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Old December 8th 04, 07:20 PM
Sam Sloan
 
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Default Affidavit of Bill Goichberg in Opposition to Sloan

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

SAM SLOAN,
Petitioner,


AFFIDAVIT

-against-
INDEX
No. 2004-7739

BEATRIZ MARINELLO, TIM HANKE, STEPHEN
SHUTT, ELIZABETH SHAUGHNESSY, RANDY BAUER,
BILL GOICHBERG, KENNETH M. CHADWELL, AND
UNITED STATES CHESS FEDERATION,

Respondents
________________________________________________X

STATE OF NEW YORK )
)SS:
COUNTY OF ORANGE )


BILL GOICHBERG, being duly sworn, deposes and says:

1. I am the Executive Director of the United States of America
Chess Federation ("USCF") and a named respondent herein. I am
personally familiar with the facts to which I refer in this Affidavit.

2. My office is on the premises of USCF on Route 9W in New
Windsor. On Friday, November 19, 2004 USCF received at its offices an
Order to Show Cause dated November 16, 2004 initialed by Judge
Horowitz. The Order came in an envelope sent by certified mail. No
papers or documents were attached to the Order and nothing other than
the Order was in the envelope. I understand from reading this order
and from our counsel that the court directed the petitioner to make
personal on the respondents of all papers, including the affidavits
and petition, by November 22, 2004. (Copy pof the Order and its
envelope ids annexed as Exhibit A.) No person came to our offices on
November 19, 2004 to serve the Order or any prior day, even though our
offices were open as usual each day last week through 5 p.m. Friday
(November 19). Upon coming to work Monday morning, November 22, 2004
no other copies of the Order or any envelope containing any such Order
had been left at the premises, whether by posting on the door or
otherwise.

3. No other copy of the Order was received or delivered, whether
by mail or personal delivery, on November 22, 2004. Our offices were
open as usual from 9 a.m. to 5 p.m. that day.

4. On Tuesday, November 23, 2004 at 4:45 in the afternoon a man
came to our offices and delivered to me one copy of the same Order.
Once again, there were no other papers attached to the Order. To my
knowledge neither I nor USCF, nor any other Respondent, have been
served with a copy of the Order, Petition and other papers by personal
service on or before November 22, 2004.

5. I understand from our counsel that Mr. Sloan, among other
things, questions the authority of Ms. Marinello and Tim Hanke to
write checks and claims they control the funds representing the
proceeds from the sale of USCF's building on September 17, 2004. Ms.
Marinello as Executive Board president and Mr. Hanke as vice president
of finance have been authorized by the Life Member Assets Committee,
with the knowledge and approval of the Executive Board, to sign checks
on the accounts into which the sales proceeds were placed. The LMA
Committee has traditionally been the Board's delegate with respect to
the real estate and certain other funds.

These proceeds have continued to be properly accounted for. There has
been no diversion or taking of any of these funds. I, as Executive
Director, and Kenneth Thomas, Comptroller, and also Judy Misner of our
office, have check signing over USCF?fs general operating account.
Those funds are accounted for as well.


William
Goichberg


Sworn to before me this 24th day of November, 2004


Notary Public
Carol M. Scheer
Notary Public State of New York
No. 01SC4742131
Qualified in Orange County
Commission Expires August 31, 2005

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Old December 8th 04, 10:41 PM
 
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Sam,
Would you please forward this to the new USCF-chess google group? I
think is is important to have that posted there as well.
Thanks,
Rob

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