conspiracy Archives - Lawless America

Windsor v. Christine Scholtus, et al

Bill Windsor has been screwed by a conspiracy to sell a hunk of junk as a house.

CIRCUIT CIVIL COURT FOR HIGHLANDS COUNTY FLORIDA

CIVIL ACTION NO:

WILLIAM M. WINDSOR,

Self-Represented Litigant

Member of American Association of Non-Lawyers,

Pro Se

vs.

Christine Scholtus,

DNS Home Inspection and Consulting, LLC,

MB&A Realty, Inc.,

Defendants.

)

CIVIL ACTION

William M. Windsor (“Windsor or “Plaintiff”) hereby files this CIVIL ACTION against Christine Scholtus; DNS Home Inspection and Consulting, LLC; MB&A Realty, Inc. (“DEFENDANTS”). Plaintiff shows the Court as follows:

PARTIES

1. William M. Windsor (“WINDSOR” or “Plaintiff”) is a resident of Sebring, Highlands County, Florida and a citizen of the United States with his temporary residence at 2725 Bolin Lane, Sebring, Florida 33870-5202.
2. Christine Mary Scholtus (“SCHOLTUS”) is a resident of Sebring, Highlands County, Florida and is the Seller of the HOME at 2725 Bolin Lane, Sebring, Florida 33870-5202. The only address provided for her is c/o MB&A Realty, Inc., 2617 US Hwy 27 S, Sebring, Florida 33870, cscholtus55@gmail.com, tania@mbnarealty.co, tania@mbnarealty.com, 863-270-8138.
3. DNS Home Inspection and Consulting, LLC (“DNS”) is a business in Sebring, Highlands County, Florida, 2640 Blue Bonnet Drive, Sebring, Florida 33870, 863-840-2705, dnshic1@gmail.com. DNS is a licensed home inspection company, a member of the American Society of Home Inspectors and InterNACHI.
4. MB&A Realty, Inc. (“MB&A”) is a business in Sebring, Highlands County, Florida, 2617 US Hwy 27 S, Sebring, Florida 33870, tania@mbnarealty.co, tania@mbnarealty.com, 863-270-8138. MB&A is a licensed real estate firm, a member of the Heartland Association of Realtors.
5. All parties are subject to jurisdiction and venue in this Court.

JURISDICTION AND VENUE

6. Florida Statute § 34.01 provides this Court has subject matter jurisdiction in all actions of law in which the matter or controversy exceeds $50,000. The PLAINTIFF seeks more than $50,000.

7. Venue is proper in this court as this court is the most convenient and appropriate location for the case to proceed. All of the parties are in Highlands County, Florida.

FACTUAL BACKGROUND

8. William Michael Windsor (“Plaintiff” or “Windsor”) is 76 years old. He was born in 1948 in Columbus, Georgia, USA, the first son of Walter M. Windsor, born in New York, NY, USA, and Mary Garnett Johnson, born in Schoolfield, VA, USA. Windsor’s parents were exceptional, and he was taught to tell the truth. Windsor is a citizen of the United States of America and a veteran. In school and in the United States Army, Windsor was taught that he was protected by the Constitution and its Amendments.

9. In June 1971, WINDSOR married and moved to a rented apartment in Orlando, Florida. In 1973, WINDSOR and his wife purchased a home in Maitland, Florida. Over the next 40 years, WINDSOR was involved as a buyer or seller in many residential real estate transactions.

10. In 2010, WINDSOR began doing paralegal work for people who felt they were victims of injustice. He has done this work for 15 years at no charge.

11. In 2013, WINDSOR and his wife were divorced, and WINDSOR moved to a rented apartment in Dallas, Texas. WINDSOR has not remarried, and he lives alone.

12. On 10/25/2016, WINDSOR purchased a double-wide manufactured home in the Lakes at Leesburg, Florida. He had a Four-Point Inspection done on the home.

13. On 5/5/2017, WINDSOR was hit by a Boise Cascade 18-wheeler at 75-miles-per-hour on the Florida Turnpike. The truck was driven recklessly by Robert Longest. WINDSOR was permanently disabled. He suffered abdominal, neck, and back injuries that he still has today. His car was totaled, and he believes an angel saved him from death. The trucker was at fault. This was confirmed by eyewitness Jerome Wilt in a deposition. [EXHIBIT A, Page 47.] WINDSOR has not had a traffic or parking ticket in 25 years.

14. On 6/13/2017, WINDSOR bought another Pontiac Solstice to replace his car that was totaled.

15. On 9/27/2017, WINDSOR bought a condo at Coach Houses at Leesburg Condominium Association, Inc. in Leesburg, Florida.

16. On 11/21/2017, WINDSOR sold his Pontiac Solstice because he could no longer get in or out without significant pain caused by the injuries from the 18-wheeler.

17. On 10/1/2021, WINDSOR filed a Notice of Petition for Chapter 13 Bankruptcy for the Middle District of Florida. [EXHIBIT B.] He remains in bankruptcy today in a five-year plan.

18. On 8/17/2022, WINDSOR sold his Condo at Coach Houses in Leesburg, Florida and bought a motorhome. WINDSOR has fallen hundreds of times since he was hit by the 18-wheeler. He has no balance, and one fall caused him to lose the use of the fingers and thumb on his left hand. He has lost all of his teeth from dry mouth caused by medications he was given for anxiety from the near-death experience. He has Glaucoma, Type 2 Diabetes, tremors in both hands, and bladder and bowel problems.

19. On 9/13/2024, WINDSOR sold his motorhome and began looking to buy a manufactured home to simplify his life and minimize medical risk.

20. WINDSOR had driven by the home at 2725 Bolin Lane in Sebring, Florida (“HOME”) on 9/19/2024 after seeing the information and photos MB&A had on Zillow. [EXHIBIT C.] WINDSOR was denied the ability to see inside the HOME; he only got a quick view of the exterior from his moving car. WINDSOR was approved by the Oak Ridge Mobile Home Park (“PARK”) on 9/24/2024.

21. WINDSOR advised the Seller’s Realtor, Melissa Bivens (“BIVENS”), he would drive back to Sebring from Clearwater and remain in the area until he could see inside the home.

22. But, before WINDSOR could return to Clearwater, he took a bad fall in a motel room. He was flat on his back and couldn’t move. He had to scream for help. Three locks had to be removed from the door to reach him, and firemen transported him to Advent Health Hospital in Lake Placid where he spent 15 days in Intensive Care.

23. Insurance companies require an inspection, and hospitalized WINDSOR badly needed an inspection. He needed a safe place for Rehab with Enhabit, the Sebring-based rehab company. DNS Home Inspection and Consulting LLC (“DNS”) was recommended by MB&A, and WINDSOR retained DNS on 9/24/2024. [EXHIBIT D.] The inspection was vital to WINDSOR as he was in the hospital and was unable to leave. He asked to tour the home, but his request was denied.
24. DNS advertises:

“Connection is important to our team, and so is completing a thorough inspection. Our promise to our customers is that each inspection will be completed to the ASHI standards of practice. DNS Home Inspection leaves no stone unturned and will check every nook and cranny to make certain your home and its operating systems are structurally sound. We go the extra mile and then a mile more.”

25. The DNS website proudly promotes that it is a member of The American Society of Home Inspectors (“ASHI”). ASHI publishes its “Standards of Practice” [EXHIBIT E] which DNS was expected to comply with.
26. WINDSOR ordered the Four-Point Inspection from DNS by email while in the Intensive Care Unit at Advent Health Lake The “Date Inspected” was 9/30/2024. [EXHIBIT D.]
27. BIVENS informed WINDSOR in the hospital that no issues with the HOME were identified by DNS.
28. But after Closing, BIVENS told WINDSOR the HVAC was not working, claiming it was disclosed on the There is no such disclosure in the Listing, and the technician who came out told WINDSOR there was no indication anyone had serviced the HVAC recently. [EXHIBIT F.]
29. DNS gave the HOME a satisfactory inspection. [EXHIBIT]
30. On 9/30/2024 from Intensive Care in Advent Health Hospital in Lake Placid, Florida, WINDSOR entered into a CONTRACT to purchase the HOME from the Seller, Christine Scholtus (“SCHOLTUS”) with the comfort of the Inspection. [EXHIBIT H.]
31. BIVENS communicated regularly with SCHOLTUS. WINDSOR asked BIVENS to get information from SCHOLTUS, but he received very little from BIVENS, and he never received anything from SCHOLTUS.
32. WINDSOR asked BIVENS if there were any problems with the HOME after the Hurricane. She did not report any problems but said there was a loss of power to the PARK.
33. BIVENS came to see WINDSOR in the Hospital on 10/1/2024.
34. The CONTRACT [EXHIBIT H] specified the Personal Property included [EXHIBIT H, Paragraph 3 – porch furniture, dining room table and chairs, living room sectional and credenza, washer and dryer].
35. WINDSOR was shocked two weeks later to find hundreds of other items and thousands of pounds of Personal Property filled the Habitat for Humanity only took some things. NuHope took even less. BIVENS took a golf cart that was left in the Carport. [EXHIBIT K.] Virtually every drawer and cabinet in the HOME had leftover contents. [EXHIBIT I.] The Shed was filled with abandoned contents. [EXHIBIT J.] The Shower contained the toiletries of SCHOLTUS. The Refrigerator, Freezer, and Kitchen Cabinets contained food of SCHOLTUS. [EXHIBIT L.]
36. On 10/15/2024, WINDSOR had prearranged a mover to pack up and deliver WINDSOR’s furniture and household items to the HOME from a storage unit in Bushnell Florida. The mover was unable to place the furniture and household items into place because SCHOLTUS had all spaces filled with her stuff. The truck was emptied into the Carport. The PARK threatened WINDSOR with eviction due to the mess.
37. The Closing was 10/16/2024, and WINDSOR and CHRISTINE met for the only time. [EXHIBIT M.] WINDSOR wire transferred $38,774.97 from his homestead savings account. [EXHIBIT N.] WINDSOR saw the interior of the HOME for the first time later that day, and he was sick with what he saw. WINDSOR would have NEVER bought the home if he had received an honest Inspection from DNS or if SCHOLTUS or MB&A had told him the truth about the HOME.
38. WINDSOR continued to stay in a Sebring hotel because the HOME was such a wreck.
39. WINDSOR had to hire two women, to clear all property of SCHOLTUS out of the HOME. They worked on 10/18/2024, 10/19/2024, 10/21/2024, 10/23/2024, and 10/26/2024. This cost WINDSOR $1,600. [EXHIBIT O.] There is still work to be done.
40. WINDSOR had to rent a UHaul and pay for two loads to be delivered to the Highlands County [EXHIBIT P.] [EXHIBIT Q.] [EXHIBIT R.]
41. The HOME was TRULY FILTHY. WINDSOR expected a home that was reasonably clean. There was nothing clean about this The HVAC filters do not appear to have ever been replaced [EXHIBIT S.] Balls of dog hair and dog toys were found everywhere [EXHIBIT T.]
42. Paragraph 12 of the CONTRACT provides that Risk of Loss or destruction by any causes is assumed by the Seller until closing, which was 10/15/2024. Hurricane Milton hit Sebring, Florida on 10/12/2024. The roof and rain gutter of the HOME were damaged, but this was not disclosed to WINDSOR. After WINDSOR was in the HOME to begin his physical Rehab, six mounds of mold began growing on the interior of the Living Room Ceiling (see here). [EXHIBIT U.]
43. Paragraph 12 provides that the CONTRACT may be declared null and [EXHIBIT H, Paragraph 12.]
44. WINDSOR declared the CONTRACT to be Null and Void, and he demanded a full refund as well as reimbursement for expenses he was forced to [EXHIBIT V.] He sent this to each of the DEFENDANTS. He attempted several ways to find SCHOLTUS. [EXHIBIT Z.]
45. Paragraph 13 of the CONTRACT provides that Seller Defaults when failing to perform Seller’s obligations under the [EXHIBIT H.] The Seller failed to perform, and SCHOLTUS defaulted.
46. WINDSOR was experienced with a previous four-point inspection, and he used an online search to see what he would receive and to identify Sebring inspection companies.
47. [EXHIBIT W] has published details about Inspections.
48. A standard form is usually used for a Four-Point Inspection, [EXHIBIT X.] This is the identical form used by DNS. [EXHIBIT Y.]
49. WINDSOR was informed in his hospital bed by BIVENS of MB&A that the HOME passed the Four-Point Inspection with no hazards or [EXHIBIT Y.] WINDSOR was relieved. He was outraged to later discover that the Inspection is false as to each of the four points.
50. WINDSOR has suffered extreme emotional distress as a result of all of this. He can only walk short distances with a cane or Walker, and even that is a fall risk. WINDSOR is unable to lift or carry anything. He is incapable of doing much of anything, and he suffers distress when he is forced to hire someone to help. He has difficulty sleeping. He has suffered a significant financial setback as the result of this.

