RES 2008-0003 - Variance from land use element of master plan to allow increase in side of MUD northwest of 192nd and Pacific Sts r
•
CASE: C 10-07-260, C12-07-261 6
APPLICANT: Tuscan Reserve, LLC
REQUEST: Preliminary Plat approval of TUSCAN RESERVE, a subdivision
outside the city limits, with rezoning from AG to DR and MU; and
Approval of a 20% variance to allow 12 acres of mixed-use
LOCATION: Northwest of 192 & Pacific Streets b' i ; 1 '4 "A
SUBJECT AREA IS SHADED - NOVEMBER 2007
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LEGISLATIVE CHAMBER
Omaha,Nebraska January 8 , 2008
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City has received the request for a variance from the Land Use
Element of the Master Plan to allow an increase in the size of a mixed use development to a
maximum 20%, from 10 acres to 12 acres for property located Northwest of 192nd and Pacific
Streets as shown on Exhibit "A" attached hereto and made a part hereof by this reference; and,
WHEREAS, the Land Use Element of the Master Plan of the City of Omaha
allows for variances to allow an increase in the size of a mixed use development to a maximum
20% upon meeting criteria set forth for same; and,
WHEREAS,justification for said variance has been shown to be acceptable; and,
WHEREAS, the City Planning Board held a public hearing on this request
November 7, 2007, and upon hearing testimony recommended approval of said variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the request for a variance from the Land use Element of the Master Plan
to allow an increase in the size of a mixed use development to a maximum 20%, from 10 acres to
12 acres for property located Northwest of 192nd and Pacific Streets as shown on Exhibit "A"
attached hereto and made a part hereof by this reference is hereby approved.
P:\PLN5\9436sap.doc APPROVED AS TO FORM:
a/CITY ATTORNEY DATE
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AFFIDAVIT OF JANICE KUHN
COMES NOW, the Affiant, Janice Kuhn, and states and declares as follows:
1. Affiant and her husband, Bruce Kuhn, own certain real property located at 19330
Pacific Street, Omaha. Tuscan Reserve Development Company, LLC is the applicant on the
matter before the City Council, Case Nos. C10-07-260 and C12-07-261, hereinafter the
"Application" that seeks to develop real property, hereinafter the "Real Property," abutting
Affiant's property. Tuscan Reserve Development Company, LLC is owned by Mr. Brian Troia.
2. Approximately 3 1/2 years ago, Affiant learned about the proposed development of
the real property that is the subject of the afore-referenced Application. Affiant was told by Mrs.
Andi Mehner that her property was to be developed.
3. Affiant's husband and Dan Smith, Affiant's attorney, met with Mark Mehner
regarding the development of the Applicant's real property. Mr'. Mehner told Affiant that he
lived right next door and said that "things could happen...things could get into your well...you
just never know...accidents can happen" if Affiant and her husband opposed Mr. Mehner's
development project.
4. Affiant has had real concern about her and her family's personal safety and
welfare because of the comments that have been made by Mr. Mehner. Mr. Mehner has also
threatened to sue Affiant and her husband, and indeed,has gone so far as to draft a complaint and
purportedly notify Affiant's attorney of his scheduled arrival at the courthouse, if Affiant
continued to frustrate Mr. Mehner's development plan.
5. In the draft complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
•
anice Kuhn, i nt
STATE OF NEBRASKA )
)ss
COUNTY OF DOUGLAS )
The foregoing instrument was sworn and acknowledged before me this ' day of
January, 2008.
GENERP.I.NOTARY-State of Nebraska
CHRISTOPHER D.CURZON
� n My Comm.Exp.Aug.12,2009
Notary Public
•
IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA
THE MEHNER FAMILY TRUST. ) DOC PAGE
)
Plaintiff )
)
v. )
COMPLAINT
BRUCE and JANICE KUHN )
)
Defendants )
)
COMES NOW the Mehner Family Trust ("Plaintiff"), by and through their
attorney-in-fact, Mark A. Mehner ("Mehner") and in and for its' Complaint against
Bruce and Janice Kuhn ("Defendants"), hereinabove and hereafter named, states
and alleges as follows:
INTRODUCTION AND BACKGROUND
This is an action for injunctive relief and damages arising out of
Defendants' willful conduct in trying to wrongfully interfere and disrupt a Contract
(the "Contract") entered into by the Mehner Family Trust ("Trust") and Asian
Development LLC ("Asian") along with other contractual relationships. Together
with now unknown civil conspirators, Defendants' misconduct is causing the
Trust to incur thousands of dollars in losses.
PARTIES AND JURISDICTION
1. Plaintiff Trust is a doing business in the State of Nebraska.
2. Defendants Bruce and Janice Kuhn are individuals residing in
Douglas County Nebraska.
•
Af is aviC
E;} zibi£ "A"
ause of the comments that have been made by Mr. Mehner. Mr. Mehner has also
threatened to sue Affiant and her husband, and indeed,has gone so far as to draft a complaint and
purportedly notify Affiant's attorney of his scheduled arrival at the courthouse, if Affiant
continued to frustrate Mr. Mehner's development plan.
5. In the draft complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
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3. Plaintiff is informed and believes and thereon alleges that at all
times material hereto, Defendants, and each of them, g
conspired and agreed
p
among themselves to do the acts complained of herein, acting pursuant to such
conspiracy, and aided and assisted one or more of the other Defendants in
completing the wrongful acts alleged herein. Accordingly, each of the
Defendants jointly and severally liable for the damages alleged herein.
FACTS
4. The Trust is the beneficial owner of 10.009 acres ("land") located in
and County Nebraska a/k/a the Northwest corner e of1 9 2nd a d Pacific
Streets, Elkhorn, Nebraska.
5. On information and belief Defendants own the property adjacent to
the land.
6. That on June 2, 1983 Charles Nye ("Nye") sold to Harold Taylor
("Taylor"), the prior owner of the land, by way of Warranty Deed the majority of
the land.
7. That on June 17, 1983 Nye conveyed to Taylor, by way of Quit
Claim Deed the balance of the land.
8. That on July 21, 1983 Restrictive Covenants were recorded by Nye
on the land at Misc. Book 693 Page 392 et seq.
9. That the land was conveyed out prior to the covenants being
recorded making the covenants invalid and unenforceable on the land.
10. That on numerous occasions Mehner met with Defendants and
discussed the facts material to the invalidity of the covenants.
complaint and
purportedly notify Affiant's attorney of his scheduled arrival at the courthouse, if Affiant
continued to frustrate Mr. Mehner's development plan.
5. In the draft complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
11. That Mehner met with Plaintiffs and H. Daniel Smith, Plaintiffs
attorney on 16, 2006 and again discussed the facts related
January 9
to the invalidity and unenforceability of these covenants.
12. At various times prior to the meeting in January with Plaintiffs and
their attorney and at all times thereafter Plaintiffs have engaged in an attempt to
intentionally intermeddle with the business affairs of the Trust as it relates to the
sale and development of the land by spreading false accusations about the lands
use being restricted when, in fact, they were otherwise informed.
13. As a direct and proximate result of the interference of Plaintiffs and
the false statements by Plaintiffs the public is under a growing, compelling belief,
that the land is restricted, damaging the reputation of the Trust and hindering the
value, marketability and sale to Asian and others.
14. That on or about April 19, 2006 Asian received a letter (attached as
Exhibit "A") from Plaintiffs attorney advising the covenants restricting the land are
valid and enforceable through June of 2008. That Plaintiffs attorney represented
in that certain letter a title company researched the title and parsed the legals.
That these representations were intended to interfere with the Plaintiffs business
relationship with Asian; said act was intentional, malicious and designed to
prevent the Plaintiff from successfully establishing or maintaining a business
relationship with Asian.
15. As further consequence of the above described intentional,
malicious interference Asian has threatened to abandon the purchase of the land
with Plaintiff.
t complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
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FIRST CAUSE OF ACTION
TORTIOUS INTERFERENCE
16. Mehner incorporates paragraphs 1-16 as if fully set forth herein.
17. At various times and on a repeated basis, defendants have
knowingly, deliberately and maliciously engaged in conduct intended to interfere
with the existing, continuing and prospective business relationships of the
Plaintiff.
18. Publishing oral and written statements to Plaintiffs prospective
buyers, as well as to Plaintiff's representatives, which statements were false and
intended to interfere with the affairs of Plaintiff.
19. These statements were made both orally as well as disseminated in
writing to those with whom Plaintiff dealt.
20. These oral and written statements were derogatory and prejudicial
to the reputation of Plaintiff and included accusations designed with the intent to
induce a party to a prospective relationship with Plaintiff to breach that
relationship.
21. Defendants knowingly and intentionally induced or caused existing
or continuing client's to breach their contracts with Plaintiff and/or to not enter
into a contract with Plaintiff or do business with Plaintiff.
22. Defendant knowingly and intentionally interfered with Plaintiff's
performance of its contracts with existing or continuing clients by making
performance more burdensome, expensive or difficult. Defendant's conduct also
made it more burdensome, expensive or difficult for Plaintiff to do business with
further consequence of the above described intentional,
malicious interference Asian has threatened to abandon the purchase of the land
with Plaintiff.
t complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
continuing, new or prospective customers because Plaintiff was forced to cut
prices or abandon protracted negotiations to sell or bargain at greatly reduced
prices to sell parcels of the land.
23. Defendant's oral and written statements and actions have had their
intended effect of interfering with Plaintiff's existing, continuing and prospective
business relationships by making it impossible or more difficult to perform than
but for defendant's conduct. By way of example, Plaintiff lost a real estate
transaction valued at $360,000 due to Defendant's actions.
WHEREFORE, on its First Cause of Action Plaintiff prays for an order
entering judgement against Defendant's in the amount of Plaintiff's actual loss of
$360,000 and requiring Defendant's to compensate it for general damages, for
damages to its, reputation, mental suffering or anguish, and for other similar
wrongs or injuries incapable of specific monetary valuation. Plaintiff further
asserts that for the damages it has suffered Plaintiff further seeks recovery of its
damages, including but not limited to, actual, general, consequential, special
damages, lost profits, diminished value of the business, lost earnings, lost or
damaged reputation, loss of sales, loss of goodwill, loss of credit, loss of
business, expense of counteracting publication, all reasonably foreseeable
damages, equitable damages, exemplary and punitive damages. Plaintiff also
seeks prejudgment and post judgment interest and all costs of court. Plaintiff
further requests all relief to which it may be justly entitled in law or equity and for
such other and further relief as the court deems just and equitable.
land
with Plaintiff.
t complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
ti
SECOND CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL UPSET
24. Defendant-Counter Plaintiff incorporates paragraphs 1-24 as if fully
set forth herein.
25. The Defendants conduct as previously described in this Complaint
was known to the Defendant's to be likely to produce emotional distress in the
Plaintiff, and it did in fact produce emotional distress in the Plaintiff. As a direct
and proximate result of the Defendant's conduct the Plaintiff has suffered
emotional distress and emotional damage. The Defendant's conduct as
previously described was outrageous, wholly without legal or factual justification,
as malicious and wanton, and thus entitles the Plaintiff to recover damages.
WHEREFORE, on its Second Cause of Action Plaintiff prays for an order
for direct and consequential damages, including financial loss incurred by the
Trust; expenses incurred in obtaining new prospective tenants and prospective
purchasers; damage to the Trusts business opportunities; and the Trust's mental
anguish and humiliation; in the amount of one million dollars ($1,000,000); for
interest on the above damages, from the date on which the damages were
incurred; for all reasonable costs and expenses incurred by the Trust in relation
to this civil action, plus all reasonable fees and costs; and for such other and
further relief as the Court deems just and equitable.
