Doc 201-10 Liberi v Belcher - Plaintiffs Decl of Lisa Ostella

8/3/2019 Doc 201-10 Liberi v Belcher - Plaintiffs Decl of Lisa Ostella

http://slidepdf.com/reader/full/doc-201-10-liberi-v-belcher-plaintiffs-decl-of-lisa-ostella 1/12

1

Declaration of Lisa Ostella 12/19/2011

Law Offices of:PHILIP J. BERG, ESQUIREIdentification No. 09867555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531Ph: (610) 825-3134

Fx: (610) 834-7659Email: [email protected] Attorney in pro se

EVELYN ADAMS, Plaintiff c/o PHILIP J. BERG, ESQUIRE555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531

Ph: (610) 825-3134Fx: (610) 834-7659

Email: [email protected]

LISA OSTELLA, and GO EXCEL GLOBAL, Plaintiffsc/o PHILIP J. BERG, ESQUIRE555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531Ph: (610) 825-3134

Fx: (610) 834-7659Email: [email protected]

LISA LIBERI, Plaintiff

c/o PHILIP J. BERG, ESQUIRE555 Andorra Glen Court, Suite 12Lafayette Hill, PA 19444-2531

Ph: (610) 825-3134Fx: (610) 834-7659

Email: [email protected]

U.S. DISTRICT COURT, NORTHERN DISTRICT OF TEXASAMARILLO DIVISION

_____________________________________________

LISA LIBERI, et al, Plaintiffs,

vs.

LINDA SUE BELCHER, et al,

Defendants.

:::::::::

CIVIL ACTION

Case No. 2:11-cv-00090-J

Honorable Mary Lou Robinson

Case 2:11-cv-00090-J Document 201-10 Filed 12/20/11 Page 1 of 12 PageID 4641



2


DECLARATION OF LISA OSTELLA

I, Lisa Ostella am over the age of eighteen and am a Plaintiff in the within

action. I have personal knowledge of the facts herein and if called to do so I could

and would completely 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 have witnessed the actions of the Defendants that gave rise to the

filing of this lawsuit in Pennsylvania. This case was severed into two parts, and

transferred to California and Texas.

2. On Wednesday, December 14, 2011, Plaintiff Lisa Liberi, herein

Liberi, called me and informed me that Defendant Edgar Hale, herein at times

Hale, sent an email claiming he filed bankruptcy. On Thursday, December 15,

2011, Liberi contacted me after she spoke with the attorney, Patrick Swindell, Esq.,

Hale claimed to represent he and his wife in the bankruptcy. Liberi was able to

obtain from Mr. Swindell’s office the bankruptcy case number. Liberi gave me the

case number and I immediately pulled the bankruptcy docket through my account

with PACER.

3. I downloaded from PACER the Docket to case No. 11-20630 attached

to Plaintiffs Notice to the Court of Fraud by Defendants Edgar and Caren Hale

[“Plaintiffs Notice to the Court”], attached as Exhibit “5”. The Bankruptcy Docket

shows Edgar and Caren Hale filed a No Asset Chapter 7 bankruptcy as joint




3


debtors on November 3, 2011. Defendants Bar H Farms, KPRN AM 1610 and/or

Plains Radio are not listed in this bankruptcy as debtors.

4. As per Liberi’s instruction, I pulled the Hales’ Credit Matrix from the

Docket of the Hales’ Bankruptcy, the Credit Matrix is attached to Plaintiffs Notice

to the Court as Exhibit “6”. None of the plaintiffs, or this case is listed in the

Credit Matrix List of Creditors filed in the Hales’ Bankruptcy. I sent the

documents from the docket to Liberi.

5. Also, Liberi asked me to click on the creditors tab in the pacer menu

to see if any creditors had been added by the Hales since the filing of their Credit

Matrix list of Creditors. I did and copied all the creditors. Again, none of the

plaintiffs or this case are listed in the list of creditors. This list is attached to

Plaintiffs Notice to the Court as Exhibit “7”.