FIRST CLAIM FOR RELIEF

BREACH OF CONTRACT AND FAILURE TO DISCLOSE – CHRISTINE SCHOLTUS

The allegations in paragraphs 1 through 50 above are incorporated herein by reference as if set forth in full. SCHOLTUS breached the contract by concealing her contact information. [EXHIBIT H.]
SCHOLTUS breached the contract by making false representations about the property. [EXHIBIT H.]
SCHOLTUS breached the CONTRACT by failing to show the CONTRACT was null and void when demanded by WINDSOR. [EXHIBIT H.]
SCHOLTUS breached the CONTRACT by failing to issue refunds demanded by WINDSOR. [EXHIBIT H.]
Sellers of real estate are legally or ethically required to share information. The duty to disclose any material defects obligates the seller to inform the buyer about any known defects or issues related to the property. This obligation stems from the principle of full disclosure, which holds that all parties in a transaction should have access to all material facts. SCHOLTUS failed to disclose material defects with the Roof, Electrical, HVAC, and Plumbing.
When a seller knows about a material defect and doesn’t inform the buyer, it’s considered a failure to disclose. The result can be legal liability, including damages as the lack of disclosure harmed WINDSOR.
A material defect is a specific issue with a property that could affect its value, usability, or safety. These are substantial problems, not minor or aesthetic issues, that can impact the property’s worth or the buyer’s decision to purchase.
The duty of a seller primarily revolves around providing a clear, honest, and accurate representation of the product or property being sold. In the context of real estate, sellers have several key obligations:

· Disclose material facts: The seller is required to disclose any known material defects or issues that could affect the property’s value or a buyer’s decision to purchase. This includes issues like structural defects, pest infestations, or a history of flooding.· Honesty and good faith: Sellers are expected to act in good faith throughout the transaction process without misrepresentation or fraud.

59. SCHOLTUS failed to disclose material defects. She did not act in good faith. She misrepresented information and committed fraud.

SECOND CLAIM FOR RELIEF

BREACH OF CONTRACT, NEGLIGENCE, AND VIOLATION OF DUTIES — DNS

The allegations in paragraphs 1 through 59 above are incorporated herein by reference as if set forth in full.
DNS breached the CONTRACT by failing to do a proper inspection. [EXHIBIT Y.]
DNS breached the CONTRACT by failing to include a Roof Inspection. [EXHIBIT BB.]
DNS breached the CONTRACT by failing to include sufficient photos.
DNS breached the CONTRACT by failing to do a proper inspection of the Electrical There is no way for the DNS Inspector to know if the amperage was sufficient. The Hot Water Heater was not operational, and the Circuit Breaker for the Hot Water Heater was inoperable. [EXHIBIT Q.]
The Inspection falsely indicates the Main Panel is Square [EXHIBIT Y.] It is not. The Square D panel is a one-switch breaker for the HVAC unit located outside the HOME next to the HVAC unit. [EXHIBIT R.] The Main Panel is Federal Pacific, located in the MASTER BEDROOM. [EXHIBIT S.]
Brian of All Service Plumbing was paid by WINDSOR to inspect the water heater that was not working. He reported to WINDSOR: “30-amp breaker won’t stay engaged in the On Position and is very loose.” [EXHIBIT T.] Brian advised WINDSOR to call an electrician.
The HOME did not have hot water. WINDSOR was unable to bathe, wash clothes, or wash dishes. Cleaning had to be done with cold water.
WINDSOR’s feet were black after walking on floors that had just been cleaned by a professional housekeeping company. [EXHIBIT U.]
There was no identification by DNS of “Hazards Present” [EXHIBIT Y], but there was clear tripping breakers and other hazards. [EXHIBIT S.]
The indication by DNS that the General Condition of the Electrical System was “Satisfactory” is a false claim. [EXHIBIT Y.]
DNS breached the CONTRACT by failing to do a proper inspection of the HVAC [EXHIBIT Y]
The DNS Inspection falsely claims the heating, ventilation and air conditioning system was “in good working order.” It was not. The AC does not properly cool the HOME. It was not even operational when inspected. [EXHIBIT Y.]
The HVAC Vent Filters looked like they had never been [EXHIBIT S.] They are caked solid with dust, dirt, and dog hair. There is no way the DNS Inspector inspected this most basic HVAC component.
WINDSOR arranged for a technician come out to work on the The HVAC Control Unit did not work properly and had to be replaced. The filters had to be replaced. The HVAC still does not operate properly.
DNS breached the CONTRACT by failing to do a proper inspection of the Plumbing [EXHIBIT Y.]
The DNS Inspection falsely claims the Plumbing System was “Satisfactory” as to nine potential issues. [EXHIBIT Y.] At least Refrigerator, Water Heater, and Toilets were [EXHIBIT W.] [EXHIBIT X.] [EXHIBIT Y.]
The Hall Bathroom Toilet was disconnected. When WINDSOR turns the water on, it runs continuously. The Master Bathroom Toilet also runs continuously.
The Refrigerator leaks water continuously. The Water Heater did not work at [EXHIBIT Z.]
DNS breached the CONTRACT by failing to do a proper inspection of the [EXHIBIT Y.]
The indication that the Overall Condition of the Roof was “Satisfactory” is a false [EXHIBIT Y.]
The DNS Inspection was incomplete. Photos were not provided of each Roof slope, so a Roof Inspection Form was required. There was no Roof Inspection Form. [EXHIBIT Y.] [EXHIBIT BB.]
The Roof has Mold is growing on the ceiling in the Living Room. The ceiling tiles in that corner of the Living Room are damaged from leaks [EXHIBIT U.]
DNS did not conduct the Inspection in a reasonable manner consistent with current industry standards. DNS failed to disclose important material defects, and DNS must be held liable under the theory of negligence. Negligence holds one party accountable for the harm they have caused another party with their carelessness. Simply put, negligence refers to:

One person owed another a duty of care;
They breached that duty;
The breach resulted in injuries, that would not have occurred otherwise; and
The breach of duty caused damages, such as property damages or emotional harm.

THIRD CLAIM FOR RELIEF

BREACH OF CONTRACT, DUTIES, AND ETHICS AS A REALTOR – MB&A

84. The allegations in paragraphs 1 through 83 above are incorporated herein by reference as if set forth in full.

85. MBNA breached its legal responsibilities by failing to disclose problems, concealing contact information for SCHOLTUS, and more.

86. The Four-Point Inspection Form requires that the Real Estate Agent may not submit the Inspection when the property has electrical, heating or plumbing systems not in good working order or with existing hazards/ [EXHIBIT X, Page 4.] The HOME had systems that were not in good working as well as hazards and deficiencies. MB&A violated this obligation.

87. The Code of Ethics and Standards of Practice of the National Association of Realtors establishes explicit requirements for REALTORS® that MB&A has violated. [EXHIBIT AA.]

88. REALTORS® pledge themselves to protect and promote the interests of their client. This obligation to the client is primary, but it does not relieve REALTORS® of their obligation to treat all parties honestly. When serving a buyer, seller, landlord, tenant or other party in a non-agency capacity, REALTORS® remain obligated to treat all parties honestly. WINDSOR was not treated honestly. MB&A lied to WINDSOR and deceived him. [EXHIBIT AA.]
89. REALTORS® shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction. MB&A concealed numerous pertinent facts regarding the HOME. [EXHIBIT AA.]
90. REALTORS®, for the protection of all parties, shall assure whenever possible that all agreements related to real estate transactions including, but not limited to, listing and representation agreements, purchase contracts, and leases are in writing in clear and understandable language expressing the specific terms, conditions, obligations and commitments of the parties. A copy of each agreement shall be furnished to each party to such agreements upon their signing or initialing. MB&A did not provide WINDSOR with a copy of the listing or representation agreements and ignored his request for them. [EXHIBIT AA.]
91. REALTORS® shall be honest and truthful in their real estate communications and shall present a true picture in their advertising, marketing, and representations. MB&A’s online ads were deceiving. MB&A was dishonest in communications with WINDSOR. [EXHIBIT AA.]

FOURTH CLAIM FOR RELIEF

FRAUD

92. The allegations in paragraphs 1 through 91 above are incorporated herein by reference as if set forth in full.

93. All defendants engaged in a pattern of fraud against Windsor, and entered a conspiracy to do so, which inflicted great and irreparable harm upon Windsor.

94. Fraud is the purposeful falsification of information, the perversion of the truth, or the false representation of a matter of fact. In essence, fraud is lying, but on a grand scale. Under Florida law, an individual commits fraud when they conceal information that should not have been concealed, when they purposefully lie, or when they undertake any sort of dishonest act for the purpose of benefiting themselves and duping another. A person found guilty of fraud in Florida faces anything from restitution to extensive jail time.

95. In order to find someone guilty of fraud in Florida, the prosecution must prove that the person’s actions included the following five elements:

Knowledge that their statement was untrue;
A false statement of material fact;
An injury to someone else as a result;
Justifiable confidence by the victim on the statement that the person made; and
An intention on the defendant’s part to dupe the victim.

FIFTH CLAIM FOR RELIEF

FRAUDULENT MISREPRESENTATION

96. The allegations in paragraphs 1 through 95 above are incorporated herein by reference as if set forth in full.

“There are four elements of fraudulent misrepresentation: ‘(1) a false statement concerning a material fact; (2) the representor’s knowledge that the representation is false; (3) an intention that the representation induce another to act on it; and (4) consequent injury by the party acting in reliance on the representation.’” Butler v. Yusem, 44 So. 3d 102, 105 (Fla. 2010) (quoting Johnson v. Davis, 480 So. 2d 625, 627 (Fla. 1985)).”

