Case 2:11-cv-00090-J Document 201-8

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PHILIP J. BERG, ESQUIRE 555 Andorra Glen Court, Suite 12 Lafayette Hill, PA 19444-2531 Ph: (610) 825-3134 Fx: (610) 834-7659 Email: philjberg@gmail.com

U.S. DISTRICT COURT, NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION _____________________________________________ : LISA LIBERI, et al, Plaintiffs, : CIVIL ACTION : vs. : : Case No. 2:11-cv-00090-J : LINDA SUE BELCHER, et al, : Honorable Mary Lou Robinson : Defendants. : DECLARATION OF PHILIP J. BERG, ESQUIRE I, Philip J. Berg, Esquire, am over the age of 18 and am a party to the within action. I have personal knowledge of the facts herein, and if called to do, I could and would competently testify. I am making this Declaration under the penalty of perjury of the Laws of the United States pursuant to 28 U.S.C. 1746. 1. I am an Attorney in good standing, licensed to practice law in the

Commonwealth of Pennsylvania. I am licensed to practice in the U.S. District Courts, Middle and Eastern District of Pennsylvania; Third Circuit Court of Appeals; the Pennsylvania Supreme Court; and the U.S. Supreme Court.

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2.

I was the Attorney of record in this case while it was pending in the

U.S. District Court, Eastern District of Pennsylvania, prior to its transfer to California and Texas. I am very aware of the events surrounding this case. On December 13, 2011, I received this Courts Order, Ordering the case to Mediation, DN 200. 3. All the Plaintiffs immediately conferred regarding our requirements

for Mediation. Plaintiff Lisa Liberi is my paralegal, and she obtained names of Mediators in Amarillo, Texas. 4. On December 14, 2011, Plaintiffs and I prepared and sent an email to

Defendants Linda Sue Belcher, Edgar Hale, Caren Hale, Bar H Farms, Plains Radio Network and KPRN AM 1610 with a copy of this Courts December 13, 2011 Order attached regarding Mediations and the requirements specified by the Court. We included the names of the Mediators and advised that Defendants could use our list or obtain their own. We also set a Conference with all Plaintiffs and Defendants for Wednesday, December 21, 2011 at 1:00 p.m. This email is

attached to Plaintiffs Notice to the Court of Fraud committed by Defendants Edgar and Caren Hale [Plaintiffs Notice] as EXHIBIT 1. 5. In the evening of December 14, 2011, I received an email from

Defendant Edgar Hale, the tone of which was hostile, claiming he had filed Bankruptcy. This email is attached to Plaintiffs Notice as EXHIBIT 2.
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6.

We responded asking Mr. Hale who had filed Bankruptcy, what

Chapter of Bankruptcy, the Case number, and the Judge and Court in which this Bankruptcy was assigned. We also notified Mr. Hale that none of the Plaintiffs and/or this Court were placed on notice of any Bankruptcy filing. A copy of this email is attached to Plaintiffs Notice as EXHIBIT 3. 7. Mr. Hale responded, again very nasty, and stated we were all aware

and his attorney was Patrick Swindell located in Amarillo, Texas. Mr. Hales Email is attached to Plaintiffs Notice as EXHIBIT 4. 8. Friday, December 15, 2011, Plaintiff Liberi contacted Mr. Swindells

office. Mrs. Liberi was able to obtain the case number and district in which the Bankruptcy was filed. Mr. Swindell was in Court according to his secretary and Mrs. Liberi left a message for Mr. Swindell to call me. To date, I have not received a return call. Mr. Swindells Secretary stated Mr. and Mrs. Hale filed a No Asset Chapter 7 Bankruptcy in the United States Bankruptcy Court, Northern District of Texas, Amarillo Division, with Case No. 11-20630. 9. Mrs. Ostella and Mrs. Liberi worked together and pulled the

Bankruptcy filing. Mrs. Ostella and Mrs. Liberi pulled Mr. and Mrs. Hales Bankruptcy Docket; Credit Matrix list of Creditors; the Bankruptcy Dockets Creditor List; Mr. & Mrs. Bankruptcy Petition with Schedules B through J; and Mr. & Mrs. Hales Bankruptcy Schedule A. Mrs. Ostella also conducted
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searches in the Bankruptcy Docket for Bar H Farms, Plains Radio Network, Plains Radio and KPRN AM 1610, which returned no results. All these documents are attached to Plaintiffs Notice as EXHIBITS 5 through 13. 10. We learned the Meeting of the Creditors was scheduled in Mr. and None of the

Mrs. Hales Bankruptcy for December 15, 2011 at 3:00 p.m.