DATED: April , 2006
The Mehner Family Trust, Plaintiff
intiff
further requests all relief to which it may be justly entitled in law or equity and for
such other and further relief as the court deems just and equitable.
land
with Plaintiff.
t complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
•
By:
Mark A. Mehner
940 S 192nd Street
Elkhorn, NE 68022
(402) 289-9381
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and accurate copy of the above and
foregoing document was sent via e-mail and by regular United States mail,
postage thereon prepaid, on this day of April, 2006 to the following:
Attorney for Defendant:
BY U.S. MAIL:
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA
THE MEHNER FAMILY TRUST. ) DOC PAGE
)
Plaintiff )
)
v. )
) MOTION FOR TEMPORARY
) RESTRAINING ORDER
BRUCE and JANICE KUHN )
)
Defendants )
)
COMES NOW the Plaintiff, the Mehner Family Trust ("Trust") and hereby
moves this Court for a Temporary Restraining Order based upon the following:
1. That as set forth and stated in the Verified Complaint filed
contemporaneously with this Motion for Temporary Restraining Order, the Trust
is the beneficial owner of 10.009 acres ("land") located in Douglas County
Nebraska a/k/a the Northwest corner of 192nd and Pacific Streets, Elkhorn,
Nebraska.
2. On information and belief Defendants own the property adjacent to
the land.
3. That at various times prior to the filing of this action Plaintiff has
notified Defendants and Defendants attorney that the land was conveyed out
prior to any restrictive covenants and thus not subject to any covenants.
4. At various times and on a repeated basis, defendants have
knowingly, deliberately and maliciously engaged in conduct intended to interfere
with the existing, continuing and prospective business relationships of the
Plaintiff.
lief as the Court deems just and equitable.
DATED: April , 2006
The Mehner Family Trust, Plaintiff
intiff
further requests all relief to which it may be justly entitled in law or equity and for
such other and further relief as the court deems just and equitable.
land
with Plaintiff.
t complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
5. That on or about April 19, 2006 Asian Development LLC, ("Asian"),
a prospective purchaser of the land, received a letter from Plaintiffs attorney
advising that covenants restricting the land are valid and enforceable through
June of 2008. That Plaintiffs attorney represented in the letter to Asian a title
company researched the title and parsed the legals and determined use of the
land is restricted.
6. That these representations to Asian were known to be false,
intended to interfere with the Plaintiffs business relationship with Asian; said act
was designed to prevent the Plaintiff from successfully establishing or
maintaining a business relationship with Asian.
7. As further consequence of the above described interference Asian
has threatened to abandon the purchase of the land with Plaintiff.
8. That unless the Defendants are enjoined by this Court from
knowingly, deliberately and maliciously engaging in conduct intended to interfere
with the existing, continuing and prospective business relationships of the
Plaintiff by intentional interference as it relates to the sale and development of
the land by spreading false accusations about the lands use being restricted
when, in fact, they were otherwise informed it was not restricted the Plaintiff will
suffer irreparable injury.
WHEREFORE, Plaintiff prays that the Defendants be restrained and
enjoined from engaging in conduct intended to interfere with the existing,
continuing and prospective business relationships of the Plaintiff by intentional
d for
such other and further relief as the court deems just and equitable.
land
with Plaintiff.
t complaint, the Plaintiff is identified as "The Mehner Family Trust,"
and alleges that it is the "beneficial" owner of the Real Property. The complaint, a copy of
which is attached hereto, alleges that Affiant is interfering with Mr. Mehner's project.
6. Notwithstanding the fact that Mr. Troia and Mr. Mehner have been in business
together and have been regularly seen together, Mr. Troia denies that Mr. Mehner has any
present involvement in the development of the Real Property. Affiant has reason to believe that
Mr. Mehner, in fact, has some interest in the Real Property and will be a beneficiary of any
proceeds generated from the development or sale of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
interference as it relates to the sale and development of the land by spreading
false accusations about the lands use being restricted.
DATED: April , 2006
The Mehner Family Trust, Plaintiff
By:
Mark A. Mehner
940 S 192nd Street
Elkhorn, NE 68022
(402) 289-9381
day of April, 2006 to the following:
Attorney for Defendant:
BY U.S. MAIL:
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
AFFIDAVIT OF EDWARD JARZOBSIUI
COMES NOW, the Affiant, Edward Jarzobski,and states and declares as follows:
1. Affiant previously had a business relationship with Brian Troia who is presently
the owner of Tuscan Reserve Development Company, LLC. Tuscan Reserve Development
Company,.LLC is the applicant on a matter before the City Council, Case Nos. C10-07-260 and
C12-07-261.
2. Affiant has previously worked with Brian Troia in regard to. the development of
the real property which is the subject of the,afore-referenced application. During this time, Mr.
Troia associated himself with Mr. Mark Mehner, Mr. Mehner has a judgment against him for the
approximate amount of $320,000.00 arising from fraud committed against Zion Lutheran
Church.
3. Reddick Development Company, LLC, apparently now a defunct Nebraska
business entity, was formerly known as.Asian Development Company,LLC. Brian Troia was an
owner of Reddick Development Company with DMark, Inc., a corporation, apparently defunct,
owned by Mark Mehner. Asian Development was originally involved in the development of the
Tuscan Reserve property, and Mr. Mehner has actively sought to develop the real property.
4. Affiant has received -phone calls from Nissan Motor Corporation, Toyota
Financial on behalf of Lexus, and -various private investigators looking for Brian Troia. They
were specifically looking for a Nissan Maxima that Mr. Troia owned but had failed to make
payments on, and for a 2007 Lexus purchased in July 2007 by Mr. Troia but for which he has not
made any payments. Affiant had been told that the 2007 Lexus was being driven by Mr.
Mehner's wife. Moreover, Affiant has received phone calls and visits from other creditors,
service processors and investigators looking for Mr. Troia.
5. Affiant knows that Mr.Troia is the owner of property located at 18310 Van Camp
Street, Omaha. This property is currently in foreclosure, and Mr. Troia is believed to no longer
occupy the property.
6. Affiant has personal knowledge of the fact that Mr. Troia has been sued by a
number of creditors in Douglas County and elsewhere.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this 7 day of January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
,
Edward Jarzo/ki,Af ant
STATE OF NEBRASKA )
)ss
COUNTY OF DOUGLAS )
The foregoing instrument was sworn and acknowledged before me this day of
January, 2008.
Notary Public
AMALIE VOLKMANN
General Notary
State of Nebraska fr
f My Commission Expires Apr S. 2011
2
r Defendant:
BY U.S. MAIL:
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
AFFIDAVIT OF H. DANIEL SMITH
COMES NOW,the Affiant, H. Daniel Smith, and states and declares as follows:
1. Affiant is one of the attorneys for Bruce and Janice Kuhn, who own certain real
property located at 19330 Pacific Street, Omaha. Tuscan Reserve Development Company, LLC
is the applicant on a matter before the City Council, Case Nos. C10-07-260 and C12-07-261,
hereinafter the "Application"that seeks to develop real property, hereinafter the "Real Property,"
abutting Affiant's property.
2. Attached hereto as Exhibit "A" is an e-mail from Mark Mehner to Affiant dated
January 11, 2006.
3. Attached hereto as Exhibit "B" is an e-mail from Mark Mehner to Affiant dated
January 12, 2006.
4. Attached hereto as Exhibit "C" is a letter from Mark Mehner to Affiant dated
April 21, 2006.
5. Attached hereto as Exhibit "D" is a letter from Mark Mehner to Affiant dated
April 25, 2006.
6. Attached hereto as Exhibit"E" is a Complaint from Mark Mehner and provided to
Affiant. The Plaintiff is "The Mehner Family Trust" and the named defendants are Bruce and
Janice Kuhn.
7. Attached hereto as Exhibit "F" is a Motion for Temporary Restraining Order
from Mark Mehner and provided to Affiant.
8. Attached hereto as Exhibit "G" is an e-mail from Affiant to Mark Mehner dated
April 25, 2006.
9. Attached hereto as Exhibit "H" is a letter from Mark Mehner to Affiant dated
April 28, 2006.
10. Attached hereto as Exhibit "I" is an e-mail from Affiant to Mark Mehner dated
April 28, 2006.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this day of January, 2008.
1
as being driven by Mr.
Mehner's wife. Moreover, Affiant has received phone calls and visits from other creditors,
service processors and investigators looking for Mr. Troia.
5. Affiant knows that Mr.Troia is the owner of property located at 18310 Van Camp
Street, Omaha. This property is currently in foreclosure, and Mr. Troia is believed to no longer
occupy the property.
6. Affiant has personal knowledge of the fact that Mr. Troia has been sued by a
number of creditors in Douglas County and elsewhere.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this 7 day of January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
ti
H. Daniel Smith, Affiant
STATE OF NEBRASKA )
)ss
COUNTY OF DOUGLAS )
The foregoing instrument was sworn and acknowledged before me this day of
January, 2008.
N y Public
2
IE VOLKMANN
General Notary
State of Nebraska fr
f My Commission Expires Apr S. 2011
2
r Defendant:
BY U.S. MAIL:
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
•
Chris Curzon
From: Mark Mehner[mmehner@gmail.com]
Sent: Wednesday,January 11, 2006 9:50 AM
To: Daniel Smith
Subject: Bruce and Janice Kuhn
Dan,
Perhaps, due to our schedules, it might be easier to communicate via email. You can call
me on my cell (968-1118) if you'd like or I hope Bruce and Janice know they can always
call us as well. Take care.
Mark Mehner
mmehner@gmail.com
(402) 289-9381
(402) 289-9382 Fax
A 1di
1
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
Chris Curzon
From: Mark Mehner[mmehner@gmail.com]
3ent: Thursday,January 12, 2006 10:22 AM
to: Daniel Smith
Subject: Re: Kuhn, Bruce and Janice
I can make it @ 10--I'll contact Aslan & advise.
On 1/11/06, H. Daniel Smith <dsmith@dwyersmith.com> wrote:
> Mark -
> Also - I understand that Aslan has a connection with this - would they
> send somebody to this meeting also?
> Dan
> H. Daniel Smith
> Dwyer, Smith, Gardner,
> Lazer, Pohren, Rogers & Forrest
> 8712 West Dodge Road, Suite 400
> Omaha, NE 68114
> Phone 402 .392 .0101
> Direct 402.501.8130
> Fax 402.392.1011
> dsmith@dwyersmith.com
> E-mail is not a secure mode of communication and may be accessed by
> unauthorized persons. This communication originates from the law firm
> of Dwyer, Smith, Gardner, Lazer, Pohren, Rogers & Forrest, LLP and is
> protected under the Electronic Communication Privacy Act of 1986. Such
communication may be confidential and/or privileged and is intended
> only for the party to whom addressed. It is prohibited for anyone
> else to disclose, copy, distribute or use the contents of this
> communication. Personal messages express views solely of the sender
> and shall not be attributed to the law firm. If you received this
> communication in error, please notify the sender immediately by e-mail or by telephone
at (402) 392-0101.
Mark Mehner
mmehner@gmail.com
(402) 289-9381
(402) 289-9382 Fax
� s P1
1
April 28, 2006.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this day of January, 2008.
1
as being driven by Mr.
Mehner's wife. Moreover, Affiant has received phone calls and visits from other creditors,
service processors and investigators looking for Mr. Troia.
5. Affiant knows that Mr.Troia is the owner of property located at 18310 Van Camp
Street, Omaha. This property is currently in foreclosure, and Mr. Troia is believed to no longer
occupy the property.
6. Affiant has personal knowledge of the fact that Mr. Troia has been sued by a
number of creditors in Douglas County and elsewhere.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this 7 day of January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
• Mark A. Mehner
940 S. 192nd Street
Elkhorn, Nebraska 68022
Phone (402)289-9381 Facsimile (402) 289-9382
April 21, 2006
VIA FACSIMILE; USPS; ELECTRONIC MAIL
Mr. Dan Smith
Dwyer, Smith, Gardner
8712 West Dodge Road
Omaha,NE 68114
Re: NWC 192nd and Pacific
Dear Mr. Smith:
A matter has been brought to my attention that requires your immediate response/action.
Mr. Brian Troia of Asian Development has advised you have communicated to him that
the NWC of 192nd and Pacific shows Restrictive Covenants encumber the property and
those are valid and enforceable through June of 2008.
As you know we met to discuss Kuhn's concerns on or about January 16, 2006 in your
offices. At that meeting, once again I reiterated to you what I have on numerous
occasions discussed with your clients; no valid covenants exit on the aforementioned
property.
As a courtesy and evidence of my continuing good faith I will, once again, review the
facts as they relate to the subject property. On June 2, 1983 Charles Nye sold to Harold
Taylor, by way of Warranty Deed the majority of the property. On June 17, 1983 Nye
conveyed to Taylor, by way of Quit Claim Deed, the balance of the property. The
covenant referenced in your letter(Misc. Book 693, Page 392 et seq.)was dated June 17,
1983 and recorded on July 21, 1983 after the conveyance.
