IN THE CIRCUIT COURT

IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR PUTNAM COUNTY, FLORIDA RICHARD LEE COLONEL, pro se, Plaintiff, vs. CASE NO.: 02-57-CA DIVISION: 53 MELROSE AREA PROPERTY OWNERS’ ASSOCIATION, INC., WILLIAM RUE GREGG MAUREEN. MEYERSON CARL SCHLICK JULIE SCHLICK LARRY COLLINS ANTONIO TOSCANO YOLANDO TASCANO JERRY BLANKENSHIP LINDSEY RIVERS STANLEY OSTROWSKI CONSTANCE OSTROWSKI DOLORES KNAUFF JURY DEMAND AFTON ROBERTS KIMBERLY CAPOZZI ROBERT CAPOZZI PAUL MACREYNOLDS TERRANCE WILMOTTE Defendants _______________________________________/ PLAINTIFF’S FOURTH AMENDED COMPLAINT COMES NOW plaintiff RICHARD LEE COLONEL, pro se, and sues MELROSE AREA PROPERTY OWNERS’ ASSOCIATION, INC., WILLIAM RUE GREGG, MAUREEN. MEYERSON, CARL SCHLICK, JULIE SCHLICK, LARRY COLLINS, ANTONIO TOSCANO, YOLANDO TASCANO, JERRY BLANKENSHIP, LINDSEY RIVERS, STANLEY OSTROWSKI, CONSTANCE OSTROWSKI, DOLORES KNAUFF, AFTON ROBERTS, KIMBERLY CAPOZZI, ROBERT CAPOZZI, PAUL MACREYNOLDS, TERRANCE WILMOTTE, and alleges as follows: JURISDICTION AND PARTIES 1. This is an action at law seeking declaratory judgement for damages in excess of Two Million Dollars. ($2,000,000.00) 1 2. Plaintiff owns the following described real property: Lot 8, Block N, MELROSE LANDING, as described in plat book 6, page 29 of the public records of Putnam County, Florida. See copy of the plaintiff’s deed attached as Exhibit 1. 3. Plaintiff’s property with other parcels in the above described subdivision are subject to a declaration of restrictions and protective covenants (hereafter referred to as the “restrictions”) recorded in the public records of Putnam County, Florida. See copy of restrictions attached as Exhibit 2. A first and second supplemental declaration of and amendment to the declaration of restrictions and protective covenants are attached as Exhibits 3 and 4. 4. Defendant Melrose Area Property Owners’ Association, hereinafter referred to as “Homeowners Association” is a Florida Corporation, not for profit, that maintains common areas within the subdivision. Under it’s restrictions, Homeowner’s Association has the right to establish rules to regulate members use of the common areas, including the community airstrip, setting penalties for violations of the rules. Homeowners Association’s restrictions and bylaws do not specifically authorize or even mention fines against members and do not authorize any assessments other than “Maintenance Assessments”. See copy of defendant’s common area rules and penalties attached as Exhibit 5. 5. Defendant William Rue Gregg is a resident of Melrose Landing subdivision. His address is 140 Melrose Landing Drive, Hawthorne, Florida 32640. 6. Defendant Maureen Meyerson is a resident of Melrose Landing subdivision. Her address is 140 Melrose Landing Drive, Hawthorne, Florida 32640. 7. Defendant Carl Schlick is a resident of Melrose Landing 2 subdivision. His address is 140 Melrose Landing Drive, Hawthorne, Florida 32640. 8. Defendant Julie Schlick is a resident of Melrose Landing subdivision. Her address is 140 Melrose Landing Drive, Hawthorne, Florida 32640. 9. Defendant Larry Collins is a resident of Melrose Landing subdivision. He is the current president of Homeowners Association. His address is 153 Piper Drive, Hawthorne, Florida 32640 10. Defendant Antonio Toscano is a resident of Melrose Landing subdivision. His address is 111 Slipper Way, Hawthorne, Florida 32640 11. Defendant Yolanda Toscano is a resident of Melrose Landing Subdivision. Her address is 111 Slipper Way, Hawthorne, Florida 32640. 12. Defendant Jerry Blankenship is a resident of Melrose Landing subdivision. He is the current treasurer of Homeowners Association. His address is 145 Hilltop Loop, Hawthorne, Florida 32640. 13. Defendant Lindsey Rivers is a resident of Melrose Landing subdivision. His address is 113 Piper Drive, Hawthorne, Florida 32640. 14. Defendant Stanley Ostrowski is a resident of Melrose Landing subdivision. His address is 340 Melrose Landing Blvd., Hawthorne, Florida 32640. 15. Defendant Constance Ostrowski is a resident of Melrose Landing subdivision. Her address is 340 Melrose Landing Blvd., Hawthorne, Florida 32640. 16. Defendant Dolores Knauff is a resident of Melrose Landing subdivision. Her address is 145 Cessna Drive, Hawthorne, Florida 32640. 17. Defendant Afton Roberts is a resident of Melrose Landing 3 subdivision. Her address is 121 Piper Drive., Hawthorne, Florida 32640. 18. Defendant Kimberly Capozzi is a resident of Melrose Landing Subdivision. Her address is 392 Melrose Landing Blvd., Hawthorne, Florida 32640. 19. Defendant Robert Capozzi is a resident of Melrose Landing Subdivision. His address is 392 Melrose Landing Blvd., Hawthorne, Florida 32640. 