<agassman>

Alan Gassman, Esq

All Web References

Schaaf Documents

http://rsdfoundation.org/en/Schaaf.htm

Richards Documents

http://rsdfoundation.org/en/drichards.htm

Dispute Between Drs. Kirkpatrick and Derasari

Exhibits of correspondence from Alan Gassman, Esq. to Gary Schaaf Esq.

EXHIBIT 1

October 17, 2017

EXHIBIT 2

December 13, 2017

EXHIBIT 3
December 18, 2017

EXHIBIT 4
January 31, 2018

EXHIBIT 5
October 29, 2018

EXHIBIT -2-

December 13, 2017

From: Alan Gassman [mail to:Alan@gassmanpa.com]
Sent: Wednesday, December 13, 2017 8:12 AM
To: Schaaf, Gary
Cc: Derasari, Manjul; Stubbs, Kiara
Subject: RE: Kirkpatrick - Derasari - Lease Issues - K25110/386111

Good morning Gary. Please see the below in response to your questions:

Also, further to my initial letter to you of November 10, 2017, and as discussed in our subsequent conversations, I am still awaiting the following information, which is necessary to our commencement of negotiations:

- Please either scan me a copy of the operative lease which Dr. Derasari has in his possession, or verify that, when he threatened, in his September 17, 2017 email, to evict Dr. Kirkpatrick at the end of this year, he had no copy of the operative lease (noting that, in his below email, Dr. Derasari expressly claims not to have kept a copy of the lease).

Gary, at the time that Dr. Derasari wrote the letter he had in his e-mails, as an attachment, a copy of the signed lease that matches the first and last pages that you sent us. He found this since he wrote the eviction letter in a 2014 e-mail that was sent to him for purposes of increasing the rent under the rent escalation clause. He has not forwarded to me a copy of that e-mail or the attachment to it. I assume that Dr. Kirkpatrick has this and sent it to you. It appears that there was a signed lease that was not witnessed. When he came to see me after the eviction letter was sent he only brought and knew of the unsigned copy that had been sent out with the letter from Mr. Wilkes that is attached. This matches up with the first and last pages you sent me, but I don't know about the middle pages because you have not sent me a fully signed lease.

- Please confirm that the lease provides for an additional five-year term, through April of 2023, and that there will be no further attempts to evict Dr. Kirkpatrick or his Foundation, before that date.

This is confirmed, assuming that we can come to terms. As indicated in the past, we will give you written notice 30 day in advance of ever sending an eviction notice,and we intent to negotiate in good faith to come to terms.

- Please scan me a copy of the Professional Agreement which Dr. Derasari has in his possession.

By professional agreement, do you mean the attached, which I believe you indicated was a legally binding agreement to the extent that the parties agreed on the terms of initialed items.

As indicated before, we would like to resolve this situation by the following:

1. To have an arms length lease to reflect the fair rental value of the shared procedure room for the 5 year term you have requested.

2. To be compensated for the use or change of ownership of anything in that room that Dr Kirkpatrick wants to use and does not own.

3. To resolve the issue on the other building, which may be by:

A. Buying Dr. Kirkpatrick out of the building.

B. Selling Dr. Kirkpatrick our half of the building, or

C. Each party having one half, and Dr. Derasari leasing his half, with an agreed sale date in approximately 5 years.

4. To have Dr. Kirkpatrick contribute to expenses on the shared building.

5. To minimize legal fees and complexity on the above.

I look forward to our call today at11 am.

Best regards

- Please scan me a copy of the Professional Agreement which Dr. Derasari has in his possession.

Alan S. Gassman, Esquire
Gassman, Crotty & Denicolo, P.A.
1245 Court Street, Suite 102
Clearwater, FL 33756
727-442-1200
FAX 727-443-5829

THE INFORMATION CONTAINED IN THIS TRANSMISSION MAY BE ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPY OF THIS COMMUNICATION MAY BE STRICTLY PROHIBITED BY LAW. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US AT THE ABOVE-STATED TELEPHONE NUMBER.

