Filing# 203284138 E-Filed 07/24/2024 06:07:24 PM

IN THE CIRCUIT COURT FOR THE

SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
CASE NO.:
TODD HOLLANDSWORTH and MARCI
HOLLANDSWORTH,

Plaintiffs,

ARPAD, LLC, a Florida Limited Liability

Company, LONNIE MOSS, and MISTY
MOSS,

Defendants.
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COMPLAINT

COME NOW, Todd Hollandsworth and Marci Hollandsworth,

the Plaintiffs, by and

through the undersigned counsel, hereby files this Complaint, and in support thereof,states as

follows:

PARTIES, JURISDICTION, AND VENUE

1. The Plaintiff,Todd Hollandsworth, is a resident of Broward County, Florida and

at all times material here to is ??i ilgis-

2. The Plaintiff,
Marci Hollandsworth, is a resident of Broward County, Florida and

at all times material here to is ??i ilgis-

3 The Defendant, ARPAD, LLC, is company with its

a Florida limited liability

princ*alplaceo f business in Broward County, Florida.

4. The Defendant, Lonnie Moss, is a resident of Broward County, Florida and at all

times material here to is igi iuris-

5. The Defendant, Misty Moss, is a resident of Broward County, Florida and at all

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 07/24/2024 06:07:23 PM.****
times material here to is iui juris.

6. This is an action within the Court's jurisdiction

pursuant to Fla. Stat. § 26.012.

7. Venue is proper in Broward County, Florida pursuant to Fla. Stat. § 47.011

because the cause of action accrued in Broward County, Florida.

FACTS

8 Lonnie Moss and Misty Moss used their relationship

with the Plaintiffs in order to

induce them into givingthem money under the guiseof an investment opportunity.

9- Lonnie Moss promised the Plaintiffs that, due to his business connections and

acumen, he would be able to provide substantial returns on any funds invested with him.

10. As a result of the continued pressure and assurances made by Lonnie Moss and

Misty Moss, the Plaintiffs agreed to invest money with Lonnie Moss and Misty Moss.

11. At no time during the initial discussions was Arpad, LLC ("Arpad") mentioned to

the Plaintiffs.

12. Lonnie Moss and Misty Moss are authorized members of Arpad.

13. The Plaintiffs only became aware of Arpad's existence when Lonnie Moss

presented the Plaintiffs a proposed contract ("Investment Contract")with Arpad. Due to the

Plaintiffs with Lonnie Moss and based upon his promises and assurances,
personalrelationship

the Plaintiffs entered into the Investment Contract with Arpad.

14. Lonnie Moss signed the Investment Contract on behalf o f Arpad.

15. The Investment Contract requiredthe Plaintiffs to invest $325,000 with Arpad.

The Defendants promised that "the invested funds will be put into trade and the minimum

expected return of $12,500,000 will be paid monthly for a total of 10 months". A true and correct

copy of the Investment Contract is attached hereto as Exhibit vr.

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 16. Based on the promises and representationsof the Defendants, the Plaintiffs

tendered the $325,000 pursuant to the terms of the Investment Contract.

17. When the first monthly return became due and owing to the Plaintiffs,
Arpad

failed to make the payments.

18. When the payments were not timely paid Todd

to the Plaintiffs, Hollandsworth

began asking for updates related to the investment from Lonnie Moss. Todd Hollandsworth

continuallysoughtupdatesrelated to the invested funds.

19. However, at no point in time was payment coming from Arpad. Instead, Lonnie

Moss continuallyadvised Todd Hollandsworth that the payments were delayed and would be

corningshortly.

20. Month after Month, Lonnie Moss continued to reassure the Plaintiffs and told

them the money was safe and that the payments would be coming in soon.

21. After months of delay,with none of the promised payments, Lonnie Moss began

tellingthe Plaintiffs that they were seeking other avenues to obtain the promised returns on the

Investment Contract.

22. Defendants continued to fail to provide any payments. The Defendants continued

the same delay strategy and continuallytold the Plaintiffs that the payments would be coming

shortly.

23. Yet again,no payments related to the investment funds were made.

24. During this same time period,Misty Moss also offered assurances that the money

was safe and the funds would be forthcoming.

25. Upon information and belief,the Arpad did not actuallyinvest the $325,000.

26. Based on knowledge and belief,Arpad, Lonnie Moss, and Misty Moss took the

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funds and absconded with it for their own personalbenefit.

27. As a result,the Plaintiffs never received any return payments whatsoever related

to the Investment Contract.

28. suit have been satisfied.

All conditions precedentpriorto filing

COUNTI-FRAUD
29. The Plaintiff re-alleges,re-states, and re-incorporatesparagraphs 1 to 28 as if

fullystated herein.

30. This is an action for fraud againstArpad, Lonnie Moss and Misty Moss.

31. At all times material hereto, Lonnie Moss and Misty Moss were acting as

authorized agents of Arpad related to the Investment Contract.

