UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
In re: )
) Case No. 09-31932 TEC
ARDEN VAN UPP, )
) Chapter 11
Debtor. )
) Date: August 17, 2009
) Time: 9:30 a.m.
) Place: United States Bankruptcy Court
2550 Webster Street ) 235 Pine Street, Ctrm 23
San Francisco, CA 94115 ) San Francisco, California
) Judge: The Honorable Thomas E. Carlson
_________________________________________)
AFFIDAVIT OF SAMUEL HOWARD SLOAN IN OPPOSITION TO OPPOSITION TO MOTION
FOR AUTHORITY TO USE CASH COLLATERAL
Samuel H. Sloan, being duly sworn, deposes and says:
1.I am a long time resident of 2550 Webster Street, San Francisco,
California, one of the subject properties in this case. The electric
bill is in my name. My clothing, papers and personal effects are
present in the house. I have just learned that the room in which I
normally sleep has been ransacked. Uninvited persons have entered my
premises. I believe that many of my personal belongings have been
thrown out within the past few days.
2.I am especially alarmed by the “Declaration of Andrew A. Barnes”
dated August 13, 2009 that has been filed in this case. This Barnes
declaration contains many statements that are absolutely and utterly
false.
3.The Barnes Declaration contains the following false statements:
“Based on my personal observation, the Webster property is
uninhabitable. The interior walls were water-stained, the toilets were
overflown, and the roof was caving in. There was also a significant
amount of trash inside the property. The interior smelled of rust,
mildew, and urine. I could not see some of the interior rooms because
the doors were stuck shut. In short, there is severe damage throughout
the interior.”
4.Almost this entire paragraph is completely and utterly false. I
would be inclined to believe that Mr. Barnes must have never entered
the building at all, except that I have been informed that he was
inside the building this past week.
5. Mr. Barnes states, “the toilets were overflown”. This is not true
at all. The opposite is true. On July 21, 2009, three weeks ago, I
discovered a leak in the water pipe underneath the patio in the back
of the house. This explained the puddle of water underneath the house.
Accordingly, I had the plumber, whose name was Ron, turn off the water
in the house. Prior to turning off the water, I flushed all the
toilets to make sure that they were clear. As a result, there was
little water and no sewage left in the toilets. Since then, almost all
the water has dried up. As a result, not only are the toilets not
overflowing, but the toilets are all completely empty.
6.Similarly, Mr. Barnes states, “the roof was caving in”. This is
completely untrue. The roof is solid and sound. Miss Van Upp has spent
a great deal of money having the roof repaired and maintained.
7. Mr. Barnes states, “The interior smelled of rust, mildew, and
urine.” Again, this is completely untrue. There is no smell of any
kind in the building. I admit that there is a smell of urine in the
garage, which is a separate structure to the north or to the left as
you face the building. I suspect that the neighborhood bums and
derelicts contribute to that.
8.Similarly, I am not aware of any water stains on the interior walls
of the building.
9.Mr. Barnes states, “I could not see some of the interior rooms
because the doors were stuck shut.” This is absolutely false. All of
the interior doors are wide open. The only stuck door is half of the
door to the back patio. However, the back patio can be accessed
through another back door. There is no room and no part of the
building that was not accessible to Mr. Barnes.
10. The only part that I agree with is his statement that there was a
significant amount of trash around the property. However, Mr. Barnes's
idea of “trash” includes my possessions. I am a published author. I
have written six books and have contributed to numerous other
published titles. I have several not-yet-published hand-written
manuscripts of my books in this house. These manuscripts contain
highly confidential matters. I searched the house last week and could
not find many of my manuscripts. These manuscripts are potentially
worth millions. I fear that the visitors in this case may have thrown
them out. Arden Van Upp informs me that she discovered a white
knitting hand-crocheted by my great-grandmother in the 1880s that was
in the process of being thrown out before she rescued it. I have an
old photo album of photos of my ancestors taken during the period
1868-1880 that is in the house, plus some loose photos and some
letters in Swedish from the same period, but now I cannot find them
and I fear that they may have been stolen or thrown out.