>>> "Schaaf, Gary" <GSchaaf@bplegal.com> 12/8/2017 10:02 AM >>>

Alan:

In advance of our telephone conference, scheduled for next Wednesday, December 13^th, please provide me with the information which I requested in my below email (highlighted in yellow).

As we have maintained since our first correspondence, our receipt of the information is a necessary pre-condition to our negotiation of this dispute, and providing it (or, in the case of the Lease or the Professional Agreement, verifying that he doesn't have it) will in no way unduly burden Dr. Derasari.

I thank you for your help in that regard.

To a second point, Dr. Derasari and Mary Davis met on Wednesday of this week, and together were able to gain access to the LLC's online banking records. While, as a result, Dr. Kirkpatrick is now in a position to access the information necessary to address Dr. Derasari's concerns about the LLC's funding for payment of property taxes and other expenses (as set forth in the attached email, received this morning), because Dr. Kirkpatrick is out of the country, with limited communication, until later this month, I will not have an answer for you in time for our telephone conference next Wednesday.

Please pass that information on to Dr. Derasari, and remind him that I have advised Dr. Kirkpatrick that communications regarding the ongoing disputes should be handled through counsel.

Thank you, again, and I look forward to (1) receiving the requested information, and (2) our telephone call on Wednesday.

Nothing contained herein should be considered a waiver of any of my clients' legal claims or defenses against Dr. Derasari, or any entity with which he is affiliated, as an agreement to forbear from the immediate enforcement of any such claims or defenses, or as consent to or agreement with any statement contained in the email from Dr. Derasari, which I reference above, or in any other communications.

-Gary Schaaf

Gary M. Schaaf
Office Managing Shareholder
Board Certified Business Litigation Attorney

The Becker & Poliakoff Client CARE Center is here to serve our valued clients. If we can be of assistance in any way, please call us toll-free at 1-844-CAREBP1 (1-844-227-3271) or by email at care@bplegal.com .

From: "Schaaf, Gary"
Sent: Monday, November 27, 2017 12:30 PM
To: Alan Gassman <AGassman@gassmanpa.com>
Cc: Stubbs, Kiara <KStubbs@bplegal.com>
Subject: Kirkpatrick - Derasari - Lease Issues - K25110/386111

Alan:

In addition to the below, somewhat confusing email, Dr. Derasari has been communicating directly with Dr. Kirkpatrick concerning property taxes which are coming due on the 1902-1904 E. Busch Boulevard property, and has requested that Dr. Kirkpatrick contribute $5,000.00 to the account of Manjul & Anthony, LLC.

Please note that, in light of the current legal posture of this matter and the involvement of the attorneys, Dr. Kirkpatrick does not wish to engage in direct communications with Dr. Derasari, and has asked me to communicate with you on his behalf. I would appreciate if you would pass that information on to your client.

As to Dr. Derasari's specific request, Dr. Kirkpatrick is unwilling to contribute any amounts to the LLC account until he has been provided with evidence of the taxes owed, the current balance in the LLC's account, and all information necessary for him to access the account online, since Dr. Derasari has taken it upon himself to change the online access information, and has not provided the new information to Dr. Kirkpatrick.

- Please scan me a copy of the Professional Agreement which Dr. Derasari has in his possession.

Once we have received the above information, I will contact you with our thoughts regarding a potential resolution.

Thank you for your help.

-Gary

From: Manjul Derasari [mail to:manjulderasari@gmail.com]
Sent: Sunday, November 19, 2017 10:22 AM
To: Anthony Kirkpatrick MD PhD <akirkpat@rsdfoundation.org>; Anthony Kirkpatrick MD PhD <akirkpat@tampabay.rr.com>; Alan Gassman <AGassman@gassmanpa.com>; Schaaf, Gary <GSchaaf@bplegal.com>
Subject: Time to meet discuss

dear AFK,

By this time I am realizing and you too that we should meet and resolve the issue at hand.

I have outlined my rationale in my last email to you and both lawyer.

Why I am writing directly to you and lawyers ?

Because it seems to me that solution is going to come from us.

Since both of us have hired lawyers I am keeping them in loop.

1. It is getting clear to me that you want to stay at 1910 ,in that case we need to come to new understanding due to new reality and than move foreward.