6. I conducted a search in the United States Bankruptcy Court, Northern

District of Texas for Bar H Farms, no cases were found, see Exhibit “8” attached to

Plaintiffs Notice to the Court. I next searched for Plains Radio Network, no cases

were found, see Exhibit “9” attached to Plaintiffs Notice to the Court. I conducted

another search for KPRN, no cases were found, see Exhibit “10” attached to

Plaintiffs Notice to the Court. My last search was for Plains Radio, and no cases

were found, see Exhibit “11” attached to Plaintiffs Notice to the Court.




4


7. While I was in the Hales Bankruptcy Docket, I downloaded the Hales

Bankruptcy Petition, see Exhibit “13” attached to Plaintiffs Notice to the Court.

The Hales Bankruptcy Schedule A was not located with the petition, so I

downloaded that separately, see Exhibit “12”. I sent the Petition along with

Exhibit “A” to Plaintiffs Lisa Liberi and Philip J. Berg Esq.

8. On August 16, 2011, Defendant Edgar Hale broadcast a radio show

on his Plains Radio Network announcing how he was going to file bankruptcy just

for the sole purpose of avoiding any obligations to us, the Plaintiffs in this within

lawsuit, see the radio transcript attached hereto as EXHIBIT “A”.

9. Since 2009, I have transcribed previous radio shows from Plains

Radio Network, Inc. hosted by Defendants Edgar and Caren Hale. In various

radio shows, Defendant Edgar Hale has made statements that none of the Plaintiffs

would receive one thin dime from him in speaking of this suit. These previous

radio show transcripts have been filed on the docket of this case. But August 16,

2011 was the most direct with plain spoken plans of filing a bankruptcy with the

focus on us, the plaintiffs in this within lawsuit.

10. I am aware that Defendants Edgar and Caren Hale own 1401 Bowie

Street, Wellington, Texas, the property they reside in, as well as two (2) rental

properties, and all three of these homes are under Bar H Farms. In looking at

Edgar and Caren Hale’s bankruptcy schedules, I did not see anywhere they listed




5


these three properties, or any rental income that they receive from their two rental

properties. I also could not locate the AM Radio Tower (KPRN) the Hales own, or

anything about Plains Radio Network, Inc.

11. I also looked for the paid advertisements that Edgar and Caren Hale

receive from the ads placed on their websites, sponsors from their radio shows,

coverage from their local news website and webcasts, but could not find them

listed in the bankruptcy. Nor did I see income received from their various web

platforms, their web hosting or their various web based affiliate programs. Income

was also not listed from donations collected at plainsradionetwork.com. And, I was

unable to locate where they included their income from their online gambling

websites on any of their bankruptcy schedules.

I declare under the penalty of perjury of the Laws of the United States and

Texas that the foregoing is true and correct.

Executed this 19th day of December, 2011.

I have authorized Mr. Berg to sign my name electronically, which I

have initialed so he is able to file my Declaration electronically and

not provide the Defendants with my full signature for the reasons

outlined in my previous declarations.

/s/ Lisa Ostella

Lisa Ostella, Plaintiff




6


EXHIBIT “A”




1Ed Hale, Plains Radio Network

Lion’s Den - Aug. 16, 2011

Ed Hale Plains Radio Network

Lion's Den

08-16-2011

58:40

Transcription by Go Excel GlobalLisa Ostella

1:18 - Bumper

6:17Well good evening everyone and welcome to the Lion's Den. I am your humble host,Ed Hale. And tonight is probably going to be my last show for a while. I uh, just, there'sno fun in doing this anymore folks. The fun has been taken out of it. I have been used

and abused and I'm just sick and tired of the whole gang.

6:52I have talked to Caren and we have decided that around September 1, we're going todeclare bankruptcy and then Mr. Berg can take his lawsuit and go to hell. This man isone of the biggest criminals that ever walked on the face of this planet. He is a liar anda thief. And you know something? I can prove every word I'm saying.

