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UNITED STATES SECURITIES AND EXCHANGE COMMISSION

VS. 

KENNETH R. PAYNE, ET AL. 

UNITED STATES DISTRICT COURT 

CAUSE NUMBER: IP00-1265 C-T/K 

PLEADING INDEX


 

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
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22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36. Notice of Deposition (of Ms. Shelby Soard); September 22, 2000.
37. Subpoena in a Civil Case (to Ms. Shelby Soard); September 22, 2000.
38. Notice of Deposition (to Ms. Kerri Gambert a.k.a. Vonda Gambert); September 22, 2000.
39. Subpoena in a Civil Case (to Ms. Kerri Gambert a.k.a. Vonda Gambert); September 22, 2000.
40. Notice of Deposition (to Valerie Cork); September 22, 2000.
41. Subpoena in a Civil Case (to Valerie Cork); September 22, 2000.
42. Order Directing Turnover of Funds to the Receiver; September 21, 2000.
43.
44.
45.
46.
47.
48.
49.
50.
51.
-Exhibit "A"   (Kenneth Payne Assets)  
-Exhibit "B"   (Daniel Danker Assets)  
-Exhibit "C"   (Johann Smith Assets)  
-Exhibit "D"   (Constance Brooks-Kiefer Assets)  
-Exhibit "E"   (Heartland Companies Assets)  
-Exhibit "F"  (Heartland Companies and Individual Defendants Assets Summary)  
-Exhibit "G" (Receivership Checking Account Summary)  
-Exhibit "H" (Liabilities of Heartland and JMS)  
-Exhibit "I" (Draft Preliminary Report from Birk, Gross, Bell and Coulter, P.C.)  
52.
53.
54.
55.
56.
57.
58.
59.
60.
61. Subpoena Duces Tecum (to FFP Securities); November 8, 2000.
62. Subpoena Duces Tecum (to Bay State Federal Savings Bank); November 8, 2000.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
79a
80.
80a. Affidavit of Service (on Notice of Deposition and Subpoena Duces Tecum to Sheila Marquis); December 26, 2000.
81.
82.
82a.
82b.
83.
83a.
84. Receiver's Second Report of Acts and Transactions; March 12, 2001.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
99.
100.
101.
101a.
102.
103.
104.
105. Notice of Hearing on Motions for Interim Compensation; May 17, 2001.
106.
107. Order Authorizing Payment of Receiver Fees; May 31, 2001.
108. Order Authorizing Payment of Attorney's For Receiver; May 31, 2001.
109. Order Authorizing Payment of Interim Compensation and Reimbursement of Expenses for Birk Gross Bell & Coulter as Accountants for the Receiver; May 31, 2001.
110. Request for Entry of Default Against Defendant Kenneth R. Payne; May 31, 2001.
111. Request for Entry of Default Against Defendant Heartland Financial Services, Inc.; May 31, 2001.
112. Entry of Default Against Defendant Heartland Financial Services, Inc.; June 5, 2001.
113. Entry of Default Against Defendant Kenneth R. Payne; June 5, 2001.
114. Order Approving Sale of Coin Collection; May 30, 2001.
115. Receiver's Disclosure and Request for Instructions; June 7, 2001.
116.
116a. Subpoena Duces Tecum (to Alliance Capital Management Corporation): June 22, 2001.
116b. Subpoena Duces Tecum (to Sun Trust Bank); June 22, 2001.
117. Objection filed by Warners with Judge Tinder; June 28, 2001.
117a. Objection filed by Julia Ritter; July 2, 2001.
118. Receiver's Motion for Order Including the Assets of Kenneth Payne in the Receivership; July 3, 2001.
118a. Objection filed by Joan Winngs; July 4, 2001.
119. Entry on Receiver's Motion for Order including the Assets of Kenneth Payne in Receivership; July 5, 2001.
120. Receiver's Motion for Authority to Sell Real Estate of Daniel Danker; August 1, 2001.
121. Entry Granting Receiver's Motion for Authority to Sell Real Estate of Daniel Danker; August 2, 2001.
122. Subpoena Duces Tecum (to ChaseMellon Shareholder Services, LLC); August 23, 2001.
