Dr. Derasari Documents

 

 

 

EXHIBIT 8

August 4, 2017

 

EXHIBIT 9
August 5, 2017

EXHIBIT 10
August 29, 2017 [ 4:38 PM ]

EXHIBIT 11
August 29, 2017 [ 8:57 PM ]

EXHIBIT 12
August 30, 2017

EXHIBIT 13
September 14, 2017 [ 7:51 PM ]

EXHIBIT 14
September 17, 2017

EXHIBIT 15
September 14, 2017 [ 11:31 AM ]

EXHIBIT 16
January 5, 2011 [ 4:22 AM ]

EXHIBIT 17
February 11, 2019 1:15 AM

EXHIBIT 18
April 9, 2008

 

 

EXHIBIT - 8 -

 

August 4, 2017

From: Anthony Kirkpatrick MD PhD
Sent: Friday, August 04, 2017 5:26 PM
To: Manjul Derasari
Cc: Mary Davis; JERRY TRACHTMAN ESQ (jtrachtman@trachtman-law.com)
Subject: RE: Bureau of Labor Statistics

Manny,

During our meeting on July 26, you asked if I was willing to purchase your 50% share of building #2.

When I told you that I was not prepared to make you an offer, you became visibly upset and accused me of taking advantage of you because I currently store more things in building #2 than you.

You became very angry with me and declared for the first time in our ten year relationship that you wanted to occupy 50% of the building. Furthermore, your request seemed strange since you just built a woodshed at your home. A woodshed is defined as the small building used for storing firewood and other items.

I told you that it was not clear to me if you genuinely needed additional storage space in building #2 or if you were threatening to move my things around in building #2 as a ploy to coerce me into making you an offer for the purchase of your 50% share of building #2.

I’m calling your bluff. If you truly need 50% of the space in building #2 for storage, I’m confident we can find space for you in building #2 without threatening my work at the surgery center.

We also had a meeting on or about July 24, 2017. I reminded you that ten years ago you were informed that I would not rent space from you in building #1 unless we (together) purchased building #2. You understood that the Foundation required building #2 for storage space for the surgery center, even though you did not need extra storage space to operate your business that is essentially a doctor’s office.

Also, you were informed that the purchase of building #2 would permit the surgery center to control improving the landscape of the entire property. Back then, the property looked more like a cheap strip mall rather than a medical facility. There was a huge “Massage” parlor sign on Busch Blvd. I was informed that one of the lawyers in building #2 was soliciting prostitutes that entered your parking lot.

You understood at the outset that your financial investment of 50% in building #2 was your cost of doing business with my not-for-profit surgery center.

The following link shows before and after photos of the landscape improvements made by our surgery center (which increased the value of building #1 that you own). Note the huge “Massage” parlor signage in the front of the property. Also, note that the parking lot was used as a shortcut to Busch Blvd. As you recall, the parking lot was used as an unofficial “street” through the property:

http://rsdhealthcare.org/Test_sign.htm

At this time, the Foundation would like to keep a good cash reserve since the Foundation is more focused on research and therefore not generating as much money from patient care and treatments.

A Kirkpatrick MD PhD

www.rsdfoundation.org

www.rsdhealthcare.org

 

 

EXHIBIT - 9 -


August 5, 2017

From: Manjul Derasari [mailto:manjulderasari@gmail.com]
Sent: Saturday, August 05, 2017 12:14 PM
To: Anthony Kirkpatrick MD PhD
Subject: Re: Bureau of Labor Statistics

lets go over 1902 -1904 and building physically and separate out the 50 % you want to use so rest of 50 % I can occupy .

above is my one line request

and look at your response

so

Here please look at the request of allotting 50% and FACTS

In manjulandanthonyllc which is between two individuals as it state and its 50 -50 %

I have paid the purchasing price in half and since 2007 when we bought the property to gather I have faithfully contributed 50 % of the running expanses.