7:24He has no respect for the courts. The judge in Amarillo, Judge Mary Lou Robinson,gave this man an order to have local council within 14 days. That was on June 17th.He was denied to send anything else in until he has local council.

7:50Yet, this past week, they filed a motion on the pretense of pro se. But everything wasdirected back to Mr. Berg. That is bullshit. And then today, they filed another motion onthe pretense of pro se. The only problem with this pro se is that their all typedsignatures. There is no signature one from Evelyn Adams, Lisa Ostrella, Phil Berg, or Lisa Liberi. They all, Berg is getting around the courts by using this pro se thing.

8:32You know I filed a motion to dismiss based on the First Amendment. I cited eight [8]different cases the latest being Sullivan v. New York Times. In which the SupremeCourt held that the First Amendment Right to Freedom of Speech should be paramountin all respects. Their answer to the motion was one little case that happened in 1940when a group of racists went out and manufactured a bunch of lithograph trying to stir up segregation. The State of Illinois charged them with a crime. And the Supreme

Case 2:11-cv-00090-J Document 190-3 Filed 09/01/11 Page 1 of 6 PageID 4337Case 2:11-cv-00090-J Document 201-10 Filed 12/20/11 Page 7 of 12 PageID 4647





Court upheld the crime. But the charge was manufacturing and selling. It had nothingto do with free speech. But these jackasses they lead the judge to believe that.

9:40

And then I filed sixteen [16] exhibits. Sixteen [16] exhibits. Six [6] of them were audiotapes of Berg and MommaE. They said they were irrelevant. They were what?Hearsay and what say and all of that. Well, it was their own damn voices. How couldthey say it hearsay and crap? You know, they are criminals.

10:12That's why Lisa Liberi spent that time on probation. Cause she is a criminal. She hasnot quit. And here's something funny [inaudible]. Before the December 20th hearing,2010. Lisa Liberi sent a subpoena to the privacy or whatever it is domain control inorder to get whoever owned the domain lisalibericriminal or something like that dot com.They never sent a copy of that to any of us. So, I figured well what the hell if they can do

it why can't I?

10:54So I sent out one because I want to get her phone records. I sent one to QuestCommunications and Quest sent it back and also sent it to the court. Boy they did a shithammer just bent over this. They filed a motion and all this good shit. Yeah. They cando it but I can't. You know, these people are criminals and they need to be locked up.

11:20And I tell you something, if that judge, I sent in, which will be filed tomorrow, a motion tobe able to subpoena. And if I get that motion, to be able to subpoena, I will subpoenaher telephone records. I will subpoena this George Donnelson, the private investigator in Hawaii. His records. I will prove where this woman forged a document to a courthere in Wellington and when I give it to the D.A., he will put her butt in jail for ten [10]years. Now that's why they don't want me getting a holds of that stuff. Because all I gotto do is prove it. And, the D.A. will come after them.

12:03And you know, I tell you what I'm sick of the whole damn charade. You know that judgeup there in Amarillo does nothing. She allows Berg to run all over her. She will notenforce her order. And kick their motion back and say denied because you do not havethe authority to put them in here. But instead she files them. What's wrong with thiscountry?

12:36[off topic]






13:21But these people, they use the system to abuse other people. And like I say, this will bemy last broadcast. I'll assume Joe sabi will probably go ahead. I'll send Joe the codesto the radio player and let him do his own broadcast whenever he wants to. But I'mdone. I'm finished. You know. It's a sad thing in America when you no longer have free

speech. And that's what's happened folks.

14:06Mr. Berg and company, they have stifled my free speech. You know, there's nothing Ican do. I can go and declare bankruptcy, it'll disappear and I can go on with my life.And trust me, they won't get a damn dime because the farm is in my and Caren's nameand in Texas, you are allowed up to 200 acres in a bankruptcy. And uh, we own noother property, I mean we do own some other property; we got a couple of pickups anda car. But their all tied up with the bank. We owe the bank more than what the other property is worth. And what will do is resign the notes with the bank and keep makingthe payments.