32. Lonnie Moss and Misty Moss contacted the Plaintiffs to discuss a potential

investment opportunitywith Arpad.

33. Lonnie Moss and Misty Moss told the Plaintiffs that if they invested $325,000

with Arpad that they would receive significant

returns paid out over a one-year period.

34. Lonnie Moss and Misty Moss took the Plaintiffs' funds on behalf of Arpad.

35. Lonnie Moss and Misty Moss told the Plaintiffs' that the funds would be invested.

36. Upon information and belief,Lonnie Moss, Misty Moss and Arpad never invested

the Plaintiffs' funds.

37. Instead, Lonnie Moss used the funds provided to Arpad for his own use and

benefit and for the use and benefit of his wife, Misty Moss.

38. Lonnie Moss and Misty Moss continuallymisrepresentedwhen the returns would

be paid out and continuallytold the Plaintiffs that the returns should be "paid out next week".

39. However, due to the misappropriationof the funds by Lonnie Moss, Misty Moss

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and Arpad, there were no returns from the investment.

40. The Plaintiffs would not have invested their funds with Arpad, but for the false

and misleading statements made by Lonnie Moss and Misty Moss.

41. As a result of the false and misleading statements made by Lonnie Moss and

Misty Moss, the Plaintiffs have been damaged.

WHEREFORE, the Plaintiffs, Todd Hollandsworth and Marci Hollandsworth,

respectfully
request that this Court enter an Order determiningthat Arpad, Lonnie Moss and

Misty Moss obtained the invested funds through false pretenses and enteringjudgment against

the Defendants for damages, includingpre-judgment interest togetherwith such other and further

relief this Court deems justand proper.

COUNT II - PIERCING THE CORPORATE VEIL

42. The Plaintiff re-states, and re-incorporates
re-alleges, paragraphs 1 to 28 as if

fullystated herein.

43. This is an action to piercethe corporate veil o f Arpad and seeks the determination

that Arpad is the alter egos of Lonnie Moss and Misty Moss.

44. Arpad is a Florida Limited Liability

Company that was created by Lonnie Moss

and Misty Moss.

45. Lonnie Moss and Misty Moss are the sole shareholders and they have failed to

keep the corporate formalities related to Arpad.

46. Arpad was created by Lonnie Moss and Misty Moss for an improper purpose and

was used to defraud potential out of the funds invested with Arpad.
investors,like the Plaintiffs,

47. In addition, Lonnie Moss and Misty Moss have co-mingled Arpad's corporate

assets with their own personalassets.

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 48. Lonnie and Misty Moss have used Arpad's corporate funds as their own personal

slush fund.

49. Plaintiffs were damaged as a direct and proximate cause of Lonnie Moss and

Misty Moss's mismanagement ofArpad.

50. As a result of the improper conduct related to the management of Arpad, the

Plaintiffs have suffered damages.

WHEREFORE, the Plaintiffs, Todd Hollandsworth and Marci Hollandsworth,

respectfullyrequest that this Court enter an Order piercing the corporate veil and finding that

Lonnie Moss and Misty Moss are the alter egos of Arpad, togetherwith such other and further

relief this Court deems justand proper.

COUNT III - TORTIOUS CIVIL CONSPIRACY

51. The Plaintiff re-states, and re-incorporates
re-alleges, paragraphs 1 to 28 as if

fullystated herein.

52. This is an action for Tortious Civil Conspiracy against the Defendants Arpad,

Lonnie Moss, and Misty Moss.

53. Arpad entered into an Investment Contract with the Plaintiffs.

54. Lonnie Moss and Misty Moss were the managing members of Arpad.

55. At the time Arpad entered into the Investment Contract with the Plaintiffs,
Arpad,

Lonnie Moss, and Misty Moss had no intent of investingthe Plaintiffs' investment funds.

56. Instead,Lonnie Moss and Misty Moss intended to use the investment funds for

their own personalbenefit,rather than comply with the terms of the Investment Contract.

57. In furtherance ofthe conspiracy,Lonnie Moss and Misty Moss made various false

return on investment statements.

statements to the potential

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 58. While these statements were being made, Lonnie Moss and Misty Moss were

fully aware that the investment funds provided to Arpad were not actuallyinvested in any

manner whatsoever.

59. Instead,Lonnie Moss and Misty Moss were using the investment funds for their

own personalbenefit.

60. As a direct and proximate cause of the actions taken by Arpad, Lonnie Moss, and

Misty Moss, the Plaintiffs have suffered damages.

WHEREFORE, the Plaintiffs, Todd Hollandsworth and Marci Hollandsworth,

request that
respectfully this Court enter an Order awarding the Plaintiffs damages togetherwith

such other and further relief this Court deems justand proper.

COUNT IV - CIVIL THEFT

61. The Plaintiff re-states, and re-incorporates
re-alleges, paragraphs 1 to 28 as if

fullystated herein.

62. This is an action for Civil Theft pursuant to Florida Stat. § 772.11 againstthe

Defendants Arpad, Lonnie Moss, and Misty Moss.