Plaintiffs had time to make travel arrangements in order to attend. Mrs. Liberi was in contact with Thomas Buckley, Esquire who specializes in Bankruptcies. Mr. Buckley attended the Hearing; however, Mr. and Mrs. Hale did not appear. Instead, they hired Patrick Swindell, Esquire to appear on their behalf and continue the Meeting of the Creditors as they claimed they were sick. The new date set for Mr. and Mrs. Hales Meeting of the Creditors is January 10, 2012. 11. Mrs. Liberi went onto the Collingsworth County Tax Records at

http://www.taxnetusa.com/texas/collingsworth. Mrs. Liberi located Mr. and Mrs. Hales property located at 1401 Bowie Street, Wellington, Texas 79095, the property in which they reside, in the name of Bar H Farms. Mr. and Mrs. Hale placed their home in Wellington in the name of Bar H Farms on February 14, 2006. Mr. and Mrs. Hales two [2] rental properties located on Haskell and Belton Street in Wellington, Texas were also placed in the name of Bar H Farms on February 14, 2006. Mr. and Mrs. Hales farm land was also in the name of Bar H Farms, until July 1, 2010, at which time, Mr. and Mrs. Hale took the property out
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of the name of Bar H Farms and placed it in their own names, Edgar S. Hale III and Caren Hale. There is strong evidence to suggest the farm land was taken out of Bar H Farms name and placed in the Hales name for no other reason than to exempt the property in the Bankruptcy they had been planning, and had just filed November 3, 2011. Mrs. Liberi also located the property records for 4 Ennis Street, Wellington, Texas 79095 which was in the name of Bar H Farms, Inc. owned by Defendants Edgar and Caren Hale until September 16, 2010, at which time Defendants Edgar and Caren Hale fraudulently transferred the property into the name of Stacy Lynn Andrews. The property records are attached to Plaintiffs Notice as EXHIBITS 14 through 18. 12. I received another Email from Mr. Hale with a letter addressed to

Your Honor attached. In this letter to the Court, Mr. and Mrs. Hale claim that they filed Bankruptcy as did Plains Radio Network, KPRN AM 1610 and Bar H Farms. Mr. and Mrs. Hale are the only parties who filed Bankruptcy. None of their corporations filed, and Mr. and Mrs. Hale checked the box on schedule H which states there are not any co-debtors. Mr. Hales Email with the letter to Your Honor is attached to Plaintiffs Notice as EXHIBIT 20. 13. As can be seen by Defendants Edgar and Caren Hales Bankruptcy

filings, their Petition and Schedules, Bar H Farms, Plains Radio Network and/or

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KPRN AM 1610 has never filed Bankruptcy. The Chapter 7 no asset case, filed based on fraud, was filed by Defendants Edgar and Caren Hale only. 14. This Court may recall, on May 20, 2011, appearing as Docket No.

175, this Court ordered the Hale Defendants to file an immediate response as to the status of their entities: Bar H Farms, Plains Radio Network and KPRN AM 1610. This Courts Order is attached to Plaintiffs Notice as EXHIBIT 21. 15. Defendants Edgar and Caren Hale responded to this Courts Order on

May 26, 2011 by letter brief, which appears on this Courts Docket as Docket No. 176. The Hales in their letter brief claimed that Plains Radio Network was no longer a corporation and KPRN AM 1610 was part of Plains Radio Network. In reality, KPRN AM 1610 is the radio tower the Hales own which they use to broadcast their radio show Plains Radio Network, Inc. also known as Plains Radio across the AM radio stations. In this letter brief, the Hales also state they do not know what or who Bar H Farms is, that it is only an Email address that Mr. Hale used barhfarms@gmail.com. The Hales go on further attempting to deceive this Court stating that none of their entities own any assets and that they should be dismissed, especially Bar H Farms. Both Caren and Edgar Hale signed this letter Brief. The Hales letter Brief is attached to Plaintiffs Notice as EXHIBIT 22. 16. As this Court can see, the Hales have been untruthful with this Court

from day one. The Hale Defendants knew exactly who Bar H Farms was, they
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knew it was a Corporation, and they knew they owned it. Contrary to the Hales false statements to this Court, the Hale Defendants knew full well that all their real property was in the name of Bar H Farms. 17. Defendants Edgar and Caren Hale will not stop their fraudulent

tactics, which are extremely prejudicial and costly to the Plaintiffs, until this Court takes action to stop the fraudulent behavior. 18. With this said, I agree with the other Plaintiffs, we pray this Court

takes action against the Hale Defendants for their perjury, fraud, attempted fraud, refusal to abide by this Courts Orders and illegal behaviors. I declare under the penalty of perjury of the Laws of the United States and the State of Texas that the foregoing is true and correct. Executed this 20th day of December, 2011, in the Commonwealth of Pennsylvania, County of Montgomery.

/s/ Philip J. Berg PHILIP J. BERG, ESQUIRE

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