11.I am by no means saying that the house is in perfect condition.
There are problems with the house. Indeed, I have tried to warn all
parties concerned not to enter the house. I am well aware of
everything in the house, including the trap door, the secret
passageways, the dumb waiter, the elevator, the crawl space and the
dungeon, all of which pose significant dangers to anybody who enters.
There are significant dangers of serious injury or even death to
anybody who enters this building. I have advised that anybody who
enters the building should be required first to sign a statement
holding harmless the building or its owner should any serious injury
or death result from anybody entering the building. Unfortunately, my
recommendations have been ignored, but fortunately so far nobody has
been injured during the last two weeks, at least not that I am aware.
12.I am distressed to learn from the court filings that an
unauthorized person named Sandra Barnes entered the building on August
12, 2009 and took photographs of the interior. I have advised Arden
Van Upp and her counsel that nobody should be allowed to enter the
building. While there is no danger that the roof will cave in, there
is a significant danger that the floor will cave in, particularly in
the solarium area. The outside back patio has already caved in. The
nearby solarium could cave in too. Contractors are working on shoring
up that area now. In spite of my warnings of the dangers in the
building, literally everybody and his brother has been inside the
building during the past few days. One person actually has had the
audacity to complain about her brother not being allowed in. For
years, nobody other than Arden Van Upp, her daughter, myself and my
daughter plus authorized contractors and workers have been allowed
inside the building. This building is a designated national, state and
city landmark. http://www.noehill.com/sf/landmarks/sf038.asp Suddenly
all kinds of random curiosity-seekers are roaming about unsupervised
inside the building. This must be stopped NOW.
13. I am concerned about the claim that the debtor owes $3,066,902.00
to 4 Quarters Investment Company. This is a false claim. The actual
amount owed is a fraction of that, less than a million. I would like
to see the computations on which this claim of $3,066,902 is based.
Similarly, the debtor says that she only received $65,000 of the
$300,000 that Margie Pocoroba says she loaned her. I fail to
understand why no proofs of claims filed in this case. I shall be
filing my own proof of claim.
14. Mr. Barnes states, “the Webster property is uninhabitable.” This
is not true. I spent the night there with my daughter two weeks ago.
There is nothing wrong with the place that I do not know about.
Incidentally, I was there for a mediation conference in San Francisco
Federal Court. I appeared before federal mediators Daniel Bowling and
Robin Riefkin, who are court appointed mediators in the case USCF vs.
Polgar, No. C 08-05126 MHP which is now pending before Judge Marilyn
Patel, and is related to the case Polgar vs. USCF, Sloan et al, 5:08
CV 00169–C, now pending in the United States District Court in Lubbock
Texas, in which I am being sued for $25 million. It is necessary for
me to defend against this $25 million lawsuit, because it will put a
serious dent in my finances should such a judgment be entered against
me. In connection with this case, I met with an agent of the United
States Secret Service on the 16th floor of the Federal Court House at
450 Golden Gate Avenue on July 16, 2009. Unfortunately, I neglected to
write down the name of the Secret Service Agent, but Mr. Daniel
Bowling and Mr. Gregory Alexander should remember his name.
15. Also, in connection with this case, I met on July 23, 2009 in San
Jose California with Assistant US Attorney Richard C. Chang, federal
prosecutor, in which I mentioned the Arden Van Upp Bankruptcy Case,
although my primary concern there was with the Chess Federation Case.
16. In summary, the declaration by Andrew A. Barnes is utterly false.
As he is the major creditor of the debtor, I must conclude that he
makes these false statements and deliberately denigrates the value of
the property so that he can steal this property in this bankruptcy
proceeding. His false statements that the roof is caving in, the walls
are water-stained and the doors are stuck shut and so on are obviously
intended to make the building seem to be worth much less than it
really is, so that he can get the property for himself.
