On Monday, Dec. 16, Michael DeWitt filed a second amended complaint against Dustin and Lindsey Johns in response to Judge Christopher D. Kehler’s, Kosciusko Superior Court 4, ruling on Dec. 9, to dismiss due to insufficient details pending an amended complaint.
This story by Nicholette Carlson originally appeared in Ink Free News.
In count I-fraud, the complaint describes how Dustin Johns was the president and majority shareholder of Travel Lite and his wife, Lindsey, was in senior management at Travel Lite which included preparation and oversight of the company’s accounting and financial records.
The complaint continues that the Johnses both had knowledge of Travel Lite’s financial condition and acted with full knowledge and authority of each other. DeWitt entered into a purchase agreement for real estate at 11199 NE Wawasee Drive, Syracuse, Ind., valued at $4 million with Johns on July 14, 2018. This purchase agreement was entered as Exhibit A. The legal description of the real estate in the purchase agreement was entered as Exhibit B.
On or about July 20, 2018, Johns offered DeWitt three and a half shares of Travel Lite stock valued at $2.1 million as partial payment along with $1.885 million in cash and $15,000 earnest money deposit. This purchase agreement amendment was entered as Exhibit C.
Financial statements for Travel Lite sent by Dustin Johns and with the actual knowledge and authorization of Lindsey provided to DeWitt’s realtor and agent Eric Hamman were attached as Exhibit D.
DeWitt and Johns then entered into a stock purchase agreement, entered as Exhibit E, which documented and restated the terms of the purchase agreement amendment and provided for the transfer of Travel Lite stock in exchange for the $2.1 million toward the real estate.
DeWitt and the Johns entered into a warranty deed for the real estate on Sept. 13, 2018, which has been entered as Exhibit F. This deed transferred the title to the real estate to both Johnses jointly.
