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13 April 2000:
CST Legal Papers 01 Assignment Agreement
Date: 13 Apr 2000 08:14:00 -0000 From: Anonymous-Remailer@See.Comment.Header (Legal Archives) Subject: CST Legal Papers 01 Assignment Agreement Newsgroups: alt.religion.scientology Message-ID: <3724BA4451B@127.0.0.1> NOTES: 1. This document is the first known reference to the CORPORATION known as "Church of Spiritual Technology" (CST). In this legal document, CST is supposedly "granted" the option to take over all the rights assigned in this document for the sum of $100.00. But follow along for a moment... 2. This document is the Assignment Agreement that transfers the U.S. Rights in the Advanced Technology (exclusive of copyright) to the CORPORATION known as "Religious Technology Center" (RTC), but subject to the option of CST to take over all those rights, "in its sole discretion," as mentioned in NOTE #1 above. But follow along for a moment... 3. There is no absolutely no doubt that this document was drawn up by attorney Sherman Lenske, who has since testified under oath (in a Declaration dated November 12, 1995), that he, Lenske: "...represented Mr. L. Ron Hubbard in all aspects of estate planning from...approximately April 1981... . All of the documents effectuating the estate plan were drafted either by me or under my supervision... . As one part of Mr. Hubbard's estate planning, he directed that his U.S. rights to the Advanced Technology, exclusive of copyrights, be conveyed to RTC... . [T]his objective was accomplished in May 1982 when Mr. Hubbard signed the Advanced Technology Assignment..." [This document, below.] 4. In drawing up this Assignment, Sherman Lenske gave CST the option to take over all these rights that were being assigned. The only problem is: CST DIDN'T EXIST AT THE TIME! Sherman Lenske HAD to know that, because Sherman Lenske listed himself as "Incorporator" for CST when he, Lenske, incorporated CST AFTER this Assignment Agreement was signed. (See "CST Legal Papers 02 Articles of Incorporation") 5. This, then, is the Assignment Agreement referred to by Lenske, and allegedly executed by L. Ron Hubbard in Los Angeles on 10 May 1982--with David Miscavige notarizing LRH's signature. Later, on 16 May 1982, the Assignment Agreement was completed by the signing of Glen and Laura Marlowe as President and Secretary, respectfully, of the CORPORATION known as "Religious Technology Center" (RTC). 6. It can be concluded that Attorney Sherman Lenske, in drawing up this Assignment Agreement, and having it signed by whoever signed it, purpetrated a fraud on the signers and on the courts, since he includes in the Agreement an option for a corporate entity that does not exist, and which he well knew not to exist--since Lenske himself is the one who later incorporated CST. 7. An added confusion in this Agreement comes in the third attachment, "Exhibit 3." That attacment says: "THIS ADDENDUM is effective January 19, 1982, and modifies the Assignment Agreement--Advanced Technology--U.S. dated for reference January 1, 1982." But how could there be an addendum "dated for reference January 1, 1982," and becoming "effective January 19, 1982," for an Assignment Agreement that wasn't signed until May of 1982? The mystery deepens because this "Addendum" purports to be signed by the same three people who supposedly signed the Assignment Agreement itself. Here is the document, plus the three Exhibits: ====================================================================== ASSIGNMENT AGREEMENT (LRH/RTC) (Advanced Technology--U.S.) This Assignment Agreement is made this 16th day of May 198__, by and between: LAFAYETTE RONALD HUBBARD, also known as L.RON HUBBARD, whose address is c/o The Explorers Club, 46 East 7-th Street, New York, New York 10021, and whose former addresses include Saint Hill Manor, East Grinstead, Sussex, England; 1827 19th St., N.W., Washington, D.C.; 37 Fitzroy St., London, W.1, England; 2005 West 9th Street, Los Angeles, California; and Fort Harrison Avenue No. 210, Clearwater, Florida, (hereinafter referred to as "LRH"); and RELIGIOUS TECHNOLOGY CENTER, a California non-profit religious corporation having a place of business at 6517 Sunset Boulevard, Los Angeles, California 90028 (hereinafter referred to as "RTC"). RECITALS A. LRH is the founder of the religion of Scientology which is based on a body of truths, and the technology for applying them, that were discovered, described and refined by LRH through research and study which have continued for more than forty years, and are contained in the writings and recored spoken words of LRH with respect to Scientology and the organizations formed to disseminate the religion of Scientology (hereinafter referred to as "the Scientology Scriptures"). B. LRH has published much of the Scientology Scriptures for the use and benefit of mankind through the religion and organization of Scientology. Included in the Scientology Scriptures is a substantial body of confidential advanced technology that has not been published by LRH, but instead has been protected and maintained as the