WHEREFORE, for all of the reasons set forth above, the motion by the
creditors should be denied.
______________________
Samuel H. Sloan
2550 Webster Street
San Francisco CA 94115
Tel. 917-507-7226
Sworn to before me this 15th
Day of August 2009
______________________________
NOTARY PUBLIC
Affidavit of Service
Samuel H. Sloan does hereby swear and affirm that on August 15, 2009
he served the within “AFFIDAVIT OF SAMUEL HOWARD SLOAN IN OPPOSITION
TO OPPOSITION TO MOTION FOR AUTHORITY TO USE CASH COLLATERAL” by
mailing by electronic and postal mail a true copy of the same to the
following persons:
ROBERT A. FRANKLIN (091653)
DORIS A. KAELIN (162069)
LAURENT CHEN (191661)
MURRAY & MURRAY
A Professional Corporation
19400 Stevens Creek Blvd., Suite 200
Cupertino, CA 95014-2548
Email: rfra...@murraylaw.com
Email: dka...@murraylaw.com
Email: lc...@murraylaw.com
Attorneys for Creditor 4 QUARTERS INVESTMENT COMPANY
Stephen D. Finestone (125675)
LAW OFFICES OF STEPHEN D. FINESTONE
456 Montgomery Street, 20th Floor
San Francisco, CA 94104
E-Mail: sfine...@pobox.com
Minnie Loo
Office of the U.S. Trustee
235 Pine St., Ste. 700
San Francisco, CA 94104
Minni...@usdoj.gov
Mitchell R. Hadler
Attorney for Arden Van Upp
1450 Sutter Street 508
San Francisco, California 94109
mrha...@mrhadler.com
/s/_____________________
Samuel H. Sloan
2550 Webster Street
San Francisco CA 94115
Tel. 917-507-7226
samh...@gmail.com
Sworn to before me this 15th
Day of August 2009
______________________________
NOTARY PUBLIC
1.I am a long time resident of 2550 Webster Street, San Francisco,
California, Samuel H. Sloan
2550 Webster Street
San Francisco CA 94115
Tel. 917-507-7226
==============================
Didn't you just file a motion for rehearing in NY on the issue of
Goichberg's residence? Alleging that he was a resident of CA, not NY, which
would create diversity of citizenship, because you were resident of NY. Why
yes, I believe you did.
"Apparently, this court is saying that the burden is on me to prove
that Goichberg does not reside in New York State. I disagree. I feel
that the burden is on Goichberg to prove that he does live here [NY], which
I believe that he cannot prove because he rarely, almost never comes
here [NY] and has no street address [as do I, Sam Sloan
1664 Davidson Ave., Apt. 1B Bronx NY 10453-7877]
I, the undersigned, the petitioner named in the foregoing petition,
being duly sworn"
http://groups.google.com/group/rec.games.chess.politics/msg/ae15706780b3d3cf?hl=en&&q=sloan+motion
Duly sworn. Hopefully no one brings your perjury to the attention of the
courts in NY and CA.
Since 1991 I have been moving back and forth between my place in New
York and my place in San Francisco. However, I have only been using my
New York mailing address.
Arden Van Upp is an old girlfriend of mine from the 1960s.
Sam Sloan
> 10. The only part that I agree with is his statement that there was a
> significant amount of trash around the property. However, Mr. Barnes's
> idea of “trash” includes my possessions. I am a published author. I
> have written six books and have contributed to numerous other
> published titles. I have several not-yet-published hand-written
> manuscripts of my books in this house. These manuscripts contain
> highly confidential matters. I searched the house last week and could
> not find many of my manuscripts. These manuscripts are potentially
> worth millions. I fear that the visitors in this case may have thrown
> them out. Arden Van Upp informs me that she discovered a white
> knitting hand-crocheted by my great-grandmother in the 1880s that was
> in the process of being thrown out before she rescued it. I have an
> old photo album of photos of my ancestors taken during the period
> 1868-1880 that is in the house, plus some loose photos and some
> letters in Swedish from the same period, but now I cannot find them
> and I fear that they may have been stolen or thrown out.