As owner of 1910-1912 east Busch Blvd which was purchased in 2003.now I am planning to join another medical practice from January 2018.I will be no longer coming to my medical practice location on daily basis and we are sharing common area which IS called PROCEDURE ROOM and RECOVERY room .

This room was furnished with cabinets by my Vietnamaese carpenter with input from you but at my expanse. My c arm floroscope is stationed there permanently Initially we both had monitors than you replaced some monitors .still one of my monitor is in RR ,

It is my clear recollection that this area was kept as common area and was not counted in rented area.

Both rooms have direct access to my side of building,that also make it very important

so a modified lease is needed

2, my plans are to keep the building to myself in other words NOT to sale medical building.

But since I will not be there WE need to have a new set of clear and simple lease

3.OUR original lease is out dated and was not signed with any witness .It will not pass a common sense TEST a five and ten year term lease signed without lawyers and witness can JUST go on and on,This is my common sense interpretation.

IT was our mutual understanding and that was put in words --I was trusting you SO much that YOU got a lawyers help and I had gone along . JUST look the trust I had in you that THE lease itself is with YOU -and I did not keep a copy .Its a fact .

Your lawyer may call me stupid and my lawyer will call me gullible.

4,we need to come to a written understanding about 1902 -1904 Building

and to me it is to allow me to rent 50 % of that building . In the current law suit your lawyer is carving that issue OUT,on some purpose,

Tony ,

In long run you and your foundation are better off in 1902 -1904 Building and leave me in 1910-1912 Building .

If we continue through lawyers its not cost effective and the solutions will be NOT much different. !!!! at what expense ?

I have outlined my position YOU can do the same and lets hash it out and than since we already have lawyers , we will make it legal through them ,

.Please write your wishes before we meet --just like what I am doing .

Thanks

I still have faith and that our understanding may work .

Manjul Derasari.

EXHIBIT -3-

December 18, 2017

(Gassman provides Derasari’s FAX)

From: Kelly Duffy [mail to:Kelly@gassmanpa.com]
Sent: Monday, December 18, 2017 6:08 PM
To: Schaaf, Gary
Cc: Alan Gassman; Maribeth Vongvenekeo
Subject: GASSMAN, CROTTY & DENICOLO, P.A.

Good Evening,

Mr. Gassman asked me to send the attached to you.

Have a good night!

Thank you,

Kelly Duffy

Assistant to Alan S. Gassman

Gassman, Crotty & Denicolo, P.A.

1245 Court Street, Suite # 102

Clearwater, FL 33756

Tel: 727-442-1200Ext. 244

Fax: 727-443-5829

On October 3, 2017, the following FAX was sent from Dr. Derasari to his attorney. The FAX demonstrates that Dr. Derasari made a false representation to his attorney with the knowledge or belief of its inaccuracy that there was no signed Lease Agreement and that allowed him evict Dr. Kirkpatrick from Building #1. This action forced Dr. Kirkpatrick to undertake an unnecessary, prolonged and costly legal proceeding against Dr. Derasari.

CLICK HERE FOR COPY OF THE FAX
http://rsdfoundation.org/en/documents/EXHIBIT3-FAX-12-18-2017.pdf

CLICK HERE FOR DETAILS
http://rsdfoundation.org/en/Schaaf.htm#E7

EXHIBIT -4-

January 31, 2018

From: Alan Gassman [mail to:Alan@gassmanpa.com]
Sent: Wednesday, January 31, 2018 10:12 AM
To: Schaaf, Gary
Cc: Derasari, Manjul; Stubbs, Kiara
Subject: Re: Kirkpatrick - Derasari - K25110/386111

Thanks Gary.

What are Dr Kirkpatrick's alleged damages for this alleged eviction?

If you advised Dr Kirkpatrick that he had a binding lease, and he knew

he had a binding lease, and nothing has changed but for his interaction

with your firm, what are his damages?

Do you think they exceed the fair rental value of the use of the 2nd building

and the now exclusive use of the common procedure room and equipment?

