STATE OF FLORIDA . sO DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO FLORIDA REAL ESTATE COMMISSION eS FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE, O0-4G377C Petitioner, vs. FDBPR Case N° 99-82566 ANNE SLUDER, Respondent. / ADMINISTRATIVE COMPLAINT State of Florida, Department of Business and Professional Regulation, Division of Real Estate (hereinafter "Petitioner") files this Administrative Complaint against Anne Sluder (hereinafter "Respondent") and alleges: ESSENTIAL ALLEGATIONS OF MATERIAL FACT 1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular § 20.165, Fla. Stat., Chapters 120, 455 and 475, Fla. Stat., and the rules promulgated pursuant thereto. 2. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license number 0379544 in accordance with Chapter 475, Fla. Stat. 3. The last license issued was as a broker t/a Bay Realty Group, 5459 17" Avenue North, St. Petersburg, Florida 33710. 4. On December 18, 1998, Respondent filed a lawsuit against her former tenant, Michelle FDBPR v. Anne Sluder Case No. 9982566 Administrative Complaint Van Gelder (“Van Gelder”). A copy of the lawsuit is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 1. 5. Van Gelder’s attorney, Daniel Rosefelt, Esquire, (“Rosefelt’”) filed a Motion to Dismiss for Fraud on the Court, alleging that Van Gelder never signed the lease and that it was a forgery. A copy of the lease is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 2. 6. Rosefelt retained a Certified Document Examiner, Peter Candler (“Candler”). He prepared an affidavit stating that pursuant to his examination, the signature and its base line were “cut and pasted” onto the new lease to make it appear that Van Gelder had signed the lease. A copy of the affidavit is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 3. 7. After hearing testimony and reviewing the evidence, the Court concluded that Van Gelder did not sign the renewed lease. 8. He also held that the Respondent was “the only other person who would have had the motive or incentive to affix the Defendant’s signature to the 1998 lease.” The Court also found that the Respondent “knowingly utilized an altered document not only for the purpose of attempting to recover a money judgment, but also for the purpose of supporting a theft complaint...” A copy of the court order is attached hereto, incorporated herein and made a part hereof by reference as Administrative Complaint Exhibit 4. COUNT I Based upon the foregoing, Respondent is guilty of dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction in violation of § 475.25(1)(b), Fla. FDBPR vy. Anne Sluder Case No. 9982566 Administrative Complaint Stat. WHEREFORE, Petitioner respectfully requests the Florida Real Estate Commission, or the Department of Business and Professional Regulation, as may be appropriate, to issue a Final Order as final agency action finding the Respondent(s) guilty as charged. The penalties which may be imposed for violation(s) of Chapter 475, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license or registration or permit; suspension of the license, registration or permit for a period not to exceed ten (10) years, imposition of an administrative fine of up to $1,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant or permitee to complete and pass additional real estate education courses; publication; or any combination of the foregoing which may apply. See § 475.25(1), Fla. Stat. and Rule 61J2- 24.001, Fla. Admin. Code: The penalties which may be imposed for violation(s) of Chapter 455, Fla. Stat., depending upon the severity of the offense(s), include: revocation of the license, registration, or permit; suspension of the license, registration, or permit for a period not to exceed ten (10) years; imposition of an administrative fine of up to $5,000 for each count or offense; imposition of investigative costs; issuance of a reprimand; imposition of probation subject to terms including, but not limited to, requiring the licensee, registrant, or permitee to complete and pass additional real estate education courses; publication; restriction of practice; injunctive or mandamus relief; imposition of a cease and desist order; or any combination of the foregoing which may apply. FDBPR v. Anne Sluder Case No. 9982566 Administrative Complaint See § 455.227, Fla. Stat. and Rule 61J2-24.001, Fla. Admin. Code. & \ SIGNED this \id day of ; “ 2000. 4 Department of Business and Professional Regulation By: Daniel Villazon, Acting Director, Division of Real Estate icy ATTORNEY FOR PETITIONER rILED Oe Department of Professional Regulation ion of Real Estate Sunia Y. Marsh x Florida Bar N° 0068896 i (Hoy Senior Attorney, Real Estate Department of Business and aL i LY? an Professional Regulation, Legal Section - Suite N 308 Hurston Bldg. North Tower 400 West Robinson Street Orlando, Florida 32801-1772 (407) 481-5632 (407) 317-7260 FAX SM/k PCP: CS/HF 11/00 NOTICE TO RESPONDENTS PLEASE BE ADVISED that mediation under § 120.573, Fla. Stat, is not available for administrative disputes involving this type of agency action. FDBPR v. Anne Sluder Case No. 9982566 Administrative Complaint PLEASE BE FURTHER ADVISED that pursuant to this Administrative Complaint you may request, within the time proscribed, a hearing to be conducted in this matter in accordance with Sections 120.569 and 120.57, Fla. Stat.; that you have the right, at your option and expense, to be represented by counsel or other qualified representative in this matter; and that you have the right, at your option and expense, to take testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a formal hearing is requested. PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights form or some other responsive pleading with the Petitioner within twenty-one (21) days of receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate Commission a motion requesting an informal hearing and entry of an appropriate Final Order which may result in the suspension or revocation of your real estate license or registration. Please see the enclosed Explanation of Rights and Election of Rights form. ~~ + COUNTY G_ART, PINEDLAS COUK..f FLORIDA ae 1 SMALL CLAIMS DIVISION ‘CASE NO. 7 o @SC- SPC - Sine H, Sluders. 