In answer to the posting by Fer430 on Friday 4th May 2007.
The following answers are addressed directly to Fer430.
Statement: - i am the person that sued burke in the usa,
Answer: - You are the person John Burke sued in the USA - you are the person that counter sued Burke. A counter suit is a form of defence in a law suit in the USA.
Statement: - i am not a sponson of the overseas list,i place one add on this site which is one add on about 100 property websites worldwide.
Answer: - Your entity, known as Coldwell Banker Team Realty - "sponsor" www.overseaslist.com - The word "sponsor" is used on the website - it is NOT my wording - see http://www.overseaslist.com/Countries/USA.htm. Your Tuscana development has been listed on the website www.overseaslist.com as the US "property of the month" since at least March of last year (2006) - i.e. 14 months running - Should the question be asked as to how a project can receive such an accolade (for such a long period of time) considering the thousands of developments that are under construction in the USA.
Statement: - i read your comments with interest,and your complete lack of knowledge of the facts of the case.....
Answer: - Judging by your completely erroneous comments - I seem to have more knowledge of the facts than you do - perhaps you should look at what you have done - when you establish the facts perhaps you should apologise to John Burke - then put things right and move on.
Statement: - mr burke entered into a property transaction with me in november 2001
Answer: - Mr Burke entered into a property transaction with you in August 2002
Section 6 of YOUR sworn affidavitt dated 8 January 2006, states: -
"In or about August 2002, Burke approached me about the possibility of entering into a business venture......" - both the year and month are wrong in your comments posted on eyeonworldwide.
Statement: - the investment required by him was $120k to purchase property,
Answer: - Section 25 of YOUR sworn affidavitt dated 8 January 2006, states: -
"To infuse capital into Emerald Enterprises, in or about November 2002,.....The initial... required...each to contribute $100,000.00."
The actual initial investment required by both parties was $125k to purchase property and pay expenses etc. - Did you put the $125k in - IF "YES" ON WHAT DATE(S).
Statement: - i accepted him as an investor based on paperwork supplied to me showing he had a net worth of just under $4million (a document i still have to this date!)
Answer: - He approached you - see above note regarding section 6 of YOUR sworn affidavitt - you seem to forget that it was John Burke who conceived Emerald - so you couldn't have accepted him as an "investor".
Statement: - well he never invested the $120k,
Answer: - Didn't he? Expain the source of the following lodgements: -
3rd September 2002 Lodgement to the Emerald Account - $62,500.00
5th September 2002 Lodgement to the Emerald Account - $62,500.00
Statement: - he invested the sum of one hundred dollars !!!!!!!!!!!,
Answer: - He paid the amount of $100.00 dollars on 15th August 2002 but it seems you have forgotten the above lodgements - I suggest you check the source of the above lodgements and then explain your comments!!!
Statement: - he walked away from a bank loan of approx $2million which he was a co-signor on
Answer: - No he didn't - Firstly - There was 2 bank loans - both with CNL bank - totalling approx $2.7million. You had a (time) extension put on both bank loans. Secondly - No one walked away - the loans were paid in full.
Statement: - i ended up with full responsibility for this loan and i repaid it in full.
Answer: - Are you impling that you paid the loan personally? You didn't - Emerald (the business) paid it as was planned - by selling the properties (at a very substantial profit). The sales, including the sale AMOUNT and date, are a matter of record with flagler county. What happened to the very substantial profit?
Statement: - mr burke disappeared from the venture
Answer: - Mr Burke, broke communication with you in March 2004, because by then he was extremely concerned about your actions - he spent the next 5 months gathering the extensive evidence and sued you in august 2004.
Statement: - i was asked to produce all my evidence,i produced in excess of 10000 pages of information,at a cost of $137000.
Answer: - The "in excess of 10000 pages" were produced on 2 (two) compact discs. It is inconceivable that the cost of scanning this amount of pages could cost $137000.00 USD - This would equate to $13.70 per page scanned to CD.
Statement: - mr burke had great difficulty in producing paperwork,so please dont post these eroneous messages about a case you know very little about.
Answer: - I didn't post the message (singular not plural), "Caroline" posted a private email that I sent to her. The message wasn't erroneous. It should be clear that I know more than you give me credit for.
Statement: - it was a sorry day that i was introduced to mr.burke,
Answer: - You were not introduced to Mr. Burke - you met at an exhibition in the RDS in Dublin, Ireland. - "it a sorry day" - would that be because he's the only partner of your many (ex)partners that has the guts to stand up to you?
Statement: - i would also suggest that prior to florida the mr.burke group ventured to humber valley in canada,
Answer: - You may suggest what you like - My statements are based on fact - supported by documentation. I suggest that YOU can't get YOUR facts straight - John Burke's first visit to Humber Valley was 22nd Aug 2003. His passport confirms this - as will Humber Valley Resort. So how is this "PRIOR" to the Emerald deal which according to your previous comment started in "2001" (which was actually August 2002 not November 2001)?
Statement: - where they negioated the purchase of property in this development
Answer: - Several people on that trip purchased property in Humber Valley. John Burke had nothing to do with these purchases and did not negiotiate any property purchase on his or anybody elses behalf.
Statement: -,when i spoke to the owners of humber valley they advised there was no property purchased in humber valley and the burke group just wasted their time and completed no property purchase
Answer: - It will be interesting to see how Humber Valley will react to your comment in which you quote them as saying that "the burke group just wasted their time and completed no property purchase". There wasn't even a "burke group" - JB was part of a group brought out by an Irish based real estate agent. There was a second trip to HV on 29 Sept 2003 - this related to mortgages for HV clients not real estate purchases.
Statement: - then you might want to check into a ski resort outside new york ,another property deal taht burke tried to put together that came to zero,i communicated with the agent for this property,who flew especially to meet mr burke,but burke never turned up
Answer: - As stated on a previous post- the meeting took place - I was there - we were late because of a snow storm and the agent had to leave to get back to the airport because of the same snow storm - it will also be interesting to see how the agent will react to being quoted as saying "burke never turned up". As already stated - I was there with him, as was another witness.
Statement: - dont tell me there is not a pattern here.
Answer: - The only pattern I see are your attempts to embelish the truth and to ruin JB's reputation - How will your reputation stand up to the scrutiny of your Sworn testimony used to obtain the judgement?
Statement: - so please make sure you have the facts about a case involving myself and mr burke before you make these comments.
Answer: - We have followed this case and we have a copy of every document (CDs) you supplied Burke (all 10,000+) and copies of your Sworn Affidavitt. - I suggest you read you own documents and get your own facts right.
QUESTION OF THE DAY. Thursday 10th May 2007
Have you (Kenny), or any entity in which you are or have been an owner, officer or manager, ever reneged on a leaseback agreement or agreements you made with clients or investors ?
The Celtic Cowboy & The Fellowship