Best regards

>>> "Schaaf, Gary" <GSchaaf@bplegal.com> 1/31/2018 10:03 AM >>>

Alan:

Further to our recent conversation regarding a potential settlement between Drs. Anthony Kirkpatrick and Manjul Derasari, please review the following.

As you have conceded in our prior communications, Dr. Derasari has no legal basis on which to evict or otherwise remove Dr. Kirkpatrick from the space which he occupies and utilizes in Building 1, until at earliest April of 2023.

The current dispute has arisen solely as a result of two decisions by Dr. Derasari. First, he decided to move his practice from the East Busch Boulevard location, which I am certain he considers to be in his best financial interest. Second, he decided, recklessly and without legal basis, to attempt to evict Dr. Kirkpatrick from Building 1, as of the end of 2017.

While Dr. Kirkpatrick has in no way contributed to the situation in which our respective clients find themselves, as we have discussed, he is open to considering various potential resolutions to the matter, including, but not limited to the possibility of (1) consolidating his operations entirely into Building 1, assuming that he would be properly compensated for costs incurred in any such consolidation, as well as for prior improvements to the property on which both buildings are located, which have benefited Dr. Derasari; or (2) entering into a long-term lease of the currently leased and utilized portions of Building 1, while agreeing to an equitable division of Building 2, for leasing by the LLC.

However, Dr. Derasari's reckless actions, in wrongfully attempting to evict Dr. Kirkpatrick from Building 1, have resulted in Dr. Kirkpatrick's foundation incurring otherwise unnecessary legal fees and costs, for which he will expect reimbursement in any settlement.

Further, in order to successfully negotiate any potential settlement, Dr. Kirkpatrick must establish a level of trust in Dr. Derasari, which is now lacking, based upon Dr. Derasari's actions, not only in attempting the eviction, but in his subsequent communications.

Specifically, contrary to your representations in our initial communications, when Dr. Derasari sent his September 17, 2017 eviction email, he already had copies of the subject Lease, signed and unsigned, as well as the Professional Agreement, in his possession.

My letter of October 3, 2017 (to which you responded by letter dated October 17, 2017), requested Dr. Derasari's legal basis for the threatened eviction, which has since been revealed to be lacking. In my response (by email dated October 19, 2017) to your October 17 request for a copy of the Lease, I pointed out that your client should have had a copy of the Lease and its attachments, and asked you to confirm that he did.

While you indicated to me, during our first telephone conversation, on October 30, 2017, that you didn't believe your client had a copy of the Lease, you were unable to answer my question as to whether Dr. Derasari believed that there was no signed Lease. In our second conversation, on November 3, 2017, you indicated that Dr. Derasari had an unsigned copy of the Lease, and that he did not believe that the Lease had ever been signed. In my follow-up email of November 10, 2017, I pointed out, among other things, that Dr. Kirkpatrick had forwarded Dr. Derasari copies of the executed signature pages of the Lease, in an email dated January 29, 2014, and provided you with copies of those pages.

While, in your November 11, 2017 email, you indicated that Dr. Derasari did not then intend to file an eviction action against Dr. Kirkpatrick, you also indicated that you were simultaneously asking Dr. Derasari to check his records and emails to determine whether he had the Lease in his possession.

By email dated November 15, 2017, I reiterated my request for any copy of the Lease in Dr. Derasari's possession.

In his subsequent email of November 19, 2017, Dr. Derasari, while asserting that the Lease was allegedly not properly witnessed (which would indicate that he believed it had been signed), also expressly stated that he did not keep a copy of the Lease.

By emails dated November 27, 2017 and December 8, 2017, I again reiterated my request for any copy of the Lease in Dr. Derasari's possession.

In your December 13, 2017 email to me, you stated that, after Dr. Derasari wrote the eviction email, he had found, as an attachment to one of his past emails, a copy of the signed Lease, but that he had not forwarded you the email or its attachments. That same day, I asked you to scan me a copy of the Lease, which you had referenced in your email, which you did, by email dated December 18, 2017.

Curiously, however, the scan which you provided reflected, at the bottom, that it had been faxed by Dr. Derasari to your office, on October 13, 2017, meaning that both you and he had the Lease over two weeks before the date of our first conversation, and during the period of my numerous requests for the copy.