5459 17th Ave N. St. Pece, Fla. 33710 Address: ; Plaintiff(s) VS. nee Michel i SLOGI675 YNF . seenetie Tan Gtider OP SeLwane7e7Sr oa : 1508 Aries Lane 33755-2903 am tree Q p Defendant(s ‘ CRECHE “ address: Clearwater L/ yengan 2. _ ACKHOWLERGEHCNT m0 TOTAL: 493.50 ; STATEMENT OF CLAIM. ? CHECK fit. TENOFRED: 193.50 LANDLORD/TENANT - DAMAGES TO PREMISES AND UNPAID HENT #08 Plaintiff(s) sue(s) the Defendant(s) for damages which do not exceed $5,000.00, exclusive of costs, interest and attorney's fee (if appropriate) and allege(s): 1. Onorabout April 15,1998 1998 our andlor), leased to Defendant(s), Tenant(s), premises locatedat 1801 Clearbrook Dr. Unit 180{ Clearwater, ¥1. 33760 , Pinellas County, Florida. 2. The lease was an oral lease containing the following provisions: . Written Lease -~ lyegear was a 12 month lease second.’year was month to month lease. 30. day. notice required to vacate-Rb@t-$750 per mo. Damage deposit $600.00 no Last month rent. (Set out length of lease in months or years; amount of rent payment; the notice requirement for vacating the premises: amount of security deposit; and, the amount of prepaid last month's rent, if any.) -OR- Copy attached. (A copy of the written lease is attached.) 3. Defendant(s) vacated the premises én or about April 16, 1998 19 4. Defendant(s) left damages in the amount of $_2 1836.65 , as follows: Clean condo, stove, rgfrig, ete $150.00 paint entire condo. $ 750.00 Had@@d away trash left amount 75.00 fem amount Cleaned witdown $ sliging 3132260 Replaced Carpet § $976.65 gid¥8 aoors,replaced s@Mewis item amourit WHEREFORE, Plaintiff(s) demand judgment in the sum $2,236.65 , together with costs, interest, and attorney's fee. (COUNT II 1. On or about Hanuary 1995 , Plaintiff(s), Candlord(s), leased to the Defendant(s), Tenant(s), premises located 0 at _16Ui Clearbrook Dr. Unit 1801 Clearwater, Fla. 337 Pinellas County, Florida, 2. The lease was an oral lease containing the provisions as set out in Paragraph 2 of Count I of this Statement of Claim. Writcen “OR- $2836.65 less damage deposit $600 -00=$22236.65 {A copy of the written lease is attached.) 3. Defendant(s) failed to. pay rent for the period of _April 1998 1 leaving rent due and owing of $ Lov WY plus late Lee. : 4. Defendant(s) vacated the premises on or about April 16, 1998 . , WHEREFORE, Plaintiff(s) demand judgment in the sum of $ 2,236.55 , together with costs, interest, and attorney's fee. STATE OF FLORIDA: gg COUNTY OF PINELLAS : Plaintiff(s) _ Ane H. Sluder - state(s) that the foregoing is a just and true statement of the amount owing by Defendant(s) to Piaintiff(s) exclusive of all set-offs and just grounds of detense. Affiant states that Defendant(s) is/are not in the military service’ of th 2,United States. LY DZ. am Ad hen Attorney for Plaintiff(s) Plaintiffs) of Agent LC saavee - Title Sworn to and subscribed before . Telephone. Ze F322 a “SOX BEC-1 8 1998 ig this day of COMPLAINT Woon. Kiat. LDMIMIS AL ' Deputy Clerk-o-Notan-Rubl SPN No. EXHIBI {o-of Flotide— . Landlord/Tenant - Damages Vals ai . to Premises and Unpaid Rent OF : Famission- Expires’ SC $7 (Revised 1/97) ‘> VOROTSCIENINI AS by De Pens 2 " Hherainatter referred to as “Security Deposit “the prior consent of the Owner. by,. RESIDENTIAL LEASE Received from Tenant, the sum of (& 2FO OG. “A, DOLLARS,. evi dencad by+ toe as a dapasit which, -upon acceptance of this Lease, the ~Owner of the Premises, hereinaftar referred te ag Owner, shal apaly said deposit as follows . 7s any FO > Rent for the -periad fron ) q Wee SAIS CISO.CP Last manth’s rent _ . os aw LS a TOTAL pfeil Prers/ G6 ge) 60) . ; — In the event that this agreement is not ‘accepted by the Owner or his authorized agent within _ 4. days, the total deposit received shall \be refunded. JTenant hereby offers to lease ¢ the Owner the Pramises gitusted in the City of ° Z, Bani Jager, the F County o. alan’ Sy. 7a . ne describad as C Lp , Z ang, consis 2 / , > » TERM: ” The term hereof shall commence on bee L_/, LES and ee for a period of @ace months tNereatter. oe sf LLheg OP EE ee Site mae GE 2. RENT: Rent shall be ¢ TS6.dd pee month, ‘ payable in CE BOT advance, upon the aw isti_ day ‘of “each Calendar manth to Gunde er his authorized agent, at the following address: 5459 17th Ave N. St. Pete, Florida 1D «. : . . - Or at such. other Places as may be designated by Owner from time to time. Tn tha event rent is not paid when due, Tenant, agrees further to Pay a late charge of §5.0.00 after the < of the month plus interest at ior Par annum on the delingquaar amount. Tamnant Sqerees further to Pay $25.00 "for each S. UTILITIES; Tenant shall be responsinle for the pavinen of ‘abl utilities, \ t Services’ and Chere ego! CATES ons . . S. WISE: The Premises shall be used aS a residence with ne A an __f. adults and, __ children, and for no other PUrposes without the prior writtn consent of the Owner. S. BETS: No Pets ‘shall be brought on tne Premises without o; GERENANCES AND STATUTES: ‘Tenant shalt comply with all nts of all Municipal, state and faderal authorities now in for be in force, Pertaining to the us tae e C@ or which may hereafter Gof the premises. ADMINISTRATIVE COMPLAINT EXHIG! ‘ PAG _ by law, the Ow.ury, at hig Option,’ may terminate all ’ .Tenant hereunder, unless Tenant, within saig times, cura such default. r¢ Tenant Property, while in Jafault of consider any Property le rights. ins« shall abandons Or vacates the the payment of. rent, Owner may ft. on the premises to 68: abandaneac and may disposa af the Same in any manner allowed by In the event the Owner reasonable believes that abandoned property has no value, Property an'the Premisas’is hereb of Owner +-or the -payment.of: al} maximum extent Allowed’ by