A Tale of Two Colleges

'A Tale of Two Colleges' -- Info on MIM (Myotherapy Institute of Massage)

"It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair, we had everything before us, we had nothing before us, we were all going direct to Heaven, we were all going direct the other way – in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only." The opening paragraph of the novel 'A Tale of Two Cities' by Charles Dickens.

That paragraph appears to have all of the elements of the story behind the college(s) named : 'Myotherapy Institute of Massage'. If you are reading this webpage then you are just surfing among my articles on 'marinefreshtropical.com' or you may have typed the words 'Myotherapy Institute of Massage' into a web search engine. In the case that you were directed here by a search engine then you are perhaps interested in taking some of the courses or are in some stage of investigation toward that end. If so then this webpage may inform you of the history and names associated with the college -- if you were just surfing then you may be interested in the story. Typing 'Myotherapy Institute of Massage' into a search engine should give several webpages with several different URLs or at least with different domain names. At the present time (10:11 AM 5/19/2013) there will be two websites -- one at myomassage.net and one within my server space under my domain name marinefreshtropical.com.

The webpages for MIM currently run by my wife Rhonda (Shirley's oldest daughter)

The two websites both refer to the same college of massage therapy which is a 'distance school'. MIM is not a 'sit-down' type of college with instructors and students in classrooms -- that is another school I will describe below -- and MIM is not an online school but as I will explain below -- there may be some real advantages to learning by this method over the normal sit-down classroom method of instruction. The 2005 webpages have old phone numbers and addresses -- so this is for comparison only -- although both emails are available to Rhonda currently so communication by the emails will work. We have purchased the domain name -- myotherapyinstituteofmassage.net and when the school is restarted -- the new updated web pages will be there.

If you have checked out both links from the web search engine you will have noticed that the two sites have similar content but that one has different graphics -- and is mostly in a kind of new-age pink (the myomassage.net pages) and the other site has a kind of green and black motif to the pages (this is the official one (at marinefreshtropical.com run by my wife -- the oldest daughter of the founders of the school). I will first try to explain why there are two or three websites with the same basic information and why one is the official one. And I will try to explain the other name issues and the origins of the college and its sister college (Utah College of Myotherapy) and a kind of step sister (Utah College of Massage Therapy). MIM was originally only advertised in newspapers and magazines but sometime in the late 1990s a webpage was created for information on the college and had the domain name myomassage.net. I am not sure who wrote the original webpages but I was asked to help out my mother-in-law when she needed to update the webpages in this century. I was told to contact a Rob Eastman who had worked for Shirley and may have created the entire website (I never asked) but he eventually moved on to other things and was managing a retail furniture store in Orem Utah. He had the passwords to the website (then at hurricane electric) and just gave them to me and I made the changes and left the passwords with Shirley. At this time (about 2005) Shirley had asked me to help her market the CDs and DVDs she had as part of the MIM course of study. She wanted to put a shopping cart on the site and I had been working with a PayPal shopping cart program and had bought two copies of it -- cheap at $25 each -- and I worked up a webpage for her with a set of CDs she had as part of the anatomy course for MIM. She did not pay me for the changes to the website or the shopping cart demo -- but she gave me a copy of Office 2000 which was useful. I thought it was a very good idea as someone may want to buy just one course 'a la cart' and she had two employees at the time spending some of their time modifying the courses for prime time. I showed them the webpages and heard nothing from Shirley about the school or the shopping cart -- although I looked at the site and no shopping cart pages appeared.

Shirley Fosters death certificate

At this point I want to make sure everyone knows that Shirley Foster died of a heart attack about two months ago and as my wife (Rhonda) is her oldest daughter she was enlisted to deal with her mother's death and the affairs of the college. James W. Foster -- Shirley's husband and Rhonda's father died of a heart attack in 1993. Jim Foster grew up on a farm in Idaho and as a young man he went to work as a printer for the Tribune in Boise. All I know of Jim is from the short time I knew him and what Shirley and Rhonda have told me of him -- and now that we have all of the school papers, instruction videos and CDs I have read and heard more about his life and business efforts. He appeared to have a genius for learning new things and after he started out as a printer in Boise working for someone else he eventually moved to Salt Lake City and learned enough from working for the tribune to start up and run a successful printing business of his own in SLC. Shirley had some back problems and Jim went with her to many doctors and chiropracters to help her with her problem and he must have decided to immerse himself in the subject and became very proficient in the areas of chiroproctology, massage therapy, nutrition, and holistic medicine in general. When he died he had over 20 years of experience as a massage therapist and had certificates and awards from all aspects of massage therapy including national and international certifications. If you take the courses you will hear Jim or the other instructors talk of how Jim flew all over the country to learn the individual techniques that are part of the college courses. If you google the word 'Accutherapy' you will find that Jim Foster is credited with inventing that particular method of massage therapy. The Accutherapy course has 17 fifty minute DVDs and on one of the first DVDs Jim is instructing the students about muscles and the skeleton and tells the story of how he has been paid to instruct chiropractors at conventions across the country. He jokes that he was able to tell them that many of his patients come to him saying that their neck is 'out' or something similar. He points out that this terminology is something that apparently comes from chiropracters but that for the purposes of honesty he has to correct the patients -- and presumably he also points out to the chiropracters he is instructing -- that it is the muscles that move bones -- not the other way around. Jim immersed himself in learning everthing there was to learn about massage therapy and holistic medicine and his knowledge of medicine and anatomy was amazing. Rhonda's older son had some strange red warts on his back and when Jim saw them he knew the name for them and predicted that they would disappear in a few years and they did. He had started a clinic while still running his print shop and had many patients depending on his expertise when he had a heart attack in about 1986. This was before I knew him but apparently he was in the hospital for some time and when he got back to his clinic there was a common question from all of his patients -- 'What is going to happen to us if you die?'

