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: 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 / 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.