1.utility

property taxes

3.Insurance premium

state registration /fees getting federal taxes including finding and dealing with accountant for The LLC

4. capital expanses like a/c units and repair

5. I am maintaining LLC account and dutifully paying all the bills for last almost ten years that is clerical as wellas banking work prior to that paying mortgage pursuing YOU to pay off mortgage that we did

SINCE I am doing all the above quietly ---- look what kind of response I get from LLC 50 % partner !

You have invested capital money in 1902 -1904 at YOUR own free will -you have not asked me NOR you had shown any courtesy to tell me in advance what interior changes you were going to do.

LETS look at the FACTS on the floor of 1902- 1904 East Busch Blvd Tampa FL 33612

1902 you completely refurbished those Conference room and added bathroom somewhere in 2009 or 2010 after the lawyers vacated .

Than made last room as exercises room at YOUR expanse

I have used conference room for lawyer meeting purpose FEW times

I have used you bathrroom 2-3 times in last ten years and your exercises room two times in same periods

WHY ? one time in 2008 or so in your office room at 1910 we were discussing something nice and unrelated to any bussiness related I got up to get soft drinks from your (at that time ) nelwy purchased refrigerator and you pounced on me those things are for my patients.

I decided NOT TO use your things as much as possible.

YES I have asked for TOOLS from you -why i do not have them YOU have them and are not used and for FEW times I used I did not want to purchase new tool .

I will pay rent for what I used .

Coming to the point PLEASE map out how much YOU are occupying in 1904

Its every single room practically speaking .

I would like you and me to

DECIDE,DEMARKATE and distribute to proper partner 50 -50 space .Its not unreasonable. Since I am asking after almost 10 years .

This is needed to be done .We are 50 -50 partnership .My partnership is with YOU as it says manjulandanthonyllc

I am also in a process of thinking to change my practice. I will need the 50 % space that legally available to me .

And BY the way this is for the record

TECO bill for 1904 East Busch Blvd Tampa FL 33612 for 6/28/2017 to 7/27/2017 came as $ 309.05 !!! for one month

A run down 2017 from January to July 2017 is as follow

$33, $ 28, $ 29, $ 43, $ 53, $ 55 and July $80 actual bills for those months in 2017 .

WHY ?

"Doc lounge " which was constructed by YOU for a bird call "DOC " where its residing time to time for days to weeks at a time -with care giver . First few weeks when your condo was refurbished than last month for your vacation

This use for the bird and its care giver lead to increase in electric bill . PLEASE tell me this NOW YOU had never told me why you modify that space ?At that time .

I need my 50 % of space under my control as legally and financially I have the rights to it . Its that simple . PLEASE understand it .

If I do not ask my legal space you are using it and I am paying 50 % of expanses .I need my part in my control since I am paying for it .

Thanks You

Manjul Derasari

 

 

 

EXHIBIT - 10 -

 

August 29, 2017 [ 4:38 PM ]

From: Anthony Kirkpatrick MD PhD
Sent: Tuesday, August 29, 2017 4:38 PM
To: MANJUL DERASARI MD (manjulderasari@yahoo.com)
Cc: Mary Davis; JERRY TRACHTMAN ESQ (jtrachtman@trachtman-law.com)
Subject: FW: Bureau of Labor Statistics

Manny,

Last week you requested the availability of the same amount of space for your storage that I currently occupy in building #2.

On August 4, 2017, I sent you an email stating (copied below):

“If you truly need 50% of the space in building #2 for storage, I’m confident we can find space for you in building #2 without threatening my work at the surgery center.”

I also wrote:

“I reminded you that ten years ago you were informed that I would not rent space from you in building #1 unless we (together) purchased building #2. You understood that the Foundation required building #2 for storage space for the surgery center, even though you did not need extra storage space to operate your business that is essentially a doctor’s office.