His response to this question is contained in this article apparently written when Shirley was attempting to sell the DVDs separately:


When James W. Foster was nine years old, his heart was severely damaged by rheumatic fever. From the age of 18, every doctor warned him he would die within two years. Despite, their dire warnings Jim lived a relatively normal life until he was nearly 50 when his heart was attacked by a virus. He was hospitalized twice and doctors told his family both times he would never leave the hospital alive. Again, he proved the doctors wrong. When he returned to work, his clients asked "What is going to happen to us if you die?" A few months later, while on a drive in Utah's Wasatch Mountains, Jim turned to his wife, Shirley and asked "How would you like to start a school?"

With that in mind, he not only lived another 7 years, Jim proved he not only had a gift for healing and teaching; he had a mission to teach others the techniques that had helped his own clientele to improved health and well being. In 1994 Jim was included in the US Registry's Who's Who among outstanding Americans.


Although a printer at heart, Jim had traveled extensively throughout the United States lecturing on many of the techniques that have since become his legacy. Jim opened Spinal Touch Therapy, Inc. in the early 70's. By 1991, he had founded Myotherapy Institute Research Center, known today as Myotherapy Institute of Massage.

For 20 years, Jim's audio and video's have been used to train 1000's of highly successful massage therapists throughout the US, Canada and South America. All of the techniques and modalities are based on historical writings of Western practitioner's dating back to the 1800's, 3000 years of eastern methodology and modern science. Prior to teaching others all the techniques were proven to be effective by Jim in his own clinic.

Jim's teachings are unique in many ways and the diamond among them is his own. He discovered that by applying a gentle touch on corresponding areas of the body pain would go away, as if by magic. It is so gentle that babies, the elderly and those in extreme pain have experienced relief from their pain.

Many nurses who have learned this technique now use it in hospitals. They report many of their patients have intense pain but can't have any more pain medication. When they administer this simple touch technique, their patients often drift off into a relaxed, comfortable sleep. This painless touch therapy is designed to relieve tension and muscle spasms without rubbing or massaging tissue

Others have used it in the office on their fellow workers to relieve headache pain or neck and shoulder pain from office work. Their co-workers have been amazed at the relief they receive.

Now you can learn this powerful therapy in your home to use on family and friends. Each video contains Jim's lectures on the anatomy of the area of the body being worked on and clear, concise instructions on exactly how to administer the touch. After carefully studying each DVD and practicing on your family, you will be amazed at the power your fingertips will have to administer comfort to those around you.

=====end of brochure

I don't know if Shirley ever published the above account as she was immersed in other issues that I will describe below -- but note that his legacy is the knowledge he left in his writings and lectures for the school. The entire document that I quoted from is at:

Ad copy for the DVD brochure

and it was intended to be printed as a brochure to sell the DVDs. This document and several others written at that time will eventually be put up in the website when we update it in the near future. Something not mentioned in the ad copy above but told to me by Jim was that he worked for several years along with the founder (Norm Cohn)of the other massage college in Utah (the step-sister I mentioned above -- the Utah College of Massage Therapy) to get the Utah legislature to allow colleges of massage therapy as accredited schools. The Utah College of Massage Therapy was sold to the Steiner Education Group several in 2006 :

An article with info on the sale of the Norm Cohn college to Steiner

Another article with info on the sale of the Norm Cohn college to Steiner

It sold for 28 million dollars since Jim's lobbying partner had by that time grown to include 7 campuses in 4 states. The Steiner network already had colleges in several other states and is somewhat different from Jim and Shirley's college in that the 'myotherapy' word is not in the title and it is less of a holistic college and more aligned with medical therapy as in vacation spas -- they have spas on over 120 cruise ships and over 50 resort spas with one at Disneyland according to the article.

