Plaintiff, Sharon L. Qvington · case no. 3:04 cv 0059 united states magistrate judge; sharon l. qvington notice of billing statements forthe receiver. ii. thomas moran and the heritage

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

H. THAYNE DAVIS

Plaintiff,

V.

LIFETIME CAPITAL, INC.

Defendant.

Case No. 3:04 CV 0059

United States Magistrate Judge;Sharon L. Qvington

NOTICE OF BILLING STATEMENTS

FOR THE RECEIVER. II. THOMAS

MORAN AND THE HERITAGE GROUP

AGENCY, INC. FOR AUGUST 2015

ALL PARTIES HAVE TEN (10) DA YS FROM THE DATE OF FILING OF THISNOTICE TO FILE OBJECTIONS WITH THE COURT

The Receiver, H. Thomas Moran ("Moran") of the Heritage Group Agency, Inc., pursuant

to the Order Approving Compensation Procedure entered on May 5, 2004, respectfully submits

this Notice of Billing Statements for the period of August 2015, and in support thereof would

respectfully show the Court as follows:

BACKGROUND

The litigation underlying this receivership matter is a fraud and breach of contract action

brought against LifeTime, Capital, Inc., ("LifeTime") a Nevada corporation, by the Plaintiff, H.

Thayne Davis ("Davis"), an investor in LifeTime. The Complaint was filed on February 19,2004,

and sought to have a receiver appointed to take control and administer the assets of LifeTime for

Case: 3:04-cv-00059-SLO Doc #: 1530 Filed: 05/25/16 Page: 1 of 10 PAGEID #: 15780

the benefit of Davis and other similarly situated investors. On February 20, 2004, the Court

issued an Agreed Order ("Order of Appointment") appointing Moran as Receiver of the assets of

LifeTime.

On May 5, 2004, Judge Ovington entered the Order Approving Compensation Procedure

("Compensation Order"). This Order, as subsequently amended by agreement of the Receiver

and the Examiner, requires the Receiver to file with the Court a Notice of Billing Statements

("Notice") each month for services provided and expenses incurred in the preceding month. The

Order also requires the posting of these Notices on the Receiver's Website

(www.Lifelimereceiver.com") along with a summary of the fees and expenses, and service of the

Notice by facsimile or mail to the actual notice parties in this matter. Attached hereto as Exhibit

A is the billing summary to be posted on the Receiver's website. Exhibits B is the detailed

statements and expenses, respectively, for H. Thomas Moran and his staff members.

Respectfully submitted;

/s/ Joseph C. OehlersJoseph C. Oehlers (#0065740)E-mail: [email protected]

BIESER, GREER & LANDIS LLP6 North Main Street, Suite 400Dayton, Ohio 45402Ph: (937)223-3277Fx: (937)223-6339

D. Benham Kirk, Jr. (OBA #5044)E-mail: [email protected]

DOERNER SAUNDERS DANIEL &

ANDERSON, LLP105 N. Hudson, Suite 500Oklahoma City, OK 73102Ph: (405)319-3500Fx: (405)319-3409


Melvin R. McVay, Jr. (OBA #6096)E-mail: [email protected]

Corporate Tower, Thirteenth Floor101 N. Robinson

Oklahoma City, Oklahoma 73102Ph: (405)235-4100Fx: (405)235-4133

Attorneyfor the Receiver,H. Thomas Moran, II

CERTIFICATE OF SERVICE

This is to certify that on the day of May, 2016 a true and correct copy of theforegoing document was electronically filed with the Clerk of the Court using the CM/ECFsystem and that a true and correct copy of the foregoing document was electronically mailed tothe following:

Andrew C. Storar, Esq., Coiiri-Appoinled Examiner

D. Bcnham Kirk Jr., Esq. and Mclvin R. McVay, Jr., Esq., Co-Counselfor H.Thomas Moran II, Receiver

Brent L. English, Esq., Counselfor William J. Svete and Nallis Capital, LLC

James M. Hill, Esq. and Stephen J. Johnson, Esq., Co-Counsel for JonathanMajers, Ernest R. Biisios, Claimant Rudy Sotelo

Walter F. Reynolds, Esq., Counselfor Interested Parties. Richard A. Lee, JamesP. Kardys, Rachel Bon, Timothy Bon, Richard E. Fillingham, GinetteGiarardin, Joseph Girardin, Erich Grams, Cora J. Hanseman, KathleenM. Hendrix, Brian Krasner, Joan Prokop, Paul Prokop, Johnny JamesTodd, Jr., Nannie Todd, James Walker, Janet Walker, Robert L. Hulseman,SPCP Group, LLC

Alexander A. Arestides, Esq., Counsel for Interested Parties, Larry Harville,Frances Harville

Andrew Paisley, Esq. and Scott P. Ciupak, Esq., Counsel for Intervenors,Guaranty Bank


And that a true and correct copy of the foregoing was also served, via regular U.S. Mail,postage prepaid, to the following:

Brian Gazvini

Department of CorporationsSecurities Regulations320 W. 4th Street, Suite 750Los Angeles, CA 90013-2344

Patricia A. Labarthc, Esq.Enforcement AttorneyOklahoma Department Of Securities860 First National Center