97. A false statement or misrepresentation, is satisfied not only where the person who made it knew it was false at the time but also where the representation is made “without knowledge as to either truth or falsity” or when the representation is made “under circumstances in which the representor ought to have known, if he did not know, of the falsity thereof.” Thor Bear, Inc. v. Crocker Minzer Park, Inc., 648 So. 2d 168, 172 (Fla. 4th DCA 1994).

98. Fraud also includes the intentional omission of a material fact. Consequently, the intentional withholding of information for the purpose of inducing action has been regarded as equivalent to a fraudulent misrepresentation. Ward v. Atl. Sec. Bank, 777 So. 2d 1144, 1146 (Fla. 3d DCA 2001); Solorzano v. First Union Mortg. Corp., 896 So. 2d 847, 849 (Fla. 4th DCA 2005).

99. Not every false statement constitutes actionable fraudulent misrepresentation. As a general rule the misrepresentation must be of a past or present material fact. “A material fact is one that is of such importance that (claimant) would not have [entered into the transaction] [acted], but for the false statement.” Florida Standard Jury Instructions (Civil) § 409.5. Three categories of false statements are generally not considered actionable fraud: opinions, sales or trade talk, or statements of intention or promises. 37 Am. Jur. 2d Fraud and Deceit §§ 41–44 (1974).

100. As just noted, “[a] false statement amounting to a promise to do something in the future is [usually] not actionable fraud.” Sleight v. Sun and Surf Realty, Inc., 410 So. 2d 998, 999 (Fla. 3d DCA 1982). However, there is a narrow exception, if it can be shown that “the promisor had a specific intent not to perform at the time the promise was made.” Century Props., Inc. v. Machtinger, 448 So. 2d 570, 572 (Fla.2d DCA 1984).

101. The recipient of a fraudulent misrepresentation of fact is justified in relying upon its truth, although he might have ascertained the falsity of the representation had he made an investigation. SeeRestatement (Second) of Torts § 540 (1976). However, the recipient of a fraudulent misrepresentation is not justified in relying upon its truth if he knows that it is false or its falsity is obvious to him. at § 541. See also Gilchrist Timber Co. v. ITT Rayonier, Inc., 696 So. 2d 334, 336 (Fla. 1997).

“The elements of claims for fraud in the inducement, fraud in the performance, fraudulent misrepresentation, and negligent misrepresentation are identical and differ only by the underlying facts supporting each claim.” See 21 Fla. Prac., Elements of an Action § 52:1 (2009–2010 ed.)

102. A misrepresentation is fraudulent when the person making it either (a) knew it was false, (b) should have known it was false, or (c) made the misrepresentation without knowledge of whether it was truth or false.

103. A misrepresentation is negligent when a party transmits false information but is not aware of the falsehood.

104. All DEFENDANTS are guilty of fraudulent misrepresentation.

SIXTH CLAIM FOR RELIEF

Unfair or Deceptive Practices

The allegations in paragraphs 1 through 104 above are incorporated herein by reference as if set forth in full.
Florida Statute 501.204 establishes unlawful acts and practices:

“(1) Unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

“(2) It is the intent of the Legislature that, in construing subsection (1), due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to s. 5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. s. 45(a)(1) as of July 1, 2006.” [http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/0475ContentsIndex.html]

All DEFENDANTS have utilized unfair or deceptive practices.
All DEFENDANTS are guilty of unfair business practices.

SEVENTH CLAIM FOR RELIEF Conspiracy to Commit Fraud

109. The allegations in paragraphs 1 through 108 above are incorporated herein by reference as if set forth in full.

110. A civil conspiracy in Florida involves the following elements: (a) a conspiracy between two or more parties; (b) to do an unlawful act or to do a lawful act by unlawful means; (c) the doing of some overt act in pursuance of the conspiracy; and (d) damage to plaintiff as a result of the acts performed pursuant to the conspiracy. Walters v. Blankenship,931 So.2d 137, 140 (Fla. 5th DCA 2006).

111. There is a conspiracy by each of the three DEFENDANTS and their agents. The DEFENDANTS and their agents breached their contracts and legal duties. Each of them did some overt act in pursuance of the conspiracy. WINDSOR was damaged as a result.
112. For a claim of civil conspiracy to be actionable a separate actionable underlying tort or wrong is required. See Florida Fern Growers Ass’n, Inc.; Wright v. Yurko,446 So.2d 1162 (Fla. 5th DCA 1984). It is sufficient if each conspirator knows of the scheme and assists in some way. Charles v. Fla. Foreclosure Placement Ctr., LLC, 988 So. 2d 1157, 1160 (Fla. 3d DCA 2008). In the case of Blatt v. Green, Rose, Kahn & Piotrkowski it was stated that “the gist of a civil action for conspiracy is not the conspiracy itself, but the civil wrong which is done pursuant to the conspiracy and which results in damage to the plaintiff.” 456 So.2d 949, 951 (Fla. 3d DCA 1984); see also Phelan v. Lawhon, 2017 WL 1177595 (Fla. 3d DCA 2017) (civil conspiracy claim must show independent wrong that would be an actionable wrong if it was committed by one person); Walters v. Blankenship, 931 So.2d 137, 140 (Fla. 5^th DCA 2006) (action for civil conspiracy generally requires underlying wrong or tort).

113. The underlying wrongs are breach of conduct and fraudulent misrepresentation.

114. WINDSOR is a victim of a civil conspiracy.

COMPENSATORY DAMAGES

115. Windsor should recover actual damages from Defendants, the amount of which is still accruing.

PUNITIVE DAMAGES

116. Defendants’ conduct as described above is willful, wanton, wicked, intentional, and malicious resulting from fraud, insult, and malice, and it is associated with aggravating circumstances, including willfulness, wantonness, malice, oppression, outrageous conduct, insult, and fraud, thus warranting Windsor’s recovery of punitive damages from Defendants, to be determined by the trier of fact. Florida Statute Section 768.2 authorizes punitive damages. Windsor should receive an award of punitive damages. He seeks at least $50,000 from each of the three DEFENDANTS.

PRAYER FOR RELIEF

WHEREFORE, Windsor prays for judgment in favor of Windsor and against Defendants. WINDSOR seeks at least $100,000 from SCHOLTUS and cancellation of the CONTRACT; at least $60,000 from DNS; and at least $50,000 from MB&A.

The PLAINTIFF asks the Court for an order granting this CIVIL ACTION; and requiring all parties, the Clerk, judges, and Judicial Assistants to send everything by email. His address, email, and phone are:

WILLIAM MICHAEL WINDSOR

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

Submitted this 3rd day of December, 2024,

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

CERTIFICATE OF SERVICE

I hereby certify that I have served the foregoing to each Defendant by email with the addresses for service provided to:

Christine Mary Scholtus

c/o MB&A Realty, Inc.

2617 US Hwy 27 S, Sebring, Florida 33870

cscholtus55@gmail.com, tania@mbnarealty.co, tania@mbnarealty.com

863-270-8138.

DNS Home Inspection and Consulting, LLC

2640 Blue Bonnet Drive

Sebring, Florida 33870

dnshic1@gmail.com

863-840-2705.

MB&A Realty, Inc.

2617 US Hwy 27 S

Sebring, Florida 33870

tania@mbnarealty.co, tania@mbnarealty.com

863-270-8138.

This 3rd day of December, 2024,

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

VERIFICATION OF WILLIAM M. WINDSOR

I, William M. Windsor, swear that I am authorized to make this verification and that the facts alleged in the foregoing are true and correct based upon my personal knowledge, except as to the matters herein stated to be alleged on information and belief, and that as to those matters, I believe them to be true.

I declare under penalty of perjury that the foregoing is true and correct based upon my personal knowledge.

This 3rd day of December, 2024,

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

CERTIFICATE OF COMPLIANCE

I hereby certify that this pleading has been prepared in Book Antiqua 14-point font.

This 3rd day of December, 2024,

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

DEMAND FOR JURY TRIAL

Windsor hereby demands a trial by jury.

This 3rd day of December, 2024,

_______________________________
WILLIAM MICHAEL WINDSOR,

Self-Represented Litigant, Pro Se

Member of the American Association of Non-Lawyers

2725 Bolin Lane, Sebring, Florida 33870-5202

352-661-8472 — windsorFL@yahoo.com

What Bill Windsor has learned about Corruption since 2008

In 2007, Bill Windsor was awfully naive for a former president of a Goldman Sachs company. He thought judges were honest. He has learned there is no such thing...

William Michael Windsor was found guilty of being NAIVE.

In 2008, 60-year-old Bill Windsor was sued in a completely bogus lawsuit that it turns out was designed to stop him from discovering a multi-billion dollar fraud.

$2,000,000 in legal fees later, William Michael Windsor ceased to be so naive.

32-year Federal Judge Orinda D. Evans took Bill Windsor from a retired multi-millionaire to a poor person. Horrendous Orinda also made Bill Windsor an Activist. Bill Windsor hates, loathes, and despises liars, and Judge Orinda D. Evans lied and lied and lied some more to take care of the largest law firm in Georgia that represented the New York liars who had sued him.

Even after this, Bill remained naive. He did not stop to think that if Judge Orinda D. Evans did this to him, she would be doing it to others. Or that other judges were corrupt.

The naive light started to flicker when the Eleventh Circuit Court of Appeals failed to reverse Orinda D. “the Liar” Evans. Then the United States Supreme Court refused to tell the federal judges in Georgia that they had to abide by the United States Constitution. Even then, Bill Windsor did not realize he was not the only Mohican experiencing this.

An article ran online asking if the United States Supreme Court had voided the Constitution. It was the story of William Michael Windsor’s pro se journey to the United States Supreme Court. The article gave Bill’s email address and a home telephone number. Over 7,000 people emailed Bill to tell their stories of judicial and government corruption. Bell South’s voicemail system broke after better than 600 people called and left voicemails telling their stories.

So, no more naivete…kind of. Bill still wants to believe some people are honest. That’s just his nature.

Bill came up with one idea after another to try to help save America. He launched LawlessAmerica.com and began publishing articles. Over a decade later, millions of eyeballs have seen the 1,727 articles. This has clearly been the most effective thing he has done. He has had to battle haters, hackers, malware, and corrupt government officials.

In 2010, former radio and TV announcer Bill Windsor began an online radio show.

Bill generated over 50,000 followers on Facebook until they canceled his page due to “nudity, pornography, and solicitation of sex.” AT&T canceled his long-time email address claiming a violation of terms of service (never to be identified). Bill has had his life threatened hundreds of times. Sean Boushie attempted to murder him, but missed and hit the car next to him. While he has never committed a crime, Bill was held in jail for 134 days.

In 2012 and 2013, Bill drove to all 50 states to produce and direct a documentary about government, judicial, and law enforcement corruption. Before he departed, he told his radio listeners that he didn’t believe there was an honest judge anywhere in America. People told him not to say that as he would lose all credibility. A year and 1,500 interviews later, Bill Windsor KNOWS he has found only two seemingly honest judges — one in Gwinnett County Georgia, Judge Joseph C. Iannazzone, and Supreme Court Justice Amy Coney Barrett. But Judge Joseph C. Iannazzone was back before Bill had become the leading authority in America on judicial corruption. Now he has a target on his back that glows in the dark.