In your letter dated April 19, 2006 to Mr. Troia you advise you had"a title company
research the title and parse the legals in the covenants found." Please provide to me the
name of that certain title company so I might place them on notice to prevent further
dissemination of erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
be well advised to comply with these demands immediately and to inform me in a formal
writing of your agreement to do so.
Finally, on Wednesday April 26, 2006 I will be filing a Complaint against Bruce and
Janice Kuhn in the District Court of Douglas County,Nebraska. Part of the relief I will
seek is a Temporary Restraining Order against the Defendant. The statutes concerning
such orders provide for giving notice to the Defendants that the Plaintiff will be seeking
such an order. You are hereby notified that I will be in the office of the Clerk of the
Douglas County District Court, third floor, Douglas County Courthouse, 17th and Farnam
Street, Omaha,Nebraska at 1:00 p.m. on Wednesday April 26, 2006 for the purpose of
filing a Complaint and immediately thereafter proceeding to the chambers of the judge
assigned to the case to seek a Temporary Restraining Order.
Should you wish to discus this matter prior to the filing of suit, please feel free to contact
me at the above phone number or, alternatively, you may call me on my cell phone at
402-968-1118.
This letter does not purport to constitute a complete or exhaustive statement of all of my
rights, contentions or legal theories. Nothing contained herein is intended as, nor should
it be deemed to constitute a waiver of relinquishment of any of my rights or remedies,
whether legal or equitable, all of which are hereby expressly reserved.
Sincerely,
Mark A. Mehner
MAM/mm
Cc: Brian Troia,Aslan Development
egals in the covenants found." Please provide to me the
name of that certain title company so I might place them on notice to prevent further
dissemination of erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
Mark A. Mehner
940 S. 192nd Street
Elkhorn, Nebraska 68022
Phone (402) 289-9381 Facsimile (402) 289-9382
April 25, 2006
VIA FACSIMILE TO 392-1011
EMAIL, USPS AND
HAND DELIVERY
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha,NE 68114
Re: The Mehner Family Trust v. Bruce and Janice Kuhn
Dear Mr. Smith:
As previously advised, on April 26, 2006 I will be filing a Complaint against your clients in the
District Court of Douglas County,Nebraska.
Part of the relief I will seek is a Temporary Restraining Order against the Defendants. The
statutes concerning such orders provide for giving notice to the Defendants that the Plaintiff will
be seeking such an order. You are hereby notified that I will be in the office of the Clerk of the
Douglas County District Court, third floor, Douglas County Courthouse, 17th and Farnam Street,
Omaha,Nebraska at 1:00 p.m. on Wednesday April 26, 2006 for the purpose of filing a
Complaint and immediately thereafter proceeding to the chambers of the judge assigned to the
case to seek a Temporary Restraining Order.
For your information I am enclosing copies of the following pleadings:
1. Complaint;
2. Motion for Temporary Restraining Order.
Should you wish to discus this matter prior to the filing of suit,please feel free to contact me at
the above phone number or, alternatively, you may call me on my cell phone at 402-968-1118.
Sincerely,
Mark A. Mehner
MAM/mm
Enclosures
tle company so I might place them on notice to prevent further
dissemination of erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
Page l of 1
•
Chris Curzon
From: Mark Mehner [mmehner@gmail.com]
Sent: Wednesday, April 26, 2006 12:01 PM
To: Daniel Smith
Subject: TRO Hearing
Dan,
I left a message with Barb. I wanted to follow-up in writing. I am waiting on an affidavit from a title
company (although I have a vailid policy) so I won't be pursuing the TRO today without the affidavit.
Should you have any questions feel free to contact me directly.
Mark Mehner
mmehner@gmail.com
(402) 289-9381
(402) 289-9382 Fax
7/30/2007
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA
THE MEHNER FAMILY TRUST. ) DOC PAGE
)
Plaintiff )
)
v. )
) COMPLAINT
BRUCE and JANICE KUHN )
)
Defendants )
)
COMES NOW the Mehner Family Trust ("Plaintiff"), by and through their
attorney-in-fact, Mark A. Mehner ("Mehner") and in and for its' Complaint against
Bruce and Janice Kuhn ("Defendants"), hereinabove and hereafter named, states
and alleges as follows:
INTRODUCTION AND BACKGROUND
This is an action for injunctive relief and damages arising out of
Defendants' willful conduct in trying to wrongfully interfere and disrupt a Contract
(the "Contract") entered into by the Mehner Family Trust ("Trust") and Asian
Development LLC ("Asian") along with other contractual relationships. Together
with now unknown civil conspirators, Defendants' misconduct is causing the
Trust to incur thousands of dollars in losses.
PARTIES AND JURISDICTION
1. Plaintiff Trust is a doing business in the State of Nebraska.
2. Defendants Bruce and Janice Kuhn are individuals residing in
Douglas County Nebraska.
leadings:
1. Complaint;
2. Motion for Temporary Restraining Order.
Should you wish to discus this matter prior to the filing of suit,please feel free to contact me at
the above phone number or, alternatively, you may call me on my cell phone at 402-968-1118.
Sincerely,
Mark A. Mehner
MAM/mm
Enclosures
tle company so I might place them on notice to prevent further
dissemination of erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
3. Plaintiff is informed and believes and thereon alleges that at all
times material hereto, Defendants, and each of them, conspired and agreed
among themselves to do the acts complained of herein, acting pursuant to such
conspiracy, and aided and assisted one or more of the other Defendants in
completing the wrongful acts alleged herein. Accordingly, each of the
Defendants jointly and severally liable for the damages alleged herein.
FACTS
4. The Trust is the beneficial owner of 10.009 acres ("land") located in
Douglas County Nebraska a/k/a the Northwest corner of 192nd and Pacific
Streets, Elkhorn, Nebraska.
5. On information and belief Defendants own the property adjacent to
the land.
6. That on June 2, 1983 Charles Nye ("Nye") sold to Harold Taylor
("Taylor"), the prior owner of the land, by way of Warranty Deed the majority of
the land.
7. That on June 17, 1983 Nye conveyed to Taylor, by way of Quit
Claim Deed the balance of the land.
8. That on July 21, 1983 Restrictive Covenants were recorded by Nye
on the land at Misc. Book 693 Page 392 et seq.
9. That the land was conveyed out prior to the covenants being
recorded making the covenants invalid and unenforceable on the land.
10. That on numerous occasions Mehner met with Defendants and
discussed the facts material to the invalidity of the covenants.
contact me at
the above phone number or, alternatively, you may call me on my cell phone at 402-968-1118.
Sincerely,
Mark A. Mehner
MAM/mm
Enclosures
tle company so I might place them on notice to prevent further
dissemination of erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
11. That Mehner met with Plaintiffs and H. Daniel Smith, Plaintiffs
attorney ("attorney"), on January 16, 2006 and again discussed the facts related
to the invalidity and unenforceability of these covenants.
12. At various times prior to the meeting in January with Plaintiffs and
their attorney and at all times thereafter Plaintiffs have engaged in an attempt to
intentionally intermeddle with the business affairs of the Trust as it relates to the
sale and development of the land by spreading false accusations about the lands
use being restricted when, in fact, they were otherwise informed.
13. As a direct and proximate result of the interference of Plaintiffs and
the false statements by Plaintiffs the public is under a growing, compelling belief,
that the land is restricted, damaging the reputation of the Trust and hindering the
value, marketability and sale to Asian and others.
14. That on or about April 19, 2006 Asian received a letter (attached as
Exhibit "A") from Plaintiffs attorney advising the covenants restricting the land are
valid and enforceable through June of 2008. That Plaintiffs attorney represented
in that certain letter a title company researched the title and parsed the legals.
That these representations were intended to interfere with the Plaintiffs business
relationship with Asian; said act was intentional, malicious and designed to
prevent the Plaintiff from successfully establishing or maintaining a business
relationship with Asian.
15. As further consequence of the above described intentional,
malicious interference Asian has threatened to abandon the purchase of the land
with Plaintiff.
f erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
•
FIRST CAUSE OF ACTION
TORTIOUS INTERFERENCE
16. Mehner incorporates paragraphs 1-16 as if fully set forth herein.
17. At various times and on a repeated basis, defendants have
knowingly, deliberately and maliciously engaged in conduct intended to interfere
with the existing, continuing and prospective business relationships of the
Plaintiff.
18. Publishing oral and written statements to Plaintiffs prospective
buyers, as well as to Plaintiff's representatives, which statements were false and
intended to interfere with the affairs of Plaintiff.
19. These statements were made both orally as well as disseminated in
writing to those with whom Plaintiff dealt.
20. These oral and written statements were derogatory and prejudicial
to the reputation of Plaintiff and included accusations designed with the intent to
induce a party to a prospective relationship with Plaintiff to breach that
relationship.
21. Defendants knowingly and intentionally induced or caused existing
or continuing client's to breach their contracts with Plaintiff and/or to not enter
into a contract with Plaintiff or do business with Plaintiff.
22. Defendant knowingly and intentionally interfered with Plaintiff's
performance of its contracts with existing or continuing clients by making
performance more burdensome, expensive or difficult. Defendant's conduct also
made it more burdensome, expensive or difficult for Plaintiff to do business with
As further consequence of the above described intentional,
malicious interference Asian has threatened to abandon the purchase of the land
with Plaintiff.
f erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
continuing, new or prospective customers because Plaintiff was forced to cut
prices or abandon protracted negotiations to sell or bargain at greatly reduced
prices to sell parcels of the land.
23. Defendant's oral and written statements and actions have had their
intended effect of interfering with Plaintiff's existing, continuing and prospective
business relationships by making it impossible or more difficult to perform than
but for defendant's conduct. By way of example, Plaintiff lost a real estate
transaction valued at $360,000 due to Defendant's actions.
WHEREFORE, on its First Cause of Action Plaintiff prays for an order
entering judgement against Defendant's in the amount of Plaintiff's actual loss of
$360,000 and requiring Defendant's to compensate it for general damages, for
damages to its, reputation, mental suffering or anguish, and for other similar
wrongs or injuries incapable of specific monetary valuation. Plaintiff further
asserts that for the damages it has suffered Plaintiff further seeks recovery of its
damages, including but not limited to, actual, general, consequential, special
damages, lost profits, diminished value of the business, lost earnings, lost or
damaged reputation, loss of sales, loss of goodwill, loss of credit, loss of
business, expense of counteracting publication, all reasonably foreseeable
damages, equitable damages, exemplary and punitive damages. Plaintiff also
seeks prejudgment and post judgment interest and all costs of court. Plaintiff
further requests all relief to which it may be justly entitled in law or equity and for
such other and further relief as the court deems just and equitable.
Plaintiff.
f erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
SECOND CAUSE OF ACTION
INTENTIONAL INFLICTION OF EMOTIONAL UPSET
24. Defendant-Counter Plaintiff incorporates paragraphs 1-24 as if fully
set forth herein.
25. The Defendants conduct as previously described in this Complaint
was known to the Defendant's to be likely to produce emotional distress in the
Plaintiff, and it did in fact produce emotional distress in the Plaintiff. As a direct
and proximate result of the Defendant's conduct the Plaintiff has suffered
emotional distress and emotional damage. The Defendant's conduct as
previously described was outrageous, wholly without legal or factual justification,
as malicious and wanton, and thus entitles the Plaintiff to recover damages.
WHEREFORE, on its Second Cause of Action Plaintiff prays for an order
for direct and consequential damages, including financial loss incurred by the
Trust; expenses incurred in obtaining new prospective tenants and prospective
purchasers; damage to the Trusts business opportunities; and the Trust's mental
anguish and humiliation; in the amount of one million dollars ($1,000,000); for
interest on the above damages, from the date on which the damages were
incurred; for all reasonable costs and expenses incurred by the Trust in relation
to this civil action, plus all reasonable fees and costs; and for such other and
further relief as the Court deems just and equitable.
DATED: April , 2006
The Mehner Family Trust, Plaintiff
Plaintiff
further requests all relief to which it may be justly entitled in law or equity and for
such other and further relief as the court deems just and equitable.
