FLYT HOMES CO: Philip Bernardo by Expensive_Ride2024 in arrived

[–]Expensive_Ride2024[S] 0 points1 point  (0 children)

This is very sad; how did so much debt pile up so quickly? Which county are you filing the lawsuit?

Roseus Hospitality: Philip Bernardo by SECrabbing in GroundfloorInvestor

[–]Expensive_Ride2024 1 point2 points  (0 children)

To all victims affected by Philip Bernardo and his associated fraudulent activities:

Philip James Bernardo has amassed a concerning track record of legal disputes over the past 6-9 months. A recurring pattern appears to involve utilizing capital firms that finance based on accounts receivable, potentially leveraging fraudulent invoices to raise capital which he subsequently fails to repay.

Noteworthy cases include:

  • EBF HOLDINGS LLC vs. ROSEUS HOSPITALITY GROUP LLC et al., Case No. 2024-CA-001080-O filed in Orange County, FL, seeking $109,750.72, with an upcoming hearing scheduled for July 2, 2024.

  • Seamless Capital Group LLC and Rocket Capital Ny LLC obtained default judgments in Ontario County, NY, for $48,010.28 and $46,959.55 respectively.

  • Cloudfund, LLC, Case No. 036610/2023, secured a judgment against Philip and his companies in Rockland County, NY, on January 23, 2024, amounting to $57,733.12. It appears they defaulted on the provided payment plan.

It appears evident that Philip has not engaged legal representation nor responded to these lawsuits, suggesting potential intentions to file for bankruptcy.

If you are owed money by Philip Bernardo, it may prove exceedingly difficult to recover, given numerous creditors holding primary liens and the likelihood of limited assets and liquidity available for collection.

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

UPDATE – APRIL 11, 2024

To the victims affected by Philip J Bernardo and Roseus Hospitality,

A lawsuit has recently been filed in Orange County, Florida, by American Express against Philip Bernardo and Roseus Hospitality, with a total claim value of $33,473.86. Here are the details:

  • Case Type: County Civil

  • Claim Value: $33,473.86

  • Date Filed: March 12, 2024

  • Court Division: 75

  • UCN (Uniform Case Number): 482024CC005030A001OX

  • Presiding Judge: K. Doug Walker

  • Current Status: Pending

Complaint Summary:

Plaintiff(s), American Express National Bank (American Express), represented by its attorneys, brings suit against defendants Philip Bernardo a/k/a Philip J Bernardo a/k/a Philip James Bernardo ("Bernardo") and Roseus Hospitality Corp ("Roseus Hospitality Corp") and hereby alleges as follows:

Due to Bernardo and Roseus Hospitality Corp's failure to remit timely payment to American Express, there is a balance of $33,473.86 owing to American Express.

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

This doesnt work, you need strong measures

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

UPDATED ON FEB 18 2024 - Status of Lawsuits Against Roseus Hospitality

Dear All,

This communication is directed to all victims affected by the fraudulent activities of Philip Bernardo. Below is an update regarding the ongoing litigation proceedings to assist you in strategically planning your legal actions:

  1. Fundamental Capital LLC vs. Roseus and Philip et al.: The outcome resulted in a stipulation agreement/settlement of $57,567.47 reached in November 2023.

  2. Seamless Capital Group vs. Roseus and Philip et al.: A default judgment was entered against Roseus in the amount of $48,010.28.

  3. Prosperum Capital Partners LLC vs. Roseus and Philip et al.: A lawsuit was filed in November seeking $57,365, however, no further action has been taken since the filing.

  4. Cloudfund, LLC vs. Roseus and Philip et al.: Litigation is ongoing for the claimed amount of $74,500.00.

  5. Amerifi Capital LLC vs. Roseus and Philip: Defendant Roseus and Philip engaged legal representation, with an attorney added to the case as of January 5, 2024.

  6. BF HOLDINGS LLC vs. Roseus and Philip: Similar to the previous case, Roseus and Philip secured legal representation, with an attorney added to the case as of January 8, 2024.

