 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
XXX
|
EXTRACTED KEY WORDS
FAIRWAY ACCOUNTING LOANS PAUL AUTHORIZATION ANJOORIAN ARNOLD INTERROGATORIES MULTIPLE LANDING REALTY STRAIGHT NEGOTIATIONS MULTIPLE PROSPECTIVE BUYERS SBA RESIGN INVESTMENT ADVISOR CONFLICTS CHECK-SIGNING AUTHORITY CONSULTING OCCASION VIOLATION INSTRUCTIONS KILBERG PAID ENTITIES EXORBITANT SUMS RENT PAYROLL ROCKY KILBERG ENTITY |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
PAUL V. ANJOORIAN
VS. P.C. NO.: 97-1013
ARNOLD KILBERG Et CO. . ..
ARNOLD KILBERG, and )"'
PASCARELLA & TRENCH, by a d / :
through its general partners
STEPHEN E. PASCARELLA and
JOHN J. TRENCH
PAUL V. ANJOORIAN'S MORE 1IESPONSIVE ANSWERS TO ARNOLD
KILBERG & CO.'S FIRST SET OF INTERROGATORIES
Plaintiff Paul V. Anjoorian hereby further responds to the following
interrogatories:
INT. 6. Identify the date on which Paul V. Anjoorian ceased to use Arnold
Kilberg, CPA or Arnold Kilberg b Co. for accounting services and state the
investigate and learn the scope of his deceit and misrepresentation, I terminated
his services as an accountant.
... . .
SNIPPETS:
|
|
2
.
ANJ SUP ANS 2ND INTER
|
EXTRACTED KEY WORDS
KILBERG WORTH VALUATION PROCEEDINGS PROVIDENCE PAUL PASCARELLA AMOUNT CONTENDING FINANCIA1 TES JOHN CARUSONE BERNARD TESTIMONY TES TIMONY BERNARD ROTH LAMES WALSH SUPPLEMENTAL ANS PRESENTLY CONTEND COLLATERAL SUPPORTING REGULAR CERTIFICATIONS BUSINESS LOANS WCRE BCCANW OFFERING FALSE TESTIMONY TRENCH FALSE FINANCIA1 IDORMATION EXPERT TES TILNONY BERNARD ROT11 |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
PAUL V. ANJOORIAN
vs. C.A. NO. 97-1013
ARNOLD KILBERG CO., ARNOLD :
KILBERG, and PASCARELLA E?
TRENCH, ET AL. t!.
PAUL V. ANJOORIAN'S SUPPLEMENTAL ANSWER TO
KILBERG & CO.'S SECOND SET OF INTERROGATORIES
INT. 1. State whether you cnntcncl that the cvllateral for any of the loans made by
Fairway Capital Corporation bccame, at any time before March 4,1994, worth less than
the unpaid principal of the loan plus accrued interest. If your response is "yes", then
for each such loan identify:
(1) the borrower;
(2) the amount of the loan; and
(3) all facts upon which you rely in contending that
the collateral for the loan was worth less than the
unpaid principal and accrued inlerest for that loan.
ANS. 1. As of March 4,1994, I hac1 110 knowledge that the collateral for any
Fairway Capital loan had become worth less than the outs tanding balance of the loan
plus interest. To the contrary, the financial statements and other documents I received
from the Defendants repeatedly assured me that all loans were fully collectible and
more than adequately collateralized, a h : that 1x1 loan loss reserve should be taken
( 1 : ' / :> , , . . ' I
- ' i i il. / ;!,
against any of the loans. It was not until Kilberg filed an election tu purchase my shares
SNIPPETS:
|
|
3
.
PLF ANS 2ND INTER BY PAS
|
EXTRACTED KEY WORDS
FAIRWAY ARNOLD KILBERG TRENCH PROVIDENCE RELIANCE DAMAGE LOAN INTERROGATORY VALUATION INT AMOUNT FINANCIALS ACCOUNTING PERFORMING PORTFOLIO LOAN LOSS RESERVE LITIGATION EXPERT WITNESSES SUBSTANDARD TESTIMONY VALUATION PROCEEDING CHOOSING FCC SHAREHOLDER ANS RELYING ONGOI11G CERTAINTY NATURE |
STATE OF RHODE ISLAND
PROVIDENCE, SC.
