Photo Art Marketing Trust, John P. Wilde, Co-Trustee - Page 3




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               The notice issued to petitioner Photo Art Marketing Trust              
          was addressed as follows:                                                   
               PHOTO ART MARKETING TRUST                                              
               SWORD D & E CO-TTES                                                    
               P.O. BOX 4047                                                          
               SEDONA, AZ 86340-4047 473                                              
          The notice issued to Photo Art Publishing Trust was addressed as            
          follows:                                                                    
               PHOTO ART PUBLISHING TRUST                                             
               D & E SWORD TRUSTEE CO TTEE                                            
               P.O. BOX 4047                                                          
               SEDONA, AZ 86340-4047 473                                              
               Photo Art Marketing Trust and Photo Art Publishing Trust               
          jointly filed a petition in this Court.  That petition was signed           
          on behalf of Photo Art Marketing Trust and Photo Art Publishing             
          Trust by John P. Wilde (Mr. Wilde), as “co-Trustee of Photo Art             
          Marketing Trust and Photo Art Publishing Trust”.                            
               Respondent’s motion contends in pertinent part:                        
                    7.  Arizona law provides that the trustee has the                 
               capacity to institute court proceedings on behalf of                   
               the trust.  A.R.S. � 14-7233 C. 25.  However, Mr. Wilde                
               has not demonstrated with credible evidence that he is                 
               a Co-Trustee of the [petitioner] trusts with capacity                  
               to bring the instant action.                                           
                  *       *       *       *       *       *       *                   
                    11.  Moreover, respondent’s counsel contacted the                 
               Arizona Corporation Commission to determine the exis-                  
               tence/validity of the entity called D & E Sword Com-                   
               pany.  The Corporation Commission informed respondent’s                
               counsel that it had no record of any entity by that                    
               name ever existing in the State of Arizona.  Further,                  
               the Corporation Commission informed respondent’s coun-                 
               sel that it had no record of any entity incorporated in                





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