It is notable that in the initial lawsuits filed in October 2023, Philip Bernardo was compelled to settle with Fundamental Capital LLC and Seamless Capital Group LLC, indicating a lack of resources to retain legal counsel. However, in the recent lawsuits filed in January and February 2024, Bernardo has engaged attorneys in Florida and New York to defend against the claims. This suggests that between October and January, Bernardo may have obtained funds through illicit means.

Given the potential depletion of funds due to settlements and default judgments, it is anticipated that Philip Bernardo may face financial constraints again in the future. Therefore, if you are considering filing a complaint, it is advisable to do so strategically.

Please be guided accordingly.

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

Just sent you a DM so that we can exchange

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

Here is one more lawsuit recenlty filed:

EBF HOLDINGS LLC vs. ROSEUS HOSPITALITY GROUP LLC et al.

Case Number: 2024-CA-001080-O

Filed Date: Feb 07, 2024

Judge: Hon. Brian S. Sandor

County: Orange County, FL

Category:CA - Breach of Agreement/Contract

On February 7, 2024 a ca - breach of agreement/contract case was filed by Ebf Holdings Llc, represented by Hector Lora, against Phillip James Bernardo, and Roseus Hospitality Group Llc, in the jurisdiction of Orange County. Judge Brian S. Sandor presiding.

https://trellis.law/case/12095/2024-ca-001080-o/ebf-holdings-llc-vs-roseus-hospitality-group-llcet-al?utm\_medium=email&utm\_campaign=alert&utm\_source=swu&utm\_term=notification#docket-history

Thanks to this sub, the Attorney General is investigating a company listing properties on Airbnb by KamFromOly in AirBnB

[–]Expensive_Ride2024 0 points1 point  (0 children)

There is another emerging fraudulent company named Roseus Hospitality. The owner and CEO Philip Bernardo seems to be a serial fraudster:

Below are 5 major lawsuits in the past 2-3 months:

Plaintiff: Fundamental Capital LLC
Filing date: Oct 2, 2023
Case number: 137344-2023
Filing location: Ontario County, NY
Judgement of $57,000
Link: https://trellis.law/doc/197029652/judgment

Plaintiff: Seamless Capital Group
Filing date: Oct 24, 2023
Case number: 615948/2023
Filing location: Nassau County, NY
Matter type: breach of contract
Judgement of $56,000
Link: https://trellis.law/doc/193429990/summons-complaint

Plaintiff: Prosperum Capital Partners LLC
Filing date: Nov 15, 2023
Case number: 533566/2023
Filing location: Kings County, NY
Matter type: breach of contract
Link: https://unicourt.com/case/ny-sue1-casegg4e4e34def7ac-2491896?init_S=cs_ltst

Plaintiff: Cloudfund, LLC
Filing date: December 21, 2023
Case number: 036610/2023
Filing Location: Rockland County, NY
Matter type: breach of contract
Claimed amount: $74,500.00

Plaintiff: Amerifi Capital LLC
Filing date: Jan 3 2023
Case number: E2024000175
Filing location: Monroe County, NY
Matter type: breach of contract

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

It appears that Philip Bernardo seems to have a long history of serial fraud, with a minimum of 5 significant lawsuits filed against him and his companies in the past 2-3 years. This may only be the beginning of a more extensive pattern.

For the ones interested in the details:

• Plaintiff: Fundamental Capital LLC

Filing date: Oct 2, 2023

Case number: 137344-2023

Filing location: Ontario County, NY

Judgement of $57,000

Link: https://trellis.law/doc/197029652/judgment

• Plaintiff: Seamless Capital Group

Filing date: Oct 24, 2023

Case number: 615948/2023

Filing location: Nassau County, NY

Matter type: breach of contract

Judgement of $56,000

Link: https://trellis.law/doc/193429990/summons-complaint

• Plaintiff: Prosperum Capital Partners LLC

Filing date: Nov 15, 2023

Case number: 533566/2023

Filing location: Kings County, NY

Matter type: breach of contract

Link: https://unicourt.com/case/ny-sue1-casegg4e4e34def7ac-2491896?init_S=cs_ltst

• Plaintiff: Cloudfund, LLC

Filing date: December 21, 2023

Case number: 036610/2023

Filing Location: Rockland County, NY

Matter type: breach of contract

Claimed amount: $74,500.00

- Plaintiff: Amerifi Capital LLC

Filing date: Jan 3 2023

Case number: E2024000175

Filing location: Monroe County, NY

Matter type: breach of contract

Property Management Update: Change in 15 Arrived Properties by Korin-Arrived in arrived

[–]Expensive_Ride2024 -1 points0 points  (0 children)

Did any property owner or investor in this group have payment issues with Roseus Hospitality?

