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DOCUMENT TITLE: Declaration of Norman F. Starkey SUBJECT: Declaration by Norman F. Starkey endorsing himself as Special Administrator of the probate estate of L. Ron Hubbard PARTIES: Norman F. Starkey, proposed "Special Administrator" of the Estate, also Executor of the Estate and Trustee of Author's Family Trust-A and Author's Family Trust-B; Meade Emory and Sherman Lenske, drafters of the "Declaration"; Sherman Lenske as counsel to Starkey during probate of the Will; Sherman Lenske, Stephen Lenske, and Lawrence E. Heller, Special Directors of CST at the time of the Declaration, as "consultants" to Starkey (Trustee of both Author's Family Trust-A and Author's Family Trust-B), and as "Trust Protectors" BACKGROUND AND NOTES This is a Declaration by Norman Starkey stating why the court should appoint him "special administrator" to L. Ron Hubbard's estate. The document date is 5 February 1986, shortly after LRH's reported death. Starkey does get so appointed, and as a result has full control over all the intellectual property and assets of the estate, but entirely subject to the "counsel" (meaning total control) of Sherman D. Lenske, who individually was counsel to Starkey-as-Executor throughout the probate of the Will. Starkey was also subject to Lenske's firm, Lenske, Lenske & Heller, who were named as "counsultants" to (meaning controllers of) Starkey-as-Trustee for both Author's Family Trust-A and Author's Family Trust-B. Finally, Starkey was also under the thumb of attorneys Sherman D. Lenske, Stephen A. Lenske, and Lawrence E. Heller of the law firm Lenske, Lenske & Heller in their role, at all relevant times, as "Trust Protectors" for both Author's Family Trust-A and Author's Family Trust-B. One of these attorneys probably always accompanied Starkey to the bathroom. Starkey couldn't inhale without asking them first. Starkey goes on from here to spend seven years under the attorneys' control rounding up any and all of L. Ron Hubbard's copyrights from anyone who has ever had any controlling interest in them, collecting these into the estate for later transfer to Author's Family Trust-B, and then from there to the corporation known as "Church of Spiritual Technology" (CST) by order of IRS. One interesting aspect of this Declaration by Starkey is the unique description of the for-profit corporation known as "Author Services, Inc." (ASI), of which Starkey, at the time of the Declaration, is President. That corporation, along with the copyrights, also is later transferred to CST by order of IRS. This Declaration reveals that ASI has corporate and contractual rights to involvement in "all aspects of asset management." Starkey candidly reveals that ASI's duties also include "maintenance and promotion of Mr. Hubbard's numerous copyrights." (See Paragraph #5 of Declaration.) Although Starkey puts a lot of emphasis on the fiction works, nothing in his Declaration excludes "asset management" of any of the copyrighted works--including Dianetics and Scientology works. In fact, in Paragraph #7(b), Starkey admits that part of ASI's "ongoing business activities" include "Continued Supervision of the publication and sale of the many other written and spoken works authored by Mr. Hubbard." CST--which currently owns ASI--is not a church; it is a corporation. Ref. U.S. Claims Court No. 581-88T, Judge Bruggink:
Here is the Starkey Declaration: ---------------------------------- LAW OFFICES OGLE, GALLO & MERZON A PARTNERSHIP OF PROFESSIONAL CORPORATIONS MAIL TO: P O BOX 720 770 MORRO BAY BLVD. MORRO BAY, CA 93443 PHONES: AREA CODE 805 772-7353 (SECOND NUMBER ILLEGIBLE) ----------------------------------- DECLARATION OF NORMAN STARKEY I, NORMAN F. STARKEY, do hereby declare as follows: 1. I am a Founding Scientologist having first become a parishioner of the Church of Scientology in 1960. 2. I have been an ordained minister of the Church of Scientology for approximately 20 years and have performed marriage, funeral and other church ceremonial activities. 3. I have been a responsible staff member and executive of various Churches of Scientology from 1965 to 1980. 4. I am presently the president of Author Services, Inc., a California for-profit corporation. I have held this position since approximately January 1983. 5. Author Services, Inc. was engaged by decedent in 1982, to manage the business and literary interests of L. Ron Hubbard, decedent herein. The corporation duties included all aspects of asset management, including but not limited to preservation, investment and promotion of assets belonging to the decedent. The duties also included maintenance and promotion of Mr. Hubbard's numerous copyrights. Throughout Mr. Hubbard's lifetime, he was a prolific author. In the 1930's and 1940's Mr. Hubbard wrote and published several hundred science fiction, adventure, western and fantasy short stories and novels. He has been recognized as one of the greatest writers of the Golden Age of Science Fiction and has sold millions of copies of fiction works in many different languages. In the last several years, Mr. Hubbard has written two major works of science Fiction. [PAGE NUMBER] 1. ATTACHMENT 3 (f)(3)* *[NOTE: There is no indication of what the "ATTACHMENT 3 (f)(3)" reference is referring to.] ------------------------PAGE BREAK----------------------------- 6. Since 1968, I have worked closely with Mr. Hubbard while serving in various capacities as a Scientology minister and Church staff member and for the past several years have been entrusted with his literary and business affairs as president of Author Services, Inc. as covered above. 