Free Motion for Order - District Court of Colorado - Colorado

Case 1:01-cv-00645-JLK

Document 147-2

Filed 11/22/2006

Page 1 of 6 CLAIM NO. 12345

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CASE NO. 01-CV-645-JLK SECURITIES AND EXCHANGE COMMISSION Plaintiff, v. KENNETH ROY WEARE a/k/a ROY WEAVER, J&K GLOBAL MARKETING CORPORATION, and AAA-AUCTION.COM, INC., Defendants. PROOF OF CLAIM FORM YOU MUST COMPLETE AND FILE THIS CLAIM FORM ON OR BEFORE MIDNIGHT MOUNTAIN STANDARD TIME (0700 UTC GMT) _______ __, 2007, IN ORDER TO SHARE IN THE DISTRIBUTION OF ASSETS FROM THE RECEIVERSHIP ESTATE, EVEN IF YOU PREVIOUSLY SUBMITTED A CLAIM OR OTHER INFORMATION TO THE RECEIVER To be eligible to share in any distribution from the Receivership Estate, you must submit to the Receiver this Proof of Claim Form. The Receiver requests that you submit your Proof of Claim Form electronically at the Receiver's website, as this will ensure a complete and accurate recording of your claim by the Receiver, as well as its timely receipt. Although not recommended by the Receiver, you may mail your Proof of Claim Form to the following address: Patten, MacPhee & Associates, Inc., Receiver PO Box 18309 Denver, Colorado 80218 United States of America Or a scanned copy of the Proof of Claim Form can be submitted via email at: [email protected] If you choose to submit your Proof of Claim Form by mail, the Receiver recommends that you send it via Certified Mail, Return Receipt Requested, and that you retain a photocopy of your completed Proof of Claim Form. This is the only way you will be protected in the event your Exhibit A

Case 1:01-cv-00645-JLK

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Proof of Claim Form is lost in the mail. If submitted via postal mail or email, this Proof of Claim Form MUST BE TYPED OR PRINTED. Before completing and submitting this Proof of Claim Form, you should read and be familiar with the accompanying Claims Bar Date Notice (the "Notice"), including the matters and terms defined in the Notice. By submitting this Proof of Claim Form, you acknowledge that you have read the Notice and are bound by its terms and conditions. If your Proof of Claim Form is not received by the Receiver on or before midnight Mountain Standard Time (0700 UTC GMT) on _________ __, 2007 (the "Claims Bar Date"), it will be disallowed and you will be precluded from participating in any distribution from the Receivership Estate. POTENTIALLY ELIGIBLE CLAIMANTS MUST ANSWER FULLY ALL PARTS OF THIS FORM IN THE ENGLISH LANGUAGE, WITH AMOUNTS IN U.S. DOLLARS

PART I: IDENTITY OF CLAIMANT
Check one of the following:

Initial Proof of Claim Form

Replaces Proof of Claim form number __________ (Proof of Claim Form number is on upper right hand corner of first page of the Proof of Claim Form)

Name and Address of Claimant: Name(s)_______________________________________________________________________ Address ______________________________________________________________________ City ______________________________ State/Province____________ Postal Code _______

Daytime Phone (____) ________________ Evening Phone (____) _______________________ E-mail ________________________________________________________________________ YOU MUST NOTIFY THE RECEIVER VIA EMAIL OR POSTAL MAIL IF THERE IS A CHANGE TO THE ADDRESS AND/OR ANY OF THE TELEPHONE NUMBERS OR E-MAIL LISTED ABOVE

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Case 1:01-cv-00645-JLK

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Claimant's Status (check one): Corporation Executor Individual Partnership Trustee Estate Limited Liability Company Trust Other __________________

Claimant's Taxpayer Identification Number Social Security Number or Tax ID Number: __________________________________________ Name and address of person to be contacted regarding this Claim: Check here if name and address are the same as the Name and Address of Claimant (you may proceed to the next question if checked) Name(s)_______________________________________________________________________ Address ______________________________________________________________________ City ______________________________ State/Province____________ Postal Code _______

Daytime Phone (____) ________________ Evening Phone (____) _______________________ E-mail ________________________________________________________________________