PAUL V. ANJOORIAN \ i
vs.
I I ARNOLD KILBERG & CO,, ARNOLD
KILBERG, and PASCARELLA &
TRENCH by and through its general
Partners, STEPHEN E. PASCARELLA
And JOHN J. TRENCH
PLAINTIFF'S ANSWERS TO SECOND SET OF INTERROGATORIES
'"
PROPOUNDED BY PASCARELLA AND TRENCH
INT. 25. If you relied on information generated, reviewed, and/or provided by
Pascarella and Trench "in choosing to remain involved in FCC as a shareholder," as you
state in your answer to Pascarella & Trench's Interrogatory No. 14, please state how, in
what way, and in what amount such reliance has caused you damage.
ANS. 25. Pascarella & Trench issued audited financial
annual basis for Fairway Capital. I received and reviewed these statements. I
considered them important, because they were the only financials which were not
produced by Arnold Kilbexg's accounting firm. I believed that the accountants at
PascarelIa & Trench could and would exercise some degree of independence in
performing their audits. Virtually the only asset of Fairway Capital was its portfolio of
roughly loans. Therefore, the safety and desirability of my investlnent and
continued yarticipqtion
.. in, the 1 . : :
company was a function of
, ; *', . ' ;
~
$ 1 , ,
, ,
SNIPPETS:
|
|
4
.
PLF ANSW TO DEF 2ND INTER
|
EXTRACTED KEY WORDS
KILBERG TESTIMONY RESERVE ELECTION PURCHASE SHARES VALUATION PROCEEDINGS INSUFFICIENT AMOUGST REGARD HEARING TRANSCRIPTS JOHN CARMONE BERNARD ROTH JAMES WALSLZ |
STATE OF RHODE ISLAND
1.
PROVIDENCE, SC.
\
PAUL V. ANJOORIAN
v s .
ARNOLD KILBERG & CO.,
ARNOLD KILBERG, and
PASCARELLA G. TRENCH, et ai.
PAUL V.
KILBERG b CO.'S
INT. 1. State whether
ans -.
made by Fairway Capital Corporalion
worth less than the unpaid principal of
-
response is "yes", then for each such loan
t2) :1:. 1 ' -, L,..
a _. - ::'::
: ,; -7: (3.) the borrower;
-
r;l 1' !.
D . ::"
' I " ,,*, 1
b, I
'. , _-. .
,I
I .,- ' , (2) the amount of
. I. ,.; J;
,
_--
P! ' -.. ' "'
\
e- 1- ,,.
; ,
-. 8" .. ',- (3) all facts
I,
*.
-_. ,- c..... ., ,. L the
," s
SNIPPETS:
|
|
5
.
ANJ MORE RESPNSV ANS INTE
|
EXTRACTED KEY WORDS
KILBERG ANJOORIAN PASCARELLA TRENCH ARNOLD INTERROGATORIES ACCOUNTING PROVIDENCE JOHN FIRST SET PLAINTIFF PAUL ANJOORIAN HEREBY CPA SCOPE DECEIT MISREPRESENTATION |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
PAUL V. ANJOORIAN
VS. P.C. NO.: 97-1013
ARNOLD KILBERG Et CO. . .
.i'
. .'
N
ARNOLD KILBERG, and .
,+'"
PASCARELLA & TRENCH, by a d /
through its general partners
STEPHEN E. PASCARELLA and
JOHN J. TRENCH
PAUL V. ANJOORIAN'S MORE 1IESPONSIVE ANSWERS TO ARNOLD
KILBERG & CO.'S FIRST SET OF INTERROGATORIES
Plaintiff Paul V. Anjoorian hereby furthe.r responds to the following
interrogatories:
INT. 6. Identify the date on which Paul V. Anjoorian, ceased to use Arnold
Kilberg, CPA or Arnold Kilberg b Co. for accounting services and state the
investigate and learn the scope of his deceit and misrepresentation, I terminated
his services as an accountant.