 

Also, you were informed that the purchase of building #2 would permit the surgery center to control improving the landscape of the entire property. Back then, the property looked more like a cheap strip mall rather than a medical facility. There was a huge “Massage” parlor sign on Busch Blvd. I was informed that one of the lawyers in building #2 was soliciting prostitutes that entered your parking lot.

 

You understood at the outset that your financial investment of 50% in building #2 was your cost of doing business with my not-for-profit surgery center.”

I was saddened last week when you became visibly outset because I would not offer to buy your share of building #2.

In my opinion, this is a case of “Buyer’s Remorse.”

The scope ofFlorida's buyer's remorse lawis very limited: It applies only to home solicitation sales. ... Thelawdoes not cover other types of sales, such as automobile purchases, telemarketing purchases, timeshare deals or any kind of retail or property sale.

https://www.sapling.com/8589789/florida-buyers-remorse-law

It is my understanding that you want to continue to manage the financial records for the rent of building #1 and the maintenance records for building #2, rather than have me assign those tasks to my Foundation’s Executive Director, Mary Davis.

A Kirkpatrick MD PhD

www.rsdfoundation.org

www.rsdhealthcare.org

 

 

EXHIBIT - 11 -

 

August 29, 2017 [ 9:51 PM ]

From: Anthony Kirkpatrick MD PhD
Sent: Tuesday, August 29, 2017 9:51 PM
To: Manjul
Cc: Mary Davis; JERRY TRACHTMAN ESQ (jtrachtman@trachtman-law.com)
Subject: RE: Bureau of Labor Statistics

Manny,

I do not understand your use of the words “natural legal.”

Also, a Google search of your words “natural legal” provided no clarity.

Your use of words makes no sense in English.

As stated, I am confident we can find the same amount of space for your storage that I am currently occupying in building #2.

If you do not need additional storage space in Building #2, say so, be honest, communicate with words that make sense and stop playing games.

That is the only way that we can make progress in this matter.

A Kirkpatrick MD PhD

www.rsdfoundation.org

www.rsdhealthcare.org

 

 

August 29, 2017 [ 8:57 PM ]

From: Manjul [mailto:manjulderasari@gmail.com]
Sent: Tuesday, August 29, 2017 8:57 PM
To: Anthony Kirkpatrick MD PhD
Subject: Re: Bureau of Labor Statistics

DrAFK

I have paid 50 % of purchase price

In 2017

I am paying 50 %of expanses at 1902 1904 East Busch Blvd building and managing manjulandanthonyllc bank affairs since 2007

And Where company is register as LLC at State of FL we are 50 -50 .

To me this is what I understand and stand by

And your explanations are your writings .l do not agree with it . As 50 % partner 50 % share of the property should be under my control that is natural legal as well as ethical things for us to do.

This is fourth time I am requesting to you at present each and every room is occupied by you except one room where my medical records are stored .

Manjul Derasari

I am talking with a multispeciality group and

Thinking of joining them

Things will change for you and me

 

EXHIBIT -12 -


August 30, 2017

From: Manjul [mailto:manjulderasari@gmail.com]
Sent: Wednesday, August 30, 2017 9:22 PM
To: Anthony Kirkpatrick MD PhD
Subject: Re: Bureau of Labor Statistics

To start with

Please clear your stuff from Busch facing front rooms of 1904

You will continue to use1902 with rear access

I will utilize the rooms my way

I will give you keys for emergency access

One more thing once I sign agreement FMC I am not available for anesthesia services thanks for opportunity .

Manjul Derasari

 

 

EXHIBIT -13 -

 

 

September 14, 2017 [ 7:51 PM ]

From: Anthony Kirkpatrick MD PhD
Sent: Thursday, September 14, 2017 7:51 PM
To: Manjul
Subject: RE: Building #2

My comments inserted below

A Kirkpatrick MD PhD

www.rsdfoundation.org

www.rsdhealthcare.org

From: Manjul [mailto:manjulderasari@gmail.com]
Sent: Thursday, September 14, 2017 11:31 AM
To: Anthony Kirkpatrick MD PhD
Subject: Re: Building #2

I am heavily invested in 1902 -1904 building without using it much

You are equally invested BUT you have shown as well as voluntarily invested to improve and modify according to your taste , desire and need .

