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Roy M. Terry, Jr. Esq. and the law firm of DurretteBradshaw PLC, Receiver
Notice to File Claims
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
Charlottesville Division
SECURITIES AND EXCHANGE COMMISSION, )
)
Plaintiff, )
)
v. ) CASE NO. 3:01CV00116
)
TERRY L. DOWDELL, both individually and ) Norman K. Moon
d/b/a “T.L. Dowdell & Associates,” ) U.S. District Judge
BIRGIT MECHLENBURG, )
KENNETH G. MASON, )
DOWDELL DUTCHER & ASSOCIATES, INC., )
VAVASSEUR CORPORATION, )
EMERGED MARKET SECURITIES, DE-LLC, )
and DANIEL DEROUARD, )
)
Defendants, )
)
MARY DOWDELL, MARCIA DOWDELL, ) Claims Bar Date: December 1, 2006
REBECCA DOWDELL, ADAM DOWDELL, ) 5:00 p.m. Eastern Standard Time
WENDY DOWDELL, DAVID DOWDELL, )
TERRY DOWDELL, JR., NONA PIERCE, )
CYNTHIA PIERCE, STEPHEN PIERCE, )
WILLOWOOD DESIGN CORPORATION, )
and AUTHORIZED AUTO SERVICE, INC. )
)
Relief Defendants. )
______________________________________________)
NOTICE TO FILE CLAIMS
PLEASE TAKE NOTICE that on November 19, 2001, the United States Securities and Exchange Commission filed a Complaint against the “Defendants” and “Relief Defendants” named hereinabove, thereby initiating a civil action against Terry L. Dowdell et al. Subsequently, the United States District Court for the Western District of Virginia, Charlottesville Division (“District Court”) appointed Roy M. Terry, Jr. and the law firm of DurretteBradshaw PLC as Receiver (“Receiver”) over defendants Terry L. Dowdell, Dowdell, Dutcher and Associates, Inc., Emerged Markets Securities, DE-LLC, Vavasseur Corporation and affiliated entities, and also over relief defendant Authorized Auto Service, Inc., and directed the Receiver to collect and to preserve all of their assets (“Receivership Property”). On September 19, 2006, the District Court entered an Order Setting Claims Bar Date (“Order”) by which the District Court has set December 1, 2006, at 5:00 p.m., prevailing Eastern Standard Time (“Claims Bar Date”) as the last date and time for the filing of claims against Receivership Property. The Claims Bar Date is enforceable notwithstanding any otherwise applicable law that could govern the timing of the assertion of a Proof of Claim form (defined hereinafter) against Receivership Property. The Claims Bar Date is the bar date after which any investor, party in interest or potential Claimant shall be estopped from forever asserting claims against the Receivership Property.
TO RECEIVE FUNDS FROM THE RECEIVERSHIP PROPERTY, ANY INVESTOR, CREDITOR OR OTHER PARTY IN INTEREST ASSERTING A CLAIM (“CLAIMANT”) AGAINST RECEIVERSHIP PROPERTY MUST FILE A PROOF OF CLAIM FORM PURSUANT TO THE INSTRUCTIONS CONTAINED IN THIS NOTICE ON OR BEFORE THE CLAIMS BAR DATE.
Proof of Claim forms must be actually received by no later than 5:00 p.m., prevailing Eastern Standard Time, on December 1, 2006, by Roy M. Terry, Jr. and the law firm of DurretteBradshaw PLC, Receiver at one of the following addresses:
Mailing Address Address for Overnight Delivery
Post Office Box 2187 Main Street Centre, 20th Floor
Richmond, Virginia 23218 600 East Main Street
USA Richmond, Virginia 23219
USA
Each Proof of Claim form must be complete, signed under penalty of perjury, and must include appropriate documentary evidence in support thereof. An original Proof of Claim form is required; fax and electronic copies will not be accepted. Proof of Claim forms must be completed in English and stated in lawful currency of the United States (to the extent known and determinable). To receive an acknowledgement of the filing of a Proof of Claim form, enclose a stamped, self-addressed envelope or post card with your Proof of Claim form.
Proof of Claim forms may be obtained from the Receiver’s Web-site located at www.dowdell-receivership.com, or by contacting the Receiver’s office, Attn: Julie Long, at DurretteBradshaw PLC, Post Office Box 2187, Richmond, Virginia, 23218, phone (804) 775-6900 or email: jlong@durrettebradshaw.com, and requesting same. Responses to Frequently Asked Questions will be posted on the Receiver’s Web-site.
Unless otherwise specifically ordered by this Court, any Claimant who receives this Notice to File Claims by mail, email, or publication, or who receives any other form of actual notice, and who fails to timely file a Proof of Claim form in compliance with the procedures and deadline established by this Court (i) will be forever barred from participating in Receivership Property and receiving distributions from the Receiver, and (ii) will no longer be entitled to receive further mailings or notices regarding this case.
All Claimants have an affirmative duty to review this Notice and, if necessary, to file a Proof of Claim form. Claimants who fail to file a Proof of Claim form on or before the Claims Bar Date, or who otherwise fail to meet the requirements for filing a Proof of Claim form, may not claim reliance on their agents and/or attorneys to meet the proposed deadline or to satisfy any other obligations required of Claimants.
Roy M. Terry, Jr., VSB No. 17764
Douglas Scott, VSB No. 28211
DurretteBradshaw, P.C.
600 E. Main St., 20th Floor
Richmond, Virginia 23219
804.775.6900 (telephone)