law. Tigi. such it may, be discardad, All y subject to a lien in FAN suns due hereunder, to the In the event of-a default by Térant, continue the lease ‘in effect and enforce all fis rights anc remedies hereunder, including the right to recover the rant as {t becomes due, or (b) at any time, terminate all o¢ Tenant’s rights hereunder and recover from Tenant, all damages he may incur by reason of the breach of the lease, including the cast of recovering the Premises, and ¥ncluding the work at the time of such terminiation, or at the Cime an award if suit be instituted to enforce this provision at the amount by which the unpaid rent for the balance of the term exceeds the amount of such rental loss which the tenant Proves could be reasonably. avoided, “ Owner may elect to fad oF 1S. SECURITY: The Security depos shall secure the, performance Of Tenant’s obligations hereunder. Qwner May, but shall not be obligated to, apply all or portions Of gaid deposit on account.of Tenant’ s obligations heraunder, ‘Any balance remaining upon termination shali be returned to Tenant. it set forth above, if ary — eSEUSIT REFUNDS The balance of all deposits shal? tn’two weeks fram Gate possession is delivernae to Owner or his Authorized Agent, together with a § en! showing any charges mada against such deposits by Owner. 13S. ATTORNEYS FEES: In any legal action brought by ei tive: Party to enforce ther terms hereof or relating.to the demigec premises, the Pravalling party shall be entitled to all cost: incurred in connection with such action, including a reasonable attornoy’s fee, 16. WAIVERS: No failure af Qwner to enforce any term her eri shall be deemed a Walver; nor shall any acceptance of a partial payment o¥¢ rent be deemed 4 waiver of Owner’ ¢ to the full amount theraof. 17. NOTICES: Any notice which either party may or is required to give, may be givan by meiling the Sane, po prepaid, ta Tenant at the premises or to the Owner at address shawn below or at such other places ag May bez dasignated by the parties from time wo time. Tenant will be responsible for rent monies for the entire term of the lease, i Z ‘ i ~In the event your lock { will not change locks under any circumstances aioe been changed you will be charged A Fee of $75.00 to change locks ADMINISTRATIVE COMPLAINT, Pre tag: (10. "HEIRS, assigns, SUCCESSORS: - This lea eHhbs. SUCCESSORS 6% 16 binding upon and. unures to the bonafit of the heirs, assigng and SUCC@BEOrs In interest to the Parties. 19, HOLDING OVER: Any. holding over after expiration herecf, with the consent of Owner; shall be construed as ‘a month=to~ month tenancy tn accordance with the terms Nereaf, as . applicabla, ‘No such holding over or extenuion of t shall extend the. time for the exerfcisn agreed Uponvdin.wreitéeng by Owier , nis Jesse of the option unless The undersigned Tenant hereby act mMouleages receipt of a copy horeof, 1 L4GS 5. Tenant Dateatr. Sees Yuba ant ‘ 5 3, — Gf GS Frans The undersigned Owner hereby acknowledges receipt of «a copy hereof, ats FF, 239; D (B13) FA 7-S SC K. Fhone Hie een teed HOTRAT ivan . Sesriem ote / ~ APTS | TF “ wv AR erste 3 Giro BESIDENTIAL LEASE ~ ‘ ‘, hereinatter referred to as Received froin. Tenant, ‘the sum of (& CALE LE DOLLARS,. evidenced byo ae ea 48S a daposit which, -upon acceptance of this Lease, the-~Ouwne 7 4 of the Premisas, hereinafttar roferread te as Owner, shal cnr 25 apply said deposit 4S follows: ; ou Rent for the -periad from: Last month's rent a y “Security Deposit Se Caw 5 ae Other Aone Z TOTAL fail Brel Bae) 9) . ____l In the event that this agreement is not ‘accepted by the Owner or his authorized agent within ._ 4. days, the total deposit received shall \be refunded, iTenant hereby offers to lease t the Owner the Pramises gituated in tha City of ° 7 EEE Pr ebicey Situated Uy hy Spate Ye wee described ‘as CO Sp. p Z ARES and consis —, Ok Lf 2 (ous ee “ipen the foll S , Cred ac ji -», >) ” Z, CG, a 1. TERM: “ The term hereof shall commence on Coe / /, g J and See Ne For a Periad of O2< nonihs LLre?g. cPnauE, t thereattar. ee , a . KS te LELZLE eSic NE, G 2. RENT: Rent shall be $7 Odd pee mONth, payable in “7 advance, upon the a Isti_ day ‘of each calendar manth to Ouner or his authorized agent, at the Fallowing address: 5459-17th ave N, St.Pete, Florida aa i : ne a Or at such. other Places as may be designated by Guner trom time to time. In the event rent is not paid when due, Tenant, o9rees further to Pay a lata charge of 5.0.00 after the ea of the manth plus interest at 10% pear annum on the de@linguant amount. Tenant agrees further to pay $275° for each dishonored bank check. : 3. UTICITIES; Tenant shall be responsiale for the payment Of ail utilities, Services’ and Chore Bexgad CHALE LS < ony _¢ : . 4. USE: The Premises shall be used aS a residence with no more than _ / adults and, << children, and for no other Purposes without the prior writtn consent of the Owner. J. BETS: No pets ‘shall be brought on tne premises without the prior concent of the Owner. SERsER AND STATUTES > Tenant shall comply with all nts of all municipal, state and federal authorities now in for Ce or which may hereafter bea in force, Pertaining to the us @- of the premisas. ADMINISTRATIVE COMPLAINT. EXHIBIT <¢ pace_l_ or _ Bo b “Tenant hereunder, ers 1 ; 6Uucn default: given in { by law, the Ow... { Manner cequirec +r, at his option,’ may terminate all righ unless Tenant, within said times shall Cure such default, - If Tenant abandons Pr vacat the Property, while in Safault of the Payment of rent, Owner may consider any Property left. on the premises to be: abandaned and may disposa of the same in any manner allowed by Paw. tn the avent the Owner reasonable believes that such abandoned property has no value, it may, be discardad. All Property on'the Premisas’ is hereby subject to a lien in Fave Of Qwner for tha payment. of: al} sums dua hereunder, to the maximum extent Allowed’ by law, In the event ofa default py Ténant, continue the lease ‘in