Judge Iannazzone	Amy Coney Barrett

We live in Lawless America. Our Constitution is amazing, and we have many great laws. The problem is that the Constitution, the laws, and the rules are routinely violated. That puts us in Lawless America.

In 2021 and 2022, Bill experienced first-hand that everyone in Texas is corrupt — judges, government officials, government agencies, attorneys, court personnel, district attorneys, police, sheriffs, you-name-it. Bill is preparing to sue the State of Texas in the United States Supreme Court. Perhaps Justice Amy Coney Barrett will do the right thing. Naive? Or an eternal optimist?

If we have any chance to save America, it is up to all of us Nobodies. Explain briefly to at least one person a day that none of us will ever see justice unless we educate millions of our fellow residents of Lawless America.

Bill Windsor

I, William M. Windsor, am not an attorney. This website expresses my OPINIONS. The comments of visitors or guest authors to the website are their opinions and do not, therefore, reflect my opinions. Anyone mentioned by name in any article is welcome to file a response. This website does not provide legal advice. I do not give legal advice. I do not practice law. This website is to expose judicial corruption, government corruption, law enforcement corruption, attorney wrongdoing/corruption, and political corruption. Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed. Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website. The law is a gray area at best. Please read our Legal Notice and Terms.

http://www.LawlessAmerica.com

windsorinsouthdakota@yahoo.com

https://www.youtube.com/c/lawlessamericamovie

https://www.facebook.com/billwindsor1/

#LawlessAmerica
#WilliamMWindsor
#BillWindsor

Fraudulent Inducement upon the Family of Tom Kibler

Tom Kibler and his family are the victims of fraudulent inducement.

This article was written by Tom Kibler. His full story is at https://www.1694valerielanenewbrightonmn.com/

Continue reading Fraudulent Inducement upon the Family of Tom Kibler

Judge Jim Meyer accused of being Unfit in Case of The Delaney at Lake Waco Nursing Home – Managed by Life Care Services

Judge Jim Meyer (“Oscar”) of Waco, Texas appears to be suffering from an impairment that makes him unfit to be a judge. Cause Number 2021-3814-5 in McLennan County District Court in Waco, Texas…

MOTION FOR RECONSIDERATION

Now comes William M. Windsor (“Windsor”), Third-Party Defendant and Counter-Defendant, and files this Motion for Reconsideration:

I ask that all matters before Judge Jim Meyer on January 12, 2022 be reconsidered. Judge Jim Meyer demonstrated he is unfit for office. He ignored the facts and the law. He denied my rights repeatedly. He was dazed and confused. He cut the hearing off before it was over and made oral rulings that had absolutely no basis in fact or law. He literally did not know who I was or why I was there.

If Judge Jim Meyer has dementia or Alzheimer’s, he needs to recuse himself and retire. He could get a 224-square-foot maintenance closet-like room at The Delaney at Lake Waco. Another judge should hear this motion.

If Judge Jim Meyer was drunk or under the influence of mind-altering drugs, he needs to recuse himself, retire, and go into rehab.

Attorney Jim Dunnam has admitted that he interfered with the subpoenaed testimony of Wanda Dutschmann. This is a crime.

Doug Dutschmann committed several crimes during his testimony – false criminal charge against me and Aggravated Perjury.

The events of 1/12/2022 must be reconsidered.

FACTUAL BACKGROUND

1. On January 5, 2022, a hearing was held on Marcie Schreck’s (“MARCIE”) Motion for a Temporary Restraining Order. I, a party, was excluded from the hearing. On January 5, 2022 at 1:07 p.m., I sent an email complaining and asking that my Motion for Rehearing be set. In it, I asked Judge Jim Meyer to recuse himself. [EXHIBIT 355.]

2. On January 6, 2022, Trisha of the 170th Court sent me an email setting my Motion for Rehearing for 1/12/2022. [EXHIBIT 356.] [EXHIBIT 360.]

3. This Court held a hearing on 1/12/2022. It was on my Motion for Rehearing due to my exclusion from the January 5, 2022 Hearing. Judge Jim Meyer did not allow me to present my motion.

4. He began the hearing by having MARCIE Schreck testify under oath.

5. Judge Jim Meyer seemed very confused. Any honest person who attended the hearing observed that Judge Jim Meyer seems to be unfit for office.

6. Judge Jim Meyer sat at the bench giggling at times. There didn’t appear to be anything going on that was giggle-worthy. I asked him if that was gas pains or was he laughing at something. He didn’t respond. He may not have heard me or understood the question.

7. There were objections and motions that he never addressed.

8. On multiple occasions, Judge Jim Meyer didn’t know who I was or why I was there. He kept claiming I wasn’t a party. I explained it to him. I was sued by not one, but two of the Defendants, so I was a Third-Party Defendant and a Counter-Defendant. [EXHIBITS 358 and 359.] Judge Jim Meyer kept flipping through paper and didn’t seem to know who he was or where he was.

9. After a lunch break, Judge Jim Meyer once again did not know who I was or why I was there. He denied me the right to cross-examine a witness, claiming for perhaps the fourth time that I was not a party. He looked lost, dazed, and confused. He clearly was not understanding what was taking place in the courtroom.

10. Judge Jim Meyer denied my motion for temporary relief when he claimed he knew nothing about it and then heard only my first sentence.

11. He ended the hearing by very quickly ruling against MARCIE Schreck and me and in favor of the clients of Susan Briones and Jim Dunnam. He did this when there were witnesses who had been subpoenaed that were still to be called to testify and without listening to the audio recordings he promised to listen to completely before issuing a ruling.

12. After the hearing, attorney Jim Dunnam told MARCIE Schreck and me that Wanda Dutschmann had been served with a subpoena for the hearing and that he made arrangements to block her from appearing. That’s a crime.

13. I suspect Alzheimer’s or Dementia with Judge Jim Meyer. Judge Jim Meyer is either mentally ill or has a substance abuse problem. His actions and inactions in the case were beyond outrageous, but his mental issues were equally outrageous.

14. Rule 8.03 of The Texas Code of Professional Conduct requires that attorneys report him. If they don’t report him, they will have violated the Rules, and I will file a Bar Complaint against them. I emailed all of them on 1/12/2022 asking them to please advise me if they will file a complaint. [EXHIBIT 357.]

15. Rule 8.03. Reporting Professional Misconduct (a) Except as permitted in paragraphs (c) or (d), a lawyer having knowledge that another lawyer has committed a violation of applicable rules of professional conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate disciplinary authority. (b) Except as permitted in paragraphs (c) or (d), a lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority. (c) A lawyer having knowledge or suspecting that another lawyer or judge whose conduct the lawyer is required to report pursuant to paragraphs (a) or (b) of this Rule is impaired by chemical dependency on alcohol or drugs or by mental illness may report that person to an approved peer assistance program rather than to an appropriate disciplinary authority. If a lawyer elects that option, the lawyer’s report to the approved peer assistance program shall disclose any disciplinary violations that the reporting lawyer would otherwise have to disclose to the authorities referred to in paragraphs (a) and (b).

ARGUMENT

1. This hearing was a no-brainer. Unfortunately, Judge Jim Meyer was not fit for the task. He was clearly unfit to be a judge, and he showed extreme bias against MARCIE Schreck and me.

2. MARCIE gave the following testimony and argument in Paragraphs 18 to 104:

3. Wanda Dutschmann (“GREAT-GRANDMA”) was born April 11, 1939. She has five children, 23 grandchildren, and 16 great-grandchildren.

4. From 1981 to 1985, Lydia Dutschmann, my paternal grandmother, was cared for by me in her home. Arlene Standrdidge, GREAT-GRANDMA’s mother, came down with Alzheimer’s, and I took Arlene into my home and cared for her from 1992 to 1995. I currently care for my two special needs adult sons.

5. According to McLennan County records, GREAT-GRANDMA had no power of attorney from April 11, 1939 to purportedly September 8, 2019.

6. On September 8, 2019, a Statutory Durable Power of Attorney was filed in McLennan County claiming to make DOUG Dutschmann (“DOUG”) the attorney-in-fact for GREAT-GRANDMA. [EXHIBIT 1. ] It did not name a co-agent. It states that authority ceases upon notice of termination . It was terminated. Upon information and belief, it was forged, and the notary is fraudulent. According to GREAT-GRANDM A, i t was no t executed by my MOM where she was living at Westview Manor Nursing Home. MICHAEL Dutschmann (“MICHAEL”) and DOUG cla i med she had dementia, so I don’ t believe she could sign , if that was the case .

7. On October 15, 2019, a Statutory Durable Power of Attorney was filed in McLennan County claiming to make Michael Dutschmann the attorney-in-fact for GREAT-GRANDMA. [EXHIBIT 2.] This was done as DOUG had reportedly resigned. It did not name a co-agent. It states that authority ceases upon notice of termination. It was terminated on December 21, 2021. Upon information and belief, it was forged, and the notary is fraudulent. According to GREAT-GRANDMA, it was not executed by my MOM where she was living at Westview Manor Nursing Home. MICHAEL and DOUG claimed she had dementia, so I don’t believe she could sign, if that was the case.

8. Upon information and belief, GREAT-GRANDMA is paying $3,900 per month for the abuse at THE DELANEY AT LAKE WACO. Upon information and belief, MICHAEL and DOUG have been using GREAT-GRANDMA’s inheritance to pay this rather than Medicare, Medicaid, Social Security, or the rental trailer on her property.

9. I have offered to care for GREAT-GRANDMA in my home. I have offered to move her to a better facility.

10. Doug Dutschmann and Michael Dutschmann live in the Waco area and have seized control of GREAT-GRANDMA. In my opinion, this is so they have control of her money and assets. I don’t believe they care about her. They haven’t visited her very often. According to sister KRISSY Matthews, they are using GREAT-GRANDMA’s money to pay for the attorney they have retained to defend themselves in this lawsuit.

11. GREAT-GRANDMA received $100,000 in insurance proceeds from a life insurance policy on her husband, Floyd Dutschmann. DOUG seized the money, and I believe he has spent it for unauthorized purposes.

12. Doug Dutschmann and Michael Dutschmann have seized control of Wanda Dutschmann’s real property by filing Deeds with McLennan County. [EXHIBITS 3, 4, 5, and 6.] The transfer by Floyd Dutschmann and GREAT-GRANDMA was to be temporary. DOUG and MICHAEL have not returned the Deeds to GREAT-GRANDMA’s name. DOUG has been enjoying $500 per month from rental of a trailer on a piece of the property. GREAT-GRANDMA executed a letter on January 21, 2021 expressing one of her wishes on the property. [EXHIBIT 7.] Her other wishes are expressed in her Will [EXHIBIT 11]. She modified this on December 23, 2021. [EXHIBIT 351.]

13. I obtained expensive $6,000 hearing aids for GREAT-GRANDMA, but she was unable to use them. Her ears are severely impacted with wax, and Scott BUSHONG of The Delaney AT LAKE WACO falsely claims they are not. I retained an Audiologist, Josh Guerra of Heritage Mobile Hearing, to go see GREAT-GRANDMA. He reported that GREAT-GRANDMA’s ears were badly impacted. He used a special camera to see deep down in her ear canal. He took ear impressions on October 7, 2021. He reported that the staff of The Delaney did not seem to care and appeared to be abusing GREAT-GRANDMA. He said they were making GREAT-GRANDMA sit in her feces. Josh had to go demand that The Delaney clean her up. I have an audio recording of this report. [EXHIBITS 39 and 40.]