[Anthony Kirkpatrick MD, PhD]

Your argument is specious, gobbledygook and insulting.

You claim to have obtained an appraisal by an MAI certified person to determine the fair market value of Building #2.

Assuming your MAI appraisal was performed professionally and objectively, take a close look at the appraisal.

Then you will appreciate, but for the fact that the Foundation “invested” tens of thousands $ to independently “improve and modify” Building #2, the building today would be nothing more than worn-down, cheap, warehouse located on Busch Bush Boulevard.

You should praise, not condemn, the Foundation for the dramatic increase in the appraised value of Building #2.

What have you done independently over the past decade to increase the appraised value of Building #2 and to advertise Building #2 for rent?

Florida law requires that duties owed by the members of the LLC are that of loyalty and care.

What is hurting me is your blatant use of MUCH more than 50 % use of SPACE (close to 80 % )

But sharing expanses of the same building at 50 % .

[Anthony Kirkpatrick MD, PhD]

Again, I respectfully disagree with your argument.

You know better.

On Aug 29, 2017, I wrote:

“As stated, I am confident we can find the same amount of space for your storage that I am currently occupying in Building #2.

If you do not need additional storage space in Building #2, say so, be honest, communicate with words that make sense and stop playing games.”

I am not going to waste your time or mine reiterating the reasons why I believe this is a case of Buyer’s Remorse.

It is not my fault that we (the LLC) did not succeed in turning Building #2 into the rental property that you expected a decade ago.

Again, what have you done independently over the past decade to advertise Building #2 for rent?

Perhaps, you might look elsewhere for someone to incriminate.

It's an investment property for me , it has potential for renting if we delineate your and my area .Or you can take over and move there .I am willing to give you proactive deal in doing that .

So let's talk on that

Manjul Derasari

Sent from my iPhone


On Sep 14, 2017, at 5:43 AM, Anthony Kirkpatrick MD PhD <akirkpat@rsdfoundation.org > wrote:

Hi Manny,

During our recent meeting in my office, you indicated your intention to sell your 50% share of the LLC for Building #2 to a third party.

I would appreciate you informing me if you plan to initiate that type of sale with a specific third party.

Also, during our meeting, you indicated that you decided to go 50/50 for the purchase of Building #2 ten years ago for two reasons,

First, you wanted to meet my requirement for additional space for the surgery center located in Building #1 (that I rent from you) and my need to control improvements on the property that would benefit the surgery center.

Second, you indicated that you intended to rent space in Building #2 that would provide you with additional income.

I respectfully remind you that I was the person who aggressively attempted to rent space in Building #2.

I placed a rental sign for rent on Bush Boulevard and advertised in the local media.

It is not my fault that we failed to find a renter for Building #2 for the past ten years.

A Kirkpatrick MD PhD

www.rsdfoundation.org

www.rsdhealthcare.org

 

 

 

 

EXHIBIT -14 -

 

 

September 17, 2017

From: Manjul Derasari [mailto:manjulderasari@gmail.com]
Sent: Sunday, September 17, 2017 4:59 PM
To: Anthony Kirkpatrick MD PhD; Anthony Kirkpatrick MD PhD
Subject: Notice

Dear Dr Kirkpatrick ,

Here by I am giving advance notice of more than 90 days to you that you should move out of rental premise at 1910 East Busch Boulevard ,Tampa , Florida 33612 by January 1, 2018.

I am aware of your important clinical work , and I will co-operate with you to fecilitate your relocation to 1902 -1904 East Busch Boulevard premises,which is right next to your current premise

I am willing to offer you for sale , my share of 1902 -1904 E Busch Blvd at a reasonable price. I will work proactively with you to keep your non-profit bussiness and research uninterrupted.