Shirley was not very good at communicating with any of us and as can be seen from the descriptions above -- she was not current with technology and had other people create the website and most of the documentation. She apparently did not know all of the business details of the college she and Jim set up because when Jim died she brought me a laptop computer that was Jim's and told me to find the instructions on how to run the college. Unfortunately there were no instruction files on the laptop and Shirley had to figure out how to continue the college without Jim. At this point I should point out that the college was generating a gross income of around 500k and had a number of instructors, office personnel and students and was located in a small building on 23rd East in the Millcreek area SLC. Shirley can only be decribed as secretive about the business and her personal life. She was famous with us for showing up in the driveway and forcing Rhonda to have a conversation with her through the car window -- short conversations. She had the appearance of being extremely busy and no real information on the school or much of anything was forthcoming from Shirley. Jim had died on a Saturday in a field in West Valley while he was training his new horse. In about 1990 or so Jim and Shirley's college was featured on a KSL radio program and from what I picked up -- the response was phenomenal and the college had grown from a gross of 200k to about 500k. Both Shirley and Jim bought new vehicles (Shirley's was a Lincoln Continental with customized licences plates stating: FINALLY ). We have the cars -- it has 150,000 miles on it and the other 160,000 -- she did keep busy -- and we have one of the licence plates since she kept one in her office when she got new plates later. They had enough money to start up a hobby in Arabian horses and had a few (the passwords for all of the laptop files and some of the college files were the names of the horses). Jim had been around horses in his youth on a farm in Idaho and now that he had some spending money he was getting horses again. After a couple of years of just owning them he decided that he wanted to ride them even though he had had the heart attack and it was against his doctor's orders. His way around it was to buy a special breed of horse called the 'Paso Fino' billed as "The Smoothest Riding Horse in the World -- True to their name, Paso Finos are the horse with the fine step! The breed’s Spanish heritage can be seen in their proud attitude, style, and elegance. Paso Fino horses are known for being calm at hand, but full of energy, drive, and stamina under saddle. Their gait is unique, quick, extremely smooth, and totally natural!"

Info on Paso Fino horses

The riders of this breed do not experience the bouncing of other horses and they appear to be similar to a Tennessee Trotter. In any case Jim thought this was a horse he could ride and he had bought one and was training it on a Saturday when something went wrong and he had a heart attack. The nature of the heart attack was apparently caused by an accident and Shirley received a large insurance check. Rhonda and her two sisters received nothing personal of their father's and Shirley kept all of the money (amount unknown to us) and continued her secrecy causing a lot of the problems that will be described below. When Jim was alive Rhonda and both of her sisters had jobs at the college or the print shop. Rhonda was transcribing cassette tapes and typing documents into a word processor for Jim to use in his courses and writings. Shortly after his death I was asked to do some consulting work at the college and I spent some time (paid this time) to convert all of the various stand-alone spreadsheets and tracking documents into one computer-based database. I made a program that tracked all of the student loan payments from federal and private funds, tracked the books, course progress, and other things that required tracking. Shirley said her accountant said that with the new documentation the audits were much easier for him to accomplish. But as I have said -- Shirley was difficult to work with and a dinosaur when it comes to computers. I wanted to use Microsoft Access or Visual Basic but she insisted that Jim had researched databases and claimed that General Motors used Borland QuattroPro for all of their finances and it was a kind of order from the grave. The program worked just fine but was noticeably slow on the computers they had at the college. I saw little of her for the next few years when in about 2001 she asked me to help her with some legal problems she was having. She knew I had some familiarity with the civil legal system here in Utah as I had gotten custody of 2 kids each from two of my ex-wives. She asked me to attend a meeting with her lawyer and started the conversation with "I need your help as Paul has his hooks in me". She told her story of how she had lost control of half of the college Jim had started with her and was about to lose the rest of the college (the distance school MIM) and her home. As was her way the details were not forthcoming but the story I got was something similar to what I will now describe. If I am wrong -- please correct me -- but I would prefer documents to support any corrections.

