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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:
OGLE, GALLO & MERZON
A PARTNERSHIP OF
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
[PAGE NUMBER] 1. ATTACHMENT 3 (f)(3)*
*[NOTE: There is no indication of what the "ATTACHMENT 3 (f)(3)"
reference is referring to.]
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.
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.
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
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
[PAGE NUMBER] 4.
Executed this 5th day of February, 1986, at Morro Bay,
NORMAN F. STARKEY
[PAGE NUMBER] 5.
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