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