20. Defendant Paul Mcreynolds is a resident of Melrose Landing Subdivision. His address is 121 Melrose Landing Drive, Hawthorne, Florida 32640. 21. Defendant Terrance Wilmotte is a resident of Melrose Landing Subdivision. His address is 173 Piper Drive, Hawthorne, Florida 32640. BACKGROUND HISTORY 22. This Complaint is filed in response to a Vendetta being carried out against the plaintiff by a group of cohorts who control the Homeowners Association, and who are motivated by revenge, spite, and hatred for the plaintiff, having intentionally caused him and his family great harm, injury, damages and humiliation. See copy of Sworn Affidavit by neighbor Roger Allen attached as Exhibit 15. 23. Plaintiff, Richard Lee Colonel and wife Gail, a middle aged couple with five grandchildren and a six year old son, moved in 1998 into the beautiful home they built at Melrose Landing, a deed restricted “single family community” that offers residents use of a private airstrip, is under the control of the Homeowners Association, and is predominately a mobile home community. 24. After moving to the community, Colonel was shocked to discover that that the two families owning the adjacent property were living in an “unapproved storage shed” where they had constructed two illegal residences, in violation of the deed 4 restrictions and in violation of the county building and zoning laws. 25. The Homeowners Association president told Colonel that this “known violation” by the owners of the illegal duplex was “kept quiet” by the Association because these co-owners were best friends with the board of directors, and that they had a lot of money. Unless Colonel kept quiet about their illegal residences, he was told that: “These people and their friends will Ruin you.”. 26. Colonel, having had to comply with all the county requirements when building his own home, and believing that everyone should be held accountable to the same building and zoning regulations without special treatment, filed a complaint about the illegal residences with Putnam county officials who discovered that these owners had lied on their building permit application and ordered them to remove their illegal residences. See copy of letter from county officials and permit attached as Exhibit 6. 27. Soon afterward, Colonel became the victim of an organized campaign by these co-owners and their friends to discredit him and “Smear” his reputation with false complaints to the authorities initially accusing him of: a. child abuse; See Letter From Florida Department of Children and Families attached as Exhibit 7. b. Violation of FAA regulations; See 2 Letters From FAA and drug test results attached as Exhibit 8. c. Assault: Maureen Meyerson, a resident of the illegal duplex falsely accused Colonel of running her down with a golf cart; See Sheriff’s Incident Report attached as Exhibit 9. 5 28. The Colonels were “black balled” by the homeowners association. They were constantly harassed with jeers and taunts by this group when they drove past the Homeowners Association clubhouse on the way to and from their home. Other residents who had been friends of the Colonel’s were threatened not to associate with them or they would face retaliation. Colonel’s 76 year old mother, living in South Florida was harassed with threatening phone calls and letters sent to her by the residents of the illegal duplex. 29. Colonel fought back by requesting to inspect the Homeowners Association’s records and discovered that the homeowners association also had built it’s community clubhouse without county building or zoning approval, in violation of the law, and filed another formal complaint with county officials that resulted in the clubhouse being closed down for non-compliance and expensive code enforcement action followed. See Letter From County Official Closing Down Clubhouse attached as Exhibit 10. 30. Defendants then sought revenge by punishing him with “Trumped Up Charges” falsely claiming that he had violated many of the rules of the Homeowners Association. Some other residents were asked by Association Employees to make false and absurd allegations against Colonel but they refused. See Copy of Letter Notifying Plaintiff of the Allegations attached as Exhibit 11. 31. The Homeowners Association then appointed a committee made up of “Association Employees” to hear the false charges of misconduct against Colonel. The panel was in effect a “Kangaroo Court” denying plaintiff any right to a fair hearing on the false charges, contrary to F.S. 720.305 (2) (a). 6 See Colonel’s Statement of Defenses Presented at Hearing attached as Exhibit 12. 