123. Entry of Appearance (of Linda M. Wagoner - for Kenneth R. Payne); August 31, 2001.
124. Motion to Set Aside Default Judgment; August 31, 2001.
124a. Entry Reassigning Magistrate Judge John D. Tinder, Judge, October 15, 2001; October 15, 2001.
124b. United States Securities and Exchange Commission's Response to Defendant Kenneth Payne's Motion to Set Aside Default; September 14, 2001.
125. Order Authorizing Payment of Fees to Attorneys for Receiver, Receiver and Receiver's Accounting Firm; September 18, 2001.
126. Receiver's Motion for Allowance and Disallowance of Claims; November 28, 2001.
- Exhibit "A"
- Exhibit "B"
- Exhibit "C"
- Exhibit "D"
127. Receiver's Motion to Make First Interim Distribution; November 28, 2001.
128. Receiver's Third Report of Acts and Transactions; November 28, 2001.
129. Receiver's Motion to Compensate Consulting Counsel; November 28, 2001.
130. Application for Interim Compensation and Reimbursement of Expenses by Birk Gross Bell & Coulter, P.C., as Accountants for the Receiver; November 28, 2001.
131. Second Motion for Interim Compensation of James A. Knauer; November 28, 2001.
132. Second Motion for Interim Compensation of Law Firm of Kroger, Gardis & Regas, L.L.P., as Attorney's for Receiver; November 28, 2001.
- Exhibit "A" - Part I
- Exhibit "A" - Part II
133. Notice of Hearing on Motions; November 29, 2001.
133a. Motion for Order Directing Indiana Bureau of Motor Vehicles to Issue Repossession Titles (for Payne); December 6, 2001.
133b. Motion for Order Directing Indiana Bureau of Motor Vehicles to Issue Repossession Titles (for Danker); December 6, 2001.
134. Entry Granting Receiver's Motion to Compensate Consulting Counsel; December 18, 2001.
135. Order Authorizing Payment of Interim Compensation for Birk, Gross, Bell and Coulter as Accountants for the Receiver; December 18, 2001.
136. Order Authorizing Payment of Fees to Attorneys for Receiver; December 18, 2001.
137. Order Authorizing Payment of Receiver Fees; December 18, 2001.
138. Union Planters Bank, N.A.'s Withdrawal of Claim; December 18, 2001.
138a. Entry on Defendant Payne's Motion to Set Aside Default; December 18, 2001.
139. Notice of Filing of Receiver's Motion for Allowance and Disallowance of Claims; December 21, 2001.
140. Certificate of Mailing; December 21, 2001.
141. Motion to Reset Hearing; January 4, 2002.
142. Order Granting Motion to Reset Hearing on Receiver's Motion for Allowance and Disallowance of Claims; January 8, 2002.
143. Notice of Continuance of Hearing on Receiver's Motion for Allowance and Disallowance of Claims; January 8, 2002.
144. Plaintiff's Notice of Change of Address (SEC); January 23, 2002.
144a. United States' Response to Receiver's Motion for Disallowance of Proof of Claim of Internal Revenue Service; February 11, 2002.
145. Motion to Reset Hearing; February 13, 2002.
146. Order Denying Motion to Reset Hearing; February 14, 2002.
147. Receiver's Motion to Supplement Claims Recommended for Allowance; February 15, 2002.
148. Receiver's Motion for Allowance and Disallowance of Claims and Receiver's Motion to Supplement Claims Recommended for Allowance; February 15, 2002.
149. Entry Approving Receiver's Motion to Make First Interim Distribution; February 15, 2002.
150. Order Granting Motion for Authority to Enter into Settlement Agreement with Valerie Cork and Sell Vehicle by Auction; March 12, 2002.
151. Motion to Intervene; March 21, 2002.
152. Subpoena Duces Tecum (to First Indiana Bank); March 29, 2002.
152a. Motion for Order Requiring the Indiana Bureau of Motor Vehicles to Issue Title in the Name of the Receiver; April 1, 2002.
152b. Motion for Order Requiring the Indiana Bureau of Motor Vehicles to Issue Title in the Name of the Receiver; April 1, 2002.