Moreover, since, at the top of the Lease is a notation which reads: On April 13, 2008, the Lease Agreement for the FOUNDATION was completed. PDF files of the signed pages are linked below: PDF File, it is clear that (1) Dr. Derasari printed out the Lease which he faxed you, from the website which also contained the executed pages of the Lease, and (2) both of you therefore, at the very least, had knowledge of the website which contains the signed pages.

All of the foregoing leads us to believe that Dr. Derasari was, in fact, in possession of a copy of the Lease, as well as the executed signature pages, when he wrote the baseless eviction email to Dr. Kirkpatrick, which caused this dispute and the substantial costs which Dr. Kirkpatrick and his foundation have incurred.

Based on the foregoing, before moving forward with our negotiations, Dr. Kirkpatrick demands an apology from Dr. Derasari, for the wrongful eviction notice, and for his misleading statements regarding his knowledge and possession of the Lease and its terms, as well as his agreement to reimburse the Foundation for its unnecessary legal costs, all of which flowed from Dr. Derasari's unfortunate decision to wrongfully attempt the eviction, and were exacerbated by his misleading communications regarding the Lease.

Please let me know if we can resolve the foregoing issues, so that we may move forward in our negotiations.

Nothing contained herein should be deemed a waiver of any of my client's legal claims against Dr. Derasari, or as an agreement to forbear from the immediate enforcement of any such claims. Nor should anything contained herein be deemed a settlement offer, as any settlement agreement will need to be reduced to writing and executed by both parties.

-Gary

Gary M. Schaaf
Office Managing Shareholder
Board Certified Business Litigation Attorney

EXHIBIT -5-

October 29, 2018

From: Schaaf, Gary [mail to:GSchaaf@beckerlawyers.com]
Sent: Monday, October 29, 2018 12:25 PM
To: Anthony Kirkpatrick MD PhD
Cc: JERRY TRACHTMAN ESQ (jtrachtman@trachtman-law.com); Stubbs, Kiara

Tony:

I have pasted in Alan Gassman’s emailed response to my letter, received over the weekend.

Please let me know your thoughts.

-Gary

Hi Gary.

I disagree with many of your assertions.

Please let us know what the HCAV issues are as soon as possible and what contractors have looked at this. Dr Derasari will call in a contractor without delay. This is the first we have heard of this issue.

We have offered to meet, and to mediate, in good faith, and to settle this matter in multiple ways, and you keep throwing up obsticales and telling us that you spent over $20,000 reviewing a lease to see if it is enforceable. What issues are at hand that would justify that much time Gary? Are there big issues with respect to the lease? Are you willing to sign an affidavit that you spent that much time on the lease issue and to explain how that time was spent?I would love to see it.

Your client owes compensation for his use of 90% of the commonly owned building, and, it seems to me, for the common room in the medical suite and use of the C-Arm.

Your client violates the law and risks loss of insurance coverage by having someone sleep in the suite overnight to babysit his bird periodically.

We repeat our demand for compensation or his retreating to 50% use, and that he not violate zoning laws.

Your characterization of our conversations is not accurate. Dr Derasari has never been dishonest.

Dr Derasari will be pleased to apologize for anything he has done improperly,at the same time that Dr Kirkpatrick apologizes for what he has done.

Dr Derasari is pleased to meet with a neutral mediator or mental health counselor to try to work this out. It seems to me that the mental health counselor route may be necessary given your very aggressive and unmerited stances.

Please let me know if you would like to prepare a letter, at your client's expense, explaining what the situation is with the lease and your availability to meet with prospective tenants who will want to share the common room etc. so that we can begin negotiations with a new tenant or owner for Dr Derasari's building.

Please also ask your client to buy Dr Derasari's C-Arm, or his own C-Arm, or to pay rent for the use thereof, which is owed, and not being waived.

Please let me know if you would like to discuss this with Darryl Richards and I. We can set up a call or a meeting if you like.

This e-mail is not a waiver of any rights that Dr Derasari has, or of any duties that Dr Kirkpatrick has.

Best regards

Alan S. Gassman, Esquire