Mark June 27, 2005 on your calendar. That is the day which marked the beginning of the end of the lies and fraud perpetrated against Barbara Ellison. It is also the day that marks the beginning of a journey for the fraudsters of LeFlore County. On June 27, 2005 LeFlore County Commissioner Lance Smith in a sworn affidavit to the Oklahoma Corporation Commission finally admitted the truth. And now the truth is available for the world to see.
We are making Commissioner Smith's sworn affidavit available here as The Truth
Five days prior to Commissioner Smith's sworn affidavit he revealed the truth in a fax communication to the Oklahoma Corporation Commission. However, that earlier admission was simply a 'To Whom It May Concern' statement and not a sworn affidavit. This earlier statement is however equally revealing of the truth. Attached to Commissioner's Smith's statement of 6/22/05 is a certified survey of a portion of Barbara Ellison's property and the county property immediately south of it. We are making Commissioner Smith's June 22, 2005 statement to the Corporation Commission available here as Reference 52
The truth and its implications were further revealed in a June 23, 2005 letter from the law firm employed by Oklahoma Western Telephone Company to company owner Pauline Van Horn. In this letter, a copy of which was made available to Barbara Ellison, Van Horn is advised that in light of title searches conducted by the Oklahoma Corporation Commission's Customer Services Division and Commissioner Smith's statement, the county still owns ALL of the land between Barbara Ellison's property and the county road to the south of the Ellison property. The letter further goes on to advise Van Horn that Ellison's 'neighbors' have no legitimate claim to the property what so ever. We are making available here a copy of this letter as Reference 53.
(1) It means that Barbara Ellison is and has been right all along.
(2) It means that Ellison's 'neighbors' are and have been wrong all along.
(3) It means that someone falsely claimed and then sold county land. This is a criminal offense.
(4) It means that someone fraudulently mortgaged county land. This also a criminal offense.
(5) It means a bank holds a worthless mortgage as it is in part guaranteed by county land.
(6) It means that County Commissioner Lance Smith, who knew the truth all along, was finally forced to 'put it in writing'.
(7) It means that IF the rule of law applies in LeFlore County, Oklahoma someone will be going to jail.
(8) It means that it is time for District Attorney Farley Ward to wake up, smell the coffee and prosecute the offenders.
(9) It means that anyone that now claims to privately own the county land between Ellison's property and the county road is not only a liar but a damned liar.
(10) It means that in the words of the Carpenters, 'We Have Only Just Begun'...
As we revealed in Part 2 of this series Maxine Weller simply wanted telephone service. A simple enough desire and one easily filled in short order in most civilized places. That certain individuals took it upon themselves to hamper and harass Maxine Weller in her quest for phone service is a given. Otherwise she would not have had to wait four and a half months to obtain it. In the end Maxine received her phone service. During the fight for that service the truth regarding land fraud, bank fraud and other criminal activities was exposed. What follows is the fascinating details of how and why the truth slipped out.
When Barbara Ellison and Maxine Weller filed their complaint against Oklahoma Western Telephone Company, see Reference 18, it set in motion a chain of events which are continuing to this date. Events which have already revealed land fraud, governmental corruption and the total disdain in which both LeFlore County Sheriff Bob Campbell and District Attorney Farley Ward hold the rule of law. And there are more revelations to come.
Ellison's and Weller's task was not easy. The phone company fought them at every step of the way. Shortly after the complaint was filed lawyers representing Oklahoma Western Telephone Company filed with the Corporation Commission a motion to dismiss. For more information see Reference 54.
The Motion to Dismiss contains some interesting contradictions and outright
falsehoods.
The motion claims:
(1) "that the complainants have failed to provide right-of-way necessary to
provide telephone service to the Weller household."
We know this is false, as in Part 2
of this series we published Reference
12 by which Ellison granted Oklahoma Western Telephone Company an
easement. In doing so she even provided a copy of an easement
granted by a prior owner of the Ellison property wherein the original easement
was granted to provide service to what is now the Ellison home.
For addition info see Jackson Easement.
(2) "and the Weller property is located behind Ms. Ellison's property."
This is false. The Weller residence is located on the Ellison
property. Maxine Weller owns no property in Summerfield, Oklahoma.
Her residence is located directly west of the Ellison's and is closer
to the county road than is the Ellison residence.
(3) "In order to provide facilities to serve the Weller household, OWTC
must have a lawful easement across this private strip of land from the customer."