When Jim was alive he managed the print business and the sit-down and distance colleges. Shirley first brought in a lawyer friend who ran the colleges for a year or two before he left -- reasons unexplained. She next promoted an office person to manager who she fired for unknown reasons after a year or so. There is some documentation on this guy as he filed a descrimination suit against Shirley but lost the case. Next she hired a consulting firm out of Denver to run the school but this also ended -- unexplained to me as usual. But at this point -- in 1998 I believe -- she had problems with the federal program that audits the student loan and grant programs. Nothing illegal or improper was happening -- the office just did not have the documentation that the feds wanted and stopped all payments until the files were fixed. Shirley said that the office employees were not inputting all of the data properly -- managing people can be difficult. In any case she was short about $26,000 dollars from making payroll and she needed a 'bridge loan' until the money was turned back on from the federal programs. She showed me some management agreements she had tried to negotiate in the intervening years and I remember one egregious one where the guy offering to manage her school was clearly trying to take advantage of her. Jim's sister lived in the area and was married to a Paul Montgomery who had a large business in apartment and office rental (PMA was the name of the business). After Jim's death Shirley had had a mansion built for her up on Mount Olympus. She had gotten a Small Business Administration loan and purchased for the college a large building called Graystone Office Building (12,208 square feet and purchased for one million I think) that had enough room for the college and some office space that needed renting out. She went to her brother-in-law and asked him for the bridge loan and apparently he offered to manage the school and help rent out the office spaces in the new building. When we went into Shirley's apartment/office after her death we took out boxes and file cabinets of documents and a couple were bound books with the original documents of the lawsuits that resulted from the management contract that Paul offered her. I saw the document back in 2001 and have copies taken from the apartment. We took from the apartment stacks of documents that Shirley had written and placed in binders that if stacked up may reach twenty feet in height. About a third of them were documents trying to reopen the civil case that lost Shirley the sit-down portion of her college. Another six feet or so were documents written for the FBI to open a fraud case against Paul and his company -- PMA. The last third of the stack were documents attempting to get the LDS church to excommunicate or disfellowship Paul if he did not correct the injustices. The loan/management agreement is quite long but at one point it states that he would get 66% of the profits from the colleges and Shirley would get the rest -- not a bad agreement for the silent partner she now wanted to be and she maintained ownership of the college and received $4000 per month to live on. Unfortunately there was a lot of other things in the document that were alarming to me and some things lacking -- for instance rules or criteria to break the agreement if needed. The most alarming thing was that Paul was to receive 100k per year in compensation and another 100k split between three of his apartment rental people -- but no mention was said of performance issues of the college or Graystone -- I would have expected the added payroll expenses to be somehow tied to a corresponding increase in the college income performance. From what I have read the college was originally set up as a non-profit corporation so I have to wonder about the profit sharing part of that agreement. Shirley had not shown Rhonda or myself the contract or informed us of anything going on and we suspect Rhonda's sisters had little knowledge of what was happening. Anyway it was now about 4 years after the agreement was signed and apparently in 1999 Paul had taken Shirley to civil court and attempted to take the entire college from her. Coincidentally the Judge who did the arbitration on the case was the same one who gave me custody of my two young daughters years ago (Judge David Roth). As I recall it Shirley said that Paul had forced her to sign loan agreements in an amount of over $400,000 from his own finance company -- called something like 'Celestial Enterprises Ltd.' but she was not very forthcoming on what the money was needed for. Shirley stated that in the intervening years Paul had not paid the taxes on Graystone and it was about to reach the 5 year mark and end up in default and that the original agreement reached by the court had not settled some really important issues such as the fact that the SBA loan was tied to Shirley's home and prevented her from refinancing her home. I researched the Utah civil code on fraud -- very sparce and it would be difficult to win a fraud case with the fact that Shirley had signed the agreements. I met with her lawyer along with Shirley -- he was apparently doing it as a favor and had run up a bill of over 26k by 2001 and did not expect to be paid. I could do nothing for her and did not hear of any of the results of her attempt to 'get Paul's hooks out of her' until we had a look at the stacks of documents we saw after her death. Perhaps she got better in putting the documentation together in the last few years and did not have the stuff in order in time for the original lawsuits but some of the documents she bound up in binders are quite clarifying. One detailed some of the results of her lawsuit in a binder called 'Judge Frederick's' ruling in 2003. In the intervening two years Shirley had to give up ownership of Graystone along with the sit-down college but retained ownership of her home but with the SBA loan still attached. It got complicated and it would appear that she lost her home to Paul and got back Graystone then another settlement gave her back her home for Graystone leaving her in the odd position of having owned both her home and Graystone twice each. The original court settlement and the odd leans of the SBA loan kept her from selling her home or getting the one million or so in equity she claimed she had in Graystone. Judge Frederick gave her back her home and she retained the distance school and Paul now owned the sit down college (now called Myotherapy College of Massage). The address of that college is now not at Graystone but is east of it on Buggati Drive so I would assume Paul managed to sell Graystone. At first both colleges were at Graystone and Shirley also had a massage therapy clinic there but in a few years she moved her employees to office space elsewhere and also lost her huge home on mount Olympus. She then lived in apartments and had an office there and a couple of storage sheds housing her household stuff and stored stuff for the college. At this point the parts of the