affect and enforce all his rights anc remedies hereunder, including the right to recover the rant as it becomas due, or (6) at any time, terminate all o¢ Tenant's rights hereunder and recover from Tenant, all damages he may {ncur by reason of the breach of the ‘lease, including the cost of recovering the Premises, and Yncludina the work at the time of such terminiation, or at the Cime at an award if suit be instituted to enforce this provisian at the amount by which the Unpaid rent for the balance mt 1 term exceeds the amount of such rantal loss which the ten mt. Proves could be reasonably. avoided. ~ Owner may elect ta “ad 1S. The Security deposit set farth above, i¢ shall secure the, performance of Tenant’s obligations . hereunder. Owner may, but shall not be obligated to, appl: all or portions Of said deposit on account. of Tenant’ s obligations hereunder, ‘Any balance remaining upon termination shall be returned to Tenant. 14, DEPOSIT REFUNDS: The balance of all deposits shal! pve rom date possession is daliverad to Owner or his Authorized Agent, together with a showing any charges made against such deposits by 1S. ATTORNEYS FEES: In any legal action brought ty eitin Party to enforce ther terms hereort Or relating.to thea dem premises, the Pravailing party shall be entitled to all incurred in connection with such action, including a reasonable attornay’s fae. 14. WAIVERS: No failure of Owner to enforce any term her ei shall be deemed a Waiver, nor shall any acceptance of a partial payment o¢ rent be deemed a waiver of Qwne right to the full amount thereof. 17. NOTICES: Any notice which either party required to give, may be given by meiling the SAME, powtear Prepaid, to Tenant at the premises or ta the Quner st the address shown balow or at such other places dastonated by the parties from time to time. May Or ois AG May bis Tenant will be responsible for rent monies for the entire term of the lease i Z ‘ i ~In the event your lock T t will not change locks under any circumstances “has been changed you will be charged A Fee of $75.00 to change locks 1 COMPLAINT EXHIBIT 4p ot PAGE (19. HETRS, ASSIGNS, SUCCESSORS: - This leas» ig binding upon ‘and. unures to the benefit of the heirs, assigns and SUCCeSEnO0rs in interest to the Parties. 19. HOLDING OVER: Any,.holding over after expiration hecect, with the ‘consent of Owner; shall be construed asa month-to- month tenancy in accordance with the terms Nereaf, ag applicable. No such holding over or axtenuion of this Jease shall extend tha. time for the exercisa of the aptig agread Uponin.writing by Owaer no unlass The undersigned Tenant hereby ach mowlenoes receipt of a copy hereof, A LGLE save : : oz a . : Tenant gent : | ] ; . . Ly Lb Up Gt Geant a. ‘ 5 3. 7 Pha 5 Frans The undersigned Owner hereby acknowledges receint of a copy hereof. \ Or sarese ZL R37/O2 {) 7 (813) oe. 7-S SC K. Fhone Sent oyiFred Gibbs Mar-89-99 @5t51em from 727 3@2 99073 COUNTY COURT, PINELLAS COUNTY, FLORIDA SMALL CLAIMS DIVISION Anne H. Sluder Plaintiff, “YS- Case No. 98007427SC 001 Michele Van Gelder Defendant. AFFIDAVIT STATE OF FLORIDA COUNTY OF Soancsoty Before me, the undersigned authority, personally appeared Peter Candler, FACFE, a Certified Document Examiner who, being sworn, sets forth the following 1.) That am over the age of 18 and Competent to testify. 2.) That, {am a Certified Document Bxaminer and my Statement of Qualifications is attached hereto and made a part hereof as Exhibit MAM 3.) That I examined the questioned document, a residential lease, Anne H. Sluder, owner, and Michele Van Gelder, tenant dated 1-1-98, bearing the purparted signature of Michele Van Gelder, tenant (copy), attached hereto and made & part hereof as Exhibit “B”: 4.) That I examined the following known comparisons: a.) The lease dated 12-1-95, bearing the signature of Anne H Studer, owner (copy) attached hereto and made a part hereof as Exhibit “C”. b.) Twenty-one Bamett Bank cancelled checks written during 1995 and twenty two Bamett Bank cancelled checks written during 12/97 and 1/98, bearing signatures of Michele Van Gelder (Originals), a copy of which is attached hereto and made a part hereof as Exhibit ‘D", 5.) That the exam was performed tn our forensic laboratory, utilizing stereo microscope magnification, dividers, grid sheers, transparency film, and other professional devices to analyze, measure, and identify handwriting stroke formations, and other aspects of the whole document. The examination covered aot only the conspicuous characteristics (viz. general letter formations, spacing, stroking, angles, etc.), but also the inconspicuous characteristics (viz. Proportions, connections, irregularities, idiosyncrasies, pressure, etc.) In addition, each page of the Questioned Lease was examined re margins, alignments, placement, etc. 6.) Based on my education, qualifications and experience and specific examination set forth herein my opinion is that the purported signature of Michele Van Gelder on the questioned lease (Exhibit “B”) may be a gemuine signature, but not as it appears on the Gnal signature page. With @ reasonable degree of scientific * certainty, the signature and its base line on the 1995 lease was “cur and pasted” _ ADMINISTRATIVE COMPLAINT. Lf aq Sent oyiFred Gibbs H- <89~-99 O5152—n from 727 3e2 96 Pave Sv 3 onto the 1998 lease signature page to make it appear that Michele Van Gleder signed that lease, 7.) In arriving at my hereinafter opinion, the following is noted: a.) The signature and its base line are out of orientation on the questioned lease and not in alignment with other reference poimts and the other signature lines: b.) The “tic” on the *M” of Michele Van Gelder’s Signutuce was cut off together with the “X” and 2 of the 18 dashed base lines on the 1995 lease during the “cut and paste” alteration: c.) The last name component of the signature of Michele Van Gelder on the questioned lease is compressed and elevated away from the base line; when superimposed on