14:53But Berg will not get one damn dime. And you know something; I have been outthousands and thousands of dollars on this. And I don't see an end in sight becauseour court systems are crooked. They allow shysters like Philip Berg to do whatever theywant to whenever they want to. I always thought that the court had an obligation to gofor the truth. I don't think they care anymore. You know, I just don't really think theygive a damn anymore. I think it's reached a point where this country is so damn corrupt,that nobody gives a shit.You know there's three people sitting in the chat room tonight. They care. But let metell you something, what about the millions of other out there that don't give a damn.We can't win folks. We can never win.

15:54I started this broadcast years, almost 3 years ago, with the idea that I can make achange, that I can help this country. The only thing it did is bring me heartache, it's costme thousands of dollars, and at this point, it is not worth it. You know, I just, I can't goon. So like I said, this will be my last broadcast. And like I say, Mr. Berg, I'm going tofile bankruptcy the first of the month soon as I get my VA check. And I'll see you deadin hell before you ever get a dime of my money. And that's just an expression thatyou're not going to get a dime. And that's an expression that you aint gettin a dime.Has nothing to do with me shooting you or anything else. But I'm sure you'll probablysend that out to the judge that I threatened you already. So I am tape recording this.And I'll send the judge a copy of it.

17:10But you know I think it's time. I tell you what; I didn't realize that our court system was socorrupt. And, I kept thinking, you know here's Dr. Orly Taitz out there fighting like hell. I






kept thinking one of these judges is going to see the light and let her go. They’re goingto get [inaudible]. It never happened. I now know why. Cause this system is corrupt.Every judge in that system is corrupt. They don't give a damn. All their wantin is their few bucks and their retirement. They don't care about the truth. They could give a shitless about the truth. But anyway. I guess I said about everything I can say. Well I

guess it's time to go onto another subject. Let me see if I can find a song here to play.

18:16[off topic]

48:12I enjoy the hell out of doing radio. I don't want to leave it but I don't see that I have achoice at this point. You know I just, I just don't know what to do. And you know, it's like,this Berg thing is driving me up a damn wall. I got to do something to get rid of that.And the only thing I can see is bankruptcy. But you know something, the sad thing in

this, is that I was right. I've done nothing wrong. But you know I can't convince a judgeof that. So you know, I'm just beating my head against a damn brick wall. And thatreaches a point in time; I think any military officer will tell you this, that you have to makea strategic withdrawal. And that's what I'm doing. By this right here. I just don't see noother way out of it. I mean, I cannot get the judge to act on it. Berg, he just walks allover the courts. To me, it's just not worth the heartache that I'm going through. Soanyway, that's where we stand at that point.

49:35But I want to thank all the many of friends that I've developed over the past three [3]years. And you know, like I say, this may not be the last one. When [inaudible] declaresbankruptcy I may come back and start doing shows again. If it will become fun again, Idon't mind doing the shows. But it's not fun. If it's like it is right now it aint worth doingit. Because I just don't see anything happening that's going to change the system.Yeah, there are a few of us out there that can see it. If you are sitting in this room, inthat chat room tonight, that can see it. But you know something; we are so few and far between, that there is nothing we can do to change anything. Don't think we didn't giveit a hell of a battle, because we did. But there is always somebody out there who'sgoing to something to stop you.

50:40Aint that sad? But that's America. They have the freedom. They have the right to dothat. Unless you’re me. And then you don't have a freedom of speech anymore. Butanyway, I'm going to, after I get off the show here I'm going to end the broadcast at 9:00tonight. I'm just going to do one hour. I'm going to sit down. And I'm going to answer Mr. Berg's latest motion. And you know basically what I'm going to say is judge, whatare you allowing this to happen? Why are you allowing him to file this when you told himhe could not? He's violating your orders and yet you’re sitting there and you’re taking






it? You're allowing it to happen? Where is the truth and justice in this country? That'sbasically what I'm going to say in that rebuttal.

51:36[off topic]





Documents

Doc 201-10 Liberi v Belcher - Plaintiffs Decl of Lisa Ostella