SNIPPETS:
|
|
6
.
ANJ MORE RESPNSV ANS INTE
|
EXTRACTED KEY WORDS
FAIRWAY ACCOUNTING LOANS PAUL AUTHORIZATION ANJOORIAN ARNOLD INTERROGATORIES MULTIPLE LANDING REALTY STRAIGHT NEGOTIATIONS MULTIPLE PROSPECTIVE BUYERS SBA RESIGN INVESTMENT ADVISOR CONFLICTS CHECK-SIGNING AUTHORITY CONSULTING OCCASION VIOLATION INSTRUCTIONS KILBERG PAID ENTITIES EXORBITANT SUMS RENT PAYROLL ROCKY KILBERG ENTITY |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
PAUL V. ANJOORIAN
VS. P.C. NO.: 97-1013
ARNOLD KILBERG Et CO. . ..
ARNOLD KILBERG, and )"'
PASCARELLA & TRENCH, by a d / :
through its general partners
STEPHEN E. PASCARELLA and
JOHN J. TRENCH
PAUL V. ANJOORIAN'S MORE 1IESPONSIVE ANSWERS TO ARNOLD
KILBERG & CO.'S FIRST SET OF INTERROGATORIES
Plaintiff Paul V. Anjoorian hereby further responds to the following
interrogatories:
INT. 6. Identify the date on which Paul V. Anjoorian ceased to use Arnold
Kilberg, CPA or Arnold Kilberg b Co. for accounting services and state the
investigate and learn the scope of his deceit and misrepresentation, I terminated
his services as an accountant.
... . .
SNIPPETS:
|
|
7
.
PLFS ANS TO PAS 1ST INTER
|
EXTRACTED KEY WORDS
SHAREHOLDER MEETING PROVIDENCE ARNOLD KILBERG PASCARELLA INTERROGATORY INT PAUL TRENCH BUSINESS ANS PENDING INCORPORATION DUTIES RESPONSIBILITIES CAPACITY SUBSTANCE REAL ESTATE INVESTOR SEPARATE INDIVIDUAL PROVIDED ASSISTANCE PENDING RESOLUTION STOCK VALUATION PROCEEDING PRESENTLY PENDING PROVIDENCE COUNTY SUPERIOR COUNTY SUPERIOR COURT PRESIDENT CORPORATE DOCUMENTS SIGNING AFFAIRS |
-
STATE OF RHODEISLAND SUPERIOR COURT
PROVIDENCE, SC. "",\ x:., .'\,
PAUL V. ANJOORIAN
vs . P.C. NO. 97- 1013
ARNOLD KILBERG & CO.,
ARNOLD KILBERG, and
PASCARELLA & TRENCH, by and :
through its general partners
STEPHEN E. PASCARELLA and
JOHN J. TRENCH
PAUL V. ANJOORIAN'S ANSWERS TO PASCARELLA & TRENCH'S
FIRST SET OF INTERROGATORIES *
INT. 1- Please identify yourself fully, including name, date of birth, current
address, occupation and business address.
ANS. 1. Paul V. Anjoorian; May 13, 1950; 13201 Marsh Landing, Palm
Beach Gardens, FL 33418; Self-employed real estate investor; no separate
business address.
INT. 2. For each individual(s) who assisted in preparing the answers to these
interrogatories, identify each individual and following the identity of each individual, list
the number of each interrogatory for which that individual provided assistance.
ANS. 2. None other than my attorneys.
SNIPPETS:
|
|
8
.
