DOCKET NO. CV - 10- 6004566-S ASTORIA FEDERAL MORTGAGE CORP.

: :

SUPERIOR COURT JUDICIAL DISTRICT OF STAMFORD / NORWALK AT STAMFORD MARCH 11, 2012

VS: : JOHN SULLO, ET AL :

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: NakianLaw@aol.com 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 By the Court: ___________________________________ Clerk / Judge Date of Order: ________________________ / DENIED

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.

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