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Technology Stocks : PHGI -Perihelion Global, Inc. -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (769)	6/14/2008 11:27:37 AM
From: scion	Respond to of 827

Attachments: # 1 Affidavit of John Beebe (Entered: 06/13/2008) ----- Affidavit of John Beebe OCR extract My name is John Beebe, and I do solemnly swear the following is true and correct in every particular. 1. I am Defendant individually in the above-captioned action, and serve as President/CEO of Co-Defendant Perihelion Global, Inc. I am a resident of Walton County, which is in the Federal Northern Division of Florida, based in Pensacola. 2. Although the agreement at issue is alleged to have been prepared in Birmingham, Alabama, it would have been executed in Walton County, Florida. Further, I never traveled to Birmingham to meet with any attorney from Burr & Forman. I met with them personally on only one occasion, when Burr & Forman’s attorney Gene Price came down to Florida to see me. I, of course, received telephone calls in Florida from Burr & Foreman and initiated calls to them from Florida. 3. In my defense, and in defense of Perihelion Global, it will be necessary for me to have a number of witnesses, all of whom reside in Florida, including attorney David McGee of Pensacola, in Escambia County, Florida, and Frank Claycomb of Mary Esther, Florida, in Okaloosa County, Florida, and Michael Varley, Executive Vice-President of Santa Rosa Beach, in Walton County, Florida. All reside in the Federal Northern Division of Florida, based in Pensacola. Among other things, these witnesses can be critical on the issue of whether I was coerced or threatened into signing the agreement attached as Exhibit 2 of the Plaintiff’s Opposition to Motion for Change of Venue. Perihelion Global, Inc has its Corporate Offices in Walton County, Florida. 4. Most of the work performed for us by Burr & Forman involved the acquisition of and merger with a company that was based in Delaware, not Alabama. I, of course, did not ask to be sued, and it will be unduly expensive and inconvenient for me and the witnesses in my defense who reside Florida to have to travel to Birmingham, Alabama to defend ourselves in this case. 5. I, as individual Defendant and in my capacity as President /CEO of Co-Defendant Perihelion Global, Inca formally claim attorney client privilege regarding all matters pertaining to Burr & Forman. I, and Co-Defendant Perihelion Global, Inc., have never, nor do we now waive our rights to attorney client privilege with Burr & Forman. 6. I re-assert all the defenses stated in my Answer to this Complaint, and I am strongly contemplating filing a counter-claim in this action. Dated this 11th day of June, 2008 /s/ John Beebe