Motion to Strike Affidavits of Debt - Astoria Fed. Mortgage v. Sullo
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Transcript of Motion to Strike Affidavits of Debt - Astoria Fed. Mortgage v. Sullo
DOCKET NO. CV - 10- 6004566-S : SUPERIOR COURT ASTORIA FEDERAL MORTGAGE CORP. : JUDICIAL DISTRICT OF STAMFORD / NORWALK VS: : AT STAMFORD JOHN SULLO, ET AL : MARCH 11, 2012
MOTION TO STRIKE AFFIDAVITS OF RICHARD G. FIKE AND JAMES D. STONECIPHER
The Defendant, John Sullo, in the above entitled action moves to Strike the
Plaintiff’s, Astoria Federal Mortgage Corp., Affidavits Of Debt dated Februrary 1, 2012
and February 27, 2012. The subject Affidavits are highly suspect and furthermore do
not satisfy the most basic requirements of Personal Knowledge. In support of the
instant motion, Defendant represents and states:
1. With the revelation and discovery in the United States Courts as of late of the
massive interstate fraud being perpetrated in foreclosure cases, and the
discovery by 60 Minutes that Affiants such as Linda Green do not exist, and are
actually men forging such fictitious persons name, the Superior Court at
Stamford must take notice of the suspect and/or fraudulent documents herewith
filed by Plaintiff in this matter.
2. The alleged signature affixed to the purported Affidavit of Debt of Richard G. Fike
appears to be a “Rubber Stamp”. Such unfair and deceptive acts perpetrated in
United States Courts if found true, not only void the document and its legal
sufficiency, but under our Connecticut Supreme Court opinions, make such
fraudulent laden lawsuits subject to Dismissal With Prejudice. Further inquiry by
this Court and the Defendant is necessary .
(2)
3. There is no valid supporting evidence in this lawsuit, that in fact a person
identified as Richard G. Fike, in the alleged Plaintiff’s Affidavit Of Richard G. Fike
truly exists and is a living “natural person”. The offered Richard G. Fike may in
fact be another fairy tale “Linda Green”.
4. There is no evidence offered by Plaintiff which would support the argument that
the offered Richard G. Fike, is either employed by Astoria Federal Mortgage
Corp., and/or has been authorized in any legal capacity with a recognizable
corporate role and title.
5. Plaintiff has not produced a Power Of Attorney of the professed Richard G. Fike
to this court as evidence of such legal authority as alleged in the Affidavit of Debt.
6. The Affidavit of the offered Richard G. Fike does not satisfy the requirements of
admissible evidence under the Connecticut Rules Of Evidence. The entirety of
the alleged Affidavit is not based on first hand personal knowledge. The offered
Richard G. Fike, does not represent or claim to work for Astoria Federal
Mortgage Corp., and thus does not have any personal knowledge of the persons,
at said company who may hold any personal knowledge of John Sullo. Richard
G. Fike cannot assume or obtain the personal knowledge of any other person.
7. The offered Affiant Richard G. Fike does not make any representation or claim to
have any specific personal knowledge of the facts, records, books and/or other
files, calculations or figures that pertain to the affairs of John Sullo. Alleged
Affiant does not disclose what exactly he has personal knowledge of.
8. The Defendant, John Sullo, denies, rejects, and rebuts any notion, assumption,
and/or presumption by any person, and/or this court that the offered Richard G.
Fike has any personal knowledge of any business records, finances,
agreements, and/or any other personal relations pertaining to John Sullo.
(3)
9. The statements as made in the subject Affidavit by the offered Richard G. Fike
are hearsay.
10. The offered Richard G. Fike lacks competence to testify as he lacks the
knowledge and ability to communicate information that is relevant to this case.
11. The alleged outstanding debt and amounts due are hearsay, are unsubstantiated
and not corroborated by any person holding first hand knowledge of the actual
alleged accounting and calculations.
12. The offered Richard G. Fike is not an officer of Astoria Federal Mortgage Corp.,
and has not been identified as having a specific scope of employment for the
period starting with closing of the alleged loan up through the date of said
affidavit.
13. Offered Richard G. Fike is not the custodian of records for Astoria Federal
Mortgage Corp, and is not qualified to testify as to the records held by Plaintiff.
14. In like fashion, the Affidavit Of James D. Stonecipher is hearsay, suspect, and
should be stricken for the all the reasons as stated and incorporated from above.
15. The Offered James D. Stonecipher like the prior alleged affiant fails to identify
what if anything he has personal knowledge of. There is no admissible claim
made that affiant has any personal knowledge of this case, and/or any other
specific knowledge of John Sullo or any of his affairs.
16. The newly filed affidavit, dated February 27, 2012 is invalid as it relies and bases
its alleged facts and figures from another legally insufficient affidavit, stemming
from the offered Richard G. Fike, who also failed to make representation that he
had any personal knowledge of anything pertaining to John Sullo or the records
and files of Astoria Federal Mortgage Corp.
(4)
17. Neither offered Affidavit identifies or otherwise discloses who the custodian of
records is from Astoria Federal Mortgage, and/or the precise name of any person
who actually makes claim to hold first hand personal knowledge of the affairs of
John Sullo.
WHEREFORE, based on the foregoing facts, Defendant John Sullo respectfully asks
the Superior Court at Stamford to Strike both of the Affidavits as cited above, and that
an order by made that none of the hearsay information, facts or figures contained
therein be relied upon by this court and entered into evidence in this lawsuit.
The Defendant
Respectfully Submitted, By:______-042191-______________ Paul S. Nakian, Plaintiff’s Attorney
90 Campbell Drive Stamford, CT 06903
Tel: 203-357-7777 - Office 203-356-9490 – Fax
Email: [email protected] Juris #042191
(5)
ORDER
The foregoing Motion To Strike Affidavits of Richard G. Fike And James D. Stonecipher having been presented to the court;
It is hereby ORDERED: GRANTED / DENIED
By the Court:
___________________________________ Clerk / Judge
Date of Order: ________________________
CERTIFICATE OF SERVICE
The Defendant, John Sullo, hereby certifies that a true and correct copy of the
foregoing Motion To Strike Affidavits Of Richard G. Fike And James D. Stonecipher has
been furnished via U.S. First Class Mail on March 11, 2011 to the office of the Plaintiff’s
counsel, Bishop, Jackson & Kelly, LLC, at the address of 472 Wheelers Farm Road,
Milford, CT 06461.
Certification Of Service By The Defendant:
-042191-
________________________________ John Sullo by his Attorney
Paul S. Nakian, Esq.