Plaintiff.
f erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
By:
Mark A. Mehner
940 S 192nd Street
Elkhorn, NE 68022
(402) 289-9381
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and accurate copy of the above and
foregoing document was sent via e-mail and by regular United States mail,
postage thereon prepaid, on this day of April, 2006 to the following:
Attorney for Defendant:
BY U.S. MAIL:
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
er
IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA
THE MEHNER FAMILY TRUST. ) DOC PAGE
)
Plaintiff )
)
v. )
) MOTION FOR TEMPORARY
) RESTRAINING ORDER
BRUCE and JANICE KUHN )
)
Defendants )
)
COMES NOW the Plaintiff, the Mehner Family Trust ("Trust") and hereby
moves this Court for a Temporary Restraining Order based upon the following:
1. That as set forth and stated in the Verified Complaint filed
contemporaneously with this Motion for Temporary Restraining Order, the Trust
is the beneficial owner of 10.009 acres ("land") located in Douglas County
Nebraska a/k/a the Northwest corner of 192nd and Pacific Streets, Elkhorn,
Nebraska.
2. On information and belief Defendants own the property adjacent to
the land.
3. That at various times prior to the filing of this action Plaintiff has
notified Defendants and Defendants attorney that the land was conveyed out
prior to any restrictive covenants and thus not subject to any covenants.
4. At various times and on a repeated basis, defendants have
knowingly, deliberately and maliciously engaged in conduct intended to interfere
with the existing, continuing and prospective business relationships of the
Plaintiff.
just and equitable.
DATED: April , 2006
The Mehner Family Trust, Plaintiff
Plaintiff
further requests all relief to which it may be justly entitled in law or equity and for
such other and further relief as the court deems just and equitable.
Plaintiff.
f erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
•
5. That on or about April 19, 2006 Asian Development LLC, ("Asian"),
a prospective purchaser of the land, received a letter from Plaintiffs attorney
advising that covenants restricting the land are valid and enforceable through
June of 2008. That Plaintiffs attorney represented in the letter to Asian a title
company researched the title and parsed the legals and determined use of the
land is restricted.
6. That these representations to Asian were known to be false,
intended to interfere with the Plaintiffs business relationship with Asian; said act
was designed to prevent the Plaintiff from successfully establishing or
maintaining a business relationship with Asian.
7. As further consequence of the above described interference Asian
has threatened to abandon the purchase of the land with Plaintiff.
8. That unless the Defendants are enjoined by this Court from
knowingly, deliberately and maliciously engaging in conduct intended to interfere
with the existing, continuing and prospective business relationships of the
Plaintiff by intentional interference as it relates to the sale and development of
the land by spreading false accusations about the lands use being restricted
when, in fact, they were otherwise informed it was not restricted the Plaintiff will
suffer irreparable injury.
WHEREFORE, Plaintiff prays that the Defendants be restrained and
enjoined from engaging in conduct intended to interfere with the existing,
continuing and prospective business relationships of the Plaintiff by intentional
uch other and further relief as the court deems just and equitable.
Plaintiff.
f erroneous information making the performance of contracts with
existing or prospective clients more burdensome, expensive or difficult.
In addition, I am putting you on notice of my substantial and increasing claims against
your clients as they have knowingly, deliberately and maliciously engaged in conduct
intended to interfere with my existing, continuing and prospective business relationships.
Further, I once again demand that you and your client immediately cease and desist from
further interference calculated to prevent me from successfully establishing or
maintaining any sales or contracts involving the NWC of 192nd and Pacific. You would
f January, 2008.
1
le of the Real Property.
7. Affiant has had multiple personal conversations with James Masteller, Douglas
County Assistant Attorney, who has kept Affiant updated on the criminal cases brought at the
State and Federal level against Mr. Mehner. Affiant has been advised that one or both of these
criminal cases may be tried in the coming months.
FURTHER AFFIANT SAYETH NAUGHT.
Dated this C/ day of January, 2008.
1
interference as it relates to the sale and development of the land by spreading
false accusations about the lands use being restricted.
DATED: April , 2006
The Mehner Family Trust, Plaintiff
By:
Mark A. Mehner
940 S 1 92nd Street
Elkhorn, NE 68022
(402) 289-9381
of April, 2006 to the following:
Attorney for Defendant:
BY U.S. MAIL:
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
er
•
Page 1 of 2
Chris Curzon
From: H. Daniel Smith [dsmith@dwyersmith.com]
Sent: Friday, April 28, 2006 12:01 PM
To: Mark Mehner
Subject: RE: Kuhn
Mr. Mehner-
My clients have never had any interest in interfering with anybody. All these claims are just unfounded. I will not
reply to the details of these claims. All my clients ever wanted was to have a discussion about the plan of
development so they could minimize the impact of whatever is done on that corner to their own, residential, use. I
told Mr. Troia that we would be more than happy to work with him, and the Kuhns would be happy to enter into an
agreement voiding out the covenant(whatever you may think of its validity) in return for an understanding as
to how the development would be pursued so as to minimize impact on the Kuhn property. This ought to be a
reasonable and straightforward thing between neighbors. He seemed very pleased at that. If he terminated
some agreement with you, I am sorry, but he did it for his own reasons, whatever they might be. We never knew
there was an agreement- my clients merely heard that Aslan had acquired the property and that led to my letter.
My clients know that the.corner will be developed into something, and they just want to work with whomever is
doing the development.
I urge you to stop making threats and proceed to a constructive engagement with your neighbors. Lawsuits rarely
resolve anything to the satisfaction of all. They are often merely destructive. I will not be responding to any
further communications from you unless you abandon threats and move in the direction of a positive dialog.
Best of luck to you.
Dan Smith
H. Daniel Smith
Dwyer, Smith, Gardner,
Lazer, Pohren, Rogers & Forrest, LLP
8712 West Dodge Road, Suite 400
Omaha, NE 68114
Phone 402.392.0101
Direct 402.501.8130
Fax 402.392.1011
dsmith@dwyersmith.com
E-mail is not a secure mode of communication and may be accessed by unauthorized persons. This
communication originates from the law firm of Dwyer, Smith, Gardner, Lazer, Pohren, Rogers& Forrest, LLP and
is protected under the Electronic Communication Privacy Act of 1986. Such communication may be confidential
and/or privileged and is intended only for the party to whom addressed. It is prohibited for anyone else to
disclose, copy, distribute or use the contents of this communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at(402) 392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com] k`
7/30/2007
2008.
1
Page 2 of 2
Sent: Friday, April 28, 2006 11:45 AM
To: H. Daniel Smith
Subject: Kuhn
Mark Mehner
mmehner@gmaiLcom
(402) 289-9381
(402) 289-9382 Fax
7/30/2007
By:
Mark A. Mehner
940 S 1 92nd Street
Elkhorn, NE 68022
(402) 289-9381
of April, 2006 to the following:
Attorney for Defendant:
BY U.S. MAIL:
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
er
Mark A. Mehner
940 S. 192nd Street
Elkhorn, Nebraska 68022
Phone (402) 289-9381 Facsimile (402) 289-9382
April 28, 2006
VIA FACSIMILE TO 392-1011
EMAIL, USPS
H. Daniel Smith
Dwyer, Smith, Gardner
8712 West Dodge Road, Suite 400
Omaha,NE 68114
Re: Intentional Interference
Dear Mr. Smith:
As you are aware I have made several requests for you to contact me so we might discuss your
client's ongoing, willful interference with the Trust's business relationships. As of this writing I
have not received a call from you.
Based upon Asian's cancellation of that certain agreement (a copy of which I sent to your
attention yesterday) the exigent nature of the relief afforded by the TRO is, at this point,
unnecessary.
As a result of your client's unconsciousable actions I believe, and therefore allege, you and your
client's have taken advantage of the Trust's lack of knowledge, ability and experience to a
grossly unfair degree. This letter shall constitute notice of our intent to pursue a claim against
your client's individually,their representatives,principals, agents and/or assigns, for tortuous
interference with a business relationship.
As you may be aware the elements of tortious interference with a business relationship are:
(i) the existence of a business relationship;
(ii) knowledge of the relationship on the part of the defendant;
(iii) an intentional and unjustified interference with the relationship by the
defendant; and
(iv) damage to the plaintiff as a result of the breach of the relationship.
A protected business relationship need not be evidenced by an enforceable contract. However,
"the alleged business relationship must afford the plaintiff existing or prospective legal or
contractual rights" (cited case(s) omitted for brevity*).
ect 402.501.8130
Fax 402.392.1011
dsmith@dwyersmith.com
E-mail is not a secure mode of communication and may be accessed by unauthorized persons. This
communication originates from the law firm of Dwyer, Smith, Gardner, Lazer, Pohren, Rogers& Forrest, LLP and
is protected under the Electronic Communication Privacy Act of 1986. Such communication may be confidential
and/or privileged and is intended only for the party to whom addressed. It is prohibited for anyone else to
disclose, copy, distribute or use the contents of this communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at(402) 392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com] k`
7/30/2007
2008.
1
I believe our cause of action will prevail for several reasons.
1. The existence of a business relationship. First, we can establish and adequately
plead the existence of a cognizable business relationship to which the Trust was a
party and which was the object of your client's interference. In order to support
an action for tortious interference,the relationship must have some substance. The
law seems settled that such an action may be "predicated on an unenforceable
agreement, if an understanding between the parties would have been completed
had the defendant not interfered" (*). In the instant case the operative word is, of
course "agreement."
A written agreement existed between the Trust and Asian. Therefore, a protected
business relationship exists when the participants' dealings have "progressed
beyond the stage of a mere offer, to an understanding" (*)ter, again in this case
a written agreement.
2. Knowledge of the relationship on the part of the defendant's. The Trust can prove
Defendant's had knowledge of a relationship between the parties obviated by your
• emails, letters and our affidavits and direct testimony of the parties—all
documented and gathered prior to any formal discovery necessitated by a lawsuit.
3. Intentional interference with the relationship. Having the ability to prove
Defendant's had knowledge of the relationship between the parties, the Trust
predictably feels confident in its ability to allege that the act of Defendant's was
done with intent to interfere in the Trust's affairs. Based on dated writings
advanced by the Trust to you to protect its business relationship along with the
fact Defendant's knowledge of the specific relationship your claim that
Defendants' cannot have "intentionally" interfered with a relationship of which
they were ignorant seems baseless.
4. Unjustified interference with the relationship. The Trust believes that the actions
attributed to Defendant were unjustified; indeed, as explained above, Defendant's
actions are factual and well documented rather than conclusory and therefore do
not negate any justification Defendant's may claim to have, and further does not
affirmatively postulate a lack of justification for their actions.
5. Resulting damage to Plaintiff. Of all the strengths of the Trust's case,this is
perhaps the most compelling. The damages caused by Defendant's misconduct,
granting them the benefit of every ambiguity, are clearly illustrated by Asian's
cancellation of their contract with the Trust.
The facts alleged demonstrate that the Trust was the victim of interference with the contractual
relationship with Aslan, and they show that Defendant's are the author's of the precipitating
events.
Dan, your explanations of your clients actions are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
1
I urge you to review these events and developments with your clients' so they may have an
opportunity to tender us a written offer of settlement to avoid the expense and uncertainty
associated with protracted litigation. Should I not hear from you today by close of business (5
p.m. CST) I will assume it is not your intent to resolve this matter without the assistance of the
Courts.
Govern you actions accordingly.
Sincerely,
Mark A. Mehner
MAM/mm
Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
er
•
Page 1 of 2
Chris Curzon
From: H. Daniel Smith [dsmith@dwyersmith.com]
Sent: Tuesday, April 25, 2006 10:31 AM
To: Mark Mehner
Subject: RE: Mehner Family Trust v. Bruce and Janice Kuhn
Mr. Mehner-
I have your prior letter and the E-mail today threatening legal action based upon the letter I sent to Brian Troia of
Asian Development.
There is no claim here of any kind. My clients had no intention of interfering with anything as you well know.
They merely raised the issue of the restrictive covenant. If there is one, it is just a fact of title in the property
history, and if there is not a valid covenant, then the matter does not affect anyone.