14. Upon information and belief, GREAT-GRANDMA’s hearing was never checked by THE DELANEY AT LAKE WACO or their doctors and nurses. No one ever installed the hearing aids or showed GREAT-GRANDMA how to use them until I hired an audiologist. I instructed THE DELANEY AT LAKE WACO to secure them every night, but upon information and belief, THE DELANEY AT LAKE WACO did not. THE DELANEY will not put the drops in her ears that are needed for her ears to be cleaned out. At least one of the hearing aids is now missing, and I believe it was stolen.

15. GREAT-GRANDMA has been placed in the mental unit at THE DELANEY AT LAKE WACO . Upon information and belief, no doctor has ever done a proper examination for dementia. The Medical Records that we have obtained show no examination or testing. GREAT-GRANDMA does not have dementia. I believe Doug and Michael put her there to limit her interaction with others and hasten her death. If GREAT-GRANDMA dies, they will likely succeed in what I believe is the theft of her REAL PROPERTY.

16. GREAT-GRANDMA has suffered neglect by THE DELANEY AT LAKE WACO. This is detailed in my PETITION, and I will play audio tapes at the Permanent Injunction Hearing.

17. There isn’t even water in GREAT-GRANDMA’s room at THE DELANEY AT LAKE WACO.

18. GREAT-GRANDMA has been denied assistance with personal hygiene at THE DELANEY AT LAKE WACO. She has been allowed to sit in her feces. She has been allowed to go many days at a time without a bath or a change of clothing.

19. GREAT-GRANDMA has been denied medical care.

20. GREAT-GRANDMA is housed in what is called the “Memory Care” unit at THE DELANEY AT LAKE WACO . The website for THE DELANEY AT LAKE WACO claims “ Memory Care ” is for those with Alzheimer ’s disease and other related dementias. GREAT-GRANDMA has never been diagnosed with either. GREAT-GRANDMA is not being treated with medications for dementia. She apparently never has been.

21. GREAT-GRANDMA has been denied a way to communicate with the staff of THE DELANEY AT LAKE WACO for help except by screaming. There is no intercom; there is no cord that can be pulled for help; there is no call button; there is no telephone. There isn’t even a tin can with a waxed string.

22. GREAT-GRANDMA is not safe at THE DELANEY AT LAKE WACO.

23. GREAT-GRANDMA has called me many times crying and discussing problems. I have many audio recordings of this on the Flash Drive and in the DROPBOX. [EXHIBITS 337, 31, 85, 99, 105, 110, 210, 135, 136, 185, 189, 346.]

24. I tender EXHIBITS 337, 31, 85, 99, 105, 110, 210, 135, 136, 185, 189, and 346.

25. I’d like to play 34-seconds of EXHIBIT 337 recorded on January 9, 2022.

[EXHIBIT 337 “Get me out of here. It’s bad. 0:00 to 0:34.”]

26. I tender EXHIBIT 337.

27. GREAT-GRANDMA asked me to become her power of attorney, and she asked my help in preparing a will. GREAT-GRANDMA has never had a will. I came to THE DELANEY AT LAKE WACO on December 18, 2021 to see GREAT-GRANDMA. Her ears are horribly impacted. She had no food or water. She hadn’t had a bowel movement in a long time, and her stomach was hurting badly. Her hearing aids were missing, and she has difficulty hearing.

28. On December 18, 2021, when I visited GREAT-GRANDMA at THE DELANEY AT LAKE WACO, I found GREAT-GRANDMA’s roommate, Barbara H, lying on the floor unconscious in a diaper. [EXHIBIT 204.] I took this photo.

29. I tender EXHIBIT 204.

30. GREAT-GRANDMA told me that she has fallen just like Barbara H multiple times in the bathroom and the room. Other residents were standing around and came in the room and told me this woman falls all the time, and THE DELANEY AT LAKE WACO does nothing. The so-called “aids” just holler at them to get up. It was very clear that Barbara H could not get up or help herself. MARLENE MORROW just kept yelling for her to get up! She finally jerked her up and never checked to see if she was injured. GREAT-GRANDMA told me that MARLENE MORROW is THE DELANEY AT LAKE WACO employee who treats her mean regularly.

31. On December 18, 2021, GREAT-GRANDMA executed a Statutory Durable Power of Attorney, a Medical Power of Attorney, and a Will. THE DELANEY AT LAKE WACO refused to provide a notary or witnesses. I arranged a notary and witnesses, but THE DELANEY AT LAKE WACO refused access. [EXHIBITS 9, 10, and 351.] THE DELANEY AT LAKE WACO had no legal right to refuse access. GREAT-GRANDMA had the mental ability to make a rational decision. She had the ability to perceive, appreciate all relevant facts, and to reach a rational judgment upon such facts.

32. On December 18, 2021, when I visited GREAT-GRANDMA for about four hours, she said she did not have diapers. She needed pull-ups. GREAT-GRANDMA called sister KRISSY Matthews to bring her diapers. KRISSY Matthews never called back. I called sister KRISSY about this, and she never called back.

33. On December 19, 2021 and December 20, 2021, I visited GREAT-GRANDMA.

34. On December 21, 2021, ALYSSA CLARIDY and SCOTT BUSHONG of THE DELANEY AT LAKE WACO refused to wheel GREAT-GRANDMA to the front door where two witnesses and a notary were arranged to do their jobs. Scott BUSHONG refused to transport GREAT-GRANDMA to the front door or front porch. The people who had been hired were sent home.

35. On December 21, 2021, SANDRA ROBINSON, SCOTT BUSHONG, and ALYSSA CLARIDY claimed THE DELANEY was being locked down due to COVID. This was a lie.

36. I have a legal obligation to remove GREAT-GRANDMA from a dangerous environment. My PETITION details my efforts. Rather than save my mother, the police threatened me and GREAT-GRANDMA’s 79-year-old friend with arrest.

37. On December 21, 2021, I was finally allowed to see GREAT-GRANDMA again out in the courtyard. GREAT-GRANDMA executed a Withdrawal of Power of Attorney that withdrew all rights to Michael Dutschmann or DOUG Dutschmann. [EXHIBIT 12.]

38. I tender EXHIBIT 12.

39. GREAT-GRANDMA was VERY clear in what she was doing. I gave a copy of the termination to THE DELANEY AT LAKE WACO and notified MICHAEL Dutschmann and the WACO POLICE DEPARTMENT.

40. On December 21, 2021, I went to the McClennan County Clerk’s Office to file the Statutory Durable Power of Attorney, but I was denied as it has not yet been notarized.

41. On December 22, 2021, I gave GREAT-GRANDMA’s Withdrawal of Power of Attorney for Michael Dutschmann to THE DELANEY AT LAKE WACO. [EXHIBIT 12.] THE DELANEY AT LAKE WACO refused to recognize its validity. Texas Statute Chapter 752 does not require notarization of a withdrawal. [EXHIBIT 13.] Page 1 of the 2019 Statutory Durable Power of Attorney states: “Unless you specify otherwise…the attorney-in-fact’s authority will continue until (1) you die or revoke the power of attorney.” Pages 4 and 5 of the 2019 Statutory Durable Power of Attorney state:

“Termination of Agent ’s Authority

“You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. An event that terminates this power of attorney or your authority to act under this power of attorney includes:

“(2) the principal’s revocation of this power of attorney or your authority;”

42. On December 22, 2021, I notified Michael Dutschmann in person that his power-of-attorney had been terminated by GREAT-GRANDMA. William Windsor, notified Michael Dutschmann by telephone that his power-of-attorney had been terminated by GREAT-GRANDMA.

43. On December 22, 2021, I coordinated a notary, two paid witnesses, grandson Hunter Tyler Schreck, and old friend Betty Elliott to meet me at THE DELANEY AT LAKE WACO for the signing, witnessing, and notary work. ALYSSA ClaRIdy of THE DELANEY AT LAKE WACO told me they were bringing GREAT-GRANDMA down. They never did.

44. On December 23, 2021, Paula SMITH of The Delaney AT LAKE WACO claimed GREAT-GRANDMA has Dementia, and they will not honor her Medical Power of Attorney. This is on a tape recording. [EXHIBIT 56.] If she had dementia, she had dementia whenever she purportedly signed any power of attorney, so they should not honor anything. The employees of THE DELANEY AT LAKE WACO have blatantly conspired with MICHAEL Dutschmann, DOUG Dutschmann, KRISSY Matthews, and JILL Perryman.

45. I was prepared to call 911 for the police and an ambulance, but I held off because ClaRIdy told me GREAT-GRANDMA was on the way down. This was all a fraud to buy time for THE DELANEY AT LAKE WACO to call 911 before I did. That gave THE DELANEY AT LAKE WACO control of the police. KRISSY Matthews arrived and told anyone who would listen that I am psychotic. KRISSY Matthews is not a doctor, but she has had several stays in mental hospitals. Sister JILL Perryman had also spent time in a mental hospital. I have a one-hour-and-thirty-minute recording f rom the time of my arrival at THE DELANEY AT LAKE WACO until I departed.

46. On 12/23/2021, THE DELANEY AT LAKE WACO called 911 and charged senior citizens me (age 62) and 79-year-old Betty Elliott with criminal trespassing as we waited for GREAT-GRANDMA to be brought down. Detective Clark and Officer Green of the Waco Police Department told Betty Elliott and me that we were being issued a Criminal Trespass. We refused to surrender our licenses as we were being unlawfully seized and detained.

47. Detective Clark claimed GREAT-GRANDMA said she was fine. GREAT-GRANDMA did later acknowledge to me that she was frightened by police everywhere and did not know why they were asking. She said she was fine, meaning no one had tried to assault her or kill her. GREAT-GRANDMA was not asked specific questions.

48. December 22, 2021, Detective Clark claimed a medical person examined GREAT-GRANDMA and said she was fine. GREAT-GRANDMA reports she was never examined. Detective Clark admitted that GREAT-GRANDMA’s inability to have a bowel movement was not addressed. Detective Clark admitted that her ears were not examined. I have an audio recording of this. [EXHIBIT 53.] I later learned that the ambulance was with American Medical Response. AMR never spoke with me or anyone with the group I had assembled.

49. On December 23, 2021, Detective Clark and Officer Green of the Waco Police Department said this was a civil matter, not a criminal matter, but threatened BETTY Elliott and me with criminal charges for disturbing the peace if we didn’t leave. BETTY Elliott and I left after being harassed, threatened, and denied access to GREAT-GRANDMA. It actually is a criminal matter. Many crimes have been committed. MICHAEL Dutschmann told the officers: “do not take her to the hospital.” [EXHIBIT 53.]

50. According to the Records Department for the Amarillo Police Department, there was no report filed.

51. Texas Penal Code Section 42.01 is the law regarding disorderly conduct. There is no such thing as a crime of disturbing the peace.

52. Neither BETTY Elliott nor I did any such thing, and we have five witnesses as well as audio recordings. [EXHIBIT 53.]

