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.

DEMAND FOR JURY TRIAL

NOTICE OF PLAINTIFF ASSOCIATION’S FRAUD

_________________________________________________________________/

MOTION TO DISMISS BECAUSE OF DEFENDANTS’ FRAUD ON THE COURT

MOTION FOR ACCESS TO CASE FILE PRIOR TO HEARING

AND SERVICE OF NOTICE OF HEARING UNDER THE RULES

(April 2, 2010)

DR. BUSSE FULLY SATISFIED HIS “LIABILITY” UNDER THE BY-LAWS

PLAINTIFF’S FRAUD ON THE COURT

1. 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

2. 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.

3. 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

4. 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

2
5. 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

6. 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

7. Therefore here, Dr. Busse was entitled to the dismissal of said facially fraudulent Complaint.

3
 CASE FILE WAS AGAIN UNAVAILABLE

8. 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.

9. 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.

10. 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

11. 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

4
 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, Dr. Busse demands

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

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

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

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

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

title free and clear;

5
5. An Order declaring any and all unapproved assessments null and void under said By-Laws and

Public Records;

6. 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;

7. 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.

8. 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 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, jrbu@aol.com, 239-595-7074
CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.

6
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Report: #433220

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

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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./ Phone:
Shaver John Fax:
Bonita Springs, Florida 34135
U.S.A.

Submitted: Wednesday, March 11, 2009

Modified: Wednesday, March 11, 2009

Bonita

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Springs,
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Ripoff Report Verified Safe

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

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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

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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: 'robertmurrell@smglawfirm.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

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