From: hkhenson@netcom.com (Keith Henson)
Date: Sat, 17 Feb 1996 05:21:08 +0800
To: cypherpunks@toad.com
Subject: (fwd) Fishman > Pest Control
Message-ID: <199602160751.XAA10419@netcom.netcom.com>
MIME-Version: 1.0
Content-Type: text/plain


I know there are services which can recover at least some of the data
on a formated disk.  Does anyone have a pointer to them?  Keith Henson

PS, Please reply by email.  I used to read this list, but it has been
some time since I was here.  I already asked the victum to quit using
the disk.  

Xref: netcom.com alt.religion.scientology:150246
Path: netcom.com!ix.netcom.com!netnews
From: xenu@ix.netcom.com(STEVEN FISHMAN )
Newsgroups: alt.religion.scientology
Subject: Fishman > Pest Control
Date: 15 Feb 1996 02:58:35 GMT
Organization: Netcom
Lines: 190
Message-ID: <4fu7gr$f07@cloner4.netcom.com>
NNTP-Posting-Host: ix-ftl5-11.ix.netcom.com
X-NETCOM-Date: Wed Feb 14  6:58:35 PM PST 1996

DECLARATION OF STEVEN FISHMAN

	1.	I, STEVEN FISHMAN, am a plaintiff and co-plaintiff along
with Dr. Uwe W. Geertz in the case before the Superior Court of the
State of
California, in and for the County Los Angeles, known as "Uwe Geertz and
Steven Fishman vs. Church of Scientology International et. al.", Case
Number BC 122 467.

	2.	On Thursday, February 8, 1996, I received a phone call from
a
woman in a mature voice who said she was from Sonny's Pest Control
Services.  She said that she was introducing her company to the
Sunshine
Ranches subdivision of Fort Lauderdale and offered me a free pest
control
spraying of both inside and outside the house, at no cost or
obligation.  As I
had not had a spraying done in five months due to my financial
situation, I
told her to send her representative to spray the house on Saturday
afternoon,
February 10, 1996.

	3.	On Saturday afternoon, about 3:00 P.M., two pest control
workers arrived at the house.  They introduced themselves as Eddie and
Amy,
and said they were from Sonny's Pest Control.  They were very clean cut
and
had canisters of pest control spray.  They both wore white shirts. 
Eddie had a
tie on, and Amy was wearing denim shorts.  Eddie shook my hand and told
me that Amy was his sister.  They were very friendly and knowledgeable
about pest control.  Eddie seemed genuinely concerned about my parrot,
and
said that the spray his company used would not hurt the bird, and also
began
describing three kinds of carpenter ants which his spray would contain.
 

	4.	Eddie began spraying the inside of the house and Amy
suggested
I show her which plants outside had the most ants.  She was also very
knowledgeable about plants and was very friendly and congenial.  She
was
smiling a lot and I found her attractive so we spoke for about ten
minutes
outside.

	5. 	We then went back inside and I told Eddie I liked their
work and
I would call them in a month if I were financially able to afford their
services
because I was currently looking for a job.  Eddie asked me to write
down his
phone number so I could call him.  I asked him for a business card but
he said
they were not ready yet.  Amy asked if I was pleased with their service
and I
said it was very well done.  I left a few minutes after they did to go
pick up
my daughter who was a hostess at the Renaissance Festival.

	6.	When I returned around 5:30 P.M., I turned on my computer
and
I found the screen blank except for the words c:\format c: and
underneath it
100% formatted.  Everything on my hard drive had been erased, including
the
rough drafts of my opposition motion to defendants' notice of motion to
quash service of process of David Miscavige and my opposition motion to
defendants' notice of motion and special motion to strike the second
amended
complaints of plaintiffs pursuant to C.C.P. § 425.16 (SLAPP Suit). 
Furthermore, all of my research, including my original complaint and
all of
my Internet files were simultaneously destroyed when my hard drive was
formatted.

	7.	I checked the house and nothing had been taken.  I had $ 40
in
my wallet which was on a table in plain view in my bedroom and nothing
was
stolen from out of it.  The sole purpose of these two pest control
sprayers was
to re-format my hard drive and render it impossible for me to send in
my
motions and also go on the Internet.  I also had important
correspondence on
my hard disk with the Internal Revenue Service about my effort to
overturn
the tax exempt status of the Church of Scientology, as well as letters
of
complaints to the Food and Drug Administration regarding the Church of
Scientology's Super VII E-Meter not being an approved device for the
treatment of mental illness, and my complete file on the criminal
activities of
Church officials including Defendant Eugene Ingram is now gone.

	8.	At no time did Eddie and Amy mention anything about
Scientology.  They only talked about pest control, my bird, and the
outdoor
plants and their services.  I tried calling the number Eddie gave me
but it was
not the number for Sonny's Pest Control Services, and the party who
answered it said she has had that number for many years and I reached a
trailer park near the Seminole Bingo on State Road 7.  The woman said
it was
a wrong number and she never heard of Eddie or Amy.

	9.	I had been working on the preparation of two motions for
the
Status Conference for nearly a month, doing legal research and typing
between 14 and 16 hours a day, without the benefit of legal help.  When
I lost
all of my data, I had chest pains and became physically sick and
depressed
for several days and I remained in bed.  All of the work I had done was
gone
and I was unable to locate these two people.

	10.	I cannot prove that these individuals were Scientologists
or
connected with the Office of Special Affairs.  I do not even have their
last
names or even know if Eddie and Amy are their correct first names.  I
never
thought of putting a password system on my computer because the only
two
people who use the computer are myself and my daughter Elysia.  I had
no
backup of my data.  

	11.	I called the Microsoft help line at (206) 646-5104 and
spoke to a
support engineer named David.  I explained to David what had happened,
and
he assigned my problem a task number 14803868, and told me to use a
recovery disk to get my DOS prompt back, so I could re-install Windows
and
the word processor software (Works for Windows).  I was finally able to
get
the word processor loaded on Tuesday evening at 11:23 P.M.  There was
no
time to re-write the opposition motions since the replies had to be in
the Court
file by Friday, February 16, 1996.

	12.	I am therefore joining with Dr. Geertz's two opposition
motions
because there is insufficient time to re-write my own opposition
motions, and
I do not want to ask the Court for a delay in order to prepare the
motions over
again, because I would have to pay a penalty for changing my
non-refundable
airline tickets for the Status Conference, which I can't afford.  

	13.	I just wanted the Court to take notice of what happened to
me as
I believe it was a deliberate attempt to sabotage my legal work, and/or
to
keep me off the Internet because I have been a vocal critic of the
Church of
Scientology on the newsgroup alt.religion.scientology and on the
International
Relay Chat Channel #scientology as of late.  And, as I said before,
even
though I believe I know who is responsible, I can't prove it.  However,
I
would like the Court to take judicial notice of it in the event this
type of
operation occurs again or in a similar fashion to interfere with my
right to
litigate this case.  

	14.	I declare under penalty of perjury that the aforementioned
facts
set forth are true and correct.



Respectfully Submitted,			Dated:  February 14, 1996


___________________________
Steven Fishman
Plaintiff Pro Se
12980 S. W. 48th Street
Fort Lauderdale, Florida  33330-2339