Date: 09-22-2015

Case Style: Church of Holistic Science, Inc. v. Barry D. Bilder

Case Number: CJ-2011-3948

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Bill Wilkinson

Defendant's Attorney: Barry Bilder, pro Se

Gail Rose, pro se

Wm. Wallace Creekmore, II for Karen Harr

Brendan M. McHugh for Third-Party Plaintiffs Everett Lee Stone and Angela Stone

Description: Tulsa, OK - The Church of Holistic Science, Inc. sued Barry D. Bilder, Chad Rose, Gail Rose, Karen Harr, Guardian Angels Security Plus, Inc. v. Beth Mathers and Ruth Bilder on conversion and other legal theories.

The pre-trial order provided:

The Plaintiff is a non-profit religious organization that was formed in 1980 and filed its Certificate of Incorporation with the Oklahoma Secretary of State on September 25, 1980. The Plaintiff, as a non-profit religious organization, has continued to operate in Tulsa, Oklahoma from the date of incorporation until the present time. The Plaintiff, as a non-profit religious organization adopted Bylaws on September2, 1980, and has conducted its business and affairs in accordance with the Bylaws since that time. The Bylaws of the non-profit organization provide in Article VI that there shall be a Board of Directors and that the Board of Directors shall be the governing body for the Church.

The Defendant Barry Bilder previously served as the minister for the Plaintiff non-profit religious organization and also served as a member of the Board of Directors. However, because of his wrongful and egregious conduct, the Defendant Bilder was terminated as the minister of the organization and was removed as a member of the Board of Directors. These actions were lawfully taken during a special meeting of the Board of Directors conducted on June 14, 2011 following written notice in advance of such special meeting. After having received the written notice, the Defendant Bilder attended the special meeting, but refused to participate.

The Defendant Bilder was unwilling to accept his termination as minister of the Plaintiff nonprofit religious organization and/or to accept his removal from the Board of Directors. Accordingly, since that time, the Defendant Bilder with the planning, participation, and assistance of the other Defendants, Karen Harr and Gail Rose, has arbitrarily and wrongfully interfered with the operations of the Plaintiff non-profit religious organization by making threats to employees, by repeatedly returning to the premises even though requested not to do so, and by interfering with the day-to-day operations of the Plaintiff non-profit religious organization. At all time material hereto Bilder, Harr and Rose have acted in an agency relationship.

On Friday, July 15, 2011, after careful scheming and planning by the Defendants, the Defendant Barry Bilder, Gail Rose and Karen Harr arbitrarily, wrongfully, and without any legal right whatsoever, entered the Plaintiff’s premises and forcefully directed all employees to leave or face arrest by the police. Defendants hired an off duty deputy sheriff who, in full uniform and wearing a gun threatened all employees with arrest unless they immediately left the premises. The Defendants purported to “fire” two employees, Lee Stone and Angela Stone. In spite of protest to the contrary, Defendants literally and figuratively forced all of the Plaintiffs employees out of the premises by threat of arrest and employed a locksmith and caused the locks on the doors to be changed so that only the Defendants had access to the premises. Because the Plaintiff conducts a bookstore and other businesses related to its non-profit religious organization, there was cash money in the registers and the Defendants took such cash money. The Defendants also took computers and other equipment belonging to the Plaintiff and removed them from the premises and took them to a location unknown to the Plaintiff. These wrongful actions caused substantial damages which are continuing today.
Defendants Barry Bilder & Karen Harrs’ General Statement of Facts:

Reverend Barry Bilder, Beth Mathers, and Revered Bilders’ deceased brother, Richard Bilder, formed a non-profit religious organization, The Church of Holistic Science, Inc., and filed Articles of Incorporation with the Oklahoma Secretary of State on September25, 1980. The Church of Holistic Science has continued to operate in Tulsa, Oklahoma from the date of Incorporation until the present date. If by-laws were drawn up and adopted in 1980, they have disappeared and cannot be provided.

In 1984, Reverend Barry Bilder transferred ownership of the assets of Reverend Bilder to the Church of Holistic Science, Inc., including the real estate upon which is currently located the Peace of Mind Book Store, Aquarian Massage, Spirit Works and Kilkenney’s Pub.

In 1992, Ruth Bilder and Reverend Barry bilder drafted a set of by-laws which were typed by Beth Bilder at her employment, Grand Resources. No minutes reflected the adopting of these bylaws giving control of the Church to a three person board of directors. Said by-laws were drafted on advise of counsel when no other by-laws could be produced.

In 2008, John Demopolis and LuAnn Smith attempted a takeover of the Church resulting in litigation in Tulsa County Case No. CJ-2008-8512. When Beth Mathers found out she would be taken out of the takeover she and Reverend Bilder typed a new set of by-laws. According to the new by-laws a member of the Board of Directors could be dismissed upon the recommendation and a seventy-five percent (75%) vote of the members of the congregation present rather than a cote of 2/3 of the Board of Directors. Further, a seventy-five percent (75%) vote of the congregation present was necessary to hire or fire a minister. Both Ruth Bilder and Beth Mathers approved the new bylaws and said the by-laws were used to defeat the attempted takeover of the Church.