the 1995 lease, 4 correct fit, alignment and onentation is achieved; d.) Examination of 43 original signatures of Michele Van Gelder from bank checks referenced above, conclude that the “tic” on the “M” is always Present and the last name component of the signature of Michele Van Gelder is not compressed nor elevated, Peter Candler The foregoing instrument wag acknowledged before me this LO 7h of March 1999, by Peter Candler, who is personally known to me, or has produced: ft Liiges Li Cho“ ‘a identification, and who before me, after being duly sworn and stating under oath, that he executed said instrument for the purposes therein expressed and states that the facts set fo ve are true and correct. Notary Public Signatyre: Le Printed Name: LAG p46 Fy Notary Public State of Florida Serial] Number: CC 76 ¥ 2o/ My Commision Expires: AULEV SETS 1 foe __ LEAH MASSONG “* JOMMISSION ¥ CC 788201 * APIRES: Augus} 17, 2002 ons Thru Notary Public Uncenwriters Bon ADMINISTRATIVE COMPLAINT. t EXHIBE (2 5 PRO > OF 47 Peter Candler, President . , 6947 Antigua Place + Sarasota, FL 34231 <2PH (941) 922.4561 P.O. Box 21741 + Sarasota, FL 34276-3744 + FAX (941) 922-4561 a te STATEMENT OF QUALIFICATIONS PETER CANDLER Certified Document Examiner BOARD CERTIFICATION * American College of Forensic Examiners- Fellow (1997) * American Board of Forensic Examiners- Diplomate * Mercer College, N.J., Certificate of Graduation in Forensic Document Examination (1985) EMPLOYMENT * Full-time Independent Consultant in Forensic Document and Handwriting Identification. Court Qualified. We accept civil and criminal cases. Fourteen years serving all of Florida, other states , and overseas. EXPERTISE * Forensic Questioned Handwriting, Anonymous letters, Signatures, Obliterations, Alterations, Typewriting, Business Machines, Paper Watermarks, Photocopying , Inks, Sequence of writing (ex post facto entries?), Medical records, Diaries, etc. COURT/ ARBITRATION QUALIFICATIONS * U.S. Govt. Military Court-Martial: 82nd Airbome (Ft. Bragg, NC) * US. District Courts (Fla. Middle District- Tampa, Jax.) * Florida Circuit Courts (6th, 7th, 9th, 10th, 11th, 12th, 13th, 20th) * Florida County Courts (Sarasota) * Florida Dept. of Labor- Worker’s Compensation (Districts F, M) * NASAD-RICO , & AAA Arbitration Hearings * Tampa Bay Arbitration Hearings * P.E.R.K. (Sarasota) * University of Florida Honor Court LECTURER * Guest Lecturer: Stetson College of Law, St. Petersburg, Fl. (Professor Eleazor’s 3rd Yr. Honors Seminar in Advanced Tria! Evidence) (1995) GENERAL EDUCATION * Williams College, Mass. - Bachelor of Arts (1949) . * Attended Univ. of Virginia Law School (1 year), Columbia Univ. Graduate School in English Literature (1 year) : ADMINISTRATIVE COMPLAINT EXHIBIT #3 2 Attitiations a The American College of Pdidadic Examiners OF ”) 7 National Association of Document Examiners ] ” {| World Association of Document Examiners . 24 “MARK WRITE INC. Peter Candler, President 6947 Antigua Place + Sarasota, FL 34231 + PH (941) 922-4561 P.O. Box 21741 + Sarasota, FL 34276-3741 + FAX (941) 922-4564 Pg. 2 SPECIALIZED EDUCATION IN QUESTIONED DOCUMENT IDENTIFICATION *Certificate of Graduation in | 1/2 year professional Questioned Document Examination program accredited by Mercer College (N.J.) and administered and taught by the National Association of Document Examiners (N.A.D.E.), Princeton, N.J. (Circa 150 hrs.) * World Association of Document Examiners (W.A.D.E.)- conferences and seminars: Houston, Chicago, Sarasota (Total: 115 brs.) * National Association of Document Examiners (N.A.D.E.) - conferences and seminars: Washington DC, Denver, L.A., Atlanta, Boston, Baltimore, Northhampton (Total 260 hrs.) RELATED SPECIALIZED TRAINING * Eastman Kodak Law Enforcement Photography Seminar, Rochester, N.Y. (18 hrs.) * Manatee College (FL) courses: Criminology; Civil & Criminal Procedure; Legal Terminology, Writing & Research; Social Psychology; Photography * Manatee College Institute of Government: Expert Witness Seminar; Notary Update; (Total Manatee College training: 224 hrs.) PROFESSIONAL AFFILIATIONS * The American College of Forensic Examiners Fellow & Diplomate * National Association of Document Examiners {N.A.D.E.) 2nd Vice President, Board of Directors, Executive Board, Membership Chairperson (1988) * World Association of Document Examiners (W.A.D.E.) Court Qualified within W.A.D.E. LISTINGS * Florida Bar Journal * Florida Bar News * Technical Advisory Service for Attorneys (T.A.S.A.) * The Defense Research & Trial Lawyers Association (DRI) ae ADMINIS ‘STRATIVE COMPLAINT EXHIBIT 3 Pace €or 49 Affillations The American College of Forensic Examiners National Association of Document Examiners World Association of Document Examiners 3e ‘MARK WRITE INC. Peter Candler, President 6947 Antigua Place + Sarasota, FL 34231 + PH (941) 922-4564 P.O. Box 21741 + Sarasota, FL 34276-3741 + FAX (941) 922-4561 Pg. 3 FORENSIC LABORATORY EQUIPMENT Infrared Video Documents Analyzer IVS-100; Nikon Stereo Microscope and lamp;Sirchie Labs letter slant plates, slope plates, typewriter measurement & angle plates; Light transmission table; Ultraviolet equipment (long & short wave); Magnifying devices with lamps, Macroscope 25x; Document grids & gauges (handwriting & typewriting); 100+ Typewriter typestyles exemplars; Polaroid and Olympus cameras, and accessories (extreme close-up lenses, macro lenses, stereo microscope adapter, infrared and UV filters, etc.); Access (local and national) to specialist labs in ink, paper, business machines, computers, etc, Portable travel lab for special occasions, PERSONAL REFERENCE LIBRARY Over 100 books, including standard works in the field; numerous texts on Crime & Evidence Photography, Forensic Lab techniques, etc.; computer index of 2000 references to articles in English on Document Examination, Handwriting Expertise, & Expert Testimony; active, up-to-date periodicals research at Stetson College of Law library re international journals & related