Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-01016g/_V>WE Document 56 Filed O1/06/2004 Page 1 of 2
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UNITED STATES DISTRICT COURT J " it »:—· I. I
DISTRICT OF CONNECTICUT
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—----—-----_——__"-”-—------------------———----—-------F"----------X .¤·, _ I
JULIE DILLON RIPLEY MILLER, : E `· ll tj {·»,~;.; V
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Plaintiff, : '
: January 5, 2004
- against ·- :
: DECLARATION OF PATRICK W.
MERRILL LYNCH CREDIT CORPORATION, : BEGOS IN OPPOSITION TO
: MOTION TO COMPEL
Defendant. :
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PATRICK W. BEGOS declares the following to be true under penalty of perjury:
I . I am a member ofthe firm of Begos & Horgan, LLP, attorneys for plaintiff, Julie Dillon
Ripley Miller, in this action. I submit this declaration in opposition to the motion to compel of
defendant, Merrill Lynch Credit Corporation ("MLCC"). ,
2. Annexed hereto as Exhibit A is a true copy of the original power of attorney dated
December 2, 1999, as recorded in the Norwalk Town Land Records.
3. Annexed hereto as Exhibit B is a true copy of a December 2, 1999, l 1:1 1 a.m. fax from
Jay Falini to Kevin Huben. Mr. Huben worked for Commonwealth Land Title Insurance Company
("Commonwealth"), which acted as closing agent for the loan at issue in this case. This document I
was produced to us by Commonwealth. ¤
4. Annexed hereto as Exhibit C is a true copy of a December 2, I999, 12:10 p.m. fax from I
Jay Falini to Kevin Huben. This document was also produced to us by Commonwealth. `
5. As reported by plaintiff’ s expert, Marc Seifer, Ph.D, Exhbits A, B and C reflect different
versions of the same document, and the writing added to the original was not added by Ms. Miller.
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Case 3:03-cv-01016-)ALWE Document 56 Filed O1/06/2004 Page 2 of 2
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6. Annexed hereto as Exhibit D is a true copy of an “Approva1 Summary" produced by
MLCC, with Bates No. MLCC 000417. This document shows that MLCC concluded that the
"Actual Market Value” of the house (for which MLCC was approving a $7,500,000 construction
loan) would be only $3,800,000. This document also shows that MLCC calculated Ms. Miller’s
"Disposable Income" (f. e., total monthly income, less total monthly liabilities, less anticipated loan
payment), was negative $250 a month. Thus, MLCC approved the loan with the knowledge that Ms.
Miller’s income was insufficient to make the payments.
7. Neither Joseph Tesoriere nor any representative of Omni Solo, Inc. is expected to testify
at the trial of this action, as an expert or otherwise. Further, Ms. Miller will not be seeking to use,
for any purpose, the affidavit submitted by Mr. Tesoriere to the Superior Court in connection with
Ms. Mi1ler’s application for a prejudgment remedy. Ms. Miller has retained Ralph DePanfilis, CPA,
to calculate precisely that liability and to testify as an expert on this subject at the trial of this action.
Mr. DePanfilis has provided an expert report, and MLCC has had an opportunity to depose him, but I
chose not to. p
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8. Annexed hereto as Exhibit E is a copy of a July 3, 2001 "Statement of Credit Denial"
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produced by MLCC, in which MLCC refused to refinance the Loan at a lesser balance of $5,000,000
because Ms. Miller’s "income is insufficient to sustain payments ofthe amount of credit requested?
Dated: Westport, Connecticut
January 5, 2004 E
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Patrick W. Begos (ctl 090)
BEGOS & HORGAN, LLP
Attorneys for Plaintiff
327 Riverside Avenue
Westport, CT 06880 l
(203) 226—9990
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