Thanking you in advance,

Sincerely,

Manjul Derasari

 

EXHIBIT -15-

 

September 14, 2017 [ 11:31 AM ]

From: Manjul [mailto:manjulderasari@gmail.com]
Sent: Thursday, September 14, 2017 11:31 AM
To: Anthony Kirkpatrick MD PhD
Subject: Re: Building #2

I am heavily invested in 1902 -1904 building without using it much

You are equally invested BUT you have shown as well as voluntarily invested to improve and modify according to your taste , desire and need .

What is hurting me is your blatant use of MUCH more than 50 % use of SPACE (close to 80 % )

But sharing expanses of the same building at 50 % .

It's an investment property for me , it has potential for renting if we delineate your and my area .Or you can take over and move there .I am willing to give you proactive deal in doing that .

So let's talk on that

Manjul Derasari

Sent from my iPhone

 

September 14, 2017, [ 5:43 AM ]


On Sep 14, 2017, at 5:43 AM, Anthony Kirkpatrick MD PhD <akirkpat@rsdfoundation.org> wrote:

Hi Manny,

During our recent meeting in my office, you indicated your intention to sell your 50% share of the LLC for Building #2 to a third party.

I would appreciate you informing me if you plan to initiate that type of sale with a specific third party.

Also, during our meeting, you indicated that you decided to go 50/50 for the purchase of Building #2 ten years ago for two reasons,

First, you wanted to meet my requirement for additional space for the surgery center located in Building #1 (that I rent from you) and my need to control improvements on the property that would benefit the surgery center.

Second, you indicated that you intended to rent space in Building #2 that would provide you with additional income.

I respectfully remind you that I was the person who aggressively attempted to rent space in Building #2.

I placed a rental sign for rent on Bush Boulevard and advertised in the local media.

It is not my fault that we failed to find a renter for Building #2 for the past ten years.

A Kirkpatrick MD PhD

www.rsdfoundation.org

www.rsdhealthcare.org

 

 

EXHIBIT -16-

January 5, 2011 4:22 AM

From: manjul derasari [mailto:manjulderasari@gmail.com]
Sent: Wednesday, January 05, 2011 4:22 AM
To: Anthony Kirkpatrick
Subject: Re: Financial planning for the year 2011

Tony,
1.1910 east busch Blvd, place is rented to Foundation /Kirkpatrick PA as 80-20.This was done at your request.I did not know that Foundation need not pay sales tax.


I am paying florida sales tax every month for the 20 percent portion up until december 2010.If YOU want to change it from 2011 we can do that.Once YOU pay your 2010 RENT.Even though the rent is not paid I still pay Florida Sales tax every month.


If I do not have to pay Sales Tax I will be happy NOT to pay.
2.You called me yesterday afternoon when I was on my way to Zephyerhill about Bank of America Account for Manjul & Anthony LLC.I have the check to open that account and WE should do it.


Rent money do not go into that account.I need separate check for the RENT.
3. since our agreement to open the new account at Bank of America you have been talking to B OF A, but I have Not signed anything to open the account.That concerns me.I will send you Dilip Patel email.Eventhough it contains some of my stuff.


4.Your allegation about me not paying 50% percent is not accurate my share was paid. BUT the FACT today is, that since October 2010 YOU have NOT paid YOU share of MORTGAGE for LLC. I would not have brought it up but you keep on allegating in writing.


5.What the lawyers were doing before we purchase the building is their business.


6.How you paid I have not asked you, but I have taken you as individual partner in M & A LLC.And I still believe that its the right thing to do .


Sincerely,
Manjul Derasari.

On Mon, Jan 3, 2011 at 7:39 PM, Anthony Kirkpatrick MD, PhD <akirkpat@tampabay.rr.com> wrote:

Manny:

Hope you had an enjoyable holiday.

Your email below is unclear with regard to your intentions and it is misleading with regard to the facts.