I dare not explain what is so special about my missing manuscripts.
One of the missing manuscripts is my history of the Campus Sexual
Freedom League covering the period 1966-1967 at the University of
California at Berkeley. I hand wrote the manuscript in 1968 when the
events were fresh in my mind.
I never published it. It contains a list of all the girls with whom I
had sexual intercourse during that period. There were 58 names on the
list. I was very proud of that list when I was actively compiling it,
always seeking to add new names to my list. Most were students at the
University of California at Berkeley.
Some of the women on my list are socially prominent and well known
now. If this list falls into the wrong hands it could be highly
embarrassing to some of them or even possibly subject them to
blackmail.
Sam Sloan
Many of Sam Sloan's posts, perhaps most, are motivated by narcissism
and have little relevance to chess. This is a prime example.
Since 1991 I have been moving back and forth between my place in New
York and my place in San Francisco. However, I have only been using my
New York mailing address.
================
Um, moron, you can only have one legal residence. Last month you swore to a
court in NY that you were a legal resident of NY. This month you're swearing
to a court in CA that you're a long time resident of CA. So you were either
lying last month, or you're lying this month. It'd be a shame if someone
were to inform the courts of those states of the fraud you have perpetrated
upon them. I wouldn't worry though, seems like you're pretty well liked,
unlikely that anyone will drop a dime on you.
You seem not to be the lawyer you claim to be.
You are mixed up. A person can have many residences, but only one
domicile.
Sam Sloan
Wrong. You can have many residences, but only one domicile.
=============
You can have have as many residences as you like, subject to a judgment
proof taxi cab drivers salary obviously. What you can't have are two legal
residences.
"A person may have several temporary local residences, but can have only one
legal residence. A legal residence or domicile is the place where a person
has fixed an abode with the present intention of making it his permanent
abode." Keveloh v Carter.
So to recap. If you swear to be a resident of of NY in a NY court to give
yourself standing to sue in NY and while that case is pending swear in a CA
court that you're a resident of CA in order to create standing to sue in CA,
you've committed perjury. Hopefully, etc.
So sayeth administrative law clerk Brian Laughingstock. However, the courts
disagree.
Yea imagine having the world know that those teeny boppers slept with
the Sloan.
Read this story. Van Upp sounds exactly like Sloan!
http://www.sfweekly.com/1998-12-30/news/the-fortress-on-the-hill
For the nth time, my name isn't Paul, imbefuckingcile. And it's not the
exact point you made, the point you made is exactly the opposite, and
therefore wrong, twice now, even with a citation. It's the exact point I
made, which point you said was "wrong." Fuck off laughingstock, you're so
stupid you make my head hurt.
> >> Since 1991 I have been moving back and forth between my place in New
> >> York and my place in San Francisco. However, I have only been using my
> >> New York mailing address.
> >> Um, moron, you can only have one legal residence.
> > Wrong. You can have many residences, but only one domicile.
> So sayeth administrative law clerk Brian Laughingstock. However, the courts
> disagree.
>
> "A person may have several temporary local residences, but can have only one
> legal residence. A legal residence or domicile is the place where a person
> has fixed an abode with the present intention of making it his permanent
> abode." Keveloh v Carter.
According to the wording of that quotation, Mr.
Sloan would have no legal residence whatso-
ever, since he moves back and forth regularly
and has no /permanent/ abode.
In other words, were Mr. Toad a tad sharper,
he would have realized that the quotation is
inadequate to determine Mr. Sloan's legal
domicile-- or for that matter, anyone's who is
in the habit of bouncing around the country on
a regular basis. It is too simplistic, too naive.
