Graham E. Berry (State Bar #128503)

Attorneys for Petitioners

FACTNET, INC. AND LAWRENCE D. WOLLERSHEIM

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN LUIS OBISPO

ESTATE OF

L. RON HUBBARD, aka

LAFAYETTE RONALD HUBBARD,

Deceased.

_

)

)

)

)

)

)

)

Case No. 20885

Date: May 7, 1997

Time: 8:00 a.m.

Place: Room 355

Hon. Barry Hammer

DECLARATION OF GRAHAM E. BERRY IN SUPPORT OF EX PARTE PETITION OF FACTNET, INC. AND LAWRENCE D. WOLLERSHEIM [FILED CONCURRENTLY WITH EX PARTE PETITION AND PROPOSED ORDER]

I, GRAHAM E. BERRY, declare as follows:

1. I am an attorney at law licensed to practice before all the courts of the State of California. I am a partner in the law firm of Musick, Peeler & Garrett LLP (Musick Peeler), which has been retained by Factnet, Inc., ("Factnet") and Lawrence Wollersheim, ("Wollersheim"), to be its attorney of record herein. I have personal knowledge of the matters set forth herein, except those stated to be made upon information and belief, and, if called upon to do so, I could and would competently testify thereto under oath.

2. This declaration is filed in support of Factnet and Wollersheim's Ex Parte Petition, inter alia, for a immediate Stay in these Proceedings, AND THE Suspension of Powers of Personal Representative Pending the Filing, inter alia, of a Petition for Appointment of Neutral Administrator, CTA, and Petition for Quiet Title.

3. I am counsel for Factnet, Inc. in the case Religious Technology Center, et al. v. Factnet et al., currently pending in the United States District Court for the District of Colorado, civil action No. 95-K-2143. Attached hereto as Exhibit Y is a copy of the operative complaint therein. Attached hereto as Exhibit Z is a copy of a proposed amended answer therein, the filing of which is pending approval by the Court.

4. Attached hereto as Exhibit A is a true and correct copy of the Coroner's Report regarding the death of L. Ron Hubbard.

5. Attached hereto as Exhibit B is a copy of a letter dated April 18, 1997 from me to Samuel D. Rosen, Esq., one of the counsel for the Hubbard Successors (as defined in the Petition herewith).

6. Attached hereto as Exhibit C is a copy of a draft Memorandum of Points of Authorities in Support of Defendants' Motions to Amend the Scheduling Order [therein] and to compel the deposition of David Miscavige. That draft memorandum sets forth facts and arguments pertinent to the Petitions which Factnet and Wollersheim will file herein as interested parties in the resolution of the proper title to community property, and other intellectual property assets allegedly belonging to L. Ron Hubbard at the time of his death and allegedly improperly transferred to the Hubbard Successors.

7. Attached hereto as Exhibit D is a copy of a letter dated April 21, 1997, setting forth further facts and issues relevant to the Petitions to be filed herein by Factnet and Wollersheim.

8. Attached hereto as Exhibit E is a copy of a letter to this Honorable Court.

9. Attached hereto as Exhibit F is a copy of a letter dated April 23, 1997, from Samuel D. Rosen, Esq., one of the outside attorneys for the Hubbard Successors, directing me not to provide copies of any of these documents to the inside attorneys for the Hubbard Successors.

10. Attached hereto as Exhibit G is a copy of a letter dated April 24, 1997, from me to Samuel D. Rosen, Esq., regarding, among other things, the real reasons for excluding the inside attorneys for the Hubbard Successors from receipt of these and other related documents.

11. Attached hereto and marked as Exhibits H and I are copies of a motion to amend the judgment in Wollersheim IV and a Separate Statement of Fact.

12. Attached hereto, and marked as indicated are copies of the following documents:

(a) Assignment Agreement (LRH/RTC) (Advanced Technology). Exhibit J.

(b) Church of Spiritual Technology letter dated May 21, 1987 and attaching certain agreements. Exhibit K.

(c) Copyright license agreement between Church of Scientology of California and L. Ron Hubbard, effective as of April 1, 1982. Exhibit L.

(d) Assignment Agreement between L. Ron Hubbard and Religious Technology Center purportedly made May 16, 1982. Exhibit M.