32. Homeowners Association then assessed $1450.00 in fines against Colonel for defendant’s absurd allegations and filed an unauthorized and illegal claim of lien against his home thus slandering his title by knowing full well that all the charges had been solicited and fabricated with malicious intent, seeking revenge. When the Homeowners Association threatened to forclose on his home, Colonel paid their bogus fines, fearing what they would do next to him and his family 33. Then, to lend false credibility to their poorly thought out allegations of misconduct, and to intentionally cause further damage to Colonel’s reputation, defendants recklessly submitted these and other false statements to the Putnam County Sheriff department that accused Colonel of stalking and assault, causing 12 criminal charges be filed against him and ruining his name and business in the community. 34. Defendants then as a group harassed the State Attorney’s office with letters and office visits demanding that Colonel be prosecuted on criminal charges based on their absurd allegations. One individual in the group, Carl Schlick, the co-owner of the illegal duplex, went so far as to threaten an assistant State Attorney with his job if he didn’t prosecute the absurd charges against Mr. Colonel. 35. Based on the defendant’s demands, the State Attorney’s office did file information and begin to prosecute Mr. Colonel. Their investigation soon discovered that the absurd allegations lacked credibility, and were an obvious attempt by this spiteful group to get revenge. They quickly dropped the pending charges against Mr Colonel.and offered him an apology. COUNT ONE, MALICIOUS PROSECUTION 7 AGAINST DEFENDANTS:WILLIAM RUE GREGG, MAUREEN MEYERSON, CARL SCHLICK, JULIE SCHLICK, AFTON H. ROBERTS, STANLEY OSTROWSKI, CONSTANCE OSTROWSKI, DELORES KNAUFF, YOLANDA TOSCANO, LARRY COLLINS, LINDSEY RIVERS. 36. On or about November 29, 2001, defendants caused the commencement of a criminal actions against the plaintiff brought with the filing of criminal charges with the clerk of this honorable court, a copy of the filed charges is attached as Exhibit 16. 37. On November 29, 2002, when the charges referred to in the paragraph above were filed, the defendants knew that the allegations contained in the charges were false and untrue; that the charges were filed without probable cause because there was absolutely no truth to the allegations; and that the action was instituted and intended to be prosecuted without any reasonable probability of success. In spite of knowing this, defendants caused these charges to be filed with the clerk and intended to cause the plaintiff to be prosecuted to the full extent of the law, and with intent to injure plaintiff and to bring his good name into public disgrace and disrepute, and with the further intent to lend false credibility to the absurd charges and fines unlawfully assessed against plaintiff by Homeowners Association in retaliation for complaints he made to county building and zoning authorities for their violation of the law, which resulted in extensive codes enforcement action against them. See copy of letter detailing specific violations by county attached as Exhibit 10. 38. Defendants then, with actual malice and hatred for the plaintiff, did repeatedly harass the State Attorney’s Office to demand plaintiff be prosecuted based on their absurd allegations, in a reckless attempt to seek revenge and falsely punish the plaintiff with criminal charges and incarceration . 8 39. The criminal proceedings commenced on November 29, 2001, and terminated on August 12, 2002, with the filing of nolo prosequi and no information with the clerk of this honorable court in the favor of the plaintiff. A true copy of the termination of the charges is attached as Exhibit 17. 40. Plaintiff contends that, in regard for the facts confirmed above, the original criminal action brought against the plaintiff here was: a. Brought by the party that is the defendant here b. Found to be without probable cause. c. instituted with Malice. d. Terminated in favor of the plaintiff. e. Found to be the action for which the plaintiff suffered damages and injuries. 41. Because of the false charges that were filed with actual malice, spite, hate, vengence and reckless intent to injure the plaintiff as noted above, plaintiff Richard Colonel’s personal reputation for integrity and honesty in the community where he lives and conducts business has been irretrievably damaged, and both he and his family have been humiliated, tormented, shamed, have suffered great mental anguish and extreme financial hardship, and the health of the plaintiff and plaintiff’s spouse have also been damaged. Moreover, the expense of defending against these charges has included not only the expense for legal counsel, but also for loss of business income and other special damages. 