SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
_______________________________________________

Sam Sloan

Petitioner
INDEX
No. 2004-7739
-against-

Beatriz Marinello, Tim Hanke, Stephen Shutt,
Elizabeth Shaughnessy, Randy Bauer, Bill Goichberg,
Kenneth M. Chadwell and United States Chess Federation

Respondents
________________________________________________

Reply to Affidavit of Bill Goichberg

__________________________________________________ ________

Samuel H. Sloan, being duly sworn, deposes and says:

1. Several affidavits have been filed by the respondents in this case.
I have decided to respond one-by-one to each affidavit to avoid
confusion because they raise separate issues. Subject matter
jurisdiction of the court is one issue. Service of Process is another
issue. Personal jurisdiction is yet another issue. The Goichberg
affidavit goes to the service of process in the case so I will address
that here.

2. Because of this lawsuit, the USCF Board has decided to accelerate
the move to Crossville and to get there in the next few weeks before
this court had had time to act. There is one particular danger in this
that may have been overlooked. Chess Cafe has a contract with the USCF
in which they are supposed to pay the balance of $350,000 owed to the
USCF in about March. This is why the Board has been planning to
complete the move in March. However, if Chess Caf? is unable to pay
the balance of the $350,000, then the USCF will be stuck and cannot
move. That money is what the board has been planning on getting to pay
for the move.

3. However, if the USCF starts moving before that money has come in,
and if the money does not come, then the USCF will be stranded and
will have no choice but to dip into the $513,000 it got from the sale
of the building. This is the first year of the USCF's contract with
Chess Cafe and nobody can know whether Chess Cafe will pay or not. If
Chess Cafe does not pay, the USCF will have no choice but go back into
the books and equipment business from which it derived $3.5 million in
revenues annually up until 1999 and it will need to get back the space
in the building it sold in New Windsor which has a basement which was
the storage room for the books it was selling.

4. Beatriz Marinello has no family ties and indeed no family at all in
the United States in the traditional sense for reasons that would be
obvious to anyone who knows her well. She has no husband and no
children. Several people have asked why this is relevant. This is
relevant because it means that there is nothing holding her here in
case Beatriz should decide to go back to Chile with the large sum of
money that has been entrusted to her. The USCF has given her signing
authority over the $513,000.

5. The opponents have said that I failed to serve all the defendants
personally. However it would have been impossible to do so. Two of the
defendants were in Spain for the World Chess Olympiad although they
may have arrived back in the US before the court signed the order.
However, look at the title page of Chess Life which I attach. Three
defendants list their address as being the New Windsor address of the
USCF. Therefore, by serving the office, I have served them. One
defendant, Elizabeth Shaughnessy, has no address listed at all, except
for an e-mail address.

6. I originally filed in this court along with a request for a waiver
of filing fees on Monday November 8, 2004. The following day the clerk
called and indicated that the request would not be granted. Since I
knew that the defendants were desperately trying to move the money to
Tennessee, I was trying to get a freeze on the bank account without
prior notice to them. When I found out that this plan would not be
successful, I moved on to Plan B, which was to serve everybody right
away.

7. On Wednesday, November 10, 2004 I arranged for a copy of all the
papers to be served on everybody I could think of who might want to
participate in this case, including all potential opponents. I had 27
people served in all. Here is a partial list:

Beatriz Marinello
Tim Hanke
Stephen Shutt
Elizabeth Shaughnessy
Randy Bauer
Bill Goichberg
Kenneth M. Chadwell
Harry Sabine
Leroy Dubeck
Steve Doyle
Harold Winston
Don Schultz
Frank Brady
Harold Dondis
Michael Atkins
Steve Immitt
Glenn Petersen
John Donaldson, Mechanics Institute Chess Club
Mike Goodall
Jerry Hanken
Kathleen Merz
Larry Evans

8. Each of these persons were mailed four documents on November 10,
2004. These were the Petition, the Affidavit in Support, the
Memorandum of Law and the Proposed Order to Show Cause. Many of these
were received by Friday November 12, 2004 and all of them would have
been received by Monday, November 15, 2004. Thus, by November 16, 2004
when this court signed the order to show cause, all of the defendants
had received a complete set of papers. None of these mailings were
returned by the post office and all of them had return addresses.