7. Author Services, Inc., has many ongoing business activities with which I am intimately familiar and which must continue to be preserved. These include: (a) Current and future publication of Mr. Hubbard's science fiction works which are scheduled to be published approximately every 2 months for the next 18 months. (b) Continued Supervision of the publication and sale of the many other written and spoken works authored by Mr. Hubbard. (c) Supervision and control of many important business investments in Mr. Hubbard's name. (d) Immediate banking activities require my appointment as Special Administrator. There exists now, having been accumulated since Mr. Hubbard's death, approximately $150,000 in uncashed checks. As acting trustee, I can negotiate and deal with checks pertaining to trust assets. But my immediate appointment as Special Administrator is required to deal with checks pertaining to probate assets. The majority of such checks pertain to probate assets. (e) All of the matters described in subparaqraphs (a) through (d) above require immediate attention. 8. It is not safe to allow the assets of the estate to remain unattended or only informally maintained until the [PAGE NUMBER] 2. ------------------------PAGE BREAK----------------------------- appointment of an executor pursuant to the terms of the decedent's Will. Checks representing income from copyright royalties, oil and gas investments and other investments are going uncashed due to the fact that a personal representative has not been appointed. A number of the investments require additional funding in order to achieve maximum potential. There exists with respect to some of the oil wells, the right to drill offsets, which could be lucrative for the estate and its beneficiaries. Finally, Mr. Hubbard is a defendant in several lawsuits which need immediate attention. Thus it is necessary that declarant be appointed special administrator of decedent's estate. 9. It has come to my attention in newspaper articles reporting the death of Mr. Hubbard that his estranged son, whom he had not seen since 1958, Ronald DeWolf, also known as L. Ron Hubbard, Jr., also known as "Nibs" Hubbard, along with his Boston attorney, Michael Flynn, is threatening a Will contest in this matter. DeWolf is making this claim to the media despite the fact that he has been disinherited in each Will executed by the decedent since at least 1979, including decedent's Last Will and Testament executed on January 23, 1986. These threats are reminiscent of Mr. Dewolf's abortive attempt in 1982 to gain control over this estate by petitioning the Riverside Superior Court to have his father declared a missing person. Mr. DeWolf's lawyer in that bid, Michael Flynn, was disqualified and held in contempt. These recent threats by DeWolf represent additional support for the declarant's appointment as special [PAGE NUMBER] 3. ------------------------PAGE BREAK----------------------------- administrator of decedent's estate. 10. I am qualified to be appointed special administrator of decedent's estate for the following reasons: (a) I am nominated and appointed executor by decedent in his Last Will and Testament, dated January 23, 1986, which is presented herewith for probate. (b) I am the Trustee of the Author's Family Trust-B dated January 23, 1986 which is the sole beneficiary of the estate of the decedent pursuant to the provision of his Will dated January 23, 1986. (c) I have worked closely with decedent over the last eighteen years, except that during the last five years Mr. Hubbard elected to seclude himself to conclude some spiritual research as well as author some film scripts and books. During this period, communications have been very limited, especially in the last two years. During this five-year period, myself and others have carried out, as pre-instructed by him, the conduct of his business affairs. But at all times, Mr. Hubbard was well aware of the manner in which his business affairs were conducted. (d) Because of my position with Author Services, Inc., I am intimately familiar with all of the assets and liabilities of decedent's estate. 11. That the foregoing is within my personal knowledge, and if called as a witness, I could testify to the same. I declare under penalty of perjury that the foregoing is true and correct. [PAGE NUMBER] 4. ------------------------PAGE BREAK----------------------------- Executed this 5th day of February, 1986, at Morro Bay, California. ___________[signature]_____________ NORMAN F. STARKEY Declarant [PAGE NUMBER] 5. |
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