(e) Assignment Agreement between L. Ron Hubbard and Religious Technology Center relating to trade marks. Exhibit N.

13. Attached hereto and marked as Exhibit O is a copy of the Articles of Incorporation of Religious Technology Center, Inc., listing David Miscavige and Norman Starkey as two of the initial trustees on October 30, 1991.

14. Attached hereto and marked as Exhibit P is a copy of a good standing certificate, issued after February 5, 1993, and listing Mr. Hubbard's personal estate planning attorney, Sherman Lenske, Esq. as the Registered Agent of the corporation and Mark Rathbun as its then president.

15. Attached hereto and marked as Exhibit Q is a copy of an Internet posting regarding alleged harassment and intimidation into remaining silent of material witness herein Patrick D. Broeker by Eugene Ingram, the Church of Scientology's top private investigator.

16. Attached hereto and marked as Exhibit R is a copy of a pending arrest warrant for Eugene Ingram and one of many press articles containing reports of his harassing and intimidatory activities.

17. Attached hereto and marked as Exhibit S are copies of pages 344 to 363 of A Piece of Blue Sky, by Jon Atak.

18. Attached hereto and marked as Exhibit T is a copy of an internet download of an affidavit of Joseph A. Yanny as to the criminal activities of the Church of Scientology. Mr. Yanny remains as one of Mr. Starkey's counsel of record herein.

19. Attached hereto and marked as Exhibit U are copies of:

(a) "Program LRH Security," which related to ensuring L. Ron Hubbard avoided service of process;

(b) A photograph of Commander David Miscavige and Commander Norman Starkey at the 1982 San Francisco Mission Holders Conference. They are wearing the naval uniforms of the pseudo-military Church of Scientology;

(c) Copies of the promotion of Pat Broeker, on January 19, 1986, to a rank senior to that of David Miscavige;

(d) Copy of Pat Broeker, David Miscavige, and Norman Starkey announcing the death of L. Ron Hubbard;

(e) Copies of photographs of David Miscavige and Norman Starkey from Impact Magazine issue 27; and

(f) Copy of briefing on Religious Technology Center.

20. Attached hereto and marked as Exhibit V is a copy of various Internet downloads regarding the convictions of many dozens of people around the world, in connection with Church of Scientology related criminal conduct.

21. Attached hereto and marked Exhibit W is a copy of a May 6, 1991 Time Magazine cover story entitled, "Scientology Thriving Cult of Greed and Power." This article describes some of the copyright materials that Petitioners are seeking this Court to determine the ownership of.

22. Attached hereto and marked Exhibit X, is a copy of a New York Times article dated March 9, 1997. This article describes some of the activities of Scientology hired investigators such as Eugene Ingram.

23. Attached hereto and marked Exhibit Y and Z are copies of the operative pleadings in RTC v. FACTNET.

24. I am informed and believe that Mary Sue Hubbard and the children of L. Ron Hubbard were not provided with the opportunity to visit Mr. Hubbard while he was dying, to review documents pertinent to the will and Trust, and the administration of the estate, or to seek or have any independent legal advice in relation thereto. Furthermore, that the Hubbard Successors have deprived the Hubbard wife and heirs of any meaningful benefits from the L. Ron Hubbard Estate appraised by Executor Norman F. Starkey in 1986 to be valued at approximately twenty-five million dollars.

25. On information and belief, if this Court does not issue orders restraining the executor herein, and those described in the accompanying Petition as the Hubbard Successors, from contacting Mr. Hubbard's wife and surviving children regarding these matters, then they may be intimidated into not cooperating with discovery and not coming forth with Petitions of their own upon realization of what occurred prior to the death of L. Ron Hubbard and subsequent thereto in relation to the improper administration of this probate estate and the improper disposition of its assets.

26. Notice of this Ex Parte Petition will be provided to Ogle & Merzon, AND Hertzog and Yanny, counsel on this Court's record as the representatives of Norman F. Starkey, no later than 8:00 a.m., on Tuesday, May 6, 1997. Petitioners will also endeavor to Federal Express a copy of these papers to each of these two law firms for Tuesday morning delivery. In accordance with the local rules of Court, a confirming declaration as to service will be filed with this Court prior to the time of hearing.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed in Los Angeles, California this ___ day of May, 1997.

_

Graham E. Berry