articles in The Journal of Forensic Science, The Journal of Criminal Law, Criminology, Police Science, etc. CLIENTS U.S. Government /Military: U.S. Army Court-Martial (82nd Airbome Trial Defense Service, Ft. Bragg, NC), Naval Legal Service, Kings Bay Submarine Base, GA); State of Florida: Depts. of Banking & Finance, Health & Rehabilitative Services, Florida Arbitration Board, State & County Prosecutors & Public Defenders, State Senator; County & Municipal: County Commissioners, Sheriff & Municipal Police Depts., County Legal Aid Services, City Governments, Tampa Bay Area Volunteer Lawyers’ Program; . Professions/Business: Local, national, and international businesses & corporations; Banks, Hospitals, & Medical organizations; Insurance companies; statewide professional groups (law firms, medical groups, etc.); Fraternal Orders; Private Investigators, etc. REFERENCES Available on request. rn OTD ATHSE RAs cht ADMIMISTRAT iV COMPLAINT Affiliations The American Coliege of Forensic Examiners National Association of Document Examiners 3 World Association of Document Examiners ~ _ Received from Micky Van Gilder 60+ RESIDENTIAL LEASE fo ee i“ a yh ‘hereinafter refarred to as Tenant, the SUM Of (YG a DOLLARS,. evidence 8S a deposit which, upon Scceptance of this u of the Premises, hereinafter referred te apply gaid deposit as FOllows: Rent for the period From dec 1,95) 4 Dec. 31,95 | 750.00 a __ 750-00 Last month’s rent (a . ' Security Deposit ” my woos 600.00 Other s : TOTAL $1,330.00 . ee In the event that this agreement is not ‘accepted by the Ouner cr his authorized agent within ewe days, the total deposit received shall \be refunded. iTenant hereby offers to lease from the Owner the premises gituated in the City of zB x . » County of_ Pinellas Stabe of_Ftae ; . » described ag 1801 Clearbrooke Dr Unit {801 Clearwater. Fla: 34620 . and Consisting of H vRefri erator, STOVE, upon the following TERMS and CONDITIONS: 1.0 TERM: The term hereo¢ shall commence on DEC ..1 1995 and continue fora period of months thereafter. 2. RENT: Rent shall be 750.00 advance, upon the a 1st Cr his authori St.Pete, Florida or at such. other Places as time to time. ae Per month, payable day ‘of ‘each Calendar zed agent, at the + jo. : : in manth to Owner Sllowing address: 559 -17th Ave N. May be designated by Owner - is not paid when due, to pay a lata Charge of §5.0.00 after the ) 10% par ganum on the delingquant amount. Tenant “grees further to pay $25: fOr each dishonored bank chack. from Tenant 3. UTILITIES: Tenant shall be Fez=pons:iple for the Payment Sy, Services and Electric Only- Owner pays water : 4. USE: The Premises shall be used mor@ than _ 1 adults and, aS 8 residence with ne Purposes without the prior ne children, and for no other writtn consant of the Owner. s+ BETS: No pets -shali be b rou “the prior consent ght on tne Premises without of the Owner, TATUTES Tenant shail comply with all statutes, ordinances and requirements of al} Municipal, state and federal authorities now in ¢ be in force, Pertaining to the u wot Orce or which may hereafter S@-of the premises. . aye MiPLAINT ADMINISTRATIVE COMPLAL , exmigit #3 lo CAGE or V7? re NY SUBLETTING : Tenant shall not assign this agreement or sublet any portion of the Premises without priar of the Owner which may not be unreasonably withheld. 2 So \ wget STNTENANCE. REPAIRS OR ALTERATIONS: - Tenant acknowledges that the Premises are in good order and repair, unless Owner may atlany time yY Of “furniture and furnishings on $ and Tenant shall be deemed to have possession or all said furniture and furnishings in good condition and repair, unless he objects thereto in writing within five -d after receipt of such inventory. Tenant shall, at his own expense, and at all times, maintain the premises in a clean and sanitary manner including all equipment, appliances, furniture and furnishings therein and shall surrender the same, at tarmination hereof, in as 900d condition as received, normal Wear and tear excepted. Tenant shall not paint, paper or otherwise radecorate or make alterations to the premises without the prior written consent of the Owner? Tenant shall irrigate and maintain any surrounding grotun including lawns and shrubbery, and keep. give ays Same clear of rubbish Or weeds, if such grounds are a part of the Premises and are exclusively for the use of, the Tenant. 9. ENTRY. AND INSPECTION: Tenant shall permit Owner or OQwner’s agents to enter the premises at reasonable times and UPON reasonable notice for the purpose of making neces ae convenient repairs, or to shaw the preini Ses to prospec or mortgagees. tenants, purchasers, 1o. INDEMNIFICATION: Owner shall not be liable for any damage or injury to Tenant, or any other person, or to any Property, occurring on the premises,.or any part thereof, oar in common areas thereof, unless such damage is the provimate result of the negligence or unlawful act of Owner, his agents, or his employees. Tenant agrees to hold harmless from any Claims for damages and no matter now Caused, except for injury or damages for legally responsible, OQuner which Owner is 11. EOSSESSION: If Owner is unable to deliver possession of the premises at the commencement hereof, Owner shall not be liable for any damage caused thereby, mor shall this agreement be void or vVoidable, but Tenant shall not be liable for any rent until POSsSession is delivered. Tenant may terminate his agreement if possession is not delivered within wo days of the commencement of the term hereof. 