This is false as there is no 'private strip of land'. Between the
county road and the Ellison property there is nothing other than county owned
right-of-way. Surely Oklahoma Western Telephone Company has to
know this as it is within that county owned right-of-way/easement where the
company's main line serving the area is buried. Were this not the
case the phone company's main line has been illegally crossing private property
for many years.
(4) "OWTC offered to provide Ms. Weller a detached access line
service from Ms. Ellison's home"
This 'offer' simply adds insult to injury. The phone company by
maintaining that it could not, for lack of an easement, run a line from the
phone junction box supplying service to the Ellison residence but could 'offer'
what amounts to a 'party line' from Ellison's home to Weller's home completely
overlooks reality. The fact is that the telephone company already
had an easement to the Ellison home. Or is the phone company
arguing that it provided service illegally to what is now the Ellison residence
when it installed that line back in 1985? If the phone company had
a legal easement in 1985 how and when did it disappear? Clearly
it did not.
In support of the Motion to Dismiss, a sworn affidavit by Pauline Van Horn, Chairperson of Oklahoma Western Telephone Company, was submitted. We are making a copy of that affidavit available here as Reference 55.
Most noteworthy of this affidavit is that unlike in her earlier communications with Oklahoma Corporation Commission staff Ms. Van Horn does not mention a perceived 'danger' from Ellison's 'neighbors'. As we pointed out in Part 2 of this series when Barbara Ellison and Maxine Weller first contacted the OCC, the initial excuse offered by the telephone company was a perceived 'danger' that would face phone company employees from Ellison's 'neighbors'. In her sworn statement Ms. Van Horn totally forgets about any perceived 'danger' and simply states that Ellison's 'neighbors' claimed the county owned right-of-way and refuse to grant an easement. Evidently it never dawned on Ms. Van Horn that if what she were claiming were true it would also mean that her company's main line serving the area was illegally placed on private property. If it would not be legal for her company to install Weller's line under a specific piece of ground how was it legal for the company to have its main line under the same piece of ground? As with practically everything else in this fiasco, Ms. Van Horn's affidavit just does not make sense when exposed to the bright light of reality.
On 6/09/05, the Consumer Services Division of the Oklahoma Corporation Commission filed a response and objection to Oklahoma Western Telephone Company's Motion to Dismiss. We are making available here a copy of that response/objection as Reference 56.
Also on 6/09/05, a hearing was held on Oklahoma Western Telephone Company's Motion to Dismiss. Oklahoma Corporation Commission Administrative Law Judge Jacqueline Miller denied the Motion to Dismiss and set a hearing on the merits of the case for 6/29/05.
Within days of the denial of Oklahoma Western's Motion to Dismiss things started coming apart at the seams for the Frauds of LeFlore County. On June 22nd, as the Oklahoma Corporation Commission investigation shifted into high gear with title searches being conducted, LeFlore County Commissioner Lance Smith sent his 'To Whom It May Concern' statement to the Oklahoma Corporation Commission. As stated above we are making a copy of Commissioner Smith's 6/22/05 statement available as Reference 52.
On June 23, the attorney for Oklahoma Western Telephone Company penned a letter to Pauline Van Horn advising her of the reality of the case; that the land in front of Ellison's property was in fact county owned and advising Van Horn to proceed with the installation of Weller's telephone service as no easement was required from anyone including Ellison's 'neighbors'.
As the date of the hearing on the complaint of Ellison and Weller neared, events began popping even faster. On June 27th workmen from the phone company arrived at the Ellison property and immediately went into what has been described as a 'fit of confusion' unable to decide where they were going to make the connection to supply service to Maxine Weller. It was reported that family members of Ellison's 'neighbors' were frantically threatening to sue somebody and telling the workmen that they could not dig on the old county roadbed which as we know from Commissioner Smith's statement is county property. After seemingly endless discussion it was decided by telephone company employees to connect to the main line at a point at the far southwest corner of Ellison's property, where the crew foreman determined the main cable serving the area passed.
Huh?
Yes you read that right, Oklahoma Western Telephone Company crews found their main line INSIDE Ellison's fence line at the southwest corner of her property and apparently well OUTSIDE the county owned easement where by law it is supposed to be located. But in her affidavit did not Pauline Van Horn state that her company could NOT put their lines on private property without the consent of the property owner? Sure she did, go back and read it if you have any doubts.
