said pending appeals had purportedly been “dismissed”. The law prohibited “plaintiff’s” deceptive information, and Dr. Busse demands judicial notice.

RECORD CORRESPONDENCE OF PROOF OF FRAUD UPON THE COURT 2. Over and over again, Dr. Busse has been “corresponding with the court“ and communicating fraud upon the Court to both the Court and “plaintiff” association by multiple means. PROOF OF “plaintiff’s” FRAUD ON FILE 3. Said fraud on the Court is indisputably supported by the publicly recorded governing association documents on file. See O.R. 330/466-500 (194717); Collier County, FL, U.S.A. “11/22/2010 ORDER” 4. The electronic docket, Collier County, FL, U.S.A., showed an “11/22/2010 order”:

Hereby, Dr. Busse again clarifies that he has been communicating fraud upon the court from abroad. Here in particular, Dr. Busse has been “corresponding with the court” and giving the court notice of said record fraud via multiple media. The “plaintiff” association has no right to extort money and/or property under false pretenses. Here, the governing documents controverted plaintiff’s facially fraudulent claims and proved plaintiff’s fraud. NO right to sue – “plaintiff” association’s FALSE NAME 5. Pursuant to the record governing documents, the “plaintiff” association’s name is: “7.1 NAME: The name of the Association shall be GRANADA CONDOMINIUM HOMES ASSOCIATION.”

See O.R. 330 / 473; Collier County, FL, U.S.A. Here however without any right to sue, the “plaintiff” non-meritoriously proceeded as “GRANADA CONDO HOMES, INC.”

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AUDIT REQUIREMENT PURSUANT TO RECORD BY-LAWS 6. Here the record governing documents had required an audit: “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.” See O.R. 330 / 499; Collier County, FL, U.S.A. Here in violation of said record By-Laws, no audit was made and furnished. Here, no obligation to pay the fraudulently claimed amounts could have possibly arisen under said governing association documents. “Plaintiff” ASSOCIATION FRAUDULENTLY CLAIMED “ASSESSMENTS” 7. Official Record 330/472 evidenced (see attached Exhibit):

Here, the purported “plaintiff” & “plaintiff’s” counsel violated said By-Laws and provisions. PURPORTED “PLAINTIFF’S” LACK OF RIGHT TO SUE J. R. BUSSE 8. Official Record 1517/2165 (1990), Collier County, evidenced: “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.” Here, the purported “plaintiff”, “GRANADA CONDO HOMES, INC.”, had no right to sue “J. R. BUSSE”. Here subsequent to said 1990 Certificate of Amendment, e.g., Julia N. Jackson became the owner of more than “only one apartment per owner in the Granada Condominium Home Association”. Here violative of said 1990 Certificate, President Jackson acquired interests in two (2) more apartments in said Association. Here in 2009, two (2) “owners” and board members [i.e., Julia N. Jackson; and John Pierre van Dongen] had owned a total of five (5) units and were not entitled to “cast votes” for the disallowed units.

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RECORD LACK OF “9 VOTES” 9. Here, there never were said “9 votes” nor could there have possibly been “9 votes” for any “approval in writing” of more than $ 331.83 in maximum “recurring common expense”: “PLAINTIFF” FRAUDULENTLY CLAIMED UNJUSTIFIED “ASSESSMENTS” Expressly, governing document O.R. 330/498, Collier County, FL, USA, had stated: “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.” PLAINTIFF’S & COUNSEL’S PERJURY ON THE RECORD 10. The Clerk’s electronic docket showed “plaintiff’s” perjury:
09/01/2010 09/01/2010 AFFIDAVIT AS TO AMOUNTS DUE AND OWING AFFIDAVIT AS TO ATTORNEYS FEES

Here in 2009, the Plaintiff Association fraudulently claimed “amounts due and owing”, which indisputably exceeded the maximum possibly permitted assessments of $ 331.83:
MAXIMUM ASSESSMENTS ALLOWED UNDER O.R. 330/498 2004 $260.00 1.05 2005 $ 273.00 2006 $ 286.65 2007 $ 300.98 2008 $ 316.03 2009 $ 331.83 2010 $ 348.42

“PLAINTIFF ASSOCIATION’S” FRAUD ON THE COURT 11. Here, the purported plaintiff and/or opposing counsel fraudulently concealed the maximum assessments allowed under the governing association documents. Here, “plaintiff’s” fraudulently claimed “amounts” unlawfully exceeded said maximum of $ 331.83. J. R. BUSSE WAS NEVER OBLIGATED TO PAY MORE THAN $ 331.83 MAXIMUM IN “RECURRING COMMON EXPENSE”

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12. Here under the publicly recorded governing association documents, J. R. Busse was never and could not have possibly been obligated to pay “recurring common expense” of more than the maximum $ 331.83. “PLAINTIFF” FRAUDULENTLY CLAIMED UNJUSTIFIED “ASSESSMENTS” 13. Expressly, governing document O.R. Book 330 Page 498, Collier County, FL, USA, stated: “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.” See attached “By-Laws of Granada Condominium Homes Association”, O.R. 330/494, “6. Fiscal Management; 6.2. Assessments for recurring common expenses”. “PLAINTIFF’S” ATTORNEY FAILED TO CORRECT CONTROVERTED “CLAIMS” 14. The Clerk’s electronic docket evidenced “plaintiff’s” attorney Chene M. Thompson:
THOMPSON, CHENE M ESQ PLAINTIFF'S ATTORNEY FORT MYERS, FL 33901