Dickens quotation about belief and incredulity apply as some people choose to believe Shirley's story that the college was stolen from her by fraud and others (apparently Rhonda's two sisters included) believe that Paul got the poor end of the deal. The settlements included language that forbade either side from competing or disparaging the other's business for five years -- this constraint is no longer in effect. After Shirley's death it would appear all three daughters were called by the police and Brenda and Rhonda each were given a key to the apartment. Brenda got in the apartment a day or two before Rhonda and in a conversation with Rhonda made it clear she wanted nothing to do with her mother or her college. Rhonda arranged with the landlord to take the responsibility to clear out the apartment and we started going there each day and a day or two later a set of keys was on the kitchen table that had not been there earlier. We had found out the locations of the two sheds from some of Shirley's former employees. One was arrears one month in rent -- the other $2600 arrears. Rhonda found the location of one shed and paid the rent on it (the one month) and got the gate access code. We went to it and tried all of the keys and found the key to it was on the set of keys that had appeared on the table -- Brenda got there first and apparently had taken what she wanted. It took about a week to settle the issues with the second shed and because the shed manager liked Shirley and Rhonda he asked for only $200 if the shed was emptied in 10 days. The day Rhonda paid the money and got access to the shed -- Brenda's husband showed up at the apartment and when we told him that just that evening we had gotten access to the second shed he called Brenda (she had stayed in the car) and she immediately showed up in the apartment and took command. I have only seen Brenda a couple of times over the years and Rhonda says she bullied her all the time they both lived at home. After the conversation Rhonda had with Brenda a week earlier she had such a bad experience that she had all contact with Brenda relayed through Rhonda's daughter Nannette. Nannette was there in the apartment and when Brenda showed up she was true to form. Nannette had found Shirley's wedding ring and Brenda grabbed from Nannette stating that she was going to pass it down through her family as if Nannette was not Shirley's grandaughter. She then demanded the key and access code to the second shed and said she would allow 'no policing' by us. By this time Rhonda had decided she wanted to try to continue the school and we had a conversation about that with Brenda. She apparently believed Paul's side of the story over Shirley's and wanted the distance school to be just given to Paul. I said that was something Shirley clearly did not want to happen and that would be a travesty since she had spent all that time and effort to try to get the whole school back. Brenda said the money loaned by Paul to Shirley was over one million dollars. Brenda said she wanted all of the documents Shirley had generated -- burned. We told her that we had been shown the shed -- from the door -- before the access was granted and saw a grandfather's clock, a hamilton printers cabinet worth over $2000, 4 or 5 sewing machines and a serger (apparently from Shirley's mother), and we told her that we knew from the employee that there were some old guns there. There was clearly a lot of stuff from the college also. We thought she would come back and let us know what she wanted and I had asked if Kyle (her husband) could help me get stuff out of the apartment. He said he had the next two days off and would call me. What Brenda had said about giving the school stuff to Paul alarmed us and in a kind of triage method we spent the next couple of days removing the computers and files in the apartment along with Shirley's literary efforts. We never heard from Brenda or Kyle and we expected to see the key show up in the kitchen after she had taken what she wanted. They had seemed kind of unmotivated up to this point but we started to see many things missing each day as we came to the apartment and we finally went out to the second shed and found our lock removed and the shed manager's lock now on the shed. We called him and found that Kyle and Shirley had become energizer bunnies and removed everything from the shed in a day or so -- apparently some people never learned to share. We have a printout of the keycode entries and they were in and out ever 20 minutes or so -- I asked who was there and he had surveilance video. Brenda may be as much a dinosaur about computers since she did not have an email account and send letter a week or so later stating that she was keeping the clock -- that the files were old stuff and discarded -- that other things and the stuff removed by them from the apartment were put in a 'consignment store' -- I am not sure I believe they would remove the stuff just to do that. There was no mention of the guns, sewing machines, or the printer's cabinet but there was a demand for one of the paintings that Shirley had had in her apartment. She had found documents on the purchase of the paintings and although she had been in the apartment many times and seen the paintings she did not know they were worth anything and just left them there -- but now she demanded to take them and get them appraised. How likely is it that we would ever see any of the paintings or money from them if we gave them to her? Rhonda has made arrangements with the state to take over the school after closing it for a few months but the state is demanding copies of all of the transcripts since the start of the school. Rhonda is getting phone calls and emails from students needing transcripts every week as there appears to be some new regulations requiring documentation and the students appear to have lost the transcripts they got on graduation -- thanks to new regulations that let the state licencing bureaucrats not have to look for the original transcripts in their files but just demand that the students find their originals from 10 to 20 years earlier. We can't find student information for more than about 10 or 12 years and the older files must have been in the second shed -- the school has been running for over 20 years. The state of Utah representative says they will file a supoena to Brenda to get the files back. Oddly enough in our conversation with Brenda she had stated when told that we needed to keep all the files -- that an insurance Surety Bond should cover such things. My experience with surety bonds is that they are only to guarantee that the state gets their royalty payments -- there is a fee to the state for each student enrolling -- we have since found that a really expensive surety bond is required to pay back the students if the school somehow cannot deliver on its obligations. We would like to be able to provide the older transcripts but under the circumstances we are just going to let our lawyer and the state of Utah handle this problem.