ANJOOR ANS KIL 1ST INTER
|
EXTRACTED KEY WORDS
ACCOUNTING SERVICES PROVIDENCE PASCARELLA TRENCH CPA PAUL PARTNERS PROVISION VARIETY AGREEMENTS ENGAGEMENTS EXACT ACCOUNTING SERVICES PREPARATION INT FINANCIAL DOCUMENTS SWORN UNITED STATES BUSINESS ADMINISTRATION FCC WRITING DOCUTNENTS RELATING ANS FACT URON ALLEGING PARAGRAPH COMPLAINT DEFENDANTS ARNOLD KILBERG DUTY NEGLIGENT |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
\%\, %
PAUL v. A N J O C ~ ~ A , ~
vs. `\I # P.C. NO. 97-1013
ARNOLD KILBERG 8 CO., .
ARNOLD KILBERG, and
PASCARELLA & TRENCH, by and :
through its general partners
STEPHEN E. PASCARELLA and
JOHN J. TRENCH
PAUL V. ANJOORIAN'S ANSWERS TO ARNOLD KILBERG & CO.'S
FIRST SET OF INTERROGATORIES
INT. 1. State the terms of any agreement(s) between Paul V. Anjoorian and
Arnold Kilberg, CPA or Arnold Kilberg & Co. for the provision of accounting services
and identify:
a) the exact accounting service to be provided;
b) the dates during which the agreements were in effect;
c) whether the agreement(s) were oral or in writing; and
d) all documents relating to such agreement(s).
ANS. 1. Arnold Kilberg & Arnold Kilberg & Co. provided accounting services to
me both individually and in my capacity as a shareholder, partner, officer, and/or
director of a variety of different entities beginning in the mid-1980's and ending in
1994. For the most part, the agreements to provide services to me were oral,
although on a variety of engagements, annual engagement and representation letters
were sent out. The documents relating to these agreements are contained within the -"
SNIPPETS:
|
|
9
.
KILBS ANS TO INTER BY PAS
|
EXTRACTED KEY WORDS
ARNOLD KILBERG OBJECTION MEETING PROVIDENCE PASCARELLA TRENCH BUSINESS WAIVING CPA ASSISTANCE DUTIES RESPONSIBILITIES LOAN PREPARING ATTORNEY-CLIENT PRIVILEGE WORK PRODUCT DOCTRINE COUNSEL FCC INCORPORATION INVESTMENT ADVISOR MANAGING LOAN PORTFOLIO FAIRWAY CAPITAL CORPORATION PROCESSING LOAN APPLICATIONS VIEWING CAPACITY SUBSTANCE VAGUE OVERLY BROAD |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, Sc .
PAUL V. NYJOORIAN, 1
Plaintiff 1 P.C. NO- 97-1013 ,. '
1
V. 1 )
ARNOLD KILBERG & CO., ARNOLD )
KILBERG, and PASCARELLA & )
TRENCH, by and through its 1
general partners STEPMEN E. )
PASCARELLA and JOHN J. TRENCH, )
Defendants )
ARNOLD KILBERG, CPA'S ANSWERS TO
INTERROGATORIES PROPOUNDED BY PASCARELLA & TRENCH
INTERROGATORY NO. 1
Please identify yourself fully, including name, date of
birth, current address, occupation and business address.
ANSWER :
Objection. Co-defendant's interrogatory seeks
information not reasonably calculated to lead to the discovery of
admissible evidence. Without waiving 'this objection, Arnold
Kilberg responds: Arnold Kilberg, CPA; accountant; business
address: 285 Governor Street, Providence, Rhode Island 0 2 9 0 6 .
INTERROGATORY NO. 2
or each individual(s1 who assisted in preparing the
answers to these interrogatories, identify each individual and
following the identity of each individual, list the number of
each interrogatory for which that individual provided assistance.
ANSWER :
Objection: Co-defendant's interrogatory seeks
information protected by the attorney-client privilege and/or
work product doctrine. Without waiving 'this objection, Arnold
Kilberg responds: Arnold Kilberg, CPA; and counsel for Arnold
Kilberg.
INTERROGATORY NO. 3:
SNIPPETS:
|
|
10
.