12. DEFAULT: If Tenant shall fail. to pay rent when due, or perform any term hereof, after not Less than three (3) days ; ' a ADMINISTRATIVE CO ExHigiT #_3 pace Door 10 f 33 ‘written notice o- ‘by law, the Qwner . ‘Tenant hereunder, Cure such default, Property, ‘while such default: given in the at his option,: unlass Tenant, If Tenant ab ANF requires may terminate all rights. o: within said times, shall andoang er vacates the in default of the payment oF rent, Ouner may consider any Property left. on the Premises to be: abandoned and may dispose of the Same in any manner allowed by In the avent the Owner reasonable believes that such abandoned Property has no Value, it may, be discarded. All Property onthe Premises’is hereby subject to a lien in faver of Owner for the-payment., OF all sums due hereunder, maximum extent allowed by law. Pes Lav. tno the In the event of-a default by Tériant, 6a) Continue the lease ‘in effect and enforce all his rights ane remedies hereunder, including the right to recover the rent as it becomes due, or (b) at any time, terminate all of Tenant’s rights hereunder and recover from Tenant, all damages he may incur by reason of the breach of the lease, including the cost of recovering the Premises, and Encluding the work at the time of Owner May elect to such terminiation, or at the time of an award if suit be instituted to enforce this provision ot the amount by which the Unpaid rent for the balance m+ the term exceeds the amount of such rental loss Proves could be reas which the te sonably avoided. ant 1S. SECURITY: The Security deposit se shall secure the. performance ef Tenant’s obligations . hereunder. Owner may, but shall not be obligated to, ¢ all or portions of Said deposit on account.of Tenant’s obligations hereunder. Any balance remaining upon termination shall be returned toa Tenant. In the event your lease is not fulfilled , your deposit will not be returned to you. 14. DEPOSIT REEUNDS: The balance of all de ks from date RP zed Agent, showing any charges made t forth above, i Posits shall wa Ossegsion is deliver together with a «te. against such daposits by Owner. 1S. ATTORNEYS .FEES In eny legal action brought roterms hereof or ralating.to the demi Premises, the Pra@vailing party ehall be entitled to incurred in connection with such action; including a reasonable attorney’s fee, by @i thier all co WAIVERS No failure of Owner to anforce any term he shall be deamed a Waiver; nor shall any acceptance of a Partial paymant a¢ rent be deemed a waiver OF Ownert sg rics to the full amount thereof. 17. NOTICES: Any notice which either Party may or is required to give, may be given by meiling prepaid, to Tenant at the Premises or to the Quwner et the. address shown balow or at such other places das signated by the Parties from time jbo time, the same, pe AB may hey Tenant will be responsible for. rent monies for the entire term of the lease, Tenant will not change locks under any circumstances-In the event your lock has been changed you will be charged A Fee of $75.00 to change 1 ocks ADMINISTRATIVE COMPLAINT. > see EXMAGIT gp 34 7 : } . 18. “HEIBB. ASSIGNS, SUCCESSORS; This leases ig binding upon Vand. Gnures to the benefit of the heirs, assigns and SUCCUSB0rE in interest to the parties. : ‘9. HOLDING OVER: An : % holding over after expiration herect, with the consent of Ow ner, shall be construed asa monthetoa- with the terms hereof, as ys 4pplicabla, over or extenaion Of this Jesse shall extend Oe axercisa of the option unless agreed Uponvinwwriténg by Owner ned Tenant hereb acknowl eanes receipt: of a copy Q Y Pp hereof, 4 ‘ Date a . x ! : Tenant a x wee weet Tenant x FRoane Lo The undersi hereof, gned Owner hereby acknowledges receipt of «a Copy Date Dawn ee rh % ee, Bae SI 7/O in 2272S SCY — phone ‘ ADMINISTRATIVE COMPLAINT pe aN [ = “h900t 00000." MIISZETIFG2T PHetiberqoregon "421000000." CCGG 7 7. 2 POO” toy ‘ . OLLCE EPPOLY Bmqssajag 15 j az SHO Sinan is memo youreg ; oSsS “ET ba BIB: DE Fy ; £2 CAF I “gy foro os oe “‘yoq inp i “IE 790019103;— 1091 . aaley 2G i Sove-Ses-c1e “Ace { Y Leel a LAPS uvg using tea/219-e9 IIQI® ung ajahaiyag¢ “005 BOCOONG." HIOSSLETIGAT Enx2trbetgoregou pn ene Joy OLZEE lec —= oe set ‘90891 00000." I952E ye PD Pd We 7 ce? 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BZ 2210 Bangsseye. 8z0°9%0 ] mace eae Qo PILE ND : ) OZOvE AM ‘as “AGE Jy0012 0375, S9PG6-SES-E) IQUE uvg u LIQwEp upg ays 8 wo ra ywgandia‘e oo, 5 MO9SCETII2t 2427 Creag per bed OLLEE ¥Pi40Ly ‘Bangsseieg 95 NON ‘srueay Wel LOLS BZ 29110 Bangs seed 1g ISemYLON j azo-szo pa OzovE Jayee “IGE IROGIqINI) FT SONYyS9re-Ses-e1 ~13Q3@ upg u ESAS ung ay OSetihe' OLLEE FPIeLs “Ganasieieg is BON “enuery WBE 1015 ] “t285000000." MOISLETII21 BZ 291 Bungsseieg “15 IsemyLON, RAPT UE. a eee ae A ie pa sozore Ue oo EG ~ “GE JNOOIGIUIy SE) SOvG-Sus-£ LQ ID wg vu ie a OSeL Po arenes FoF naa agp uUL oT oN oy oe oA tly a oe, oe Oo IN THE COUNTY COURT FOR PINELLAS COUNTY, FLO ; SMALL CLAIMS DIVISION . CASE NO: 98-7427SC ANNE H. SLUDER, Plaintiff, VS MICHELLE VAN GELDER, Defendant. ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND CONTINUING CASE FOR FURTHER PROCEEDINGS THIS MATTER came to be heard following the Plaintiff/Landlord’s pro se filing of a Statement of Claim seeking to recover from the DefendantTenant unpaid rent and damages to the rental premises. On January 13, 1999, the parties appeared for pretrial conference with the Defendant being represented by counsel. After scheduling trial for March 29, 1999, the Court granted Defendant's Motion to file a Counterclaim and agreed to conduct an evidentiary hearing on the Defendant's Motion to Dismiss. Hearings on the Motions to Dismiss were conducted on March 29 and April 12, 1999 with both parties being represented by counsel. At the conclusion, the Court found and ruled as follows: 1. Plaintiff's objection to the Motion to Dismiss and her Motion to Quash and Strike the Motion to Dismiss were denied. This Court has the inherent authority, in the ayers ff exercise of its sound discretion, to conduct an evidentiary hearing to determine if a fraud has been perpetrated upon the Court. Kornblum y. Schneider, 609 So.2d 138 (4 D.C.A. 1992). 