53. Detective Clark and Officer Green committed several violations of the law , and they kept GREAT-GRANDMA at risk.

54. On 12/23/2021 at 2:46 p.m., KRISSY Matthews sent a text message to my husband claiming I was causing a huge disturbance. [EXHIBIT 14.] She said I will be arrested if I came to THE DELANEY AT LAKE WACO again. KRISSY Matthews claimed MICHAEL Dutschmann has power of attorney, which he does not. KRISSY Matthews said “me, Jill, Michael, and Doug have all written letters saying we don’t want MARCIE to come on the premises of THE DELANEY AT LAKE WACO because of her causing a huge disturbance, upsetting mama and causing her stress and falsely accusing Delaney of abusing mama.” I don’t know about the letters, but the rest is all false. I have tape recordings and witnesses to prove it. KRISSY Matthews claims MICHAEL Dutschmann is filing a restraining order against me. That hasn’t been done, but brother DOUG Dutschmann has sued Mr. Windsor and me for contacting my mother. He sued us as WANDA DUTSCHMANN.

55. I tender EXHIBIT 14.

56. Since December 23, 2021, THE DELANEY has hung up on me attempting to speak to GREAT-GRANDMA, or they intercept my calls and let them ring forever.

57. On December 23, 2021 at approximately 4:40 p.m., a complaint was made in person to the Waco Police Department by me for elder abuse and a request for an ambulance to go to THE DELANEY AT LAKE WACO to take GREAT-GRANDMA to the hospital. Officer Law spoke by telephone with GREAT-GRANDMA who told him she needed to go to the hospital and did not want to stay at The Delaney. [EXHIBIT 57 .] Officer Law left the room to speak with his sergeant. He said that since AMR Ambulance did not find anything wrong, the police would do nothing. GREAT-GRANDMA said she never saw an ambulance person and was never examined. Officer Law violated GREAT-GRANDMA’s rights and failed to protect her.

58. I tender EXHIBIT 57.

59. On December 24, 2021, I returned to Amarillo as I could not reach anyone on the holiday weekend to help save GREAT-GRANDMA.

60. On December 24, 2021 just after noon, I faxed a letter to GREAT-GRANDMA at 254-870-9819. [EXHIBIT 16.] The Fax Transmission was successful. I spoke to GREAT-GRANDMA at about 4 p.m., and she had not been given the faxed letter. She has never been given the letters we have faxed to her.

61. On December 26, 2021, GREAT-GRANDMA called me three times. She called on her own; she wanted to know what was going on; and would I still help her. She had not received the faxed letter. None of the family had been to see her. She asked me to take her to the Scott & White Hospital. She reported that her bowels had not been cleaned out, and nothing had been done to her ears. She reported that she doesn’t have her hearing aids. [EXHIBITS 84, 85.]

62. On December 25, 2021 and December 26, 2021, I called THE DELANEY AT LAKE WACO several times attempting to reach GREAT-GRANDMA. Alma hung up on me and then my calls rang forever without an answer. This continued on December 26, 2021 and December 27, 2021. [EXHIBITS 80, 81, 82.]

63. On December 27, 2021, GREAT-GRANDMA called me at least two times. She called on her own. She reported that her bowels had not been cleaned out, and nothing had been done to her ears. She reported that she doesn’t have her hearing aids. [EXHIBITS 99, 100.]

64. On December 28, 2021, GREAT-GRANDMA called me at least seven times. She called on her own. She reported that her bowels had not been cleaned out, and nothing had been done to her ears. She reported that she doesn’t have her hearing aids. [EXHIBITS 105, 104, 106, 108.]

65. On December 29, 2021, GREAT-GRANDMA called me at least five times. She called on her own. She reported that her bowels had not been cleaned out, and nothing had been done to her ears. She reported that she doesn’t have her hearing aids. [EXHIBITS 109, 110, 111.]

66. On December 30, 2021, GREAT-GRANDMA called me at least once.

67. On December 31, 2021, GREAT-GRANDMA called me at least five times. She called on her own. She reported that her bowels had not been cleaned out, and nothing had been done to her ears. She reported that she doesn’t have her hearing aids. [EXHIBITS 125, 126.]

68. On January 1, 2022, GREAT-GRANDMA called me at least once.

69. On January 2, 2022, WINDSOR played a recording for the voice mail of LCS, attorney Susan Briones, Jill Perryman, Krissy Matthews, Joel Nelson, CEO of LCC, Bridgette Uhlemann, in-house counsel for LCC and registered agent for LCS Waco Operations, Scott Bushong, and Barbara Weir,

70. On January 2, 2022 at approximately 4:50 p.m., WINDSOR called American Medical Response, the ambulance service for the City of Waco. He reached KayKay. She dispatched an ambulance to The Delaney AT LAKE WACO. She said she would call the police to send someone out for a welfare check on Wanda Dutschmann. Kay-Kay reported that the ambulance was there, but there was a delay. WINDSOR told me he was pretty sure he knew what that meant – liars from The Delaney AT LAKE WACO denying GREAT-GRANDMA her medical right to go to the hospital.

71. GREAT-GRANDMA called Marcie Schreck and WINDSOR a little later on January 2, 2022 to say: “…the police came, but they didn’t save me.” “They had the the the thing that you lay down on, whatever you call it, but they took it with them.” GREAT-GRANDMA felt like she was inches from freedom. But she was heartbroken when she reported that someone from The Delaney AT LAKE WACO spoke to the ambulance people and the officers, and they took the stretcher but left her behind. The first 2:11 of EXHIBIT 210 in the dropbox tells the important part of the story.

72. On January 2, 2022 at 9:43 pm., WINDSOR sent an email to Defendants. [EXHIBIT 225.] He attached the audio recording of GREAT-GRANDMA saying Dr. David Fedro had not examined her. GREAT-GRANDMA says she was never seen by Dr. David Fedro or any doctor. [EXHIBIT 133.] Upon information and belief, someone impersonated Dr. David Fedro to the police. If it wasn’t for this impersonator, GREAT-GRANDMA would have made it to the hospital, and her documents would have been witnessed and notarized there. WINDSOR told me he reported criminal complaints against The Delaney AT LAKE WACO. He told me a demand was made on Michael Dutschmann or financial information.

73. On January 2, 2022 at 11:20 pm., WINDSOR sent an email to Defendants. He attached the audio recording of Sergeant Aaron Mitzel of the Waco Police Department saying he spoke with Defendant Dr. David Fedro who told him he evaluated Wanda Dutschmann that day and there was no reason to go to the ER. [EXHIBIT 224.] GREAT-GRANDMA says she was never seen by Dr. David Fedro or any doctor. [EXHIBIT 133.] Upon information and belief, someone impersonated Dr. David Fedro to the police. If it wasn’t for this impersonator, GREAT-GRANDMA would have made it to the hospital, and her documents would have been witnessed and notarized there.

74. On January 2, 2022, GREAT-GRANDMA called me at least 13 times.

75. On the evening of January 3, 2022, GREAT-GRANDMA called to report that her mail had been “intercepted.” GREAT-GRANDMA wheeled herself to an area where there can sometimes be snacks. She was expecting mail from me, so when she saw several envelopes addressed to residents laying on the counter, she looked at the addresses to see if any were for her. Hidden under the stack, she found an envelope without a stamp on it that was addressed to her.

76. On January 3, 2022, GREAT-GRANDMA called me at least two times.

77. On January 3, 2022, WINDSOR told me he called Scott Bushong and left this demand from Marcie Schreck for him.

78. On January 3, 2022, I sent an email to Defendants demanding return of her stolen FedEx shipment. [EXHIBIT 230.]

79. On January 4, 2022, I sent an email to Defendants saying: “My Federal Express shipment to my mother, Wanda Dutschmann, was taken by someone with The Delaney AT LAKE WACO. I demand it be immediately returned by delivering it to my mother and calling me on the phone so I can speak with her while one of the Delaney Defendants is present. Mom will sign the letter to The Delaney AT LAKE WACO and hand it to the Delaney Defendant. She will also sign the letter to Michael Dutschmann, and The Delaney must have it delivered to him personally before the hearing on Wednesday.” M. Margaret signed for it on December 31, 2021. One or more people opened GREAT-GRANDMA’s package, hid a letter to her, and took two stamped letters that were in her FedEx envelope. This is conversion as well as theft. [EXHIBIT 231.]

80. On January 4, 2022, WINDSOR informed me he sent an email to Defendants about the burglary at The Delaney AT LAKE WACO and the many crimes he believes have been in this case. [EXHIBIT 229.]

81. On January 4, 2022, GREAT-GRANDMA called me at least once.

82. On January 8, 2022, GREAT-GRANDMA called me at least five times.

83. On January 9, 2022, GREAT-GRANDMA called me at least once.

84. I have not yet been able to calculate how many other times she called.

85. I don’t believe Michael Dutschmann’s or DOUG Dutschmann’s Statutory Durable Powers of Attorney were ever valid. I believe the signatures are forged and the notary is falsified. GREAT-GRANDMA reports she never signed any such document before a notary.

86. Furthermore, GREAT-GRANDMA revoked the Medical Power of Attorney, as the statute allows. The Texas Health and Safety Code provides that treatment may not be withheld if GREAT-GRANDMA objects. She has repeatedly objected to being denied examination by a doctor at a hospital. I believe The Delaney AT LAKE WACO has violated Texas Health and Safety Code Section 166.152. I believe the signature was forged. The Medical Power of Attorney requires two signatures, and the signature of a family member is not allowed. There was only one purported witness, son DOUG Dutschmann, so the Medical Power of Attorney was never valid. And, there is no certification to activate it as the statute requires.

87. Calls, emails, and faxes to all the DEFENDANTS have been ignored.

88. I provided notice to the DEFENDANTS prior to the filing of the request for a Temporary Injunction. They were told I would be seeking a Temporary Injunction.

1. GREAT-GRANDMA is without a will, power of attorney, or medical power of attorney, and this will cause probable, imminent, and irreparable injury. GREAT-GRANDMA needs to go to the hospital, and she needs her assets to be protected.~~INTRODUCTION~~

89.

I respectfully request that the Court issue an order:

1. granting a Temporary Injunction to direct The Delaney at Lake Waco, LCS Waco Operations LLC, Life Care Companies LLC, Joel D. Nelson, Scott Bushong, Paula Smith, Alyssa Claridy, Michael Dutschmann, Doug Dutschmann, and all DEFENDANTS to cease interfering with my access to Wanda Dutschmann;

2. granting a Temporary Injunction to declare that Wanda Dutschmann’s Powers of Attorney were revoked in writing on December 21, 2021, and thereafter in writing and orally;

3. granting a Temporary Injunction to declare that Texas Health and Safety Code Chapter 166.155 means the Medical Power of Attorney of Wanda Dutschmann was revoked;

4. directing that a notary and witnesses shall be allowed to come to THE DELANEY or the hospital to witness Wanda Dutschmann’s execution of her legal documents;

5. requiring MICHAEL and DOUG Dutschmann to immediately provide full financial records relating to Wanda Dutschmann to me;

90. That ended MARCIE’s testimony, though there was cross-examination. MARCIE Schreck has ordered the Hearing Transcript, which SHOULD report what happened.

91. I, William Windsor, was ultimately given the opportunity to testify and argue, though Judge Jim Meyer didn’t seem to comprehend why. My testimony and argument detail why the facts and the law mandated that an honest and mentally fit judge had no option but to grant the relief MARCIE Schreck and I requested. Paragraphs 107 to 152 are what I had to say:

92. I’m not quite sure what my designation is, but Third-Party Defendant is one, Counter-Defendant appears to be another, and now I guess I’m a Third–Party Plaintiff. I filed ~~hereby files~~ this Motion for Rehearing because I was excluded from the January 5, 2022 hearing.