42. The circumstances by which these acts were committed by the defendants constitutes a wanton and reckless disregard for the plaintiff’s legally protected rights and interests, and a willful attempt to injure the plaintiff and are the “Proximate Cause” of all 9 injuries and damages suffered by the plaintiff for which the plaintiff intends to seek leave of this honorable court to plead an amended claim for additional punitive damages WHEREFORE, Plaintiff demands judgement against the defendants for damages in excess of one million dollars ($1,000,000.00); for General damages; for Special Damages of Twelve Hundred Dollars ($1200.00): For All Damages allowed by law; for the costs of suit as incurred in this action; and for any other and further relief as this Honorable Court may deem appropriate. COUNT II, SLANDER OF TITLE AGAINST DEFENDANTS : HOMEOWNERS ASSOCIATION, LARRY COLLINS, ANTONIO TOSCANO, JERRY BLANKENSHIP. 43. Plaintiff incorporates paragraphs 1 through 42 as if fully set forth herein. 44. On or about January 3, 2002, 12.03 pm, Defendants intentionally, willfully, and maliciously slandered the title of Plaintiff to the property described as: 143 Melrose Landing Drive, Hawthorne, Florida 32640, and fully described above, and filed a False Claim of Lien against subject property, recorded in the official records of Putnam County book 880.0 page 329. See Copy of Claim of Lien attached as Exhibit 13. 45. At that time and date, the Defendants made a malicious publication of a falsehood clouding the title to the subject property, disparaging the quality and value of subject property, which caused material and substantial interference with plaintiffs business arrangement with Indy Mac Bank, holder of the first mortgage attached to the above named property, and with whom Plaintiff is obligated by a legal contract to keep said property free from all liens. See Copy of Plaintiff’s Mortgage Contract attached as Exhibit 14. 46. Not only was Defendants act intentional, wrongful, and done with wanton disregard for the legal rights of the Plaintiff, but their actions 10 were also done with the highest degree of “ACTUAL MALICE in that they did so knowing full well that the allegations on which their fines and lien were base had been: (a) solicited by the defendants seeking revenge against plaintiff. (b) fabricated by defendants cohorts and did not contain a single word of truth. (c) in direct contravention of Florida law in that the defendants had no colorable claim whatsoever against plaintiff’s property, and therefore the defendants violated Florida Statutes Section 712.08, which provides in pertinent part that, “No person shall use the privilege of filing notices…for the purpose of asserting false or fictitious claims to land.” 47. Plaintiff contends the he should be should be awarded special damages of: (a) $1450.00 paid directly to defendants to discharge the unlawful claim of lien filed against his homestead property. (b) $300.00 for late payment fees and overdraft charges directly resulting from the financial hardship caused by defendant’s actions (c) $260.00 expense for legal advice relating to the unlawful fines. 48. The circumstances by which this act was committed by the defendants constitutes a wanton and reckless disregard for the plaintiff’s legally protected rights and interests, and a willful attempt to injure the plaintiff and are the “Proximate Cause” of all injuries and damages suffered by the plaintiff for which the plaintiff intends to seek leave of this honorable court to plead an amended claim for additional punitive damages. WHEREFORE, the Plaintiff demands judgement against the Defendants for Special Damages in the amount of Two Thousand Ten Dollars ($2010.00); for All Damages Allowed by Law; for costs of suit incurred in this action; and for any other and further relief as this Honorable Court may deem appropriate. 11 COUNT III, CONSPIRACY AGAINST ALL DEFENDANTS 49. Paragraphs 1 through 48 are incorporated as if fully set forth herein. 49. A Conspiracy existed and was formed by the defendants, who maliciously agreed by plan to became parties to a scheme to punish Plaintiff by intentionally and unlawfully causing him and his family substantial injury and harm. 50. Some defendants participated in the conspiracy by executing a scheme in which individual defendants agreed to concoct false and damaging allegations against plaintiff, so that the Homeowners Association board of directors could punish plaintiff for reporting their violations of building and zoning laws to local authorities. The Homeowners Association then disregarded plaintiff’s right to due process and illegally assessed plaintiff punitive fines of $1400.00 dollars, filed an illegal claim of lien to collect the fines and threatened to immediately forclosure on plaintiff’s home to receive payment of the fines. 