I should get back to the two different websites -- in two different color schemes -- for the distance college (Myotherapy Institute of Massage). This is also a complicated story and we have no idea what Shirley's side of the story was since she told us almost nothing. A guy showed up at the apartment claiming Shirley owed him 26k for services rendered -- but he says he never got anything in writing from Shirley. It appears that this older gentleman had been helping Shirley for all the years of the college's existance (this is his story and cannot be verified). He claims to have done the modifications to the website and created all of the CDs, DVDs, and literature for her and it should be understood that he is a part owner of the college. He claims to have copies of all the CDs, videos and literature and he had one of his younger friends or employee helping out Shirley for the last year or so -- gratis. She also showed up at the apartment and came back to help us find one password for one of the computers. She is a nurse at a psych-ward in a local hospital and appeared competent enough although when Rhonda called her and tried to get help on running the school she was not forthcoming. I did see her name on some of the accounting documents -- as receiving checks from Shirley -- so she must not have been working entirely for free. I told Fred that we had no money to pay him but I told him the story of how Henry Ford motivated his workers by doubling their daily wage way back in the 1920s. Fred is a libertarian and he probably knew of the wage doubling story that liberals have used as justification that the minimum wage should be increased over all of the years since then. But I told him the real story -- not the propaganda of the liberals. The real story is that the wages did not really double as a wage increase would but that what was offered was a profit sharing plan. Ford had been having real problems with employee turnover and absenteeism as well as quality issues. The doubled wage was an offer to give a bonus equivalent to the regular wage at the end of the year if productivity was up to a certain level. This in fact happened since now the employees were motivated to show up, and improve methods and quality to receive the profit sharing bonus -- this is not exactly the same as just doubling the wages. He did not offer to help and I have to wonder if he was hoping no one would step up and run the school and he would just start it back up on his own. He did say that he had been advising Shirley on her lawsuits with the state and FBI. He said he had expected her to win in the lawsuits and receive 17 million dollars from Paul and PMA. He had also tried to get her to sell the distance college and pay her out of the proceeds. Shirley appears to have had a kind of hoarder mentality regarding the college and that seemed unlikely. Fred's advice to Shirley may have contributed to the reams of documents she produced but a little conversation with him made me wonder about his knowledge of the legal system. He is one of the strange breed of individualists that believes the income tax is illegal and that finally getting it to court and demanding discovery of the actual implementation documents way back when will show that signatures were forged, etc. and it will fall like a house of cards leaving no one owing income tax. He claims to have not paid in 11 years and when talking about the lawsuits he indicates that it may be futile because there has recently been a lawsuit in Utah that undermined all of the validity of the state government, laws, and constitution and that little will be accomplished until after this chaos occurs and the new laws, constitution, and elections are redone -- wow.

