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0013 and addresses only in a general way the Court’s holdings in
13We note that the respective responses to the Court’s
December 3, 2001 Show Cause Orders in the cases at docket Nos.
10764-00 and 10767-00 asserted that “Petitioner does not believe
that this Court has jurisdiction.”
We further note that attached as an exhibit to the Trust’s
motion to vacate in the case at docket No. 10764-00 is, inter
alia, an affidavit of Mr. Richards (Mr. Richards’ affidavit),
allegedly notarized by Mr. Binge. Mr. Richards’ affidavit
states: “At the time of the filing of the Petition, and since
the inception of the Trust in the above-captioned matter, I was
the Trustee for the Petitioner.” Attached to Mr. Richards’
affidavit are, according to that affidavit, “true and accurate
copies of the originals” of the trust documents pertaining to
Richards Management Trust, which Mr. Richards alleges in Mr.
Richards’ affidavit “were maintained in my possession until
April, 2002." The copies of the trust documents attached to Mr.
Richards’ affidavit in the case at docket No. 10764-00 bear the
date June 8, 2001. The years at issue in that case are 1996 and
1997. We conclude that Mr. Richards’ affidavit and the trust
papers attached to that affidavit in the case at docket No.
10764-00 do not establish who has the authority to act on behalf
of Richards Management Trust in that case. Even assuming
arguendo that the trust papers attached to Mr. Richards’ affida-
vit in the case at docket No. 10764-00 were in effect during the
years at issue, those trust papers do not establish who has the
authority to act on behalf of Richards Management Trust in that
case. Mr. Richards seems to suggest in Mr. Richards’ affidavit,
without expressly stating, that he has that authority. However,
in the case at docket No. 10764-00, Mr. Bentivegna signed as
“Trustee” (1) the response to the Court’s December 3, 2001 Show
Cause Order and (2) the response to respondent’s motion to hold
petitioner in default.
We also note that attached as an exhibit to the Trust’s
motion to vacate in the case at docket No. 10767-00 is, inter
alia, an affidavit of Mr. Richards, also allegedly notarized by
Mr. Binge. The affidavit of Mr. Richards that was attached to
the Trust’s motion to vacate in the case at docket No. 10767-00
is identical to Mr. Richards’ affidavit that was attached to the
Trust’s motion to vacate in the case at docket No. 10764-00.
Attached to Mr. Richards’ affidavit in the case at docket No.
10767-00 are, according to Mr. Richards, “true and accurate
copies of the originals” of the trust documents pertaining to
(continued...)
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