You may wish to note that the notice you set out in your letter attached to your E-mail is defective. Once an
action has been filed, and once the action is assigned to a judge, then we must be given notice. I am not going
to go to the courthouse at 1 p.m. tomorrow and stand around on the chance that you actually follow through on
this. If you attempt this without giving me actual notice of an actual hearing, you must inform the judge that you
did not give me a specific date and time of the hearing. If you file an action, you can call - I can be reached at
501-8130, or my assistant Barb at 501-8119, and she will find me.
But I must caution you against filing any action. The action you propose is groundless and an abuse of process,
itself a tort. If you persist in it, my clients will be entitled to pursue you personally for damages.
You may feel free to call me to discuss the matter, but I urge you to rethink this unwise course of action.
Dan Smith
H. Daniel Smith
Dwyer, Smith, Gardner,
Lazer, Pohren, Rogers & Forrest, LLP
8712 West Dodge Road, Suite 400
Omaha, NE 68114
Phone 402.392.0101
Direct 402.501.8130
Fax 402.392.1011
dsmith@dwyersmith.com
E-mail is not a secure mode of communication and may be accessed by unauthorized persons. This
communication originates from the law firm of Dwyer, Smith, Gardner, Lazer, Pohren, Rogers & Forrest, LLP and
is protected under the Electronic Communication Privacy Act of 1986. Such communication may be confidential
and/or privileged and is intended only for the party to whom addressed. It is prohibited for anyone else to
disclose, copy, distribute or use the contents of this communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
Page 2 of 2
Subject: Mehner Family Trust v. Bruce and Janice Kuhn
Mark Mehner
mmehner@gmail.com
(402) 289-9381
(402) 289-9382 Fax
7/30/2007
ent to avoid the expense and uncertainty
associated with protracted litigation. Should I not hear from you today by close of business (5
p.m. CST) I will assume it is not your intent to resolve this matter without the assistance of the
Courts.
Govern you actions accordingly.
Sincerely,
Mark A. Mehner
MAM/mm
Suite 400
Omaha, NE 68114
E-MAIL:
dsmith@dwyersmith.com
PERSONAL SERVICE:
Hand Delivered
Mark A. Mehner
er
AFFIDAVIT OF CHRISTOPHER D. CURZON
COMES NOW, the Affiant, Christopher D. Curzon, and states and declares as follows:
1. Affiant is the attorney for Bruce and Janice Kuhn who own real property abutting
real property that is currently the subject of an application for development. Tuscan Reserve
Development Company, LLC is the applicant on the matter before the City Council, Case Nos.
C l 0-07-260 and C12-07-261. Tuscan Reserve Development Company, LLC is owned by Mr.
Brian Troia.
2. Brian Troia has a business relationship with Mr. Mark Mehner. Both Troia and
Mehner have sought through various entities to develop the real property that is the subject of the
afore-referenced application.
3. Brian Troia, as a result of on-going business dealings, is a Defendant in the
following lawsuits:
a) Baldwin and First Community Bank v. Troia et al., Doc. 1073, Page 003, Douglas
County District Court;
b) Baldwin v. Troia et al. Doc. 1073, Page 004, Douglas CountyDistrict
Court;
c) Midland Marble & Granite v. Troia et al., Doc. 1070, Page 945, Douglas County
District Court;
d) Vasa v. Troia et al., Case No.: CI07-107, Saunders County District Court;
e) Nebraska Furniture Mart v. Troia et al., Case No.: 06-25595, Douglas County .
Court.
4. Affiant has personal knowledge that Mr. Troia has also been a defendant in other
litigation and has numerous other creditors who are looking for him or in the process of filing
new lawsuits against him.
5. Affiant has personally spoken to Mr. Jeffrey Farnham, the attorney for Zion
Lutheran Church, which has a judgment against Mr. Mehner in the approximate amount of
$320,000.00 for fraud against the Church. A copy of the Summary Judgment Order entered in
the civil action brought by the Church against Mr. Mehner is attached hereto.
6. Affiant has also spoken personally to Mr. James Masteller, an attorney with the
Douglas County Attorney's office, who has advised Affiant that there are criminal charges
pending against Mr. Mehner in both state and federal court involving various business dealings
and allegations of fraud. A copy of the federal complaint and indictment are attached hereto as
exhibits.
1
. It is prohibited for anyone else to
disclose, copy, distribute or use the contents of this communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
1
7. The federal complaint makes multiple references to a property located at 940
South 192nd Street, Omaha, which is the same real estate that is the subject of this Application. It
is owned by Tempro Services, Inc., a company from Moline, Illinois. Tempro Services, Inc. has
owned the property since 2001 and was the owner when Mr. Mehner was negotiating to sell the
property. See attached documents from the Douglas County Assessor's Office. Moreover, Brian
Troia's name is referenced multiple times in the federal complaint against Mr. Mehner.
8. Affiant believes that because of Mr. Mehner's legal matters, Mr. Troia has
assumed responsibility for developing the afore-referenced Real Property.
FURTHER AFFIANT SAYETH NAUGHT.
Q
Dated this ZJ �-
day of January, 2008.
Chri opher D. urzon, Affiant
STATE OF NEBRASKA )
)ss
COUNTY OF DOUGLAS )
fi—
The foregoing instrument was sworn and acknowledged before me this O - day of
January, 2008.
GENERAL NOTARY•State of Nebraska Nierldik
I MARY E.BURNISON
My Comm.Exp.March 2,2009 Notary lic
2
) Nebraska Furniture Mart v. Troia et al., Case No.: 06-25595, Douglas County .
Court.
4. Affiant has personal knowledge that Mr. Troia has also been a defendant in other
litigation and has numerous other creditors who are looking for him or in the process of filing
new lawsuits against him.
5. Affiant has personally spoken to Mr. Jeffrey Farnham, the attorney for Zion
Lutheran Church, which has a judgment against Mr. Mehner in the approximate amount of
$320,000.00 for fraud against the Church. A copy of the Summary Judgment Order entered in
the civil action brought by the Church against Mr. Mehner is attached hereto.
6. Affiant has also spoken personally to Mr. James Masteller, an attorney with the
Douglas County Attorney's office, who has advised Affiant that there are criminal charges
pending against Mr. Mehner in both state and federal court involving various business dealings
and allegations of fraud. A copy of the federal complaint and indictment are attached hereto as
exhibits.
1
. It is prohibited for anyone else to
disclose, copy, distribute or use the contents of this communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
COpy
IN THE DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA
ZION LUTHERAN CHURCH OF BENSON ) DOC. 1058 PAGE 802
STATION, OMAHA, a/k/a ZION )
LUTHERAN CHURCH, a Nebraska )
Non-Profit Corporation, )
Plaintiff, )
)
v. ) ORDER FOR SUMMARY JUDGMENT
MARK MEHNER, INTEGRATED )
BUSINESS STRATEGIES OF )
NEBRASKA, INC., a/k/a INTEGRATED )
BUSINESS OF NEBRASKA, INC., )
a/k/a INTEGRATED BUSINESS, a )
Nebraska Corporation, and VLN )
FAMILY TRUST, )
)
Defendants. )
THIS MATTER came before the Court on August 3, 2006 upon plaintiffs
Motion for Summary Judgment on its First and Second Causes of Action. Plaintiff
was represented by Michael F. Scahill and Jeffrey B. Farnham; defendant Mark
Mehner, not present, was represented by James F. Cann; defendant VLN Family
Trust was represented by Bruce Goodwin, and defendant Integrated Business
Strategies of Nebraska, Inc., a/k/a Integrated Business of Nebraska, Inc., a/k/a
Integrated Business was not represented. Based upon the evidence adduced,
the Briefs submitted and the arguments of counsel, the Court finds that plaintiffs
Motion for Summary Judgment should be, and hereby is, sustained on plaintiffs
First Cause of Action for Conversion and on plaintiffs Second Cause of Action
for Fraudulent Misrepresentation.
In support of my granting plaintiffs Motion for Summary Judgment on its
First and Second Causes of Action, I find that the facts are clearly and very
succinctly set forth in Exhibit "6," Pastor Schmitt's Affidavit, and Exhibit "7,"
Jeffrey B. Farnham's Affidavit, and I adopt those facts in their entirety.
I find that in September and October of 2004, defendant Mark Mehner
("Mehner") advised and represented to Zion, that he had been contacted by an
Mr. James Masteller, an attorney with the
Douglas County Attorney's office, who has advised Affiant that there are criminal charges
pending against Mr. Mehner in both state and federal court involving various business dealings
and allegations of fraud. A copy of the federal complaint and indictment are attached hereto as
exhibits.
1
. It is prohibited for anyone else to
disclose, copy, distribute or use the contents of this communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
anonymous donor who wanted to sell land to Zion for $250,000.00, which land
Zion would then sell for an amount in excess of $1,000,000.00, resulting in a
large donation to Zion. In reliance on these representations, and at the specific
instruction of Mehner, on October 27, 2004, Zion obtained a loan from the Bank
of Bennington and gave a cashier's check in the amount of $250,000.00 to
Mehner, which check was payable to the VLN Family Trust. At various times from
and after October, 2004, and at the specific request of Mehner, Zion advanced to
Mehner and/or Integrated Business the total sum of $41,515.75 for purported
expenses related to the purchase and sale of the land by Zion.
Mehner deposited the $250,000.00 given to him by Zion into account
number 100713959 at the Omaha State Bank, Omaha, Nebraska. Mehner also
deposited $41,515.74 given to him and/or Integrated Business Strategies, Inc.
into account number 105700641746 at U.S. Bank, Omaha, Nebraska.
The evidence submitted by plaintiff in support of its Motion for Summary
Judgment clearly shows that Mehner converted to his own use the $291,515.74,
which is the property of Zion. None of the $291,515.74 was used or spent for the
purported purchase and sale of land as misrepresented by Mehner to Zion and
none of this money was used for the benefit of Zion.
Exhibit "6," the Affidavit of Pastor Thomas Schmitt and its attachments
(bank loan papers and checks) and Exhibit "7," the Affidavit of Jeffrey B.
Farnham and its attachments, set forth the money trail of the checks that Zion
Lutheran Church ("Zion") gave to Mehner. Mehner depositied the $250,000.00
check into the Omaha State Bank account set up in the name of a fictitious trust
dubbed the VLN Family Trust and thereafter he transferred money to two
business entities, Integrated Business Strategies and D Mark, Inc., both
controlled by Mehner. This evidence also shows approximately 60 ATM
withdrawals from various locations totaling approximately $7,800.00 in cash.
Exhibit "12", the Affidavit of Michael F. Scahill, shows over $20,000.00 was paid
to Creighton University for Mehner's son. This evidence very clearly paints the
picture of what has taken place in this case beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
These Affidavits and attachments received into evidence provide the
framework of this fraudulent scheme that Mehner perpetrated on Zion. The April
4, 2006 transcript wherein Mehner acknowledged that he cashed checks out of
his Integrated Business Strategies account, the funding for those funds coming
from the VLN Family Trust account at Omaha State Bank, as well as the Amy
Mason deposition and the two Mehner depositions complete the story of this
case.
Without any doubt whatsoever, the evidence leads to only one conclusion;
that being that the defendant fraudulently misrepresented to Zion in October of
2004 that an anonymous donor, for tax purposes, wanted to sell the church a
piece of property worth well over $1,000,000.00 for $250,000.00, plus some
additional $41,515.74 in expenses. Adding a further layer to this scheme, the
defendant Mehner told Zion that the donor must remain anonymous and that as
an attorney, Mehner was bound by "ethical considerations" and was unable to
reveal the donor, the fictitious purported landowners, identity. These statements
were all untrue. Mehner knew they were false. Mehner, for reasons of personal
financial gain, made the statements with the intent that Zion rely upon them.
These false statements induced Zion to advance $291,515.74 to Mehner
beginning in October of 2004, which sum has never been recovered. It is
apparent from the evidence that these funds were drained from the Omaha State
Bank account and converted to Mehner's own use, these funds having been
spent by Mehner.
The evidence adduced clearly supports this Court's findings that the
elements required to prove conversion, that being any wrongful act of dominion
exerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
of plaintiffs Motion for Summary Judgment, Zion incurred interest in the amount
of $33,077.23 as a result of borrowing this money.