Our problems with him may be more difficult to resolve since he would not give us the password for the website. It appears that he extended the space rental on GoDaddy's servers using his own credit card -- not Shirley's. This was a couple of years ago and even though everything is in Shirley's name -- the domain name 'myomassage.net' and the server space has been paid for the next 9 years or so (extended from the 5 years Shirley already had) -- Go Daddy ignores the owner's name and demands the last 4 digits of the credit card as proof of ownership. It appears to be an odd type of mechanic's lean against the website. I have the original website saved from when I last changed it -- the one on my webspace under marinefreshtropical.com and we are inclined to just pay for another domain name and put it up on our Go Daddy server space -- this will be a third instance. We do have ownership of the 1-800-HEAL-YOU phone number and so far Fred has given Rhonda the passwords to the myomassage.net email accounts and the post office box in Millcreek. If something changes and you can't reach Rhonda -- remember the green and black webpages are the official ones and all of the legal rights to the CDs, videos, and other intellectual properties created by Rhonda's parents reside with her -- not Fred.

Now let us get back to the second college -- the sit-down college. Jim and Shirley originally started it as the Myotherapy Institute of Research and if you get a chance to listen to Jim on his Accutherapy DVD lectures you will see that it was not just a college but that he was heavily involved in research related to massage therapy. I have had a chance to go over some of the extensive documentation Shirley had put together in her effort to regain her whole college. One binder has all of the documents for the legal cases where Judge Roth played Solomon and split the baby -- the combined college into the sit down college (Myotherapy College of Utah) -- given to Paul because of the loans Shirley signed from his Celestial Enterprises Ltd. company totaling over one million dollars (Brenda was right there). The distance college was given to Shirley along with all of the rights to the intellectual property -- there was a document attempting to have Shirley sign that away also but She did not allow that -- nice try though. As you may have inferred from our lack of real communication with Shirley and our knowledge of the house she built -- no one really knew what was going on with the loans from Paul -- apparently to Shirley. In the tomes we extricated from the apartment was a nicely bound set of ten years or so of CPA audits -- apparently something required for the school. These are not word processing files generated by Shirley -- as most of the rest of the 20 feet of paper is -- but these were offical signed audits on expensive paper stock created by the auditors themselves. I can see how someone who has not seen these documents may still have doubts about where the million dollars went and possibly believe Shirley spent it on her home and living expenses -- but a careful reading of these audits indicates what really happened. I intend to scan these and put them up on my webspace for anyone interested to carefully study. The entire ten years of CPA audits have the balance sheets for all of the credit side (income to the college) and all of the debit side (expenses of the college) neatly tabulated with totals for lease/rentals as well as total wages. For the first two years both credit and debits total about 200k and then for about 5 years it goes up to 500k with both sides balanced within 20k with some years over and some under but with no outstanding debt or bondholders. The 500k years show the increase in college business after the KSL attention that as discussed above -- started the increase of the college while Jim was alive and the CPA audits show that for two or three years after his death it stayed at that level -- and balanced with no debt or bonds -- until the first year that the school was managed by Paul. The last three audits of the binder were for the last three years where Paul managed the college and Shirley just ran the distance school. The expenses jumped to 900k in the first year and stayed at that level for all three years but for all three years the income remained at 500k. All of the audits up through the first year of Paul's reign were done by the same auditor and some comments by that auditor in the report indicate why the last two audits were performed by another CPA company. He stated in that last year that the accounting system had changed and that the clear accounting system had been replaced by a system he could not entirely understand -- read his comments. He also puts in a summary at the end where he has to say that the college finances are still viable even though there is now a 400k plus bond/loan against the equity of the college (this is the first of apparently 3 loans from Paul's finance company to -- the college to meet the payroll and expenses -- not to Shirley -- but she had to sign them giving a claim against her equity in the college). Here is where the reader may want to exercise some creative thinking -- as I have. Consider the 200k in wages of the management agreement added to the existing instructor and office salaries for -- Paul and his three employees from PMA that started in the first 900k expense year. A year earlier you might imagine that Paul and his three employees were getting paid out of the PMA apartment rental and office leasing income. But now for the next three years they are paid by the college and you have to wonder if PMA now had an overage in income of at least 200k -- that perhaps was available to the sister company -- Celestial Enterprises Ltd.. Consider the murky accounting mentioned by the CPA auditor and perhaps the rest of the 400k each year was siphoned off at the college's expense and used to pay expenses for the PMA operation -- thereby creating more overage to perhaps reach the 400k of the bond/loans against Shirley's equity. If Paul and his pals were using their time for the benefit of the college -- then why did the income of the college not increase? Why couldn't Shirley's lawyer bring this up and prove fraud. I mentioned at the beginning of this essay that I had looked into the Utah Code for Fraud and it was not very clear. I am reminded of a quotation by Benjamin Franklin : 'Laws like to Cobwebs catch small Flies, Great ones break thro' before your eyes'. I mentioned that I had met with Shirley and her lawyer years ago and I don't remember him mentioning anything about pursuing a fraud case -- Shirley was the only one talking of fraud -- he may have been only interested in saving her home and the distance school -- and you have to wonder why he did not fix the SBA loan issues. From the appeals info below I can see that her lawyer did ask for discovery documentation on PMA (an evidenciary request to show a possible set of boom years for PMA showing that the money came from PMA -- the scenario I imagined above or something similar (what Shirley wrote in her tomes) but in the appeal it appears that she had only 30 days from the original settlement to do this and failed to meet the deadline -- convenient for Paul and Celestial Enterprises Ltd. The only online documentation I could find was on the appeals and they indicate that Paul's lawyers prevailed in claiming Shirley was on a fishing expedition (that she had an agenda). Shirley's documentation had another binder with details she had gleaned on the web of businesses Paul was owner or manager of and it was extensive. I can imagine him learning on a smaller scale how to perform such an operation and implementing it on the college -- counting on the loyalty of his probably well-paid cronies -- and knowing how ineffective the legal system is in such cases. That the later case with Judge Fredericks went better for Shirley was due to the clearly bad faith shown by Paul in not paying the property taxes on Graystone (Shirley had documentation that it went into default) and in the odd lack of untangling the SBA loan from Shirley's home and not allowing the sale of Graystone by Shirley.

see: Foster v. Montgomery (appeals court info)

similar to one above -- dealing only with the appeals

flyer on the Graystone Office Building at 1174 East Graystone Way

Shirley wrote an introduction to the binder on the 2002 Fredericks settlement and in it she says that Paul's lawyers used her own words against her and painted her has ignorant and incompetent. She apparently thought that Paul with his LDS temple recommend would not cheat her and wrote some kind of a note stating that she had received a revelation to 'go to Paul' that was used to paint her as incompetent. She wrote that when she tried to get information on PMA his lawyers claimed 'she had an agenda' and were able to deflect the discovery as a fishing expedition or some such language. From our perspective she was like Captain Ahab in Moby Dick with Paul as the great white whale. She spent too much time on obsessing about getting back her whole college and spent less time on her distance school. We may never know why she did not pursue the CD and DVD sales she was looking into in 2005 and 2006.

