Fennel Trust - Page 5




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               The record also includes a purported trust instrument for              
          Fennel, which is likewise characterized as a “business trust                
          organization”.  This document, the typewritten cover sheet of               
          which identifies S&T Management Trust as “settlor/exchanger” and            
          Paul Jablonski as second trustee, is dated April 28, 1994, and              
          includes a signature page that was signed by S&T Management Trust           
          as “settlor/exchanger”, Zola Sheehan for Cypress Management as              
          “trustee”, and Paul Jablonski as “second trustee”.5  S&T                    
          Management Trust, Zola Sheehan, and Paul Jablonski all                      
          purportedly appeared before a notary public in the “Utah                    
          Republic” and signed the signature page on July 19, 1994.                   
          However, Paul Jablonski admits that he never met Zola Sheehan,              
          that he did not appear before the notary public in Utah, and that           
          he executed the signature page of the Fennel trust instrument in            
          Virginia.6  In fact, the signature page of the Fennel trust                 
          instrument is an exact copy of the signature page of a purported            





               5  The typewritten cover sheet for the purported trust                 
          instrument for Fennel contains a handwritten alteration deleting            
          Cypress Management as trustee and making Paul Jablonski “First              
          trustee”.  However, in view of the manner in which S&T Management           
          Trust, Zola Sheehan, and Paul Jablonski signed the signature                
          page, we disregard these alterations to the cover sheet.                    
               6  Paul Jablonski does not know Zola Sheehan’s address or              
          telephone number or how Zola Sheehan can be contacted; similarly,           
          he does not know Cypress Management’s address or how Cypress                
          Management can be contacted.                                                





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