120 N. Robinson

Oklahoma City, OK 73102

Slicnvin D. Byars409 Langley RoadTravelers Rest, SC 29690

Robert G. Burgess101 Crested Butte

Cedar Creek, TX 78612

Matthew A. CIcmcnte

Sidney Austin LLPOne South Dearborn

Chicago, IL 60603Counsel for SPCP Group, LLC

Jane Ivy-Stevens1613 P.M. 2790

Lytle, Texas 78052

9157-204167^52336

Bob LangOhio Division of Commerce

Division of Securities

77 South High Street, 22nd FloorColumbus, OH 43215-6131

LifeTlme Capital, Inc.P.O. Box 16338

Oklahoma City, OK 73113-2338Defendant

Steven F. Stacker

214 W. Robinson Street #888

Carson City, NV 89703-3938

Ernest Storms

121 Frontier Trail

Wimberlcy, TX 78676

Jacquelyn Storms121 Frontier Trail

Wimberlcy, TX 78676

Nena Ivy-Ellison110 Peaceful Lane

San Antonio, TX 78264

David W. Svete

Reg. #05779-017FCI Terminal Island

P. 0. Box 3007

San Pedro, CA 90731

BIESER, GREER & LANDIS LLP

/v/ Joseph C. OehlersJoseph C. Oehlers


EXHIBIT A

FEES AND EXPENSES OF THE RECEIVER

AUGUST 2015

The Receiver has submitted his application for payment of fees and costs as follows:

FEES COSTS

The Heritage Group $ 906.70 $ .00

During the period from August 1, 2015 through August 31, 2015, the Receiver engaged in

various activities regarding litigation against Natlis Capital, LLC, and certain investors, and the

administration of the Receivership.

9157-204167\552I90


The Heritage Group521 W Witshire Blvd.. Suite 200

Oklahoma City, OK 73116405-753-9100

Customer

Name

Address

CityPhone

LifeTime Receiver

P. O. Box 16338

Oklahoma Cily405-753-9100

Qty

Slate OK ZIP 73113

1.60 August Time - H. Thomas Moran II, Receiver2.10 August Time - Erin Maxwell4.80 August Time • Melissa Kave2.10 August Time - Michelle Nashert

Total Fees August 2015

Total Expenses Incurred August 2015

Payment Select One...

Comments

Name

CC#

Expires

Thank You

EXHBT

Invoice No. LT8/15

Misc

Date

Order No.

RepFOB

INVOICE

8/31/2015

Unit Price TOTAL

S 175.00 $ 280.00

S 95.00 £ 199.50

S 75.00 S 350.00

S 32.00 5 67.20

S 906.70


TOM MORAN LIFETIME TIME SHEET August 2015

DATE ACTIVITY HOURS

8/4/2015 Multiple emails with attorneys reqardlnq settlement aqreemenl. 0,60

8/21/2015 Email from R. Meeker reqardinq fees. 0.10

8/30/2015 Emails from attorneys reqardinq settlements. 0.40

8/31/2015 Reyiew financial data of Receivership. 0.50

Total Hours August 2015 1.60

Hourly^Rate $175.00

TOTAL FOR August 2015 $280.00


Erin Maxwell Lifetime Capital August 2015

DATE ACTIVITY HOURS

8/3/2015

Received notice of filing of motion for summary judgment, reviewed noticeand posted to lifetimereceiver.com. 0,20

8/5/2015

Phone call with guardian for investor 52059 regarding receivership statusand 4th distribution; reviewed file for investor 52059. 0.30

8/10/2015

Requested copies of cleared distribution checks for investor 52059 from

accounting; phone call with investor 52918 regarding status of receivership. 0.20

8/12/2015

Phone call with IRA custodian for investor 55149 regarding rereglstration ofinvestment interest. 0.10

8/14/2015

Voicemail and phone call with relative of investor 53015 regarding status ofreceivership; phone call with investor 53969 regarding current status ofreceivership. 0.20

8/17/2015

Read and replied to email from investor 53976 regarding current status ofreceivership. 0.10

8/26/2015

Read and replied to email from investor 54711.01 regarding current status ofreceivership. 0.10

8/27/2015 Read and replied to follow-up email from investor 54711.01. 0.10

8/26/2015

Received W-9s for Natlis Capital, and William and Joyce Svete, andsubmitted check request to accounting for settlement amounts. 0,40

8/31/2015

Read and replied to email from investor 54953.01.01 regarding currentstatus of receivership and change of address; recorded change of addressfor investor 54953.01.01 and 54953.01.03; sent Natlis settlement checks to

Joe Oehlers via UPS delivery. 0.40

Total hours for August 2015 2.10Hourly Rate $95.00

TOTAL for August 2015 $199.50


MELISSA KAVE LTC TIMESHEET AUGUST 2015

DATE ACTIVITY HOURS

8/3/2015

Verified and updated cash report and reconciled with general ledger.Processed interest income transactions- 0.40

8/4/2015 Verified and updated cash report and reconciled with general ledger, 0.20

8/5/2015 Verified and updated cash report and reconciled with general ledger. 0.20













8/24/2015

Verified and updated cash report and reconciled with general ledger.Received and deposited restitution check. 0.60






Total hours for August 2015 4.80Hourly Rate S75.00

TOTAL for August 2015 $360.00


MICHELLE NASHERT LIFETIME TIMESHEET August 2015

DATE ACTIVITY HOURS

8/3/2015 Reconciliation of bank statements to general ledger. 0.55

8/4/2015 Review numerous emails from attorney and Erin Maxwell. 0.25

8/10/2015 Review emails and statements from attorney. 0.20

8/17/2015 Review email Erin Maxwell re; Nattis Release. 0.20

8/31/2015

Review email Erin Maxwell re: Natlls and Svetes payments, prepare checksfor payments. 0.40

8'31/2015 Prepare financiais for Receiver's review, 0.50

Total hours for August 2015 2.10

Hourly Rale S32.00TOTAL for August 2015 S67.20


Documents

Plaintiff, Sharon L. Qvington · case no. 3:04 cv 0059 united states magistrate judge; sharon l. qvington notice of billing statements forthe receiver. ii. thomas moran and the heritage