STARK FOUNDATION
vs
STARK FAMILY

ORANGE, TEXAS
"Just The Facts"
March 13,2005


They bought hundreds of Dunton's paintings during the Depression......??Nelda didn't marry H J Lutcher Stark till 1943??...They must mean Nita Hill Stark, first wife of H J Lutcher Stark from 1911 till her death in1939....

If a document is notorized and filed in the public record, can a county clerk alter that document at a later date and then "put it back" in public record? Would this be considered illegal? Is that altered document now null and void?

If the an attorney advises a person to join the opposing side "to protect that persons interest", would this be illegal, unethical or neither?

If a judge is asked to hear a case where one of the litigants in that case is the Father of a former associate attorney in his court, should that judge step aside and recuse himself or continue on and hear the case?

Can a creditor in a bankruptcy case file a lawsuit against the "bankruptee" while that person is "protected" by bankruptcy? Can a lawyer representing "the firm" file suit against a former client now in bankruptcy?

Nelda Stark wanted to change her will shortly before she died in 1999. Walter G Riedel III said she looked at her will, pointed to Roy Wingate's name and said, "I do not want him to be an executor of my will." This was not done Mr Riedel said "because of her health, we needed to stick to the will that we had" and they did not want to hurt Roy's feelings. Walter G Riedel III stated he "did not interpret this to mean Mrs Stark wanted to change her will." Because of the timing, being so close to her death, "they did not want to jeopardize the other will." However, shortly before her death the executors allowed Nelda Stark to sign a document granting Eunice Benckenstein her full power of attorney. Nelda Stark died December 13, 1999, her executors were Eunice Benckenstein, Walter G Riedel III, and Roy Wingate

If a lawyer participates in the concealment of documents or the actual burning of documents during an ongoing investigation, would that be grounds for disbarment? Is it illegal?

If a sitting judge places a phone call to one of the litigants of an active case in their court, is this considered illegal, unethical or none of the above?

The Boy Scouts approached the Stark Foundation with the idea of selling Camp Bill Stark and using the funds at Camp Urland. Lutcher Stark (prior to being removed from the board) suggested to the Stark Foundation Board of letting the Camp Fire Girls at Camp Ottanya take it over to keep it operating as H J L Stark intended, "a camp for kids."---No Such Luck! Camp Bill Stark was closed, sold and logged. The proceeds from the sale were put into an endowment for Camp Urland, which is against Stark Foundation grant policy....

The Stark Foundation funded scholarships to Berea College in Kentucky for 4 years. Is Kentucky in Southeast Texas or Southwest Louisiana?

W H STARK II FAMILY
STATE OF TEXAS
THE W H STARK FAMILY "ORIGINAL" RELEASE
W H STARK II FAMILY SUED BY STARK FOUNDATION----July 14, 2000
After Nelda C Stark death in December, 1999, Stark Foundation files lawsuit requesting adjudication on release signed by W H Stark Family in 1988 lawsuit. Judge Duggan says release is valid, then approves motion for summary judgment by Stark Foundation requiring the W H Stark II Family to pay attorney fees of $610,000. (MEMORANDUM IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT)
MOTION TO DISQUALIFY(RECUSE) JUDGE BUDDIE HAHN--January, 2001
TEXAS APPEALS COURT
W H STARK II FAMILY LAWSUIT APPEAL(TEXAS)----May 3, 2004
Request for oral argument denied
STATE OF LOUISIANA
W H STARK II FAMILY LAWSUIT APPEAL(LOUISIANA)----April 15, 2004
JUDGEMENT, COURT OF APPEALS---September 29, 2004
Judgement of dismissal is hereby affirmed
LOUISIANA SUPREME COURT
APPLICATION FOR SUPERVISORY WRIT OF REVIEW----October,2004
HOMER B H STARK FAMILY
PROCEDURAL EVENTS
HOMER B H STARK FAMILY LAWSUIT(TEXAS)----March, 2002
JUDGE PAT CLARK---
CLARK'S LETTER---December 6, 2002
CLARK'S ORDER---February 5, 2003
CLARK'S HEARING---March 20, 2003
TEXAS SUPREME COURT
PETITION FOR WRIT OF MANDAMUS AND SUPPORTING BRIEF--May 28, 2004
JOINT RESPONSE OF REAL PARTIES IN INTEREST TO RELATOR'S PETITION FOR WRIT OF MANDAMUS--July 2, 2004
RELATOR'S REPLY TO REAL PARTIES IN INTEREST'S JOINT RESPONSE TO RELATOR'S PETITION FOR WRIT OF MANDAMUS--July 16,2004
PETITION FOR WRIT OF MANDAMUS DENIED--September 2004
Writ of Mandamus denied by court. Inquired as to how the justices voted and why, was told by clerk of court that they (the "justices") do not have to disclose that information. It is just denied! Is this a public court or private???? Information from the Texas Supreme Court website stated one of the justices(now retired) was a former lawyer in a Firm participating in the first case.....Now visiting judge F Lee Duggan will hear the case in county court. A former associate in his court is the daughter of attorney Clyde McKee(50+ yr employee of Nelda Stark).