The Court finds that pursuant to Neb. Rev. Stat. § 25-824(2) and (4), the
Court should award a reasonable attorney fee to Zion's counsel to be paid by
defendant Mehner. Plaintiffs counsel should submit Affidavits in support of their •
requested attorney fees within 10 days. Defendant Mehner, through his counsel,
may submit a counter Affidavit within 7 days thereafter should he choose to do
so.
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that
judgment is rendered for the plaintiff and against the defendants, and each of
them, on plaintiffs First Cause of Action for Conversion and on plaintiffs Second
Cause of Action for Fraudulent Misrepresentation in the sum of$291,515.74 plus
interest up to today's date in the sum of $33,077.23 for a total amount of
$324,592.97, and from today's date forward interest will accrue at the legal rate,
plus taxable Court costs.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendant
Mehner shall pay to the law firm of Cassem, Tierney, Adams, Gotch & Douglas
the amount of$a o, 59, ?Sfor its attorney fees and costs incurred in this matter
and defendant Mehner shall pay to the law firm of Jeffrey B. Farnham, PC, LLO
the amount of $ 2 3; Y 3 7./Z for the attorney fees and costs incurred in this
matter.
DATED this c2/ day of s f , 2006.
BY THE COURT:
District Court Judge
PREPARED AND SUBMITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) 8:07CV
)
LOTS 32 AND 33,LINDEN ESTATES, A ) VERIFIED COMPLAINT
SUBDIVISION AS SURVEYED,PLATTED ) FOR FORFEITURE
AND RECORDED IN DOUGLAS COUNTY, )
NEBRASKA,AND LOT 2,LINDEN ESTATES )
REPLAT 5,A SUBDIVISION,AS SURVEYED, )
PLATTED AND RECORDED, IN DOUGLAS )
COUNTY,NEBRASKA,LOCALLY KNOWN )
AS 1201 NORTH 138TH CIRCLE, AND 1225 )
NORTH 138TH CIRCLE, OMAHA,NEBRASKA )
and )
ONE 2003 CADILLAC ESCALADE, VIN )
1GYEK63N93R253497, )
)
Defendants. )
COMES NOW the Plaintiff,United States of America,and for its cause of action against the
Defendant states and alleges as follows:
1. The Court has jurisdiction of this matter pursuant to Title 28,United States Code,Sections
1345, 1355 and 1395, and pursuant to Title 18,United States Code, Sections 981 and 985.
2. The Defendant properties are described as follows:
Lots 32 and 33,Linden Estates,a subdivision as surveyed,platted and
recorded in Douglas County, Nebraska, and Lot 2, Linden Estates
Replat 5,a subdivision,as surveyed,platted and recorded,in Douglas
County, Nebraska, locally known as 1201 North 138th Circle and
1225 North 138th Circle, Omaha,Nebraska, 68154;
and
one 2003 Cadillac Escalade,VIN 1GYEK63N93R253497.
udge
PREPARED AND SUBMITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
Mehner Family Living Trust, Raymond M. Mehner, Trustee, is the record titleholder of the real
property. The Defendant vehicle is titled in the name of D Mark,Inc.
3. The Defendant properties are now and will be during the pendency of this action in the
judicial district of the State of Nebraska.
4. From an unknown date but at least as early as September 1, 2004, up to and including
November 30,2005,Mark Mehner was involved in bank fraud and wire fraud,in violation of Title
18,United States Code, Sections 1344 and 1343.
5. The Defendant properties constitute or are derived from proceeds traceable to the
violations of Title 18 mentioned in paragraph 4,above,in the following particulars:
a. On October 10, 2004, Mark Mehner (hereafter MM) was the
President of the Zion Lutheran Church. At the quarterly Voters'
Assembly over which he presided, MM told the Assembly he had
been contacted by a member of the congregation who wished to
remain anonymous,who was willing to donate 90 acres of raw land,
or its value, which he represented to be$1-2 million dollars, to the
church. MM said the donor had asked MM to represent Zion in the
transaction. MM told the congregation/board that the donor needed
$250,000 to recover his costs of acquiring the property,and that there
would be additional sale-related fees of approximately $10,000 to
$25,000. MM stated he signed a non-disclosure agreement with the
donor to keep the donor's identity secret. As President, MM was
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
b. Preliminarily, in a September 27, 2004 e-mail from
mmehner@direcway.com that went to, among others, the Bank of
Bennington and the church treasurer, MM broke down the initial
"donation"plan which was to be an actual sale of land to the church.
Eventually, in order to cut down on closing costs and to protect the
identity of the donor, it was proposed that there be a simultaneous
sale from the donor to the church, then from the church to a land
developer. There are at least 5 additional e-mails from MM regarding
the "donation" that pre-date the payment of the $250,000 by the
church.
c. On October 27th, 2004, the church took out a 60-day loan with the
Bank of Bennington in the amount of $250,000. MM was then
presented a Bank of Bennington cashier's check,which he had told
them to make out to the donor's"VLN Family Trust" for$250,000.
MM sais he personally delivered the check to the donor in the Omaha
area.
d. No such land deal was ever consummated,but MM has continued to
represent the property is still to be donated. As early as February I,
2005,he indicated to the Parish Planning Council there was an EPA
issue that needed to be resolved before the sale could be completed.
This later evolved into a methane/radon gas issue. On December 6,
2005,it was represented that there was a challenge to the donation by
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
1
presentation to the church board, in an attempt to get the church to
pay an additional$50,000 to buy off a nephew of the donor,who was
saying he would sue his uncle to prevent the donation. The church
did not agree to this payment. The church has had to pay interest on
the loan.
e. A few days later,Pastor Schmitt met with MM and attorney, Bruce
Charles Goodwin. They were objecting to a church investigation
regarding the donor,stating that the deal would be off if the donor did
not remain anonymous. MM and/or Goodwin threatened a slander
and defamation lawsuit if accusations continued against MM.
f. There are additional e=mails from mmehner@email.com in
September and October of 2005 addressing his demands for
additional funds from the church to repay funds he "advanced" for
miscellaneous expenses on the same donor's land. More money was
given to him.
THE FIRST KITING OFFENSE/BANK FRAUD
g. The donee"VLN Family Trust"account was created on October
26, 2004,one day prior to MM receiving the cashier's check from
the church. At the behest of MM, his former employee,Amy
Mason,opened the VLN Family Trust account at the Omaha State
Bank, with a$100.00 deposit. On October 26,2004, at the behest
of MM, his former employee,Amy Mason, opened, as trustee,the
VLN Family Trust account,#0100713959, at the Omaha State
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
Bank, with a$100.00 deposit. (She executed an Affidavit of Trust,
declaring it to be her living trust.) On October 27, 2004, at 1:10
p.m.,the cashier's check from the church was deposited into this
account. Over the next 13 months, multiple withdrawals were
made from this account at ATM's,or checks written to the benefit
of MM's companies,DMARK and Integrated Business Strategies;
on December 1, 2004, an Integrated Business Strategies check
paid for the Defendant Cadillac from Lexus, which Mark and
Andrea Mehner continue to drive. It is registered to D MARK, Inc.
h. On November 16, 2005, the VLN Family Trust account had
deposits totaling$244.00. On November 16, 2005,at the request of
MM,Amy Mason wrote check#1031 in the amount of$175,000,
to the Mehner Family Trust account at Wells Fargo Bank. At
12:08 pm, a woman brought the check to the Wells Fargo branch at
14666 West Center.
On October 3, 2005,MM's 81 year old father, Raymond Mehner
(hereafter RM), signed documentation creating the Mehner Family
Living Trust,with himself as trustee,his wife as trustee in the
event of his incapacity,and with MM as trustee upon the death of
RM. Trust documentation indicates the trust was to be initially
"funded with$300,000 and all of his interest in the September 7,
2005 sales agreement"(1201 North 138th Circle,see below).
0100713959, at the Omaha State
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
1
There is no indication in the trust document indicating where the
$300,000 is supposedly located.
j. On November 3,2005, in Sioux City Iowa, MM accompanied his
father to open Wells Fargo account #1379099029, titled Mehner
Family Trust(Raymond Mehner TTE),with a$100.00 deposit. At •
the time,MM claimed to be the Attorney in Fact for the Mehner
Family Trust,but he did not supply any documentation
substantiating his Attorney in Fact status. RM was the only
authorized signer on the account. There was one other deposit,on
November 17--$8,500 from a Wells Fargo credit card advance
(account#4465 4250 0075 3706, in the name of RM),plus an
interest earning of$4.73.
k. The VLN account"deposit"of$175,000.00 made it appear that,on
November 16, the Wells Fargo "Mehner Family Trust"account
had deposits totaling$183,604.73. Off of that amount,also on
November 16,in Omaha, "R.H. Mehner/MM"wrote 1) a counter
check for $90,000 to real estate agent Deb Cizek(see below),and
2) a counter check in Omaha for a$75,000 down payment to Asian
Development on an option contract for a property he intended to
buy. (He did not exercise the option within six months, so Asian
kept both the money and the property.) Both checks cleared the
Wells Fargo account.
2005 sales agreement"(1201 North 138th Circle,see below).
0100713959, at the Omaha State
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
1. On November 18,2005, check#1003 in the amount of$200,000,
written on the Mehner Family Trust account,was deposited into
the VLN Family Trust account. The check was signed Raymond
H. Mehner/MM. It made the VLN account appear to have deposits
totaling$200,214.00 until.November 25. The VLN account was
closed on November 30.
m. On November 21, Omaha State Bank rejected check#1031,in the
amount of$175,000,as NSF. The VLN Family Trust account
thereafter had deposits totaling$214.00.
n.. On November 21, Wells Fargo Bank rejected check#1003 in the
amount of$200,000 as NSF. Following a chargeoff for the$4.73
interest, a$33.00 overdraft fee, and a$7.00 returned check fee, the
Mehner Family Trust account thereafter had a negative balance in
the amount of$156,440,which is the loss to Wells Fargo. Wells
Fargo, via Brian Forkey, contacted RM, and he said he knew
nothing of the transaction and it was all handled by MM. MM
contacted Wells Fargo and gave a mumbo-jumbo explanation for
the checks' issuance.
AMY MASON
o. Amy Mason, the VLN Family Trust account trustee,who now
works for Peterson Bros. Insurance Company, first met MM in
2000 or so,when she worked as a temporary employee for MM's
Integrated Business Strategies in the Regency Park area. Mason
count.
2005 sales agreement"(1201 North 138th Circle,see below).
0100713959, at the Omaha State
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
stated she worked there for approximately one year, but has kept in
contact with MM since. Mason stated she trusted MM, so she
opened the VLN Family Trust account and maintained the bank
account checkbook. Mason stated she knew MM deposited a large
check shortly after opening the account. MM then would meet her
and ask her to write checks to him either for his Integrated
Business Strategies account or to a D-Mark account. She
understood many of the payments were then sent on to Creighton
University to pay for his son's education.
p. When MM arranged for Mason to write the$175,000 check to the
Mehner Family Trust account,he said there would be a large
deposit into the VLN Family Trust account before the$175,000
check would be presented for payment. (During this same time
frame, Mason had asked MM to help her with the purchase of
some land in Arizona. He told her she needed to obtain a loan for
$175,000 and place it into the VLN Family Trust account-they
signed an agreement on 11-14-05. Before obtaining the loan,
Mason received the appraisal for the property she was going to
purchase,which showed the land was valued at only
$125,000. Mason backed out of the purchase of the land in Arizona
due to MM wanting her to pay$175,000 for land valued at
$125,000.)
t.
2005 sales agreement"(1201 North 138th Circle,see below).
0100713959, at the Omaha State
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
1201 NORTH 138TH CIRCLE PROPERTY
q. In the summer of 2005, Deb Cizek of Ambassador Real Estate had
a$1,765,565.63 residential property for sale at 1201 North 138th
Circle. Due to past dealings with MM, she thought he might be
interested in purchasing this property,so she contacted him. They
reached an agreement that the Meiners would buy this property,
and MM signed a purchase agreement as attorney-in-fact for his
father, and Mehner Family Trust is listed as the purchaser, which
the sellers agreed to on September 7,2005. Closing was supposed
to be on November 3,but MM did not have the needed
$280,045.63 down payment. On November 4, Cizek had MM sign
a promissory note for$90,000 due on November 11, at which time
she loaned him$90,000 to help with closing.
r. RM did take out a$173,645 2nd mortgage on the property. MM
obtained five cashier's checks to make the$280,045.63 down
payment the day after closing(Nov 4`11). One cashier's check in the
amount of$90,000 came from Deb Cizek, three checks, totaling
$150,000 were from friends of Brian Troia(Asian Development)
who thought the funds were going to the development of an
Assisted Living community at 940 S. 192°d St., and one from
Integrated Business Strategies for$50,000. MM ended up getting a
little over$9,000 back from RELS Title since the cashier's checks
were in excess of$280,045.63.