Here despite Dr. Busse’s multiple requests, Chene Thompson has failed to correct “plaintiff’s” controverted and facially deceptive claims. See also Certificates of Service. “PLAINTIFF’S” FRAUDULENT CLAIM EXCEEDED MAXIMUM 105% 15. Here, the purported “plaintiff” fraudulently claimed “assessments”, which exceeded said 105% ($ 331.83 in 2009) and therefore were patently clearly unlawful. DISCOVERY: PROOF OF “PLAINTIFF’S” FRAUD 16. Pursuant to the 10/18/2010 “status conference” instructions, Dr. Jorg Busse respectfully submits the following proof of “plaintiff’s” fraud to the Hon. Court’s attention: 2004 FINANCIAL INFORMATION: $260.00 ASSESSMENT 17. The attached “Granada Condominium Homes Association Financial Information for 2004, Operating Expenses” evidenced monthly maintenance of $260.00. ATTACHED 2004 GRANADA FINANCIAL STATEMENTS

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18. “Granada Condominium Homes, Inc. Financial Statement(s) Dec. 31, 2004” are attached. 19. The attached “Detail of Monthly Expenditures” evidenced Dr. J. Busse’s 2004 purchase, payments, and association expenditures. Furthermore, AMSouth Bank and Wachovia Bank documents are attached. ATTACHED GOVERNING O.R. 330 / 472, COLLIER COUNTY, FL, U.S.A. 20. Attached Official Record 330/472 evidenced “6. Assessments” and “Share of common expense”, 1/12 share. Here, Dr. Jorg Busse had fully and satisfactorily paid said 1/12 share under the governing By-Laws. See Dr. Busse’s payment records on file. ATTACHED ASSOCIATION CASH FLOW ANALYSIS 21. A past cash flow analysis by a financial consultant is attached. ASSOCIATION’S FAILURE TO PROVIDE AUDITS UNDER GOVERNING DOCS 22. In violation of the governing association documents, the purported plaintiff failed to provide the required audits after 2004. See O.R. 330/466-500. NOTICE OF UNAVAILABILITY 23. Dr. Busse hereby givens notice of his unavailability from Dec. 7, 2010, until Feb. 28, 2011. WHEREFORE, Dr. Jorg Busse demands 1. An Order taking judicial notice of said pending appeals & plaintiff’s deceptive information; 2. An Order summarily dismissing this frivolous action, because Dr. Busse has been “corresponding with the Court” and proving fraud on the Court under said public records; 3. An Order summarily dismissing this action, because no audit was made and furnished in support of the prohibited and frivolous association claims (see governing documents);

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4. An Order summarily dismissing this facially fraudulent action, because the claims are indisputably controverted by said public governing association documents, O.R. 330 / 466500; 5. An Order summarily dismissing this action, because the facially non-meritorious “claims” by the purported “plaintiff” exceed the 105% under said governing instrument; 6. An Order summarily dismissing this action, because Dr. Jorg Busse fully and satisfactorily paid said 105% pursuant to the payment proof on file; 7. An Order summarily dismissing this action, because Dr. Jorg Busse was never obligated to pay more than said 105% and affirmatively defends against this fraudulent action under Florida law; 8. An Order summarily dismissing this action, because Florida law prohibits harassment under false pretenses and in contradiction to the governing association documents; 9. An Order summarily dismissing this action, because said association By-Laws are in the name of “Granada Condominium Homes Association”; 10. An Order compelling Chene M. Thompson to be available as Counsel and to furnish Dr. Jorg Busse with any and all pleadings and communications under the Rules. /s/Jorg Busse, M.D., M.B.A., M.M.; JRBU@aol.com; P.O. Box 1140, Naples, FL 34106-1140 ATTACHMENTS: CERTIFICATES OF SERVICE AND PUBLICATION I HEREBY CERTIFY that pursuant to the 10/18/2010 AM “status conference” and judicial instructions, a true and correct copy of the above has been furnished to the purported and improper “plaintiff”, “Granada Condo Homes, Inc.”, and opposing Counsel, Chene Thompson, Esq., Condo & HOA Law Group, LLC, 2030 McGregor Boulevard, Fort Myers, FL 33901, U.S.A., Fax: 001-239-333-2999; T: 239-333-2992, County Court Judge E. C. Turner at 001-239-

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774-3618, and the Hon. Clerk of Court at Fax: 001-239-252-8020 on 11/23/2010 from abroad to the U.S.A. See Facsimile Certificates; see also e-mails and postal certificates. /s/Jorg Busse, M.D., M.B.A., M.M.; JRBU@aol.com; P.O. Box 1140, Naples, FL 34106-1140 www.scribd.com; www.myfax.com; www.gotfreefax.com Chene Thompson, Esq. – ON LEAVE & UNAVAILABLE pursuant to Counsel’s e-mails Condo & HOA Law Group, LLC Counsel for purported “plaintiff” without standing & cause of action 2030 McGregor Boulevard Fort Myers, FL 33901 Fax: 001-239-333-2999; T: 239-333-2992 Clerk of Court, Dwight E. Brock Collier County Courthouse 3301 Tamiami Trail East Naples, FL 34112, U.S.A. CollierClerk@CollierClerk.com Fax: 001-239-252-8020; T: 239-252-2646 Angela Turner, Judicial Assistant to the Hon. Eugene C. Turner, County Court Judge Collier County Courthouse 3301 Tamiami Trail East Naples, FL 34112, U.S.A. Fax: 001-239-774-3618; T: 001-239-252-8125 Administrative Office of the Courts 20th Judicial Circuit of Florida 1700 Monroe Street Fort Myers, FL 33901 T: 239-335-2299

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