51. Some defendants participated in the conspiracy and committed perjury by making false sworn statements to Law Enforcement Authorities in an attempt to lend credibility to the absurd allegations against plaintiff and to further injure plaintiff by causing him to be falsely prosecuted and also with the malicious intention of causing him to be unjustly incarcerated. 52. Plaintiff was damaged by the Intentional and Reckless acts of Malicious Prosecution and Slander of Title, which are “Underlying Torts” performed by the defendants in furtherance of the Conspiracy. 53. Defendant’s acted together with a sole common motive of “Revenge and Spite” against plaintiff. The many combined defendants acting together to create a 12 “Force of Numbers” against the plaintiff caused him harm and injury in a way that they could not have credibly done individually, therefore plaintiff alleges their act of conspiracy constitutes an “Independent Tort” as allowed by law. 54. Because of the false charges that were filed with actual malice, spite, hate, vengence and reckless intent to injure the plaintiff by means of the conspiracy as noted above, plaintiff Richard Colonel’s personal reputation for integrity and honesty in the community where he lives and conducts business has been irretrievably damaged and both he and his family has been humiliated, tormented, shamed and he has suffered great pain, mental anguish, extreme hardship, and the health of the plaintiff and plaintiff’s spouse have also been damaged. Moreover, the expense of defending against the acts of the defendants has included not only the expense for legal counsel, but also for loss of business income and other special damages. 56. The circumstances by which these acts were committed by the defendants constitutes a wanton and reckless disregard for the plaintiff’s legally protected rights and interests, and a willful attempt to injure the plaintiff and are the “Proximate Cause” of all injuries and damages suffered by the plaintiff for which the plaintiff intends to seek leave of this honorable court to plead an amended claim for additional punitive damages. WHEREFORE, Plaintiff demands judgement against the defendants for damages in excess of one million dollars ($1,000,000.00); for General Damages; for Special Damages of Twelve Hundred Dollars ($1200.00): For All Damages allowed by law; for the costs of suit as incurred in this action; and for any other and further relief as this Honorable Court may deem appropriate. DEMAND FOR JURY TRIAL 57. A jury trial is demanded for all counts. 13 VERIFICATION BE IT ACKNOWLEDGED, that Richard Lee Colonel of Hawthorne, Florida, does hereby say under oath that all the alleged facts contained in the foregoing Plaintiff’s Fourth Amended Complaint are true and accurate. Witness my hand under the penalties of perjury this 30th day of August, 2002. ______________________ Signature 135 Melrose Landing Drive Hawthorne, Florida 32640 STATE OF FLORIDA COUNTY OF PUTNAM On August 30, 2002, before me, Richard Lee Colonel personally appeared, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person executed the instrument, WITNESS my hand and official seal. Signature_____________ Affiant________Known______Produced ID. Type of ID____________________ ( Seal ) Respectfully Submitted BY: __________________________ RICHARD L COLONEL, pro se 143 Melrose Landing Drive Hawthorne, Florida 32640 (352) 475-1637 14 CERTIFICATION I HEREBY CERTIFY that a true and correct copy of the foregoing: PLAINTIFF’S FOURTH AMENDED COMPLAINT., has been furnished to: Lawrence J. Marraffino, ESQ., attorney for defendants: Homeowners Association, Collins, A.Toscano, Blankenship, Meyerson, Rivers, S.Ostrowski, Knauff, Y. Toscano, K. Capozzi, R. Capozzi, Mcreynolds and Wilmotte at 3312 West University Avenue, Gainesville, Florida 32607, by U.S. mail this 30th day of August, 2002, And to: William Rue Gregg at 140 Melrose Landing Drive Hawthorne, Florida 32640, Carl Schlick at 140 Melrose Landing Drive Hawthorne, Florida 32640, Julie Schlick at 140 Melrose Landing Drive Hawthorne, Florida 32640, Constance Ostrowski at 354 Melrose Landing Blvd. Hawthorne, Florida 32640. Afton Roberts at 121 Piper Drive, Hawthorne, Florida 32640, by Sheriff’s Service of Summons dated August 30, 2002. _______________________ Richard Lee Colonel, pro se 15 16