Plaintiffs, CS Business Systems, Inc., James L. Shelton, Virginia Shelton, Brad Heckenberg, and Lana Heckenberg (collectively “Plaintiffs”), by and through the undersigned, pursuant to Fed. R. Civ. P. 23, move for class certification of the instant proceeding,
Case No: 5:14-cv-678-JSM-PRL
UNITED STATES DISTRICTS COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION
“The typicality requirement in Fed. R. Civ. P. 23 measures whether a sufficient nexus exists between the claims of the named representatives and those of the class at large.
Bella Collina, a remote community located 40 to 60 minutes away from downtown Orlando, is owned by Dwight Schar and managed by Paul E. Simonson, Dwight Schar’s right-hand finance guy.
On June 4, 2004, the Sutherins purchased lot 277 of Bella Collina and constructed a home for $2,100,000 in which they resided with their family until 2015, at which time they felt compelled to leave the community and rent their home due the harassment of the Conspirators.
Witnesseth, that said granter, for and in consideration of the sum TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee
Despite knowledge of the illegality of its operation of the POA, the Conspirators, without property owner approval, appointed its agents, including at all relevant times Burman, Greene, Clarke and Lebreux, to act as unelected board members of the POA
DCS directed the POA, in fulfillment of the conspiracy, to request zoning and use changes for Bella Collina, which include, but are not limited to, relocating the site of many amenities from their originally planned, desirable location to a new, less desirable location
On January 28, 2005, the Friezes, then citizens and residents of England, purchased lot number 391 from R. L. Vogel Homes, Inc., a designated builder of Bella Collina and constructed a luxury home for approximately $5,100,000., using their life savings from the sale of their family business and a loan in the amount of$3,600,000 from Fifth Third Bank.
The POA and its officers and directors have a fiduciary duty to lot owners and POA members as set forth in Florida Statutes, 720.303( I), which duty includes the obligation to act in the lot owners’ and members’ best interest, to tell them the truth about all material matters, to disclose any material fact, and to obey all lawful obligations.
In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.
(Whenever used herein Lhe tenns “grantor” and “grantee” include all the parties to this instrument and the heirs, legal representatives, and assigns o f individuals, and the successors and assigns o f corporations, trusts and trustees)
WHEREFORE, Plaintiffs, Jordan Rupert and Myra Rupert, demand judgment against Defendants Alfresco Acquisitions, LLC Bella Collina Property Owners Association, Inc., Randall F. Greene, Christina M. Greene, and DCS Capital Investments, LLC, for:
Plaintiffs, by and through their undersigned counsel, hereby sue the above-captioned Defendants, alleging that they conspired to illegally seize control of the Bella Collina Property Owners Association, Inc., a Florida Nonprofit Corporation (Hereinafter the ‘”POA”).
Defendants constitute an associated-in-fact Enterprise, through which they illegally controlled the POA, knowing that the POA should have been turned over to the non-developer lot owners 90 days after August 29, 2005.
The two class definitions pled by Plaintiffs are sufficiently tailored to identify prospective class members without need for any individualized determinations to determine membership beyond certification that that the individual is or was a property owner in Bella Collina on the defined dates. This certification can be easily obtained by referencing public records.
In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written
With less than two months left for the election, the Plaintiffs discovered that the conspirators, in a desperate attempt to maintain a strangle hold on the POA
In September, 2011 Bill Boylan (Alfreso Acquisitions) acting as a realtor, purchased a home on lot 383 for the Ruperts (cash) but put the title in Bill Boylans name and promptly moved in. Ruperts file a lawsuit against Bill Boylan to get possession of house
H. Plaintiffs were relying on, and placed. trust .and repose in, Defendant, William Boylan, in his individual capacity and in his capacity as Manager and Owner of Alfresco
Under Federal Rule of Civil Procedure 12(e), “[a] party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response.”
These are the Bylaws of Bella Collina Property Owner’s Association, Inc. (“Association”) as duly adopted by its Board of Directors (“Board”). The Association is a corporation not for profit, organized pursuant to Chapter 617, Florida Statutes.
A mother with three daughters formed a nonprofit org to expose the bullying and mafia-like life in Dwight Schar’s controlled Bella Collina community
Address: 15118 Pendio Dr, Montverde, FL, 34756
Tel: 773.800.0055
Lake County Florida Housing Authority
Florida Housing Finance Corporation
Dwight Schar VICTIMS, Inc nonprofit
US Department of Housing and Urban Development
Florida Courts Help Landlord Tenant
Florida Bar Landlord Tenant Forms
Disability Rights Florida Housing and Evictions
Landlord/Tenant Law in Florida
Controversy in Bella Collina Community
“Gangster” Dwight Schar funding Elon University?
Richard Arrighi Exposes Dwight Schar’s Bella Collina
‘Gangster’ tactics, burner phones, threats; Dan Snyder’s fight with Dwight Schar in Bella Collina
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