2. Plaintiffs first attachment to her Statement of Claim is a document purporting to be a month-to-month lease beginning January 1, 1998. Although this document appears to bear the Defendant's signature, the Defendant has denied signing or returning the lease to the Plaintiff. The Defendant has presented substantial and credible evidence which convincingly establishes that the signature of the Defendant on Defendant's Exhibit No.1 was not supplied by the Defendant. This Court further finds that the Plaintiff is the only other person who would have had the motive‘or incentive to - affix the Defendant's signature to the 1998 lease. ADMINISTRATIVE, COMPLAINT. EXH!31T Pe PAGE Loo 2 // RIDA’’ 1, : T 7, O3 fF 3. The Court's conclusion is based upon the expert testimony of Peter Candler, a questioned document examiner, whose Opinion is that the Defendant's signature was taken from any earlier 1995 lease, pasted on the 1998 lease, and then photocopied to yield Defendant's Exhibit No.1. This is further substantiated by examination of the 1995 lease (Defendant's Exhibit No.4). This exhibit was an unsigned copy of the 1995 lease which was retained by the Defendant after she returned the original signed copy to the Plaintiff. Defendant's Exhibit No. 4 shows that the 1995 version contained x marks before the signature line for the tenant. If Plaintiff were to use the Defendant's signature that appeared on the 1995 lease, it is logical that the first portion of the letter “M” in Michelle would have been cut off because of projecting into the x. As the first part of the letter “M” has been chopped off, it is consistent with the signature having been taken from the early lease and placed on the 1998 lease. Only the Plaintiff would have had the incentive or motive to do this. 4. The purported 1998 lease (Defendant's Exhibit No. 1) also discloses that the signature is not on the base line which is composed of a number of dashes. According to Mr. Candler, this is inconsistent with 43 other examples of the Defendant's signature. Lastly, the 1998 lease contains no X mark on the base line which, if present, would have required the Defendant to Squeeze her name in between the x mark and the end of the line which bears the word “tenant”. In the 1995 lease, the Defendant would have had to squeeze her name in and most likely would have had to lift it at the end so as not to write through the word “tenant”. Because the Defendant's signature is squeezed in on the 1998 lease when there would have been no need for that, it is apparent that her signature was lifted from the 1995 original which was returned to the Plaintiff. 5. Plaintiff has not been totally candid with this Court, A portion of the damages which she claims in Count II are based upon an invoice from “Home Repair Services”. Plaintiff neglected to inform this Court that the invoice was prepared by a person who resides in a portion of her residence. The headquarters of “Home Repair Services” is in the Plaintiff's own home. This, together with the Plaintiffs demeanor and appearance, clearly convinces this Court that she knowingly utilized an altered document not only for the purpose of attempting to recover a money judgment, but also for the purpose of supporting a theft complaint against the Defendant through the Pinellas County Sheriff's Department. 6. There is no indication whatsoever that Plaintiff's counse! was aware of or participated in any manner in the Plaintiff's fraudulent activity. 7. This Court recognizes that dismissal is one of the most severe of all possible sanctions and it should only be employed in extreme circumstances. Kornblum, supra., 609 So.2d at page 139 and Hanono, et ux v, Murphy, et ux, 24 Fla. L. Weekly D95 (3 D.C.A. 1998). The 1998 altered lease was not essential to Plaintiffs pursuit of her claim for damages. Collateral evidence indicates that the Plaintiff may . well be able to establish a prima facie case as to her claims in Counts | and Il. For this reason, the Court declines to grant dismissal with prejudice. This Court finds that an ISTRATIVE COMPLAINT EXHIBIT 7 PAGE 2 of > appropriate sanction would be dismissal without prejudice requiring the Plaintiff to refile without use of or reference to the purported 1998 lease (Defendant's Exhibit No. 4). Further, as a condition to refiling this claim, Plaintiff shall first pay to the Defendant the costs incurred by the Defendant in successfully pursuing the Motion to Dismiss for fraud. Such costs shall include a reasonable attorney's fee which this Court finds that Defendant is entitled to for all activity to date that is reasonably related to the filing and pursuit of the Order Granting the Motion to Dismiss. WHEREFORE, it is ORDERED AND ADJUDGED that the Plaintiffs Statement of Claim be and the same is herewith dismissed without prejudice. It is further ORDERED AND ADJUDGED that Defendant shall be entitled to recover attorney's fees and costs for the pursuit of the Motion to Dismiss. It is further ORDERED AND ADJUDGED that the Plaintiff shall not be entitled to refile this matter until the costs and fees provided for above have been paid by the Plaintiff to the Defendant. It is further ORDERED AND ADJUDGED that the Court retains jurisdiction of this matter for 60-days to determine the amount of attorney’s fees to which Defendant is entitled. DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this 13" day of April, 1999. Kb l8 J KanB. Grube County Judge copies to: Jeffrey Mark Sherman, Esquire 810 63 Avenue North St. Petersburg, Florida 33702 Daniel S. Rosefelt, Esquire 329 7" Avenue North Tierra Verde, Florida 33715 ADMINISTR,, TIVE EXHIBIT PAGE 3. sateen

Docket for Case No: 00-004937PL

Issue Date	Proceedings
Feb. 23, 2001	Order Closing File issued. CASE CLOSED.
Feb. 22, 2001	Motion to Relinquish Jurisdiction (filed via facsimile).
Dec. 27, 2000	Notice of Hearing issued (hearing set for March 5, 2001; 10:00 a.m.; St. Petersburg, FL).
Dec. 27, 2000	Order of Pre-hearing Instructions issued.
Dec. 21, 2000	Joint Response to Initial Order (filed via facsimile).
Dec. 11, 2000	Initial Order issued.
Dec. 11, 2000	Answer filed.
Dec. 11, 2000	Election of Rights filed.
Dec. 11, 2000	Administrative Complaint filed.
Dec. 11, 2000	Agency referral filed.