UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
May 22, 2009
SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
SECURE INVESTMENT SERVICES, INC., AMERICAN FINANCIAL SERVICES, INC., LYNDON GROUP, INC., DONALD F. NEUHAUS, AND KIMBERLY A. SNOWDEN, DEFENDANTS.
ORDER COMPELLING PAYMENT OF PREMIUM SHARE FROM RICHARD H. KESSENER [SWA-R&G]
Date: May 18, 2009
On this day the Court considered the Receiver's Motion to Compel Payment of Premium Share from Richard H. Kessener [SWA-R&G]. Having carefully considered the Motion and the pleadings and papers on file in this case, the Court is of the opinion, and so finds, that the Motion should be granted. Accordingly,
It is ORDERED that Richard H. Kessener shall, within 10 days of the date of this Order, pay the Receiver $774.49 for his share of the premiums.
It is FURTHER ORDERED that Richard H. Kessener shall pay the Receiver his percentage share of all additional premium obligations within 10 days of the issuance of a written invoice.
It is FURTHER ORDERED that should Richard H. Kessener fail to pay $774.49 for his share of the premiums or his percentage share of any additional premium obligations as they become due, Richard H. Kessener's 1.125% ownership and beneficial interest in the SWA-R&G Policy No. A10164398L will automatically be forfeited to the receivership estate and be replaced by an allowed claim for $10,000.00 in his favor.
It is FURTHER ORDERED that in the event Richard H. Kessener's ownership and beneficial interest is forfeited to the receivership estate, then American General Life Insurance Co. is ORDERED to change its records to reflect and effectuate the transfer.
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