153. Order Granting Receiver's Motion for Order Requiring the Indiana Bureau of Motor Vehicles to Issue Title in the name of the Receiver; April 2, 2002.
154. Subpoena Duces Tecum (to American National Insurance Company); April 4, 2002.
155. United States Securities and Exchange Commission's Brief in Opposition to the Wildermuths' Motion to Intervene; April 8, 2002.
156. Subpoena Duces Tecum (to Lincoln Federal Savings); June 10, 2002.
157. Subpoena Duces Tecum (to Cheviot Building and Loan); June 10, 2002.
158. Subpoena Duces Tecum (Mt. Washington S & L); June 10, 2002.
159. Subpoena Duces Tecum (Home Loan Bank); June 10, 2002.
160. Subpoena Duces Tecum (Home Bank); June 10, 2002.
161. Subpoena Duces Tecum (to Home Loan Bank); June 10, 2002.
162. Subpoena Duces Tecum (Union Federal); June 10, 2002.
163. Subpoena Duces Tecum (Union Federal Bank); June 10, 2002.
164. Subpoena Duces Tecum (Citizens Savings Bank); June 10, 2002.
165. Subpoena Duces Tecum (Mooresville Savings); June 10, 2002.
166. Subpoena Duces Tecum (Ripley Federal Savings); June 10, 2002.
167. Subpoena Duces Tecum (First Federal Savings Bank); June 10, 2002.
168. Subpoena Duces Tecum (to Derek Thacker); August 28, 2002.
169. Notice of Deposition (of Derek Thacker); August 29, 2002.
170. Subpoena Duces Tecum (to Union Federal Bank); September 10, 2002.
170a. Subpoena Duces Tecum (to American National Insurance Company); October 18, 2002.
171. Motion to Intervene of Agnes N. Conder For the Limited Purpose of Seeking Relief from Stay of Other Proceedings; November 7, 2002.
172. Memorandum in Support of Motion to Intervene of Agnes N. Conder for the Limited Purpose of Seeking Relief from Stay of Other Proceedings; November 7, 2002.
173. Agnes N. Conder's Motion for Relief from Stay of Other Proceedings; November 7, 2002.
174. Memorandum in Support of Agnes N. Conder's Motion for Relief from Stay of Other Proceedings; November 7, 2002.
174a. Motion to Intervene Denied; November 12, 2002.
175. Appearance (of Max W. Hittle, Jr., Malcom C. Mallette, and Linda J. Cooley of Krieg DeVault, on behalf of Union Planters Bank); November 14, 2002.
176. Petition for Provisional Leave to Intervene (of Union Planters Bank); November 14, 2002.
177. Motion for Corrected Order Granting Motion for Order Directing Indiana Bureau of MOtor Vehicles to Issue a Repossession Title; December 4, 2002.
178. Motion for Order Allowing Receiver to Sell Vehicle in Private Sale; December 5, 2002.
179. Order Granting Motion for Order Directing Indiana Bureau of Motor Vehicles to Issue a Repossession Title; December 5, 2002.
180. Order Allowing Receiver to Sell Vehicle in Private Sale; December 5, 2002.
180a. Order Granting Withdrawal of Appearance; December 13, 2002.
181. Response of Receiver to Agnes N. Conder's Motion for Relief from Stay of Other Proceedings and Motion to Intervene; December 18, 2002.
182. Receiver's Motion to Make Second Interim Distribution; December 20, 2002.
183. Entry Approving Receiver's Motion to Make Second Interim Distribution; December 20, 2002.
184. Appearance on Behalf of Agnes N. Conder (Irwin B. Levin, Scott D. Gilchrist, and Eric S. Pavlack); December 20, 2002.
185. Receiver's Motion to Modify Court's Order Authorizing Second Interim Distribution; January 16, 2003.
186. Notice of Protective Order; January 21, 2003.
187. Entry on Agnes Conder's Motion to Intervene and Union Planters Bank, N.A.'s Petition for Provisional Leave to Intervene; March 7, 2003.
188. Receiver's Motion to Approve Settlement of Claim Against Derek Thacker; Mach 20, 2003.
189. Order Granting Receiver's Motion to Approve Settlement of Claim Against Derek Thacker; March 24, 2003.