9. The order to show cause was signed on November 16, 2004. I received
it by Fax late the same day. The following morning, November 17, 2004,
all of the defendants were served by both certified mail and regular
mail. In addition, they were all served by e-mail as I knew the email
addresses of all of them. The papers were also posted on the Chess
Politics Newsgroup rec.games.chess.politics which all of them read and
on my own website at http://www.samsloan.com/marinello.htm

9. All of the defendants knew that a case had been filed and the order
signed even before they received it by certified mail. Since they
already knew what it contained, most of them refused the mail. Bill
Goichberg and Kenneth Chadwell received the mail and the green card
was signed and returned. Elizabeth Shaughnessy received the mail but
did not sign for it and the green card never came back. I happen to
know that her husband is an invalid and is elderly and has a
stay-at-home caretaker and I suspect that it was her husband who
actually received the mail. Randy Bauer refused the certified mail and
the envelope was returned to me marked refused. I enclose a copy.
Steve Shutt finally signed for it two weeks later. Beatriz Marinello
and Tim Hanke neither signed for it nor refused it so it was sent
back to me two weeks later.

10. To see the results of my attempt to serve them with notice of the
pending lawsuit one need only to go to the US Postal Service website
at
http://www.usps.com/shipping/trackan...ckandc onfirm

11. Then, one needs to type in the certified mail numbers to see what
happened to my attempts to serve the defendants by certified mail. All
of these items were sent by certified mail on Wednesday, November 17,
2004, the day after Judge Lawrence Horowitz signed his order to show
cause. The numbers are all the same except for the last two or three
digits. In the case of Randy Bauer, the certified mail number is
70032260000196734444

Here is what comes back when you type in that number:

Track & Confirm

Current Status

You entered 7003 2260 0001 9673 4444

ACCEPTANCE, November 17, 2004, 3:49 pm, FAR ROCKAWAY, NY 11691 Your
item was refused by the addressee at 2:15 pm on November 20, 2004 in
URBANDALE, IA 50323 and is being returned to the sender. Information,
if available, is updated every evening. Please check again later.

By looking at the first page of the inside cover of Chess Life, one
can see that the zip code of the address of Randy Bauer is 50323. My
zip code is 11691. Therefore, this certified mail was sent by me to
Randy Bauer.

Three of the board members named as defendants do not have their own
address listed in Chess Life. Instead they use the USCF office address
as their own address. One of the board members, Elizabeth Shaughnessy,
has no mailing address listed at all, only an email address.

Here is what happened to the mail to the other defendants:

The zip code of Tim Hanke is 01950. My certified mail to him was
number 70032260000196734413

Here is what happened:

You entered 7003 2260 0001 9673 4413

We attempted to deliver your item at 10:28 am on November 19, 2004 in
NEWBURYPORT, MA 01950 and a notice was left. It can be redelivered or
picked up at the Post Office. If the item is unclaimed, it will be
returned to the sender. Information, if available, is updated every
evening. Please check again later.

The zip code of Beatriz Marinello is 33133. My certified mail to her
was number 70032260000196734390

Here is what happened:

You entered 7003 2260 0001 9673 4390

We attempted to deliver your item at 2:23 pm on November 20, 2004 in
MIAMI, FL 33133 and a notice was left. It can be redelivered or picked
up at the Post Office. If the item is unclaimed, it will be returned
to the sender. Information, if available, is updated every evening.
Please check again later.

The zip code of Steve Shutt is 19130. My certified mail to him was
number 70032260000196734406

Here is what happened:

You entered 7003 2260 0001 9673 4406

We attempted to deliver your item at 2:35 pm on November 19, 2004 in
PHILADELPHIA, PA 19130 and a notice was left. It can be redelivered or
picked up at the Post Office. If the item is unclaimed, it will be
returned to the sender. Information, if available, is updated every
evening. Please check again later.

