Fennel Trust - Page 4




                                        - 4 -                                         
          briefs in support of their respective positions.  Although                  
          respondent complied with this order, counsel for petitioner filed           
          with the Court a notice stating that petitioner could not afford            
          the expense of preparing and filing a brief.                                
          Factual Background                                                          
               Paul Jablonski and his brother David Jablonski were                    
          shareholders of D.J. Enterprises, Inc., a company that operated a           
          residential/commercial security business known as Burtel and                
          American Home Security.  In 1994, Paul and David Jablonski                  
          purchased a number of “trust packages” from a company known as              
          Cypress Management in Orem, Utah.                                           
               The record includes a purported trust instrument for a                 
          “business trust organization” identified as S&T Management Trust.           
          This document, which identifies D.J. Enterprises, Inc., as                  
          “settlor/exchanger” and Cypress Management as “trustee”, is dated           
          April 19, 1994, and includes a signature page that was signed by            
          David Jablonski as president of D.J. Enterprises, Inc., and by an           
          individual identified as Zola Sheehan for Cypress Management.4              









               4  The purported trust instrument also states that its                 
          “creator/drafter” is Zola Sheehan as “Trustee In Independent                
          Contractor status with Cypress Management”.                                 




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