confidential property of LRH (hereinafter referred to as "the Advanced Technology"), and issued to Advanced Scientology Organizations for their good usage. The Advanced Scientology Organizations, in turn, have made the Advanced Technology available to those who have attained, through processing, an appropriate level of development in the religion of Scientology to properly grasp and utilize the Advanced Technology, and only upon a confidential basis and with an absolute obligation to protect and maintain its confidentiality. The right to use the Advanced Technology and make it available to others has been, and is, subject to the permission of LRH. C. RTC was formed by Scientologists, with the approval of LRH, to act as the protector of the religion of Scientology and to own, protect, and control the utilization of the Advanced Technology in the United States of America and its territories and possessions (hereinafter referred to as "the U.S.A."). Representatives of RTC have received the Advanced Technology and Confidential materials containing the Advanced Technology in the U.S.A., under the obligation of confidentiality to LRH. Lists of the Advanced Technology and the confidential materials are attached as Exhibit 1 (Preclear/Pre-OT Processing Levels) and Exhibit 2 (Auditor Training). D. The purpose of this Assignment Agreement is to transfer all rights in the Advanced Technology in the U.S.A. to RTC, and to prescribe certain terms and conditions governing its ownership and use and the disposition of income received by RTC by reason of its ownership and use. AGREEMENT 1. Recitals. The recitals are hereby made part of this Agreement and are acknowledged to be true. 2. Assignment. a. Subject to the Option in Paragraph 3 hereof and the Right of Reversion in Paragraph 4, LRH hereby assigns to RTC his entire right, title and interest in and to the Advanced Technology in the U.S.A., including all rights to use and to license the use of the Advanced Technology in the U.S.A. b. This assignment includes all rights owned by LRH to protect the confidentiality of the Advanced Technology and to enforce in the U.S.A. the obligations of confidentiality of those who have received the Advanced Technology in the past. 3. Option. This assignment is subject to an option granted by LRH to Church of Spiritual Technology, a California corporation (hereinafter "CST"), to purchase all of the rights assigned to RTC under and pursuant to this Agreement for the sum of One Hundred Dollars ($100.00). This option shall be exercisable by CST at any time if CST decides, in its sole discretion and judgment, that RTC has failed to preserve and maintain the confidentiality, purity and ethical use of the Advanced Technology in accordance with the Scientology Scriptures, or that RTC's ownership of the Advanced Technology in any way places the Advanced Technology in danger of appropriation by any entity that is outside or hostile to the religion of Scientology, or that RTC has permitted and is permitting use of the Advanced Technology in any way that is contrary to the Scientology Scriptures and seriously damages the religion of Scientology. 4. Transfer if Tax-Exempt Status is Not Obtained. If at any time after one year from the date of execution of this Agreement, RTC has not obtained tax-exempt status under Section 501 (c)(3) of the Internal Revenue Code of 1954, as amended, and does not have a pending application for such status or an appeal from a denial of such status in which all administrative and judicial remedies have not been exhausted, RTC shall transfer all of the rights assigned to RTC under and pursuant to this Agreement to another Scientology entity having such tax-exempt status, as designated by LRH, his heirs, successors or assigns, subject to the Option in Paragraph 3. 5. Disposition of Income Received. a. It is understood and agreed that RTC will make Appropriate charges, to be determined by RTC, for access to and training to the Advanced Technology. b. RTC shall apply at least ninety percent (90%) of the gross income it receives by reason of the Advanced Technology to religious and charitable purposes, to be determined by the Directors of RTC, other than the support of RTC and its operations, that either are within purposes of the religion of Scientology according to the Scientology Scriptures or are for the general purpose of advancing the moral and ethical level of mankind. Without limiting the generality of the foregoing, acceptable purposes for use of this income shall be: (1) establishing and maintaining an indestructible record of the Scientology Scriptures; (2) establishing and maintaining a museum of the religion of Scientology; (3) establishing religious schools, scholarships and retreats; (4) supporting other qualified organizations of the religion of Scientology; and (5) publishing, disseminating and promoting literature that is not part of Scientology Scriptures but which, in the judgment of the Directors of RTC, is in concert with the broad goals of Scientology and is worthy of support for the general benefit of mankind. c. RTC may retain up to ten percent (10%) of the gross income derived by RTC by reason of the Advanced Technology, to support the operating and overhead expenses of RTC. Signed in duplicate at Los Angeles, California on the date first above written. [signature] ________________________________ Lafayette Ronald Hubbard STATE OF CALIFORNIA ) ) ss COUNTY OF Los Angeles ) On this 10th day of May 1982, before me, a Notary Public in and for said County and State, personally appeared LAFAYETTE RONALD HUBBARD, known to me as the person described in, whose name is subscribed to, and who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS THEREOF, I have hereunto put my hand and affixed my official seal, the day and year in this certificate first above written. [signature: "David Miscavige"] _____________________________________ Notary Public in and for Said County and State [seal]OFFICIAL SEAL DAVID MISCAVIGE NOTARY PUBLIC--CALIFORNIA LOS ANGELES COUNTY My Commission expires JAN 11, 1985 RELIGIOUS TECHNOLOGY CENTER By [signature:"Stephen Glen Marlowe"] _____________________________________ Its President By [signature: "Laura Marlowe"] _____________________________________ Its Secretary STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) On this 16th day of May 1982, before me, a Notary Public in and for said County and State, personally appeared Stephen Glen Marlowe and Laura Marlowe, who, being duly sworn, acknowledged themselves to be the President and Secretary, respectively of RELIGIOUS TECHNOLOGY CENTER, and that they, as such officers of such corporation, being authorized so to do, duly executed the foregoing Agreement as an act and deed of said corporation and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. [signature: "Bev Mustard"] _______________________________________ Notary Public in and for Said County and State. [Seal]OFFICIAL SEAL BEV MUSTARD NOTARY PUBLIC CALIFORNIA LOS ANGELES COUNTY My Commission expires [illegible] ------------------------------------------------------------------------ Exhibit 1 Page 1 of 1 PRECLEAR/PRE-OT PROCESSING LEVELS GRADE/LEVEL MATERIALS/STATE ATTAINED Grade V & VA Release The Power and Power Plus Processes (Power Release) Grade VI Release R6 End Words (Whole Track Release) Clear Clearing Course OT I Section One Operating Thetan OT II Section Two Operating Thetan OT III Section Three Operating Thetan OT IV Section Four Operating Thetan OT V Section Five Operating Thetan OT VI Section Six Operating Thetan OT VII Section Seven Operating Thetan OT VIII and above Section Eight Operating Thetan and above NOTS OT Drug Rundown New Era Dianetics for Operating Thetans Drug Rundown Completion NED for OTS New Era Dianetics for Operating Thetans Completion Solo NOTS Solo New Era Dianetics for Operating Thetans Completion L - 10 List 10 L - 11 New Life Rundown L - 12 Flag OT Executive Rundown OT Review Auditing ------------------------------------------------------------------------ Exhibit 2 Page 1 of 1 AUDITOR TRAINING CLASS/DESCRIPTION CERTIFICATE/FORMAL NAME Class VII Auditor Hubbard Graduate Auditor Class VII Case Supervisor Hubbard Graduate Case Supervisor Class VIII Auditor (Confid. Section) Hubbard Standard Technical Specialist Solo Case Supervisor Hubbard Solo Case Supervisor Class X Auditor Class X Auditor Class X Case Supervisor Class X Case Supervisor Class XI Auditor Class XI Auditor Class XII Auditor Class XII Auditor Class XII Case Supervisor Class XII Case Supervisor NED for OT's Auditor Hubbard Advanced Courses Specialist NED for OT's Case Supervisor Hubbard Advanced Courses Specialist Case Supervisor Confidential Section of the Solo Auditor Course (R6EW Materials) Senior NOT's Course New Vitality Rundown Auditor's Course New Vitality Rundown Case Supervisor Course ------------------------------------------------------------------------ ADDENDUM THIS ADDENDUM is effective January 19, 1982, and modifies the Assignment Agreement--Advanced Technology--U.S. dated for reference January 1, 1982, by replacing Exhibit 1 with the following list of Preclear/Pre-OT Processing Levels. With this change only, the agreement remains in effect. PRECLEAR/PRE-OT PROCESSING LEVELS GRADE/LEVEL MATERIALS/STATE ATTAINED Grade V & VA Release The Power and Power Plus Processes (Power Release) Grade VI Release R6 End Words (Whole Track Release) Clear Clearing Course OT I Section One Operating Thetan OT II Section Two Operating Thetan OT III Section Three Operating Thetan New OT IV Operating Thetan Drug Rundown Completion New OT V Audited New Era Dianetics for Operating Thetans New OT VI Hubbard Solo New Era Dianetics For Operating Thetans Auditing Course New OT VII Solo New Era Dianetics for Operating Thetans Completion New OT VIII Truth Revealed New OT IX Character New OT X Operating New OT XI Future L - 10 List 10 L - 11 New Life Rundown L - 12 Flag OT Executive Rundown OT Review Auditing [signature] ____________________________________ L. RON HUBBARD RELIGIOUS TECHNOLOGY CENTER By [signature "Stephen Glen Marlowe"] _____________________________________ Its President By [signature: "Laura Marlowe"] _____________________________________ Its Secretary |