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
s. On November 15, 2005, MM presented Ambassador Real Estate
the Wells Fargo check in the amount of$90,000, drawn on the
MM Family Trust account,made payable to Deb Cizek Cizek then
called her bank, Enterprise Bank,to verify the$90,000 check was •
good and would clear. Cizek stated her bank and Wells Fargo
Bank told her the check was good and the funds were in the
account. Cizek then deposited the check and it cleared.
t. Peterson Bros. Insurance Company owns the homeowners'policy
on 1201 North 138th Circle, Omaha.
CBS HOME MORTGAGE WIRE FRAUD
u. On November 3, 2005,Raymond and Barbara Mehner, with the
help of MM,closed a conventional mortgage with CBS Home
Mortgage(CBS executed the paperwork locally, but the mortgage
was actually with Wells Fargo), for the purchase of the lot at 1201
North 138th Circle. Several phoney loan documents had been
supplied to support the loan. 1. A promissory note from "Sponsor
Investments VP'to Raymond,in the amount of$2,000,000,
payable in monthly installments of$25,000(faxed to CBS from
MM on his Qwest fax line). Later investigation revealed there is no
such company in existence. 2. A purchase agreement between the
MM Family Trust as seller and "Sponsor Investments VI", to
purchase a partially described lot. The partial lot description is part
of the lot description for MM's residence at 940 South 192nd
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
•
Street,Elkhorn,Nebraska 68022 (faxed to CBS from MM). 3. A
Uniform Residential Loan Application for Raymond and Barbara,
which referenced the$25,000 monthly payments to Raymond. 4.
A Final Uniform Residential Loan Application for Raymond and
Barbara, which referenced the$25,000 monthly payments to
Raymond. 5. A US Bank statement for Integrated Business
Strategies account# 105700641746,reflecting a balance of$1,
821,075.44(faxed to CBS from MM). (Asian Development had
earned a$25,000 consultation fee from MM regarding the
development of the property at 940 South 192nd Street into an
Assisted Living community, and MM had talked Asian into giving
MM a First Community Bank check# 10229 made out to
Integrated Business Strategies in the amount of$1,731,996.66 in
return for a simultaneous check from MM to Asian in the amount
of$1,756,996.66. According to Troia,MM claimed he wanted to
create a$2,000,000"cost basis"to develop 940 S. 192nd Street,
and the large checks created that"cost basis") (Troia did not
know what MM meant by"cost basis"). 6. A closing statement
reflecting the sale of 10.009 acres from MM Family Partnership to
"Sponsor Investments VP'for$3,758,251.38 (faxed to CBS from
MM).
v. The final paperwork was mailed to Wells Fargo home office in
Minneapolis,but the deal was considered"done"prior to the
sidence at 940 South 192nd
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
mailing.,when the paperwork was signed and the down payment
was made locally. The mailing did nothing to affect the
transaction.
6. By reason of the foregoing,the Defendant property constitute or are proceeds of
violations of Title 18, United States Code,Section 1343 and 1344. The Defendant properties are
therefore subject to forfeiture to the United States of America under the provisions of Title 18,
United States Code, Section 981, and no other property rights should exist in them.
WHEREFORE,the Plaintiff,United States of America,prays the Defendant properties be
proceeded against for forfeiture in accordance with the laws and regulations of the rules of this
Court;that due notice be given to all interested parties to appear and show cause why forfeiture
should not be decreed;that the Defendant properties be condemned, as forfeited,to the United
States of America and disposed of according to law and regulation;that the costs of this action be
assessed against the Defendant properties; and for such other and further relief as this Court may
deem just and equitable.
UNITED STATES OF AMERICA,
Plaintiff
JOE W. STECHER
United States Attorney
7
By: NANCY SVOBODA{. `17429)
Assistant U.S. Attorney
1620 Dodge Street, Suite 1400
Omaha,Nebraska 68102-1506
(402)661-3700
s considered"done"prior to the
sidence at 940 South 192nd
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
1
VERIFICATION
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
Pursuant to Rule C(2), Supplemental Rules of Certain Admiralty and Maritime Claims,
Assistant United States Attorney for the District of Nebraska,Nancy A. Svoboda,being first duly
sworn,deposes and states that the facts set forth herein are true and correct according to the best
of her knowledge and belief.
../34 /.::....._._
NANCY A. S O A
Assistant U.S.Attorne
Subscribed and sworn to before me this.ay of February, 2007.
GENERAL NOTARY-State of Nebraska `' ` 11r —� ( `
jiz, PATRICIAA.CARMAN Nota Public
My Comm.ENT.April 24,2008 ry
Pursuant to the rules of this Court, the United States of America hereby requests the trial
of the above and foregoing action be held in Omaha,Nebraska, and that it be calendared
accordingly.
NANCY A. S
Assistant U.S. Attorney
ther and further relief as this Court may
deem just and equitable.
UNITED STATES OF AMERICA,
Plaintiff
JOE W. STECHER
United States Attorney
7
By: NANCY SVOBODA{. `17429)
Assistant U.S. Attorney
1620 Dodge Street, Suite 1400
Omaha,Nebraska 68102-1506
(402)661-3700
s considered"done"prior to the
sidence at 940 South 192nd
a family member. On January 15, 2006, MM gave a PowerPoint
authorized by the Assembly to handle the matter.
ITTED BY:
Michael F. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
FILED
U. S. DISTRICT COUR.I
DISTRICT OF NEBRASK
1°1
OFFICE OF THE CLERK w I" s NP SEALED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA, ) 8:07CR 63
)
Plaintiff, )
)
vs. ) INDICTMENT
) (18 U.S.C. §§2, 1343, 1344)
MARK ALAN MEHNER, )
)
)
Defendant. ) •
The United States Attorney charges:
COUNT I
Beginning with an e-mail sent by wire communication via direcway.com,dated on or about
September 27,2004,in the District of Nebraska,MARK ALAN MEHNER,the Defendant herein,
having devised and intended to devise a scheme and artifice to defraud the Zion Lutheran Church
in Douglas County,Nebraska,and having devised and intended to devise any scheme and artifice
to obtain money and property of the Zion Lutheran Church in Douglas County,Nebraska,which
scheme and artifice continues up to the date of the return of the Indictment herein, by means of
materially false and fraudulent pretenses,representations,and promises,did transmit and cause to
be transmitted,by means of wire communication in interstate commerce,any writings,signs,signals,
pictures, and sounds, including a series of a-mails sent by wire communication via both
direcway.com and gmail.com, for the purpose of executing such scheme and artifice, and said
scheme and artifice did affect a financial institution as defined by federal law at Title 18 United
States Code§20.
In violation of Title 18,United States Code,Sections 2 and 1343.
. Scahill - 16365
Cassem, Tierney, Adams,
Gotch & Douglas
8805 Indian Hills Drive, Suite 300
Omaha, Nebraska 68114-4070
(402)390-0300
xerted over another's personal property which deprives the owner of its property
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
COUNT II
Beginning on or about September 7,2005,and ending on or about the 30th day of November,
2005,in the District of Nebraska,MARK ALAN MEHNER,the Defendant herein,did knowingly
execute and attempt to execute a scheme and artifice to defraud the Wells Fargo Bank,a financial
institution as defined by federal law at Title 18 United States Code§20,and did knowingly execute
and attempt to execute a scheme and artifice to obtain any of the moneys, funds,credits, assets,
securities, and other property owned by and under the control of the said Wells Fargo Bank, by
means of materially false and fraudulent pretenses,representations,and promises,in an amount of
$156,440,more or less.
In violation of Title 18,United States Code,Sections 2 and 1344.
COUNT III
Beginning on or about August 1 2005,and culminating on or about Novemb
er ber 3,2005,in
the District of Nebr
aska, MARK ALAN MEHNER, the Defendant herein, having
ving devised and
intended to devise a scheme and artifice to defraud the CBS Home Mortgage Company and Wells
Fargo Bank,and having devised and intended to devise any scheme and artifice to obtain money and
property of the CBS Home Mortgage Company and Wells Fargo Bank,by means of materially false
and fraudulent pretenses,representations,and promises,did transmit and cause to be transmitted,
by means of wire communication in interstate commerce,any writings,signs,signals,pictures,and
sounds,including a series of documents faxed by the said Mark Mehner to the CBS Home Mortgage
Company and Wells Fargo Bank, beginning on or about October 16, 2005, for the purpose of
executing such scheme and artifice,and said scheme and artifice did affect a financial institution as
defined by federal law at Title 18 United States Code§20.
In violation of Title 18,United States Code, Sections 2 and 1343.
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
•
•
COUN!'IV
Beginning on or about August 18,2006, and ending on or about August 31, 2006, in the
District of Nebraska,MARK ALAN MEHNER,the Defendant herein,did knowingly execute and
attempt to execute a scheme and artifice to defraud the Wells Fargo Bank,a financial institution as
defined by federal law at Title 18 United States Code§20,and did knowingly execute and attempt
to execute a scheme and artifice to obtain any of the moneys, funds,credits,assets,securities,and
other property owned by and under the control of the said Wells Fargo Bank,by means of materially
false and fraudulent pretenses,representations,and promises,in an amount of S25,000,more or less.
In violation of Title 18,United States Code,Sections 2 and 1344.
A TRUE BILL
111111111111
FO
O CHE
United States Attorney
The United States of America requests that trial of this case be held in Omaha,Nebraska,pursuant
to the rules of this Court.
�cyn �• (rEu-¢ MIC L D. MAN
�m L:;) iJ Assistant U.S.Attorney
o f—
�� ci z
E r--o (N;
cr)
-a t .
F-
Cl) Cj L.
n a
Company and Wells Fargo Bank,by means of materially false
and fraudulent pretenses,representations,and promises,did transmit and cause to be transmitted,
by means of wire communication in interstate commerce,any writings,signs,signals,pictures,and
sounds,including a series of documents faxed by the said Mark Mehner to the CBS Home Mortgage
Company and Wells Fargo Bank, beginning on or about October 16, 2005, for the purpose of
executing such scheme and artifice,and said scheme and artifice did affect a financial institution as
defined by federal law at Title 18 United States Code§20.
In violation of Title 18,United States Code, Sections 2 and 1343.
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
Douglas County Account Information Page 1 of 3
Douglas County, Nebraska Property Record - R0119300003
Print Report
Information is valid as of 2007-11-20 View on Map
Treasurer's Tax Report
Owner
TEMPRO SERVICES INC
612 VALLEY VIEW DR
MOLINE IL 61265-0000
Property Information
Key Number: 1930 0003 01
Account Type: Rural Res <=20
Parcel Number: 0119300003
Parcel Address: 940 S 192 ST
DOUGLAS COUNTY NE 68022-0000
Legal Description: LANDS SEC-TWN-RGE 19-15-11 -EX N 97 S903 W276 E309 FT- N870 S903 W547
E580 FT 10.3 ACRES
Value Information
Land Improvement Total
2007 $175,100.00 $376,100.00 $551,200.00
2006 $163,200.00 $376,100.00 $539,300.00
2005 $163,200.00 $237,900.00 $401,100.00
2004 $163,200.00 $237,900.00 $401,100.00
2003 $163,200.00 $237,900.00 $401,100.00
2002 $0.00 $0.00 $0.00
Sales Information
Sales Date: 2001-01-01
Deed Type: QC Book: 2203 Page: 230
Price: $525,000.00
Grantor:
Grantee:
Valid/Invalid:
Exclusion Reason: null
Sales Date: 2000-11-30
Deed Type: D Book: 2169 Page: 154
Price: $600,000.00
Grantor:
i'fi::0a;iat
e„YIt " :"
http://douglasne.mapping-online.com/DouglasCoNe/static/s
ng a series of documents faxed by the said Mark Mehner to the CBS Home Mortgage
Company and Wells Fargo Bank, beginning on or about October 16, 2005, for the purpose of
executing such scheme and artifice,and said scheme and artifice did affect a financial institution as
defined by federal law at Title 18 United States Code§20.
