This Warranty Deed made this 23rd dayof September, 2011 between Mark R. Lye and Lisa J. Lye, husband and wife whose post ofiice address is 209 Bayfront Drive, Bonita Springs, FL 34134, Grantor, and Alfresco Acquisitions, LLC, a Florida limited liability company whose post office address is 200 S. Andrews Ave, Suite 503, Fort Lauderdale, FL 33301, Grantee:
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,
The Court has subject matter jurisdiction over the federal claims alleged herein pursuant to 28 U.S.C. §1331, because those claims arise under the laws of the United States (18 U.S.C. §1961, et seq.).
Within 14 days after being served with a copy of the recommended disposition, a party may file written objections to the Report and Recommendation’s factual findings and legal conclusions
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.
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.
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
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, basing their Amended Motion on the facts and authorities set forth in the following memorandum of law, incorporated fully herein.
Plaintiffs, Jordan Rupert and Myra Rupert (“Plaintiffs”), sue Defendants· Alfresco Acquisitions, LLC (“Alfresco”), Bella Collina Property Owners Association, Inc. (“Bella Collina POA”), Randall F. Greene (“Randall Greene”), Christina M. Greene (“Christina Greene”), and DCS Capital Investments, LLC (“DCS”) (collectively “Defendants”), and allege:
In Witness Whereof, grantor has hereunto set grantor’s hand and seal the day and year first above written.
WHEREAS, Declarant and POA previously executed that certain Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Bella Collina, recorded April 18, 2005 in Official Records Book 2810, Page 722, of the Public Records of Lake County, Florida, as the same may be amended from time to time (collectively, the “CC&Rs “);
On April 22, 2004, the Sheltons, in reliance on the original CC&Rs, entered into a Lot Purchase Agreement with Ginn-LA for lot number 253 for $299,000, but an early purchase discount of $20,000, decreased the final cost to $279,000.
Plaintiffs, CS Business Systems, Inc. and James L. Shelton, by and through the undersigned,
and pursuant to Federal Rule of Civil Procedure 65(a) and in compliance with Local Rule 4.05
and 4.06, seek a preliminary injunction, stating as follows:
This conspiracy to perform the acts described in herein, to monopolize this market and to restrain the development and resale of the lot owners’ property violates the Florida Antitrust Act of 1980.
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.
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.
At the time Plaintiffs filed the 2012 Lawsuit seeking a constructive trust on the Pendio Property, Alfresco owned the Pendio Prope1iy.
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
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION | DWIGHT SCHAR
On information and belief, Schar, Simonson, Arrighi, Ryan, The Ryan Law Group, D’Ambrosio, Burman, Aegis, Greene, Clarke and Lebreux, Schirach and others intentionally and knowingly developed the Conspiracy to fraudulently exercise control of the POA to dispossess lot owners of their property, embezzle POA funds and usurp POA property and opportunities for their own profit and benefit.
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:
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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