BMO Harris Bank NA v. RAD Transportation LLC et al

Filing 61

ORDER ON WRITS OF GARNISHMENTS. Signed by Judge D. P. Marshall Jr. on 9/6/2018. (jak)

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BMO HARRIS BANK N.A.

PLAINTIFF/
CROSS-CLAIMANT
No. 3:16-cv-272-DPM

R.A.D. TRANSPORTATION LLC and
CHARLES S. BRIGHT

DEFENDANTS

INTERVENOR/
CROSS-DEFENDANT

KARLA BRIGHT

TOMMY W. WAGNER FARMS LLC and
TOMMYW. WAGNER

GARNISHEES

ORDER ON WRITS OF GARNISHMENTS
Witnesseth That;
Whereas, this matter is before the Court on the Court's Writs of Garnishment
issued on behalf ofPlaintiffBMO Harris Bank N.A., Intervenor Karla Bright's Objection
to Garnishment, Garnishees Tommy W. Wagner Farms, LLC and Tommy W. Wagner,
Jr.'s Answers to Plaintiffs garnishment Allegations and Interrogatories and Plaintiff
BMO Harris Bank N.A.'s Cross-Claim against Karla Bright.
Now Therefore, based on the parties' joint stipulation and consent to the entry of
this order and being fully advised under the circumstances, the Court hereby enters the
following findings of fact, to-wit:
1. A certain Contract of Sale dated October 7, 2015, was entered into among
Charles Bright and Karla Bright, as the sellers, and Tommy W. Wagner and Tommy W.
Wagner Farms, LLC, as the buyers, pertaining to the sale and purchase of certain real
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property located in Mississippi County, Arkansas, for a total sale price of $1,800,000 and
originally payable by buyers to sellers in equal and consecutive monthly installments of
$10,000 over thirty years (the "Contract of Sale").
2. On May 4, 2017, the Court entered Judgment in favor of Plaintiff BMO Harris
Bank N.A. and against Defendant Charles S. Bright in the total sum of $394,874.90 plus
interest at the rate of 1.06% per annum until satisfied.
3. On March 20, 2018, upon application by Plaintiff, the Court issued its Writ of
Garnishment to Garnishee Tommy W. Wagner Farms, LLC and its Writ of Garnishment
to Garnishee Tommy W. Wagner directed to the garnishment of the indebtedness
described below payable by Garnishees to Defendant Charles S. Bright, which writs of
garnishment were truly and duly served on Garnishees on April 4, 2018.
5. In March 2017, the Contract of Sale was satisfied and cancelled by the oral
agreement of the parties thereto and contemporaneously herewith superseded and
replaced by said parties' written agreement whereby Garnishees agreed to pay to Charles
Bright and Karla Bright the remaining sum $657,612.79 plus interest thereon at the rate
of 5% per annum (the "Agreed Balance") in fixed, certain, equal and consecutive
monthly installments of $3,850 on the first day of each calendar month commencing
September 1, 20 18, and continuing thereafter until paid in full, provided that Garnishees
retain the right to pre-pay all or any portion of said principal and interest, without
penalty. The aforesaid payment obligations are valid and enforceable.

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Accordingly, by consent between the parties, the court enters the following order
on the Court's March 20, 2018, Writs of Garnishment, Intervenor Karla Bright's
Objection to Garnishment, Garnishees Tommy W. Wagner Farms, LLC and Tommy W.
Wagner, Jr.'s Answers to Plaintiffs garnishment Allegations and Interrogatories and
PlaintiffBMO Harris Bank N.A. 's Cross-Claim against Karla Bright, to-wit:
1.

Regardless of any of Karla Bright's rights of survivorship, Plaintiff BMO

Harris Bank N .A. is hereby awarded a continuing garnishment against and shall be
entitled to receive as its sole and absolute property one-half (50%) of any and all amounts
of the aforesaid Agreed Balance which are payable or paid by Garnishees until such
payments shall have fully satisfied all amounts of principal and interest due on the
aforesaid May 4, 2017, Judgment;
2. Commencing September 1, 2018, Garnishees Tommy W. Wagner Farms, LLC
and Tommy W. Wagner shall pay directly to Plaintiff BMO Harris Bank N.A. one-half
(50%) of the amounts of any and all installment payments, prepayments, partial payments
and other payments of the aforesaid Agreed Balance which are payable or paid by
Garnishees until such payments shall have satisfied in full all amounts of principal and
interest due on the aforesaid May 4, 2017, Judgment; Provided, however, that the
aforesaid payments to BMO Harris Bank shall not, in any instance or for any reason, be
less than the sum of $1,925 per month and all said payments shall be paid by Garnishees
to BMO Harris Bank on the first day of each calendar month commencing September 1,
2018 (but shall not be considered past due until the tenth day of each month).

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3. The garnishment proceeds of $15,400 now held in the registry of this Court on
account of this case shall be paid and distributed as follows: $7,700.00 shall be paid to
"BMO Harris Bank N.A." and $7,700.00 shall be paid to "Karla Bright."
4. Except as otherwise set forth herein, each of the parties shall pay all of their
own costs and attorney fees incurred in connection with these garnishment proceedings.
5. This order resolves all pending garnishment matters between the parties.

Law Offices of
Thomas G. Berndsen, PC
By: Is/ Thomas G. Berndsen
Thomas G. Berndsen, M0#32726
1650 Des Peres Road, Suite 135
St. Louis, Missouri 63131-1899
[phone]
[phone] (Facsimile)
[e-mail]
Attorneys for Plaintiff Pro Hac Vice
GLENN LOVETT, JR. PC
By: Is/ Glen Lovett, Jr.
Glenn Lovett, Jr., #78099
256 Southwest Drive
Jonesboro, AR 72403-1575
870.336.1900
870.336.1902 (facsimile)
[e-mail]
Attorneys for Karla Bright

LAW OFFICES OF JAMES W. HARRIS
By: Is/ James W Harris
James W. Harris (98025)
P.O. Box. 185
Blytheville, AR 72316
[phone]
jwharris@prodegy .net
Attorneys for Charles Bright

REID, BURGE, PREYALLET &
COLEMAN
By: Is/Robert L. Coleman
Robert L. Coleman, No. 80031
P.O. Box 107-417 N. Broadway St.
Blytheville, AR 72316-0107
Tel:
[phone]
Fax:
[phone]
E-Mail:
rbpc®sbcg1obal.net
Attorneys for Garnishees

So Ordered.

D.P. Marshall Jr.
United States District Judge
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, 2018