In violation of Title 18,United States Code, Sections 2 and 1343.
permanently, or for an indefinite period of time, has been established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
1
Douglas County Account Information Page 2 of 3
,
Grantee:
Valid/Invalid:
Exclusion Reason: null
Land Information
Acres SF FF Units Depth Width Vacant
10.3 448667.0 0.0 1.0 0.0 0.0 No
Improvement Information
Building 1
.4,--r.
Rr a I:5 rig^- t :ii Ef �'J
. %l 1Firs:Floor I zd F-r�r�!_ "
1Y * �F .214.0sq.ft. ^ _r I, t5,i 5q i
1 2xr v. - 2 41..Inn f r k'i, �agc
)
js
iP ti 1,hl Lir �.c �� 1xlr1'
Z " ,) 7FF
2 STORY
rz li
'U^il.l 20112.--Unu^lav(loom.�.as.o
CLICK TO ENLARGEIMAGE. CLICK TO ENLARGE IMAGE
Square Footage: 3474.0 Percent Complete: 100.0%
Perimeter 0.0 Quality: Very Good
Unit Type: Condition: Very Good
Owner Occupied: No Condo Square Footage: 0.0
Built As: 2 Story Rooms: 9.0
HVAC: Central Air to Air . Units: 1.0
Exterior: Masonry Face Brick Baths: 2.5
Interior: Drywall Bedrooms: 4.0
Roof Cover: Built Up Rock Stories: 2.0
Roof Type: Gable Foundation: Block
Floorcover: Allowance Sprinkler Square Footage: 0.0
Year Built Year Percent Adjusted Year Physical Age
Remodeled Remodeled Built
1983 0 0% 1983 23
Detail Type Detail Description Units
Add On Brick Veneer 400.0
Appliance Allowance 1.0
Appliance Fireplace Metal 1.0
Appliance Security System 1.0
http://douglasne.mapping-online.com/DouglasCoNe/static/accountinfo j sp?accountno=R0 1 1... 1/8/2008
n established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
i
Douglas County Account Information Page 3 of 3
•
Basement Bsmnt Block 8 ft 1194.0
Fixture Base Fixtures 1.0
Fixture Bath Full 2.0
Fixture Bath Half 1.0
Garage Built In 936.0
Garage Detached 1728.0
Porch Cvrd Wood Deck 312.0
Porch Slab Roof Ceil 50.0
Porch Wood Deck 64.0
http://douglasne.mapping-online.com/DouglasCoNe/static/accountinfo.j sp?accountno=R0 1 1... 1/8/2008
Mark A. Mehner
er
Douglas County Treasurer - Real Property Tax Inquiry Page 1 of 1
•
Douglas County Treasu
Taxpayer Information
Mailin Address: 612 VALLEY VIEW DR
g MOLINE,IL 61265
1 �
Property Information
Parcel Number: 0119300003
Key Number: 1930 0003 01
Treasurer's Home Page Property Address: 940 SOUTH 192 STREET
Contact Us Legal Description: LANDS SECT 19 TOWN 15 RANGE 11
Search Page
Tax Information for 2007
Property Value: $551,200.00 Assessor's Valuation Page
Tax Levy: 1.79714 _Lew Info.
Tax Amount: $9,447.14 Special Conditions
Payment History
Tax Tax Payment
Year Amount Date Principal Interest Total
2007 $9,447.14 NONE $0.00 $0.00 $0.00
2006 $9,521.30 01-03-2007 $9,521.30 $0.00 $9,521.30
2005 $6,929.28 04-25-2006 $6,929.28 $27.91 $6,957.19
2004 $7,027.04 09-15-2005 $3,513.52 $71.43 $3,584.95
05-16-2005 $3,513.52 $71.43 $3,584.95
2003 $7,065.74 11-01-2004 $3,532.87 $135.51 $3,668.38
05-24-2004 $3,532.87 $82.66 $3,615.53
2002 $6,866.00 03-02-2004 $6,866.00 $729.49 $7,595.49
http://webapps.dotcomm.org:8080/TreasTax/faces/pages/taxinfo.j sp?parc=0 1 193 00003 1/8/2008
Square Footage: 0.0
Year Built Year Percent Adjusted Year Physical Age
Remodeled Remodeled Built
1983 0 0% 1983 23
Detail Type Detail Description Units
Add On Brick Veneer 400.0
Appliance Allowance 1.0
Appliance Fireplace Metal 1.0
Appliance Security System 1.0
http://douglasne.mapping-online.com/DouglasCoNe/static/accountinfo j sp?accountno=R0 1 1... 1/8/2008
n established by Zion, as
well as the elements required to prove a cause of action for fraudulent
misrepresentation as previously discussed.
Zion was required to borrow money from the Bank of Bennington,
Bennington, Nebraska in order to pay Mark Mehner the $250,000.00 and the
$41,515.74 for expenses. Per the Affidavit of Leslie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
Justice Case Search Page 1 of 1
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There will be a $0.60 charge made to your Nebr aska.gov account for each
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Results For: Troia, Brian
TROIA,BRIAN, (DEF) Case Number:C 01 CI 06 0004237
Constantino v.Asian Development Co.LL•S Civil case from Douglas County Court
Judge:Caniglia,Joseph,P Attorney:
TROIA,BRIAN, (DEF) Case Number:C 01 CI 07 0002982
Richard L Williamson v.Brian Troia Civil case from Douglas County Court
Judge:Lowe,Darryl,R Attorney:
TROIA,BRIAN, (DEF)- Case Number:C 06 CI 07 0000107
Vasa v.Reddick Development Co.,LLC Civil case from Saunders County Court •
Judge:Miller,Marvin,V Attorney:Unknown or None Assigned
TROIA,BRIAN,A (DEF) Case Number:C 01 CI 07 0019033
Citibank South Dakota NA v.Brian Troia Civil case from Douglas County Court
Judge:McQuade,Thomas,G. Attorney:Unknown or None Assigned
TROIA,BRIAN,A (DEF) DOB:05/17/1977 Case Number:C 01 TR 02 0025409
State v.Brian A Troia Traffic case from Douglas County Court
Judge:No Judge Assigned Attorney:Unknown or None Assigned
TROIA,BRIAN,A (DEF) DOB:05/17/1977 Case Number:C 01 TR 07 0007403
State v.Brian A Troia Traffic case from Douglas County Court
Judge:No Judge Assigned Attorney:Unknown or None Assigned
TROIA,BRIAN,A (DEF) DOB:05/17/1977 Case Number:C 02 CR 98 0001024
State v.Brian A Troia Criminal case from Lancaster County Court
Judge:No Judge Assigned Attorney:Unknown or None Assigned
TROIA,BRIAN,A (DEF) DOB:05/17/1977 Case Number:C 02 CR 98 0012451
State v.Brian A Troia Criminal case from Lancaster County Court
Judge:No Judge Assigned Attorney: Unknown or None Assigned
JUSTICE: Nebraska Trial Courts Case Search System Home
https://www.nebraska.gov/justice/name.cgi 1/7/2008
lie Andersen offered in support
beginning in October of 2004 when
this scam was first perpetrated on Zion.
communication. Personal messages express views solely of
the sender and shall not be attributed to the law firm. If you received this communication in error, please notify
the sender immediately by e-mail or by telephone at (402)392-0101.
From: Mark Mehner [mailto:mmehner@gmail.com]
Sent: Tuesday, April 25, 2006 8:38 AM
To: H. Daniel Smith - _., ';r 3,0
7/30/2007
ns are riddled with chronological black holes,
reckless statements of fact, haphazard shifts in verb tense which, by concealing or ignoring the
temporal relationship between events, your hope is to make an analysis of the claim impossible.
The facts are inconsistent with your best efforts.
, Justice Case Search Page 1 of 2
:, ,:. r. 3 Subscription Service
J1iici
Courts Homepage Case Search Name Search Have Questions?
Page 1: 1 to 16 of 16 Results
Please click on the "Details" button to the ri ght of the case you wish to view.
There will be a $0.60 charge made to your Nebr aska.gov account for each
detailed listing you view, however duplicate s earches made within a
fifteen (15) minute time period will not be ch arged.
Results For: Mehner, Mark
MEHNER,MARK, (DEF) Case Number:C 01 CI 93 9130598
Account Recovery,Inc.,v.Mark Mehner Civil case from Douglas County Court
Judge:McQuade,Thomas,G. Attorney: Unknown or None Assigned
MEHNER,MARK, (DEF) Case Number:C 01 CI 93 9145852
Debra M Maxwell v.Mark Mehner Civil case from Douglas County Court
Judge:McQuade,Thomas,G. Attorney: Unknown or None Assigned
MEHNER,MARK, (DEF) Case Number:C 01 CI 07 0001640
DominaLaw Group v.Mark Mehner Civil case from Douglas County Court
Judge:Huber,John,E Attorney:
MEHNER,MARK, (DEF) Case Number:C 01 CI 93 9064376
Donald R James v.Mark Mehner Civil case from Douglas County Court
Judge:No Judge Assigned Attorney: Ferguson,Jay,
MEHNER,MARK, (DEF) Case Number:C 01 CI 07 0012650
First Community Bank,v.Mark Mehner Civil case from Douglas County Court
Judge:Hendrix,Marcena, Attorney: Unknown or None Assigned
MEHNER,MARK, (DEF) Case Number:C 01 CI 93 9077977
Jay A Ferguson Attorney v.Mark Mehner Civil case from Douglas County Court
Judge:McGrath,John,J. Attorney: Unknown or None Assigned
MEHNER,MARK, (PLF) Case Number:C 01 CI 93 9131186
Mark Mehner v.Robert J Thomas Civil case from Douglas County Court
Judge:Ashford,W.Mark, Attorney: Unknown or None Assigned
MEHNER,MARK, (DEF) Case Number:C 01 CI 02 0005944
Nebraska Furniture Mart,v.Mark Mehner Civil case from Douglas County Court
Judge:Atkins,Edna,R. Attorney:Guinan,Patrick,R,
MEHNER,MARK, (DEF) Case Number:C 01 CI 93 9092140
Nor-Jen Cam.,v.Mark Mehner Civil case from Douglas County Court
Judge:McGrath,John,J. Attorney: Unknown or None Assigned
MEHNER,MARK, (DEF) Case Number:C 01 CI 93 9135517
Nor-Jen Corp.,v.Mark Mehner Civil case from Douglas County Court
Judge:Vondrasek,Robert,C. Attorney:Ford,Patrick,M
MEHNER,MARK, (DEF) Case Number:C 01 SC 93 9017384
Randy Hottmann v.Mark Mehner Small Claims case from Douglas County Court
Judge:No Judge Assigned Attorney: Unknown or None Assigned
MEHNER,MARK, (DEF) Case Number:C 01 CR 07 0004367
State v.Mark Mehner Criminal case from Douglas County Court
Judge:No Judge Assigned Attorney:Troia,Anthony,S
MEHNER,MARK,A. (DEF) Case Number:C 01 SC 93 9017610
Kristine S Kircher v.Mark A Mehner Small Claims case from Douglas County Court
Judge:No Judge Assigned Attorney: Unknown or None Assigned
https://wwvv.nebraska.gov/justice/name.cgi 1/7/2008
� 1
Justice Case Search Page 2 of 2
• MEHNER,MARK,A. (DEF) Case Number:C 01 SC 93 9017649
Mark A Jones v.Omni Group Inc. Small Claims case from Douglas County Court
Judge:No Judge Assigned Attorney: Unknown or None Assigned
MEHNER,MARK,A. (DEF) Case Number:C 01 CI 93 9138309
Mike Construction v.Mark A Mehner Civil case from Douglas County Court
Judge:McQuade,Thomas,G. Attorney: Unknown or None Assigned
MEHNER,MARK,A. (DEF) Case Number:C 01 CI 93 9052590
Nebraska Furniture Mart,Inc.,v.Mehner Civil case from Douglas County Court
Judge:No Judge Assigned Attorney: Unknown or None Assigned
JUSTICE: Nebraska Trial Courts Case Search System Home
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