Judge Buddie J Hahn Disclosure----May 15, 1990
This refers to a 1988 lawsuit with Hahn as Judge. On April 24 , 1990, Hahn removes Nelda Stark from the lawsuit. TWENTY DAYS later, May 15, 1990, Hahn files his disclosure and seals it "for the record."
Rebecca Nugent Affidavit----2001
Judge Hahn calls Nelda Stark at her home on a weekend in the Spring of 1990 while the Stark Lawsuit is still ongoing in his court.
Larry Hunter Affidavit----January 3, 2001
Mr Hunter says he does not rent property from Judge Hahn and that Hahn's disclosure speaks for itself, "he pays rent of $400 per month."
John Cash Smith Affidavit----January 10, 2001
Several trips to Mississippi and Colorado(4),Judge Hahn and Smith didn't vacation together, just participated in several "organized golf excursions."
Jim Henderson Sworn Statement----March 24, 2000
"...how was his(Mr. Stark's) memory after she(Nelda) gave him the medication? He didn't hardly know anything...."
Clayton Newberry Sworn Statement----September 25, 2000
"...information in the briefcase was information she did not want the other Stark
heirs to obtain.....Mrs. Benckenstein also carrying that briefcase from the....
out from the office..."
S H Phillips Letter to Lou L Bagwell---November 21, 1988
Clyde McKee had in his possession items that had not been previously photocopied by Pandick Technologies in 1988 lawsuit. (Phillips and Mckee, officers of Stark Foundation-see Newberry)
Lou L Bagwell Letter to Clyde McKee---November 29, 1988
Clyde McKee's reply to Lou L Bagwell---December 1, 1988
Sam O Smith Affidavit----August 15, 2001
"....There were numerous instances of conveyances of large quantities of real estate and timber between the entity(Lutcher and Moore Lumber Company) and the individual owners and from those owners to the entity....."
John Creswell Sworn Statement(50 yr employee of Nelda Stark)-November 7, 2001
Documents "that were not copied, yes, we burned quite a few of those."
Attorneys Roy Wingate and Kevin Jordan were aware...
Charles Kinney Affidavit----November 12, 2001
"...I have knowledge that the Stark Foundation Officers would rotate information
from Sid Phillips' house to Clyde Mckee's house so the documents would not be
left at anybody's house for any length of time....."
Sam O Smith Affidavit----November 28, 2001
"...it is clear that H J Lutcher Stark had very little "separate" income from the 86,000 acres referred to herein during the term of their marriage."(1911-1939, Nita Hill)
John Creswell Affidavit----November 30, 2001
...Mr. Kevin Jordan "acknowledged he was aware of other witnesses to the burning of the documents during the previous litigation between Nelda Stark, the Stark Foundation and the Stark heirs...."
Rebecca Nugent Affidavit----May, 2003
"The release furnished by Mr Stutes.....is not the release signed by Homer Stark and his family in February, 1991."
Louis Bagwell Affidavit----July, 2003
Rebecca Nugent Affidavit----July, 2003
"...it was interesting to note that Mr Bagwell's comments regarding the November 1990 hearing in Orange County do not include Ralph Carrigan's statements regarding their role as advisor to Homer H Stark both before and after Mr. Stark's children joined the lawsuit........" This hearing was in Judge Hahn's Court. Nelda Stark, as CEO of the Stark Foundation, was still a party to this lawsuit(see Rebecca Nugent affidavit 2001).
Gymnasium, Band Practice, 1930's
"McMullin- Guide" by Dunton
Orange Cameron Land Company
1920's
LINKS
Bengal Guards
Media
(Shangri La)
Ancient Art(Nita Hill Stark trip to middle east, 1920's,not listed in her will inventory, 1939)
Nelda C and H J Lutcher Stark Foundation