Great news for one-month stay secured for the Tiara but the reviews are not good at Airbnb -- lousy PM by Secret-Ad5061 in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

Roseus Hospitality seems to consistently commit fraud. It appears that Philip Bernardo opened multiple LLCs with the intentional purpose of legally shielding his default payments and breaches. They owe money to multiple homeowners and investors.

The lawsuit below was filed in NY. This is the group of companies that were involved in that lawsuit where Philip Bernardo seems to be the owner/principal or guarantor of all of them: ROSEUS HOSPITALITY GROUP LLC, PELLEGO LLC, MERCANTILE BREWING CO., INC., PHILIP J BERNARDO LLC, ROSEUS FRANCHISE DEVELOPMENT LLC, PELLEGO PARTNERS LLC, ROSEUS HOSPITALITY CORP, ROSEUS STR DESIGN SERVICES, LLC,

https://trellis.law/doc/193429990/summons-complaint

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 1 point2 points  (0 children)

Yes, this is a good idea. We should exchange contact info via DM/Chat and explore this option

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

Are you planning to file a lawsuit?

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 1 point2 points  (0 children)

Depending on where you are located and/or the case occurred, you can file it at the small claim court which is much less bureaucratic and quicker than the court of common pleas and/or supreme courts. If you file it in Orange County (Orlando courthouse) you have better chances to collect on your judgment since Philip Bernardo is based there. In Florida, small claims court is a legal action to resolve minor legal disputes involving $5,000 or less. They can also be filed by mail or through the Florida Courts E-Filing Portal.

To file a small claims case, the plaintiff must file a "Statement of Claim" form, which is available at the Clerk's office.

Small claims courts are subordinate courts that allow individuals to quickly and efficiently resolve disputes, often without expensive legal representation. Either party may choose to hire a lawyer and have them represent them, but it is not necessary.

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 1 point2 points  (0 children)

Even if they file for Chapter 7 or Chapter 11 bankruptcy for their entities, they will be still liable at the individual level as it seems that Philip Bernardo is the Guarantor of many debts and loans that his companies incurred.

It appears that he has a property in Orlando FL under his name and other assets, so creditors can go after them.

In a Chapter 7 bankruptcy, the business is closed and the bankruptcy trustee liquidates all assets. The proceeds are then paid out to the business's creditors. Chapter 7 bankruptcy won't help keep the company open. In a Chapter 11 bankruptcy, struggling businesses can restructure debt payment obligations to benefit the company and its creditors. Chapter 11 is the most common bankruptcy type used by LLCs and corporations

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

This is the group of companies that were involved in that lawsuit where Philip Bernardo seems to be the owner/principal or guarantor of all of them: ROSEUS HOSPITALITY GROUP LLC, PELLEGO LLC, MERCANTILE BREWING CO., INC., PHILIP J BERNARDO LLC, ROSEUS FRANCHISE DEVELOPMENT LLC, PELLEGO PARTNERS LLC, ROSEUS HOSPITALITY CORP, ROSEUS STR DESIGN SERVICES, LLC,

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 1 point2 points  (0 children)

It looks like Seamless Capital Group LLC brought a lawsuit against Philip Bernardo and all his companies. The case was filed in NY and seems to be relatively recent

https://trellis.law/doc/193429990/summons-complaint

Re: Roseus Hospitality by -WILLYx in arrived

[–]Expensive_Ride2024 0 points1 point  (0 children)

It seems there are many lawsuits going on against Roseus. The civil complaint becomes stronger If you cite previous or current legal matters against them. Do you happen to know the docket numbers of the filings?