DEFS ANSWER
|
EXTRACTED KEY WORDS
ALLEGATIONS ALLEGE ARNOLD LACK KNOWLEDGE ACCOUNTING SERVICES PROVIDENCE ANJOORIAN KILBERG PASCARELLA TRENCH INFORMATION SUFFICIENT TRUTH ARNOLD RILBERG GENERAL PARTNERSHIP DENY PLAINTIFF FCC RESPONSE DEFENDANTS ADMIT LITHAT PLAINTIFF OUTSTANDING STOCK PREPARATION AUDITED FINANCIAL STATEMENTS PLAINTIFF LACKS STANDING LOSSES THIRD-PARTIES CONTROL DOCTRINE |
, /
1 ,
1 ;
I ISTATE OF RHODE ISLAND SUPERIOR COURT
j /PROVIDENCE, SC.
11 I8 j ]PAUL V. ANJOORIAN,
I ;I Plaintiff ) ) P.C. NO. 97-1013
)
~
1 v *
I 1
I 1
/ARNOLD KILBERG & CO., ARNOLD
IKILBERG, and PASCARELLA & )
/TRENCH, by and through its 1
general partners STEPHEN E. 1
' PASCARELLA and JOHN J. TRENCH, ) )
Defendants 1
I ANSWER OF DEFENDANTS
I
1 ARNOLD KILBERC
I & COMPANY AND ARNOLD KILBERG
FIRST DEFENSE
1, answering the allegations of paragraph 1, allege
/,"
that the complaint speaks f o r i t s e l f ; except as so alleged,
denies th6.
allegations of that paragraph.
2. Lack knowledge or information sufficient to form a
belief as to the truth of paragraphs 2, 5 and 6.
3 . Answering the allegations of paragraph 3 , allege
that Arnold Rilberg ,s company is a general partnership accountinc
firm, of which Arnold Rilberg is a general partner, with its
Iffices in Providence, Rhode I s l a n d ; except as so alleged, deny .I I
:he remaining allegations of that Paragraph.
4 . Admit the allegations of paragraphs 4, 7 and 9.
5 . Answering the allegations of paragraph 8, allege
lithat plaintiff, at times, owned 50%, and children of Arnold
SNIPPETS:
|
|
11
.
DEFS PASC + TRENCH ANSWER
|
EXTRACTED KEY WORDS
PASCARELLA DEFENDANTS PARAGRAPH COMPLAINT PROVIDENCE KNOWLEDGE SUFFICIENT TRUTH ADMIT FCC RESPONSE BALANCE DENY STATEMENTS CONTAINED THEREIN PLAINTIFF PROOF THEREOF KILBERG ACCOUNTING AUDIT BUSINESS INVESTMENT CORPORATION SBA FORM MANAGEMENT RENDER AUDIT OPINION INCORPORATE REFERENCE MERELY STATES GENERAL PROPOSITION LAW PARAGRAPH PURPORTS |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC .
. . . . . . . . . . . . . . . . . . . . . . . . . .
PAUL V. ANJOORIAN * *
vs . *
C.A. # PC 97-1013
* ,.
ARNOLD KILBERG & CO., *
ARNOLD KILBERG, and *
PASCARELLA & TRENCH, by *
and through its general *
partners *
STEPHEN E. PASCARELLA *
and JOHN J. TREbTCH *
. . . . . . . . . . . . . . . . . . . . . . . . . .
DEFENDANTS, STEPHEN E. PASCARELLA AND JOHN J. TRENCH'S,
ANSWER TO PLAINTIFF'S COMPLAINT
Now come the Defendants, Stephen E.
("Pascarella"), and John J. Trench ("Trench"), and answer k@:,.
complaint herein f i l e d as follows:
1. Defendants, Pascarella & Trench, make no response to @e!.-; 2
allegations contained in Paragraph 1 of the Complaint %st';
said count merely states a general proposition of law.