93. Wanda Dutschmann (“GREAT-GRANDMA”), is a senior. 82-years-old.

94. GREAT-GRANDMA is being held captive in The D elaney at Lake Waco, and The Delaney at Lake Waco is committing a wide variety of wrongs in denying GREAT-GRANDMA’s rights. GREAT-GRANDMA has no will, no power of attorney, and no medical power of attorney. MARCIE Schreck and I have been trying to fix that. The Delaney at Lake Waco , Michael Dutschmann, D oug Dutschmann, Jill Perryman, and Krissy Matthews have conspired to block GREAT-GRANDMA’s efforts to have her Statutory Durable Power of Attorney, Medical Power of Attorney, and Last Will and Testament notarized and/or witnessed.

95. I have read the Transcript of the January 5, 2022 hearing, and I am very disturbed by what I read [EXHIBIT 239 in DROPBOX.] It seemed to me that you (Judge Jim Meyer) were biased against MARCIE Schreck because she is pro se. You suggested she get an attorney. She can’t afford an attorney. I know this to be a fact as I have reviewed the Statement of Inability to Pay which is Docket #1 in this case. That’s why approximately 50% of the parties in courtrooms today are pro se. MARCIE Schreck was denied the opportunity to present her case, and then you ruled against her with no explanation.
1. MARCIE Schreck and I are here today to ask for three things:

(1) Temporary Injunction to declare that WANDA DUTSCHMANN’s Powers of Attorney were revoked in writing on 12/21/2021, and thereafter in writing and orally. [EXHIBIT 12.] The Flash Drive and dropbox contain dozens of notices of the withdrawal.

(2) Temporary Injunction to declare that Texas Health and Safety Code Chapter 166.155 means the Medical Power of Attorney was revoked. [EXHIBIT 29.]

(3) Temporary Injunction to stop The Delaney at LAKE WACO and the other Defendants from blocking access to the notary and witnesses needed to witness WANDA DUTSCHMANN signing her new will, power of attorney, and medical power of attorney. MARCIE Schreck is an heir in her will, as are all of her children, and MARCIE is named as her Medical Power of Attorney and Statutory Durable Power of Attorney. I’m also named as her attorney-in-fact on legal matters in her Statutory Durable Power of Attorney.

2. The DEFENDANTS have denied and blocked these. They have no such legal right.

3. Your honor, WANDA DUTSCHMANN recorded a message to you on January 8, 2022. [EXHIBIT 235.] [Judge Jim Meyer asked that recordings he should listen to before making a ruling should be identified for him as ZOOM made it hard for him to hear.]

4. As to the first request for relief today, it is to have you declare that WANDA DUTSCHMANN’S powers of attorney were revoked.

5. Texas Statute Chapter 752 is the law for Statutory Durable Powers of Attorney. This statute does not require notarization of a withdrawal. [EXHIBIT 13 is the statute.] EXHIBIT 1 is the purported Statutory Durable Power of Attorney in DOUG Dutschmann’s name. EXHIBIT 2 is the purported Statutory Durable Power of Attorney in Michael Dutschmann’s name. Page 1 of the 2019 Statutory Durable Power of Attorney states: “Unless you specify otherwise…the attorney-in-fact’s authority will continue until (1) you die or revoke the power of attorney.” Pages 4 and 5 of the 2019 Statutory Durable Power of Attorney state:

“Termination of Agent’s Authority

6. WANDA DUTSCHMANN has revoked that purported Statutory Durable Power of Attorney, has recorded messages confirming she revoked it, and on December 22, 2021, MARCIE Schreck notified Michael Dutschmann in person that his purported power-of-attorney had been terminated by WANDA DUTSCHMANN. The revocation is EXHIBIT 12 to MARCIE’s Complaint and her First Amended Complaint. It is on the Flash Drive. I notified Michael Dutschmann by telephone that his purported power-of-attorney had been terminated by WANDA DUTSCHMANN. Since then, dozens of notices have been sent to the DEFENDANTS because they continue to violate the law. [DOUG Dutschmann testified that he had received notice of the revocation.]

7. EXHIBITS 31, 185, and 189 are among a number of recordings by GREAT-GRANDMA revoking her powers of attorney to Michael Dutschmann and Doug Dutschmann . [Judge Jim Meyer said he would listen to them before rendering a decision. He failed to do his duty as a judge.]

8. As to revocation of the purported Medical Power of Attorney, Texas Health and Safety Code Sec. 166.155 makes it crystal clear that it, too, has been revoked. It reads: “REVOCATION; (a) A medical power of attorney is revoked by: (1) oral or written notification at any time by the principal to the agent or a licensed or certified health or residential care provider or by any other act evidencing a specific intent to revoke the power, without regard to whether the principal is competent or the principal ’s mental state ; or “ (b) A principal’ s licensed or certified health or residential care provider who is informed of or provided with a revocation of a medical power of attorney shall immediately record the revocation in the principal ’s medical record and give notice of the revocation to the agent and any known health and residential care providers currently responsible for the principal’s care. EXHIBITS 343 and 348 show that THE DELANEY AT LAKE WACO violated this important law. [emphasis added.]

9. The Medical Power of Attorney says: “I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney . [emphasis added.]

10. The Medical Power of Attorney says: “Your agent is obligated to follow your instructions when making decisions on your behalf.”

11. The Medical Power of Attorney says: “Once you have signed this document, you have the right to make health care decisions for yourself as long as you are able to make those decisions, and treatment cannot be given to you or stopped over your objection. You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing or by your execution of a subsequent medical power of attorney.

12. In addition, I believe the medical power of attorney is a fraud. [A Texas Medical Power of Attorney requires two witnesses, and one may not be a relative. There was only one witness, not two, and it was DOUG Dutschmann, which is not allowed.]

13. Further to the Medical Power of Attorney, we had been unable to obtain any evidence that it was ever activated. There is no certification in writing that GREAT-GRANDMA is unable to make her own healthcare decisions. The Medical Records reflect no such certification, and this is a requirement under Texas Health and Safety Code Chapter 166: “Your agent’s authority is effective when your doctor certifies that you lack the competence to make health care decisions.” [EXHIBIT 332, Page 3.] [Records produced prior to and at the hearing prove there is no certification.]

14. I tendered EXHIBIT 332.

15. Your Honor, all this has been done repeatedly and ignored by every DEFENDANT.

16. I tendered EXHIBITS 343 and 348.

17. As to the third request for injunctive relief, Marcie seeks a Temporary Injunction to stop The Delaney at Lake Waco and the other Defendants from blocking access to the notary and witnesses needed to witness WANDA DUTSCHMANN signing her first ever will, power of attorney, and medical power of attorney.

18. The Defendants have committed unspeakable wrongdoing in blocking access and denying a helpless person of what she desperately seeks. The Flash Drive and DROPBOX contain massive proof of this. They won’t stop unless this Court requires them.

19. EXHIBIT 56 is one audio recording of denial of access and a threat.

20. I tendered EXHIBIT 56.

21. Michael Dutschmann doesn’t even want to be the power of attorney; he says this in the audio recording in EXHIBIT 71. EXHIBIT 70 features Michael Dutschmann hanging up on WANDA DUTSCHMANN when she tried to speak with him.

22. EXHIBIT 99 is an Audio Recording of WANDA DUTSCHMANN when she called Marcie Schreck saying she needed to get to hospital, bad, can’ t hang on much longer, sick, couldn’ t eat .

23. EXHIBIT 137 is a January 2, 2022 Audio Recording of Waco Police Sergeant Aaron Mitzel calling Marcie Schreck to report that Dr . David Fedro said he saw WANDA DUTSCHMANN and there were no problems.

24. EXHIBIT 133 is a 1/2/2022 Audio-Recording-of- WANDA DUTSCHMANN calling Marcie to report that Dr David Fedro has not examined her; no doctor has. [Records produced prior to the hearing prove he had not examined her.]

25. I tendered EXHIBIT 133

26. EXHIBITS 343 and 348 are purported to be the medical records of WANDA DUTSCHMANN produced by Dr. David Fedro and THE DELANEY AT LAKE WACO.

27. I tendered EXHIBITS 343 and 348

28. Your honor, I could present evidence for weeks. The DEFENDANTS have violated the law repeatedly, have tortiously interfered with MARCIE’s rights and my rights.

29. The DEFENDANTS have harmed GREAT-GRANDMA through neglect. EXHIBITS 343 and 348 show that GREAT-GRANDMA has never been seen by a doctor with the credentials necessary to diagnose dementia or Alzheimer’s. The records show she has never received medications used to treat Alzheimer’s or Dementia. EXHIBITS 258 and 259 are Mayo Clinic reports that explain the diagnosis process and identify the medications. The records show she has never had her hearing checked. The records show GREAT-GRANDMA has been suffering with constipation the entire time she has been at THE DELANEY AT LAKE WACO.

30. I tendered EXHIBITS 258 and 259.

31. EXHIBIT 286 is the medical records from Westview Manor nursing Home on January 27, 2015. It purportedly diagnosed GREAT-GRANDMA with Alzheimer’s at the time she was admitted. No doctor. No tests. No medication. Outrageous. Upon information and belief, daughter KRISSY Matthews gave the diagnosis to a secretary. [MARCIE believes it was DOUG’s ex-wife, Sheila.]

32. I tendered EXHIBIT 286.

33. In order to obtain a temporary injunction, a party must prove a cause of action, a probable right to the relief sought, and a probable, imminent, and irreparable injury in the interim. MARCIE Schreck has met these requirements. She has a substantial likelihood of success on the merits. WANDA DUTSCHMANN is without a will, power of attorney, or medical power of attorney, and this will certainly cause probable, imminent, and irreparable injury to her. And to MARCIE Schreck, as the loving daughter denied the contractual relationship that her MOM requested. WANDA DUTSCHMANN needs to go to the hospital and see a real doctor, not a chiropractor, and she needs her assets and her life to be protected. She could die at any moment. That would irreparably harm MARCIE Schreck.

34. The defendants have interfered with the prospective contracts between WANDA DUTSCHMANN and MARCIE Schreck and me. The DEFENDANTS have interfered with the STATUTORY DURABLE POWER OF ATTORNEY, MEDICAL POWER OF ATTORNEY, and last will and testament.

35. There is an absolute probability that MARCIE Schreck and I would have entered into a contractual relationship because WANDA DUTSCHMANN has already signed the STATUTORY DURABLE POWER OF ATTORNEY, MEDICAL POWER OF ATTORNEY, and last will and testameNt. [EXHIBITS 9, 10, 11 , 251 .]

36. I tendered EXHIBITS 9, 10, 11, and 251.

37. Independently tortious or unlawful acts by the defendants prevented the relationship from occurring. These have been detailed in the STATEMENT OF FACTS in MARCIE’ s First Amended Complaint and on the Flash Drive . DEFENDANTS have taken almost incomprehensible efforts to block MARCIE Schreck from obtaining the signatures of a notary and witnesses on the contracts.

38. The defendants did such acts with a conscious desire to prevent the relationship from occurring or the defendants knew the interference was certain or substantially certain to occur as a result of the conduct.