190. Receiver's Motion for Order Authorizing the General Employment of J.A. Seales & Co. As Grenadian Counsel for Receiver; July 2, 2003.
191. Receiver's Motion for Order Authorizing the General Employment of J.A. Seales & Co. As Grenadian Counsel for Receiver; July 2, 2003.
192. Order Authorizing Employment of Grenadian Counsel for Receiver; July 7, 2003
193. Receiver's Motion for Order Authorizing Sale of 1999 Millenim Pontoon Boat; July 21, 2003
194. Entry Approving Receiver's Motion for Order Authorizing Sale of 1999 Millenium Pontoon Boat; July 22, 2003.
195. Third Application for Interim Compensation and Reimbursement of Expenses by BGBC Partners, PC, as Accountants for the Receiver; December 22, 2003.
196. Third Motion for Interim Compensation of James A. Knauer as Receiver; December 22, 2003.
197. Third Motion for Interim Compensation of Law Firm of Kroger, Gardis & Regas, LLP, as Attorneys for Receiver; December 22, 2003.
Exhibt A, part 1
Exhibt A, part 2
Exhibt A, part 3
198. Receiver's Fourth Report of Acts and Transactions; December 22, 2003.
199. Order for Hearing on 1) Third Motion for Interim Compensation of Law Firm of Kroger Gardis & Regas, LLP, as Attorneys for Receiver; 2) Application for Interim Compensation and Reimbursement of Expenses by BGBC Partners, PC, as Accountants for the Receiver, 3) Third Motion for Interim Compensation of James A. Knauer as Receiver; December 24, 2003.
199a. Order (on withdraw of Linda Wagoner); January 5, 2004.
200. Order Authorizing Third Payment of Fees to Receiver; January 16, 2004.
201. Order Authorizing Third Payment of Interim Compensation for Birk Gross Bell & Coulter, P.C. as Accountants For the Receiver; January 16, 2004.
202. Order Authorizing Third Payment of Fees to Attorneys for Receiver; January 16, 2004.
203. Motion for Authority to Pay Costs of Tax Return Preparation; February 11, 2004. 2004.
204. Entry on Receiver's Motion for Authority to Pay Costs of Tax Return Preparation; February 12, 2004. 2004.
205. Receiver's Motion for Order Authorizing the Sale of Wave Runners; May 27, 2004.
206. Entry Approving Receiver's Motion for Order Authorizing the Sale of Wave Runners; May 28, 2004.
207. Notice of Withdrawal of Objection to Department of Treasury/Internal Revenue Service Claim and Allowance for the Agreed Amount; October 18, 2004.
208. Entry Allowing Department of Treasury/Internal Revenue Service Claim for the Agreed Amount; October 19, 2004.
209. Order; September 19, 2005.
210. Receiver's Motion for Authority to Liquidate Public Partnership Units of PLM Investment Management, Inc.; May 9, 2006.
211. Certificate of Mailing (to K. Payne on pldg 210); May 12, 2006.
- Exhibit A
- Exhibit B
212. Receiver's Fifth Report of Acts and Transactions
- Exhibit A
- Exhibit B
213. Fourth Motion for Interim Compensation Of James A. Knauer as Receiver; September 22, 2006.
- Exhibit A
214. Fourth Motion for Interim Compensation of Law Firm of Kroger Gardis & Regas, LLP, as Attorneys for Receiver; September 22, 2006.
- Exhibit A
215. Notice of Hearing on Fourth Motion for Interim Compensation of Law Firm of Kroger, Gardis & Regas, LLP as Attorneys for Receiver and Fourth Motion for Interim Compensation of James A. Knauer, as Receiver; October 6, 2006.
216. Receiver’s Application for Fourth Interim Compensation and Reimbursement of Expenses for BGBC Partners, PC, as Accountants for the Receiver; December 29, 2006.
- Exhibit A
- Exhibit B
- Exhibit C
217. Notice of Hearing on Fourth Motion for Interim Compensation and Reimbursement of Expenses for BGBC Partners, PC, as Accountant for the Receiver; January 3, 2007.

 

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