However, to the extent that said paragraph purports to state
a claim against the Defendants, the statements contained
therein are specifically denied.
2 . Defendants, Pascarella & Trench, are without knowledge
sufficient to form a belief as to the truth of the
allegations contained in Paragraph 2 of the Complaint and,
therefore, leave the Plaintiff to his proof thereof.
SNIPPETS:
|
|
12
.
COMPLAINT
|
EXTRACTED KEY WORDS
KILBERG PASCARELLA TRENCH FCC ACCOUNTING FIRMS RHODE ISLAND BUSINESS ANJOORIAN ARNOLD KILBERG GENERAL PARTNERS PLAINTIFF PAUL JOHN RESIDENT DEFENDANT CONTROVERSY INVESTMENT REGULATIONS SBA BUSINESS EQUITY LOANS STOCK TIMES PERTINENT ADVISOR MANAGENLENT PREPARATION REVIEW AUDITED FINANCIAL STATEMENTS DOCUMENTS EVIDENCING |
STATE OF RHODE ISLAND SUPERIOR COURT
PROVIDENCE, SC.
PAUL V. ANJOORIAN
vs.
ARNOLD KILBERG & CO.,
ARNOLD KILBERC, and
PASCARELLA & TRENCH, by and :
tlmmgh its general partners
STEPHEN E. PASCARELLA and
JOHN J. TRENCH
COMPLAINT
NATURE OF THE ACTION
1. This is a professional liability action brought against two accounting
firms, and the principal of one of the firms, in connection with accounting
services provided to the Plaintiff and to an corporation in which Plaintiff was a
stockholder.
PARTIES AND TURISDICTION
2. Plaintiff Paul V. Anjoorian ("Anjoorian") is a resident of the State of
Florida.
3. Defendant Arnold Kilberg G. Co. ("AK&Co.") is an accounting firm
solely owned by defendant Arnold Kilberg, with its offices in Providence, Rhode
Island.
4. Defendant Arnold Kilberg ("Kilberg") is a certified public accountant i
who is a resident of Providence, Rhode Island.
5. Defendant Pascarella b Trench is an accounting firm, organized as a
general partnership, with its offices in Providence, Rhode Island. This firm is
sued by and through its partners Stephen E. Pascarella and John J. Trench.
SNIPPETS:
|
|
13
.
CASE COVER SHEET
|
EXTRACTED KEY WORDS
FORM MUSL WILH PROCEEDING COURT LHAN DOCURNENL LHAL CAMNLCNCCS CIVIL PROCEEDING IHA FORM MUSL IHE OISLRLCL COURT LRANSLCRRED WILH SUPERLOR COUFL NATURE LYPE INR LNJUNCLIVE RELIEF OFHER LHAN SPECIFY CLARIFYING REMARKS |
. ';.I
5.131
STATE OF RHODE ISLAND
SUPERIOR COURT
1
This form musl be liled wilh each origlnal docurnenl lhal camnlcnccs a civil proceeding In
a
Plslrlcl Court appeal, Iha form musl be liled with the appeal In Ihe Oislrlcl Court
[he
Superlor Coufl.
PLAINTIFFS: DEFENDANTS:
PAUL V. ANJOORIAN ARNOLD KILBERG
PASCARELLA &
general
JOHN J.
NATURE OF PROCEEDING - Check lile applicable case lype under Ihe main alegories listed below.
Dislricl Courl Appeal 0
yes (Check type below) CIVIL ACTIONS
0 AGA Agency appeal 0
MLE Malpraclice/legal
0 BKA Book account 0 M E Malpraclice/medical
0 CLA Common law assignmenl OT Malpraclice/olher
d
0 CLL Common law lien 0 WOM Mandamus, wril of
Q
CON
Conlracl 0
PRT Parlillon
d
CIC Crlminal inj cornpensalion 0 PER Personal injury
title)
0 DOJ Deb1 on
q
judgment 0 IDV Personal inj/Prop dam-vehicle
SNIPPETS:
|
|
|
| | | |
|
|
