- 4 - of facts with attached exhibits, which was received by the Court and filed as evidence in respect of the jurisdictional issue presented by respondent’s motion to dismiss. At the conclusion of the hearing, the Court directed the parties to file memorandum 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 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011