39. MARCIE Schreck suffered actual harm or damages as a result of the defendants’ interference. She has been denied the right to act for her mother and protect her. She has been denied the right to enforce WANDA DUTSCHMANN’s medical choices. She has been denied the benefits granted to MARCIE Schreck and her family in the last will and testameNt. She has been threatened with arrest, which harmed her . And now, Doug Dutschmann has sued MARCIE Schreck and me in the name of WANDA DUTSCHMANN. DOUG Dutschmann had no authority to do that, and WANDA DUTSCHMANN is very upset about that.

40. DEFENDANTS have intentionally and recklessly inflicted mental suffering and emotional distress on MARCIE Schreck. Their conduct has been outrageous. Their conduct has caused and continues to cause emotional distress to MARCIE Schreck. The emotional distress has been and is severe. They are calling and trying to stir up trouble with her children and with her husband. It makes her sick at her stomach that they have done so much to hurt her. When the jury hears the whole story, they will certainly say “This is outrageous .”

41. Your Honor, please grant the Temporary Restraining Order.

(4) Temporary Injunction to declare that WANDA DUTSCHMANN’s Powers of Attorney were revoked in writing on 12/21/2021, and thereafter in writing and orally. [EXHIBIT 12.] The Flash Drive and dropbox contain dozens of notices of the withdrawal.

(5) Temporary Injunction to declare that Texas Health and Safety Code Chapter 166.155 means the Medical Power of Attorney was revoked.

(6) Temporary Injunction to stop The Delaney and the other Defendants from blocking access to the notary and witnesses needed to witness MARCIE’s mother signing her new will, power of attorney, and medical power of attorney. MARCIE is an heir in her will, as are all of her children, and MARCIE is named as her Medical Power of Attorney, and Statutory Durable Power of Attorney. I am also named as her attorney-in-fact on legal matters in her Statutory Durable Power of Attorney.

42. I indicated that I called Wanda Dutschmann as a witness and would also call Doug Dutschmann, Michael Dutschmann, Scott Bushong, and Aaron Mitzel. Judge Jim Meyer ignored my right to examine these subpoenaed witnesses.

43. Texas Penal Code 36.05 is Tampering with a Witness. Jim Dunnam is guilty of this crime as is Susan Briones and her clients:

“(a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding: (2) to withhold any testimony, information, document, or thing; (4) to absent himself from an official proceeding to which he has been legally summoned.”

44. In his testimony, DOUG Dutschmann said I had committed forgery. This is a crime. DOUG Dutschmann lied repeatedly under oath, and we have proof. He committed Aggravated Perjury.

45. There was other noteworthy testimony and evidence at the Hearing.

46. I will add these charges to the information I am preparing at the request of the McLennan County Criminal District Attorney’s Office.

47. I have filed a Request for Finding of Fact and Conclusions of Law. Unfortunately, Judge Jim Meyer may not remember anything.

48. GREAT-GRANDMA called MARCIE Schreck yesterday afternoon. MARCIE told her that she couldn’t see her again or talk to her. GREAT-GRANDMA sobbed and sobbed. MARCIE bawled. In a subsequent call from GREAT-GRANDMA, I assured her we would never stop trying to help her.

49. I told GREAT-GRANDMA we shouldn’t be speaking with her because I didn’t want to be violating an order. But then I remembered that Susan Briones had a blank in her proposed order for a Bond amount. A quick Google, and Texas Rules of Civil Procedure Rule 684 appeared. I emailed Susan Briones and Jim Dunnam to say it looks like the temporary relief is not in place. [EXHIBIT 361.] They have not responded.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, William Windsor respectfully requests that the oral pronouncements of Judge Jim Meyer in the Hearing of January 12, 2022 be reconsidered, preferably by a judge who is fit to be a judge; and for such further relief as the fit judge finds appropriate.

Submitted this 13th day of January, 2022,

/s/ William M. Windsor_____________
William M. Windsor, Proudly Pro Se
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
Pro-Se-1@outlook.com
windsorinmontana@yahoo.com

DECLARATION
My name is William M. Windsor. My date of birth is October 2, 1948. My address is 100 East Oak Terrace Drive, Unit B3, Leesburg, Florida 34748, Lake County, USA.
I declare under penalty of perjury that the foregoing is true and correct based upon my personal knowledge.
Executed in Lake County, State of Florida, on the 13th day of January, 2022,
/s/ William M. Windsor_____________
William M. Windsor, Proudly Pro Se
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
Pro-Se-1@outlook.com
windsorinmontana@yahoo.com

CERTIFICATE OF SERVICE
I hereby certify that I have served the foregoing as follows:

The Delaney at Lake Waco, LCS Waco Operations LLC, Life Care Companies LLC, Joel Nelson, Scott Bushong, Paula Smith, Alyssa Claridy, Marlene Morrison, Alma Morrow, Connie Moore, Sandra Robinson, M. Margaret:
LEWIS, BRISBOIS, BISGAARD & SMITH, LLP
2100 Ross Avenue, Suite 2000, Dallas, Texas 75201
214-722-7100 – Fax: 214-722-7111
Susan E. Briones State Bar No. 24040523 Susan.Briones@lewisbrisbois.com
Nichol L. Bunn State Bar No. 00790394 Nichol.Bunn@LewisBrisbois.com

Dr. David Fedro:
Fee, Smith, Sharp & Vitullo, LLP
Three Galleria Tower
13155 Noel Road, Suite 1000, Dallas, Texas 75240
972-980-3262 – Fax: 972-934-9200
Craig H. Myers cmyers@feesmith.com

Barbara D. Weir:
SPROTT NEWSOM QUATTLEBAUM & MESSENGER, PC
MICHELE QUATTLEBAUM
State Bar No. 16423400
2211 Norfolk St., Suite 1150, Houston, Texas 77098
713-523-8338 – 713-523-9422
Quattlebaum@sprottnewsom.com

Doug Dutschmann, Michael Dutschmann, Krissy Matthews:
DUNNAM & DUNNAM LLP
4125 West Waco Drive, Waco, Texas 76714-8418
254-753-6437 Fax: 254-753-7434
JIM DUNNAM State Bar No. 06258010
MASON VANCE DUNNAM State Bar No. 24108079
jimdunnam@dunnamlaw.com, masondunnam@dunnamlaw.com

Kerri Jill Perryman:
c/o Doug Dutschmann, Hatada Ranch, 150 FM-854, Valley Mills, TX 76689, 254-644-3283
jill.buildmyhome@gmail.com

City of Waco, Waco Police Department, Detective John Clark, Officer Tyler Green, Officer Paul Law:
HALEY & OLSON, P.C.
100 N. Ritchie Road, Suite 200
Waco, Texas 76712
(254) 776-3336 — Telecopier: (254) 776-6823
BRANDON R. OATES, State Bar No. 24032921, boates@haleyolson.com
DAVID SHAW, State Bar No. 24084641, dshaw@haleyolson.com

American Medical Response:
6800 Woodway Drive, Woodway, Texas 76712, 833-267-9226, Fax: 833-922-3292
AMRRecruitingQuestions@amr.net

Marcie Schreck:
6302 Oakcrest Lane
Amarillo, Texas 79109
254-651-7078
StarSchreck7@outlook.com

William Michael Windsor:
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
Pro-Se-1@outlook.com

This 13th day of January, 2022,
/s/ William M. Windsor_____________
William M. Windsor, Proudly Pro Se
100 East Oak Terrace Drive, Unit B3
Leesburg, Florida 34748
Pro-Se-1@outlook.com

Bill Windsor graduated from Monterey High School and Texas Tech University in Lubbock, Texas — not too far from Waco, Texas. This gives him a special interest in exposing the scum in the area of the country he has loved so much.

windsor bill 1979 closeup of bill tan 1979 200w

Bill Windsor

I, William M. Windsor, am not an attorney. This website expresses my OPINIONS. The comments of visitors or guest authors to the website are their opinions and do not, therefore, reflect my opinions. Anyone mentioned by name in any article is welcome to file a response. This website does not provide legal advice. I do not give legal advice. I do not practice law. This website is to expose government corruption, law enforcement corruption, political corruption, and judicial corruption. Whatever this website says about the law is presented in the context of how I or others perceive the applicability of the law to a set of circumstances if I (or some other author) was in the circumstances under the conditions discussed. Despite my concerns about lawyers in general, I suggest that anyone with legal questions consult an attorney for an answer, particularly after reading anything on this website. The law is a gray area at best. Please read our Legal Notice and Terms.

http://www.LawlessAmerica.com

windsorinmontana@yahoo.com

https://www.youtube.com/c/lawlessamericamovie

https://www.facebook.com/billwindsor1/

#LawlessAmerica
#WilliamMWindsor
#BillWindsor
#scumbags
#TheDelaneyAtLakeWaco
#LifeCareServices

William Windsor sues The Delaney at Lake Waco Nursing Home – Managed by Life Care Services

windsor bill 2014 09 05 navy shirt cropped 200w

A lawsuit has been filed by William M. Windsor against The Delaney at Lake Waco, a senior living facility in Waco, Texas. Bill Windsor filed the lawsuit after he was sued by The Delaney at Lake Waco in an effort to block his freedom of speech and freedom of the press. Cause Number 2021-3814-5 in McLennan County District Court in Waco, Texas…

Continue reading William Windsor sues The Delaney at Lake Waco Nursing Home – Managed by Life Care Services

The Delaney at Lake Waco Nursing Home is sued for All Types of Wrongdoing to 83-year-old Wanda Dutschmann

A lawsuit has been filed against The Delaney at Lake Waco, a nursing home in Waco, Texas. What The Delaney at Lake Waco has done to Wanda Dutschmann and Marcie Schreck is unthinkable. Here’s the court filing, Cause Number 2021-3814-5 in McLennan County District Court…
Continue reading The Delaney at Lake Waco Nursing Home is sued for All Types of Wrongdoing to 83-year-old Wanda Dutschmann

Judge John Steensland charged with 60 Ethics Violations in Alabama

Retired District Court Judge John Steensland Jr. is set to stand trial after being accused of 60 separate violations of the Alabama Canon of Judicial Ethics by the Judicial Inquiry Commission.

The Judiciary Inquiry Commission has accused Steensland of cursing in court, ridiculing people who appeared before him, and placing a woman in jail even though she had no arrest warrant.

Steensland had sought a delay on grounds that the Judicial Inquiry Commission is reviewing additional complaints against him that could trigger more charges.

The commission opposed a delay because more than 20 witnesses have been subpoenaed for next week’s trial.

Continue reading Judge John Steensland charged with 60 Ethics Violations in Alabama

Judge Brooks Blitch, III indicted on Sweeping Federal Corruption and Conspiracy Charges

Brooks Blitch III, a former judge who was one of Clinch Countyâ€™s most powerful political figures, plead guilty in federal court in Macon, Georgia to a fraud charge, according to court documents.

Blitch stepped down as chief judge of the Alapaha Judicial Circuit in South Georgia in June 2008, a month before he was indicted on sweeping federal corruption and conspiracy charges.

He was accused of fixing cases and authorizing illegal payments to county officials.

At that time, the state Judicial Qualifications Commission had charged Blitch with 12 instances of misconduct.

Continue reading Judge Brooks Blitch, III indicted on Sweeping Federal Corruption and Conspiracy Charges