By the end of the day of June 27, 2005 Barbara Ellison had not one but two new telephone company pedestals located on her private property. But her mother still did not have telephone service. That would have to wait until the following day as telephone company crews raced the clock to complete the work before the complaint hearing scheduled for the next day, June 29th. And they made it. Maxine Weller had working telephone service on June 28, 2005.
Wanna' see some pictures, do you? Okay. Here are
two views of Barbara Ellison's new acquisitions made available as
Reference 57.
The top picture is a view from inside the Ellison property. The
second picture is the view from the county easement looking into the Ellison
property. It's clear that one of the pedestals is right up against
the fence which divides Ellison's property from that of the county.
The second pedestal is however further into Ellison's private property.
As was pointed out above, the phone company's main service line to the
vicinity is supposed to be located on the county easement/right-of-way.
However, it appears that near the southwest corner of Ellison's
property it leaves the county easement and crosses Ellison's private property.
Maybe Pauline Van Horn of Oklahoma Western Telephone Company can
offer an explanation.
In light of the issues Ellison had with both the pedestals and the telephone company's main line both being located on her private property she pointed out these facts to staffers and attorneys for the Oklahoma Corporation Commission on June 29th, the day of the complaint hearing. As a result of these and other issues, Administrative Law Judge Jacqueline Miller did not render a final decision on the case during the June 29th hearing. A ruling is expected shortly as to whether Oklahoma Western Telephone Company fulfilled its legal obligations to provide service to Maxine Weller or if other remedies are necessary.
The BIG NEWS coming from the June 29th hearing was of course the admission by LeFlore County Commissioner Lance Smith that the county still held full ownership and claim to the easement between Barbara Ellison's property and the current county road. As we pointed out above, but will do so again, we have made Commissioner Smith's sworn affidavit available as The Truth.
At long last, THE TRUTH has come out. And it is not going away, no matter how many lies are told by the liars, frauds and criminals of LeFlore County, Oklahoma.
For months, through Barbara Ellison's tireless efforts, we at Bubbaworld have been collecting hundreds of documents, surveys, title searches, land records, hand writing analyses and other evidence to prove Ellison's contentions. It has not been easy, certainly not for Barbara and her mother who have for over a year lived in fear and were for months locked away behind The Fence of LeFlore County, Oklahoma, all the while being terrorized by what many might describe as 'neighbors from hell'.
From the beginning of this project we suspected that it would take at least a year, possibly more to force the truth to the surface.
We were wrong.
We had no inkling that Pauline Van Horn of Oklahoma Western Telephone Company would open Pandora's Box permitting the truth to come screaming out into the bright light of day. For this we are eternally grateful, as it has made our task so much easier and the light at the end of the tunnel so much closer.
We had no idea that the Oklahoma Corporation Commission would put LeFlore County Commissioner Lance Smith in a position where he was confronted with not only having to tell the truth but to put it in writing and under oath. Thankfully they did and for that we all owe a commendation to those dedicated public servants at the OCC that stuck with Barbara's and Maxine's case from start to finish and never wavered in their efforts. Thanks to each of you. You have renewed our confidence in government.
We had no clue that an attorney with the law firm in the employ of Oklahoma Western Telephone Company would not only readily admit the truth but would send to Barbara Ellison a packet of documents filed with the OCC and revealing the law firm's findings and recommendations to Pauline Van Horn; thereby permitting us to publish an attorney/client communication which beyond question supports Barbara Ellison's contentions regarding the true ownership of the land between her property and the county road.
In our wildest dreams we had no idea that the house of cards built by liars, frauds, criminals and their supporters would collapse so easily or so quickly.
But it has.
To those individuals that sold, bought and mortgaged county property and then stalked, harassed and abused Barbara Ellison and Maxine Weller for so long, hopefully there's a special corner set aside in Hell just for the likes of you. Although you should be in prison for your evil deeds, the reality is that you live and conduct your sorry lives in LeFlore County, a place where 'the law' tends to look the other way for a favored few and particularly so when their victims are 'outsiders'. But the times they are a changing and you may still see the inside of prison. We at Bubbaworld are going to continue exposing your evil ways in hopes that eventually the good, decent and honorable citizens of LeFlore County rise up and clean house, not only of you but also of those that have protected you thus far. We at Bubbaworld are in it for the long haul and will continue this series until justice has been served and in the end it will be served.
You can take that to the bank...
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