One the other hand, the zip code of Elizabeth Shaughnessy is 94709. My
certified mail to her was number 70032260000196734451

Here is what happened:

You entered 7003 2260 0001 9673 4451

Your item was delivered at 11:00 am on November 22, 2004 in BERKELEY,
CA 94709.

The zip code of the USCF is 12553. My certified mail to it was number
70032260000196734437

Here is what happened:

You entered 7003 2260 0001 9673 4437

Your item was delivered at 10:45 am on November 19, 2004 in NEW
WINDSOR, NY 12553.

You entered 7003 2260 0001 9673 4420

The zip code of Kenneth M. Chadwell, attorney for the City of
Crossville, is 38555. My certified mail to him was number
70032260000196734420

Here is what happened:

Your item was delivered at 10:37 am on November 22, 2004 in
CROSSVILLE, TN 38555.

So, it can be seen that the only board member brave enough to sign for
a certified letter from me was Elizabeth Shaughnessy. On the other
hand, she is the only board member who does not have a mailing address
listed in Chess Life. She perhaps did not realize that I knew her
residence address. Also, her husband or somebody else might have been
home and signed for the certified mail. Her green card certified mail
receipt has not come back. The only cards that have come back were
signed for by the USCF and by Kenneth M. Chadwell.

Update! After a delay of two weeks, Steve Shutt has accepted my
certified mail. I got back the signed green card today. The rest are
being returned.

Here is the latest:

You entered 7003 2260 0001 9673 4444

Your item was refused by the addressee at 2:15 pm on November 20, 2004
in URBANDALE, IA 50323 and is being returned to the sender. No further
information is available for this item.

Here is what happened earlier:
ACCEPTANCE, November 17, 2004, 3:49 pm, FAR ROCKAWAY, NY 11691

You entered 7003 2260 0001 9673 4413

Your item was returned to the sender on December 08, 2004 because it
was not claimed by the addressee.

Here is what happened earlier:
NOTICE LEFT, November 19, 2004, 10:28 am, NEWBURYPORT, MA 01950
ACCEPTANCE, November 17, 2004, 3:46 pm, FAR ROCKAWAY, NY 11691

You entered 7003 2260 0001 9673 4390

Your item was returned to the sender on December 06, 2004 because it
was not claimed by the addressee.

Here is what happened earlier:
NOTICE LEFT, November 20, 2004, 2:23 pm, MIAMI, FL 33133
ACCEPTANCE, November 17, 2004, 3:44 pm, FAR ROCKAWAY, NY 11691

You entered 7003 2260 0001 9673 4406

Your item was delivered at 4:00 pm on December 03, 2004 in
PHILADELPHIA, PA 19130.

Here is what happened earlier:
NOTICE LEFT, November 19, 2004, 2:35 pm, PHILADELPHIA, PA 19130
ACCEPTANCE, November 17, 2004, 3:45 pm, FAR ROCKAWAY, NY 11691

You entered 7003 2260 0001 9673 4451

Your item was delivered at 11:00 am on November 22, 2004 in BERKELEY,
CA 94709.

Here is what happened earlier:
ACCEPTANCE, November 17, 2004, 3:47 pm, FAR ROCKAWAY, NY 11691


12. From this it is apparent that all of the defendants received all
of the papers filed in court or else refused the mail and had it
returned before the November 22 date. Therefore, this court has
jurisdiction over all of them.



________________________
Samuel H. Sloan

Sworn to Before me this 9th
Day of December 2004


_________________________
NOTARY PUBLIC

"Sam Sloan" wrote in message
...
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
_______________________________________________

Sloan, you ought to get some legal help when crafting your "affidavits" so
as not to appear as a raving buffoon. Every judge in your burrough must be
laughing up his sleeve at you. Claiming something to be true under oath
when it is apparent you have no personal knowledge thereof is, well,
arguably perjurious. And why don't you take your OT and pathetic piXXing
contest out of misc.legal?