63. Arpad entered into an Investment Contract with the Plaintiffs.

64. Lonnie Moss and Misty Moss were the managing members of Arpad.

65. At the time Arpad entered into the Investment Contract with the Plaintiffs,
Arpad,

Lonnie Moss, and Misty Moss had no intent of investingthe Plaintiffs' investment funds.

66. Instead,Lonnie Moss and Misty Moss intended to use the investment funds for

their own personalbenefit,rather than comply with the terms of the Investment Contract.

67. Lonnie Moss made various false statements to the potentialreturn on investment

statements.

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 68. Misty Moss made reassuring statements to Marci Hollandsworth and Marci

Hollandsworth's friends when questionedabout the Investment Contract. Misty Moss told Marci

Hollandsworth and her friends that the Investment Contract would make Todd and Misty

Hollandsworth very wealthy.

69. While these statements were being made, Lonnie Moss and Misty Moss were

fully aware that the investment funds provided to Arpad were not actuallyinvested in any

manner whatsoever.

70. Instead,Lonnie Moss and Misty Moss were using the investment funds for their

own personalbenefit.

71. As a direct and proximate cause of the actions taken by Arpad, Lonnie Moss, and

Misty Moss, the Plaintiffs have suffered damages.

72. The Plaintiffs are entitled to treble damages pursuant to Florida Stat. § 772.11.

73. If, after 30 days from service of a Civil Theft Letter, the Defendants have still

failed to comply with the demand for payment of the funds, then the Defendants will be liable for

a cause of action for civil theft,includingtreble damages and attorneys'fees.

WHEREFORE, the Plaintiffs, Todd Hollandsworth and Marci Hollandsworth,

respectfully
request that this Court enter an Order awarding the Plaintiffs damages, including

treble damages, in the amount of $975,000, togetherwith and award of attorneys'fees and such

other and further relief this Court deems justand proper.

COUNT V - BREACH OF CONTRACT

74. The Plaintiffs re-state, and re-incorporate
re-allege, paragraphs 1 to 28 as if fully

stated herein.

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 75. This is an action for breach of contract againstthe Defendants. This Count is

brought solelyin the alternative to remaining counts in the event that Defendants contend that

they did not perpetrate a fraud and steal the Plaintiffs' money.

76. If this was not the product of fraud,then the Plaintiffs and Arpad entered into the

Investment Contract attached as Exhibit vr.

77. The Plaintiffs fullyperformed under the contract and provided Arpad with the

$325,000 for the purposes of investment.

78. Arpad was required to ensure that "the invested funds will be put into trade and

the minimum expected return of $12,500,000 will be paid monthly for a total of 10 months".

79. Arpad failed to perform its duties and it did not comply with the terms of the

Investment Contract.

80. Arpad breached the contract by not making the required minimum return

payments pursuant to the terms of the Investment Contract.

81. As a result of Arpad's breach, the Plaintiffs have suffered damages and are

entitled to damages.

WHEREFORE, the Plaintiffs, Todd Hollandsworth and Marci Hollandsworth,

respectfullyrequest that this Court enter an Order determining that Arpad breached the

Investment Contract and awarding them their damages for Arpad's breach, togetherwith such

other and further relief this Court deems justand proper.

JURY DEMAND

Plaintiffs demands a trial by jury as to all issues so triable.

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Dated this 24th day of July 2024.
Respectfullysubmitted,

THE LAW OFFICE OF

MOSIER VALENTINE, P.A.
3101 North Federal Highway, Ste. 600
Fort Lauderdale, FL 33306
Tel: (954) 210-8863
Fax: (954) 449-6697

By: /s/Brian C. Valentine

Brian C. Valentine, Esq.
Florida Bar No.. 101968
Email: [email protected]
Rae Lynn Mosier, Esq.
Florida Bar No.. 93617
Email: [email protected]

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 From: lonnie @
Subject: Agreement
Date: February 28,2022 at 2:38 PM
To:

Lonnie Moss
Premier Planning & Investments, Inc.

ARPAD, LLC
901 S FEDERAL HIGHWAY
FT. LAUDERDALE.FL 33316

This agreement Is made February 282022 bet-Mi Afpad LLC and Todd and Marci

Hollandswofth for the purpose of,nve5trrent 40 a prr:ate trade program The total invested

amoumis $325.00000 Min.'estec Mds nilte put.rito tfade ara the Mmmm emted
retu,n of S 12 500.000 00 wit bo pad mcnthly for aleta! of 10 monlhs Funds wllf be wired from

any account de,gnaled b/Todd and Maro

Arrad, LLC bank account to Holfandsworth This

Meemnlmmumslmentireundejmam of tmmm?mentchms Io lh smemnl

w'jll be made In wr,1 ng from Dnn raly to arK:thef

ARPAD, LLC
'

TODD HOLLANDSWORTH

7WTiLG?tmlia?ZD

Exhibit "A"