You will recall that you agreed prior to me renting space at 1910 E Busch from you that my activities in the space would be as a not-for-profit 501[c][3] Public Charity.

You might also recall that I loaned the Foundation $40,000.00 to make a 50% down payment on building #2 for the reasons outlined below.

You were aware that the Board of Directors of the Foundation felt it was necessary to purchase building #2 prior to renting a portion of building #1 from you. Before I accepted a rent agreement with you, I required the purchase building #2 in order to have complete control of the city block.

Here where the reasons given:

  • I had proof that one of the former attorneys renting building #2 was soliciting prostitutes from the hotel across the street. This activity would risk giving a black eye to the Foundation’s reputation.

  • Prior to deciding on moving into the property it was nothing more than an ugly strip mall and building #2 contained a massage pallor. Again, the appearance and ongoing activity on the property would be very damaging to the Foundation’s reputation.

Take a close look at the before and after photos. Note the huge “Massage” sign in front of the strip mall:

http://rsdhealthcare.org/Test_sign.htm

  • Busch Blvd had the reputation of being the “candy store” for narcotics for addicts in Tampa and throughout the USA. Thus, the location of the property could cause legal problems for the Foundation.

Take a close look at the program “OPIOIDS CAN MAKE PAIN WORSE” produced by our local FOX TV:

http://rsdresearch.org/kirkpatrick/pain_medicine.htm

Therefore, I loaned the Foundation nearly $300,000.00 from my savings account to make major renovations to the property and to establish a state-licensed Surgery Center on the property.

My accountant recommended we set up a separate account for our LLC instead of you making payments on the mortgage to Synovus Bank (where the mortgage is held) and for making payments for other expenses without my knowledge.

You might recall, Manny, that you failed to pay your 50% share of the mortgage on building #2 on at least one occasion – another reason it is an urgent matter for us to reconcile the checks you wrote using the checking account at Synovus and set up an independent checking account at another bank for the LLC this week. You agreed to establish this account at the Bank of America under your and my name (Anthony F. Kirkpatrick, MD, PhD) for the LLC.

You should be thanking me for the benefit that I have brought to your reputation and to our property.

I also am looking forward to 2011 and a long future relationship.

Tony

Anthony F. Kirkpatrick MD, PhD

www.rsdfoundation.org

www.rsdhealthcare.org

 

 

 

EXHIBIT 17

 

 

From: Manjul Derasari [mailto:manjulderasari@gmail.com] 
Sent: Monday, February 11, 2019 1:15 AM
To: Anthony Kirkpatrick MD PhD; Darryl R. Richards; Schaaf, Gary
Subject: LLC payment

 

Dear Tony 

 

LLC balance was $1539.15 when I saw that ,first contributed  $3,000and asked you to do it too. 

 

I just now paid $395 and $285 for water bill online .

 

The system of 50/50 trust ship in LLC was started 2007 ,without any written agreement -like all things good  LLC has an expiry date.

 

If you and your lawyer state your position  on LLC than negotiation can start to dissolve .My patience has limits .

 

A/C payments from me will happen once we dissolve LLC   and  only per my lawyer advice . 

 

Sincerely 

Manjul Derasari. 

 

 

 

EXHIBIT 18

 

From: Anthony Kirkpatrick MD, PhD [mailto:akirkpat@tampabay.rr.com]Sent: Wednesday, April 09, 2008 9:16 AM

To: Dr. Manjul Derasari

Subject: Delay in signing of the two lease agreements

Manny: Thanks for taking the time to clarify the reason for delaying the signing of the two lease agreements. Also, thanks for reassuring me that there is no reason to seek legal counsel on my part or to share the delay issue with the Foundation’s Board of Directors.

It is my understanding that if you do not obtain the registration of your company’s new name with the State of Florida; you intend to sign the two lease agreements as an individual. Please let me know immediately if the above does not accurately account for our telephone conversation this morning.

Tony