YOU MUST NOTIFY THE RECEIVER VIA EMAIL OR POSTAL MAIL IF THERE IS A CHANGE TO THE ADDRESS AND/OR ANY OF THE TELEPHONE NUMBERS OR E-MAIL LISTED ABOVE (remainder of page intentionally left blank)

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Has your name, address, or any other contact information changed during the course of your relationship with Mr. Kenneth Roy Weare a/k/a Roy Weaver, J&K Global Marketing Corporation, and AAA-Auction.com, Inc? Yes No

If yes, please describe all previous contact information in the following section: First Name Last Name Previous Address Previous City Previous Previous Other State/Province Postal Code Information

PART II: CLAIM INFORMATION
Name of Claimant: (automatically input claimant name from previous) Check here to indicate that you are consolidating multiple Potentially Eligible Claimants that either you have control or are related to you. If checked, please complete as much of the following information as possible and have each identified person complete a separate Consent to Consolidation Form, which can be obtained from the Receiver's website: Name of Person or Entity Six-digit ID Number Assigned by J&K Global (if known) Tax Payer ID Number PMA Number (if known) Relationship to Potentially Eligible Claimant

Definition of Claim: "Claim" shall be broadly defined to include any right to payment, whether or not such right is reduced to judgment, is liquidated or unliquidated, is fixed or contingent, is matured or unmatured, is disputed or undisputed, is legal or equitable, or is secured or unsecured, existing as of April 11, 2001. The term "Claim" also includes any right to an equitable remedy for a breach of performance which gives rise to a right to payment, whether or not such right is reduced to judgment, is fixed or contingent, is matured or unmatured, is disputed or undisputed, Page 4 of 6

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or is secured or unsecured. On November _________, 2006, the Court ordered that a "Claim" will be allowed only in the amount of the Unpaid Principal Balance, which is defined as the principal amount of an investment in J&K Global Marketing Corporation or AAA-Auction.com, Inc., net of any return on, or of, the investment received by an Eligible Claimant. Therefore, Claims for any interest or return on any investment, or any investment principal previously returned to an Eligible Claimant, will not be allowed. To the extent possible, please identify each deposit and withdrawal made, in U.S. Dollars, along with the date of such deposit or withdrawal. If dates are unknown, leave the date blank. Specifically identifying each investment or withdrawal will assist the Receiver in validating your claimed amount. Also, if known or applicable, please provide the six-digit identification number assigned to you at the time of your investment. If you only know the total amount invested, please provide that number. If the transaction amount reported relates to a Potentially Eligible Claimant that is being consolidated, please indicate so by selecting "Yes") in the "Consolidated Claim?" column. Amounts Claimed:
Date of Deposit or Withdrawal Amount of Deposit or Withdrawal Deposit? Withdrawal? Six-digit ID Number Associated with Deposit or Withdrawal (if known) Consolidated Claim?

Set range / limits

Set range/limits

Either

Or

Yes/No

Claimant's Relationship to the Defendants with regard to this Claim: Investor Vendor Other _______________________

If known, please provide the identification number assigned to you by the Receiver. This identification number begins with the letters, "PMA". PMA-_________________ Page 5 of 6

Case 1:01-cv-00645-JLK

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Filed 11/22/2006

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Supporting Documentation: At this time, please DO NOT SEND supporting documentation for your claim to the Receiver. If necessary, the Receiver will request such documentation in those instances where it cannot validate the amount claimed. If you have any additional information that may be useful to the Receiver regarding this Claim, including information on the aggregation of multiple claims, please provide it here (attach additional pages if necessary): ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

PART III: SIGNATURE AND DATE
The undersigned declares under penalty of perjury, in accordance with the laws of the United States of America, that the information submitted on this Proof of Claim Form is true and correct. Check here to acknowledge your agreement with the preceding statement.

Dated this _____ day of ___________, 200_. Type the name and title, if any, of the Claimant, or other person authorized to file this Proof of Claim Form.

_____________________________________ Name/Title (printed) If you are consolidating multiple Potentially Eligible Claimants, each person or entity being consolidated must complete a separate Consent to Consolidation Form, which is posted at the Receiver's website: www.jkglobalreceivership.com. The form may also be obtained by mailing a written request to the Receiver at its postal address, by faxing a request to (866) 321-3707, by leaving a voicemail at (866) 321-3707, or by sending an email request to the Receiver at [email protected]. Otherwise, all or part of your claim may be disallowed. Page 6 of 6