On October 12, 2009, Beth Mathers in a letter to the members of the congregation denied any attempt to sell the assets of the Church and the letter adopts the 2008 by-laws by inference.

On May 18,2010, a divorce was granted in Rogers County, Case No. FD-2008-604, in which Ruth Bilder gave up any right, title, or interest in the Church of Holistic Science, Inc., Peace of Mind Book Store, Spirit Works, Aquarian Age Massage, and Kilkenney’s Pub. After the divorce, Ruth Bilder continued as secretary/treasure of the Board of Directors and continued to work and draw a salary from the businesses without a vote of the Board of Directors nor permission from the congregation, and to some extent without the knowledge of Barry Bilder. Problems arose between Reverend Bilder, Ruth Bilder and Beth Mathers. On advise of Attorney Tim Houchin who discussed mediation between the parties, a meeting of the congregation was called and properly posted. Neither Ruth Bilder nor Beth Matters attended this meeting but they did, however, send representatives. At said meeting a vote was taken and passed by over seventy-five per cent (75%) of the attending congregation to amend the by-laws.

On June 8, 2011, Beth Mathers and Ruth Bilder retained Bill V. Wilkinson, Esq., with a check drawn of the Church of Holistic Science. Notice was thereafter given Reverend Bilder of a meeting of the Board of Directors on June 14, 2011, at Mr. Wilkinson’s office. Said notice was forwarded to Tim Houchin who contacted Mr. Wilkinson. On advise of counsel Reverend Bilder opened the meeting, declared it to be illegal, adjourned the meeting and left. Following Reverend Bilder’ s departure, acting on the exhibit A by-laws he was removed from the Board of Directors, fired as minister and Mr. Wilkinson was hired by Ruth Bilder and Beth Mathers representing two- thirds 2/3’s) of the Board. Additionally, Lee Stone was appointed as president of the Board of Directors. Lee Stone has since been fired from his job by Ruth Bilder and Beth Mathers and has filed suit against the Church and was removed from the Board of Directors on April 17, 2011.
On July 15, 2011, acting on the advise of Franklyn Casey, Esq., Reverend Bilder with the assistance of Chad Smith working for Guardian Angels Security Plus, Inc., entered the premises, fired Lee and Angela Stone, changed the locks and took over the church owned business.

Barry Bilder Denies all charges of the Stones.

Third-Party Plaintiffs’ General Statement of Facts

C. Plaintiffs Contentions

List All Theories of Recovery and the Applicable Statues, Ordinances, and Common
Law Rules Relied Upon.

a. Conversion

b. Negligence

c. Tortious Interference with Business Relations

d. Reckless Disregard of the Plaintiffs Rights

e. Damages Claimed; Compensatory and Exemplary in excess of $50,000.00 plus attorney fees and costs.

2. List Damages or Sought.

a. Plaintiffs damages exceed the sum of $50,000.00, for compensatory damages and exceeding the sum of $50,000.00, for exemplary damages, plus attorney fees and costs.
(Defendants object as not produced)

b. Third-Party Plaintiffs damages
Third-Party Plaintiffs’ Contentions

a.

D. Defendants’ Contentions:

List all Theories of Defense and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

a. No damages have arisen from the brief take over on the reliance of advise of counsel.

b. Under the relevant by-laws Barry Bilder was wrongfully terminated.

c. Barry Bilder did not assault or commit any assault against the Stones.

d. Neither Karen Harr nor Gail Rose were acting as the agent of Barry Bilder but were helping a friend and gained no benefit nor caused any harm in the alleged conversion.
Third-Party Defendants’ Contentions:

a. All Third-Party Defendants urge that the purported claims asserted against them are barred by the statute of limitations.

b. Third-Party Defendants Bilder and Mathers deny that Barry Bilder was ever an employee. He was at all times an employee of the Church. Bilder and Mathers deny they ever engaged in wrongful or illegal conduct regarding Barry Bilder’s employment with the Church or his position on the board. They further deny they are guilty of slander or false witness. Finally, they deny they are guilty of tortious interference. Actions taken by them in the
capacity as board members were justified, privileged and excusable. Green BayPackaging, Inc., v. PreferredPackaging, Inc., 932 P.2d 1091, 1096(0k!. 1996). Damages suffered by Barry Bilder, if any, were not the result of the complained interference.

c. The facts of this case do not merit or support compensatory or punitive damages.