It comes as no surprise to me that Mr. Sloan
is trying to have his cake and eat it, too, by
claiming in one case to be a legal resident of
New York and in another case /at the same
time/ to be a resident of California. But being
an accomplished liar or hyppocrite is not the
same thing as being guilty of perjury, as it is
defined by some applicable law.
To put it another way, what Mr. Toad needs to
do is quote the relevant law regarding /perjury/.
As I understand it, not only is two-faced hypo-
crisy such as Mr. Sloan's /not/ against the law,
but it is the de facto standard in such American
cities as, say, Washington, D.C. There are
people who are paid good money by the tax-
payers to get up before a camera and lie like a
rug. The most successful liars get promoted
to presidents or something of that sort, become
celebrities (very much like movie stars), and a
select few are even empowered to pardon
convicted criminals! So one can see, it is not
nearly enough to merely show that Mr. Sloan
has contradicted himself, once again.
-- help bot
>
> Read this story. Van Upp sounds exactly like Sloan!
>
> http://www.sfweekly.com/1998-12-30/news/the-fortress-on-the-hill- Hide quoted text -
It is not merely like Sloan. It is Sloan.
That is my house, where I am at this very moment.
Sam Sloan
Sam Sloan just admitted that he is Arden Van Upp?
Maybe he will sue himself?
If so, who do you bet will win?
Phil
===============
Foad: "you can only have one legal residence."
Brian Laughingstock: "Wrong. You can have many residences."
Foad: "A person may have . . . only one legal residence" quoting Keveloh v
Carter.
Brian Laughingstock: "That's exactly the point I made."
No. She is a senile old lady that Sam is exploiting. It is not his
house. He does not own it.
Is it true that the Brain, Mr. Lauffinstockings of Springfield Mass,
is a clerk?
I rather thought he was a Supreme Court Justice nominee [by Reagan]
who had not noticed absence of said Reagan.
I further admit that I have, nor never have had, interest in the law
inasmuch as it describes the least standard which society permits, and
furthermore, after conning numerous lawyers, see why.
That being an aside - though the dread force of legal complication in
the USA, where anyone may sue anyone else for any perceived slight,
seems rather intoxicated compared with real problems in the world,
rather than this narcissistic zone of importance conducted by those
who would for several years equivocate publicly on what is minimum.
I should add philosophically that what is minimum is not what is
sufficient! Certainly people need to get beyond the basics of things,
and enable themselves to admit greater issues in the world than mere
minimal circumstance.
This, I suggest, is achieved not by individual heroics, but by joining
with other of like mind to progress what actually is indicated by a
larger point of view.
Some people can do this without any explanation whatever, some others
insist upon their minimums as if those were personal maximums.
So what realm and position is occupied by the Brain Lardistocking
here?
Phil Innes
LOL
Well if one of his personas is male and the other.... no, I won't
speculate on anything except the facts.... LOL
I content myself with thanking everyone, whatever their gender. And
let's say, one side of one is such, and the other side other such, who
are we to judge?
Which is my original point: can you sue yourself?
Would Sloan-A win over Sloan-B so to speak?
Phil Innes
> thank you for sharing your thoughts, Toad.
Thank you for sharing your lack of them, Laughingstock.
>Which is my original point: can you sue yourself?
>Would Sloan-A win over Sloan-B so to speak?
>Phil Innes
I finally started thinkin' straight
When i ran outa things to investigate
I couldn't imagine nothin' else
An' now i'm home investigatin' myself
Hope i don't find out too much
(Dylan, "Talkin' John Birch Paranoid Blues")
I agree with this answer: Phil would win!
--
Wlod
Then the judge had said: "Is he in need of cold, unloving, rubber-
insulated sex in a seedy hotel round about quarter to one on a Tuesday
morning after an evening at the Caprice?"
NOT MY WORDS, BRUVVERS, NOT MY WORDS!