It was the 'best of times' when Jim was alive and the college was growing -- and the 'worst of times' when Paul managed to defraud her and take control of the college. One evening when we were at the apartment Paul's wife showed up. I asked her how their business was doing -- I really meant the sit-down college -- but she said their business was apartment rentals and that times were such that they had a lot of trouble getting money from the tennants. When we first looked into taking care of Shirley's affairs we went to the mortuary where she had been taken when she died. It took over two weeks to get a death certificate since the coroner did not want to perform an autopsy and expected her doctor to take responsibility for writing up the cause of death. He said she had not been to see her in over a year and declined to do the death certificate -- it was at that standoff point until they somehow resolved it. At the mortuary we found that Shirley had a paid for cemetary plot next to Jim's (worth about 3k) but they wanted and additional 10k to perform the funeral and burial. Rhonda had told Shanna (Jim's sister) that there was no money to do the funeral and Shanna offered to help out (without being specific). I told the funeral director that possibly she was looking to some redemption and he may hear from her since she was possibly worried about the next life. It was a day or so later that she called Rhonda and told her that all that stuff in the apartment belonged to them (meaning the distance college) -- she was hoping to just get it by asking -- and thereby make their present life more comfortable -- they never paid any money toward the funeral. Shirley's brother (Alan up in Idaho) sent Rhonda $500 which she used to pay for the obituary and a rememberance for Shirley at our ward house in Riverton -- Rhonda's two sisters and the Montgomerys did not attend. Allan had asked to get some of the crystal Shirley had but presumably that was something in the second shed that Brenda took. In one of Shirley's documents she stated that she had checked with the national certification board for massage therapists and found that all eight of Paul and Shirley's married children were certified. This perhaps means the college was needed by them to help support their progeny. Brenda took charge at the funeral home and got the cemetary (a separate company) to swap out the equity in the burial plot for a cremation and whatever costs the funeral home had in keeping Shirley's body in a refrigerator for over two weeks -- she should have had at least the obituary also paid for out of the equity (only mortuaries are allowed to create obituaries in this state -- perhaps to keep pranksters from creating false ones -- or perhaps just to keep the mortuary income up). When Brenda was at the apartment we asked her why she did not get Shirley's ashes placed in Jim's plot since the cremation should have left some money from the plot equity. Apparently that idea never occurred to them -- but Kyle spoke up and said they would take the ashes and bury them at night in Jim's plot. That never happened -- instead one morning Rhonda found the box of ashes on our front porch with a note from Brenda -- stating 'You think just like our mother -- you should keep the ashes' -- this of course refers to the fact that only Rhonda and myself believed Shirley was defrauded -- Brenda and the other sister apparently took Paul's side -- the 'it was the epoch of belief, it was the epoch of incredulity' of the Dicken's quotation.

The proof of fraud for me is in the simple fact that the sit down college is still operating eleven or twelve years later. If it was really bleeding away 400k per year under the first three years of Paul's management -- then how could such a hemorrhage have just ended when Paul had both the management and ownership. In Shirley's documents was a copy of a ledger of the college finances during the years when Paul first managed the college. It showed all of the payouts for payroll to Shirley and the school instructors and staff -- but no payouts to Paul or his personal staff. Shirley claimed it was part of a double set of books and I am inclined to believe her since the CPA documents mentioned above clearly show the 400k deficit and lacking an insider/whistleblower the true set of books will never see the light of day.

Remember in the quote from Dickens 'we were all going direct to Heaven, we were all going direct the other way' -- I am reminded of a joke I read years ago --

A little girl was talking to her teacher about whales. The teacher said it was physically impossible for a whale to swallow a human because, even though it was a very large mammal, its throat was very small. The little girl stated that Jonah was swallowed by a whale. Irritated, the teacher reiterated that a whale could not swallow a human, it was physically impossible. The little girl said, "Well, when I get to Heaven, I will ask Jonah." The teacher asked, sarcastically, "What if Jonah went to Hell?" The little girl replied, "Then you ask him.

-- Both Shirley and Paul were LDS temple recommend holders and either Paul was defrauded of over a million dollars by Shirley -- or Shirley was defrauded of her college by Paul -- and both of them cannot be in the highest heaven (the Celestial Kingdom in LDS belief -- thus the name of Paul's financial company). Gentle reader -- depending upon which kingdom you end up in for the afterlife -- ask either Paul or Shirley for yourself.

Postscript 8:46 AM 9/1/2013: After writing this article I was converting some Wordperfect documents into Word and found Shirley's explanation of the events mentioned above.

Shirley's own explanation of the above events.

I will put up Paul's explanation if someone sends it to me. --- cdm

I can be reached for ligitimate questions at cmoormann@gmail.com

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