E. Defendants’ Claims for Relief

List Any Claims of Relief Sought (By Cross-Claim, Counterclaim, or Set-Off), and the Applicable Statutes, Ordinances, and Common Law Rules Relied Upon.

a. Ruth Bilder and Beth Mathers have deprived Barry Bilder of his livelihood by illegally and without just course fired him as minister of the Church of Holistic Science, Inc.

b. Ruth Bilder and Beth Mathers have illegally removed Reverend Bilder as President of the Boardof Directors of the Church of Holistic Science, Inc.

c. Ruth Bilder and Beth Mathers’ removal of Reverend Bilder from the Board of Directors and firing him and canceling all benefits to himwere done by use of slander and false witness alleging due abuse and sexual impropriety. Both actions were taken in violation of the current by-laws and in violation of the divorce decree in Rogers County.

d. Beth Mathers controls two other churches and through this vehicle is capable of transferring assets from the Church of Holistic Science to other alleged non-profit religious corporations. The new president of the Board of Directors is
a member of one or both of these churches and a tenant of Ms. Mathers.

e. Ruth Bilder and Beth Mathers have been meeting with the owners of Kilkenneys and are now capable of entering long term leases that are tantamount to sale of the real property.

f. Wrongful termination and removal of Reverend Bilder has left him with a place conduct religious services and to continue his ministry. It also deprived the Church members of their right to worship on church property.

g. Ruth Bilder and Beth Mathers have deliberately and maliciously caused tortuous interference and attempted to destroy the relationship between Reverend Bilder and the Church of Holistic Science, Inc., and its congregation.

h. As a result of the wrongful actions Reverend Bilder has lost the services of his divorce attorney, has lost the home awarded him in the divorce, has been required to retain counsel, lost his salary and benefits including health care, fuel and auto benefits and has suffered mental and emotional pain and anguish.

i. All of the actions of Ruth Bilder and Beth Mathers have been knowing, deliberate and malicious entitling Reverend Bilder punitive damages.

Outcome: 09-21-2015 CTFREE

MORRISSEY, LINDA G: CASE COMES ON FOR JURY TRIAL; PLAINTIFF APPEARED, REPRESENTED BY BILL WILKINSON; DEFENDANT GAIL ROSE APPEARED PRO SE; DEFENDANT KAREN HARR APPEARED IN PERSON AND REPRESENTED BY CREEKMORE WALLACE, II; DEFENDANT BARRY BILDER FAILED TO APPEAR. CREEKMORE WALLACE PHONED BARRY BILDER AND ADVISED THAT THE OKLAHOMA SUPREME COURT HAD NOT STAYED THE CASE, AND THAT THE CASE WOULD PROCEED TO JURY TRIAL AS SCHEDULED; AT APPROXIMATELY 10:40 AM, BAILIFF CALLED FOR DEFENDANT BARRY BILDER IN THE HALLWAY THREE (3) TIMES, WITH NO RESPONSE; AT PLAINTIFF'S REQUEST, THE COURT GRANTED A DEFAULT JUDGMENT AGAINST DEFENDANT BARRY BILDER. PLAINTIFF ANNOUNCED THEY WISHED TO DISMISS DEFENDANT KAREN HARR WITHOUT PREJUDICE FROM THE CASE; DEFENDANT GAIL ROSE ANNOUNCED TO THE COURT THAT SHE WISHED TO HAVE DEFAULT JUDGMENT ENTERED AGAINST HER; AFTER THE COURT INQUIRED OF HER CAPACITY, DEFAULT JUDGMENT WAS GRANTED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT GAIL ROSE; HEARING ON DAMAGES SET 9-22-15 AT 9:30 AM, ROOM 513. DEFENDANT BARRY BILDER NOTIFIED OF HEARING BY CLERK WHO LEFT A VOICEMAIL MESSAGE ON HIS TELEPHONE; PLAINTIFF TO SUBMIT JOURNAL ENTRY OF JUDGMENT TO THE COURT; GARY WOODSON, COURT REPORTER

09-22-2015 CTFREE

MORRISSEY, LINDA G: HEARING ON DAMAGES HELD; BILL WILKINSON APPEARED FOR PLAINTIFF; DEFENDANT BARRY BILDER APPEARED PRO SE; DEFENDANT GAIL ROSE APPEARED PRO SE; GARY WOODSON, COURT REPORTER; DAMAGES IN THE AMOUNT OF $257,549.13, PLUS COSTS; REQUEST FOR ATTORNEY FEES IS DENIED FOR LACK OF LEGAL BASIS; REQUEST FOR PUNITIVE DAMAGES DENIED FOR FAILURE TO ESTABLISH ENTITLEMENT BY CLEAR AND CONVINCING EVIDENCE; PLAINTIFF TO PRESENT JOURNAL ENTRY OF JUDGMENT

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: In August 2017, the OKLAHOMA COURT OF APPEALS REVERSED the judgment of Tulsa County District Judge, Linda Morrissey, stating that she had abused her discretion. The judgment of nearly a quarter-million dollars was VACATED.