USA v. Santos

Filing 17

STIPULATION AND ORDER OF CONTINUING GARNISHMENT. Signed by Magistrate Judge Laurel Beeler on 2/13/2013. (ls, COURT STAFF) (Filed on 2/13/2013)

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MICHAEL COSENTINO, State Bar No. 83253 Attorney at Law P.O. Box 129 Alameda, CA 94501 Telephone: (510) 523-4702 Facsimile: (510) 747-1640 Attorney for Plaintiff United States of America IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, NO. 96-4459M Plaintiff, v. STIPULATED ORDER OF CONTINUING GARNISHMENT Eloise Santos aka Eloise S. Santos aka Eloise S. Mercurio, Defendant, 1 l8 19 and MY Transportation, Inc., Garnishee. 1 20 IT IS HEREBY STIPULATED by and between Judgment Creditor, United States of 21 22 23 24 25 26 27 28 Y 1 I1 I1 1 I I1 I America, and Judgment Debtor, Eloise Santos aka Eloise S. Santos aka Eloise S. Mercurio, thatgarnishee, MVTransportation, lnc., withhold $150.00each month from Judgment Debtor's non-exempt disposable income, commencing with the January. 201 3, pay period, until the entire current judgment principal, last compounded on February 01, 2013, in the amount of $7,524.23, (original judgment in the amount of $3,368.16 entered February 24, 1997) plus interest compounded annually pursuant to 11 USC ยง1961(b) at the rate of 5.640 % perannum on said current judgment principal, for total interest through and including February 01,2013, STIPULATED GARNISHMENT ORDER, US v. Santos , CAND # 96-4459M 1 in the amount of $397.80, for a total due of principal, interest, costs and attorney fees as of February 01, 2013, in the amount of $7,962.03, has been paid in full or until the garnishee no longer has custody, possession or control of any property belonging to the debtor or until further Order of this court. IT IS HEREBY FURTHER STIPULATED that MV Transportation, Inc., Garnishee, immediately remit to the United States Department of Justice the above mentioned payments as and for the month of January 2013, and as and for each month thereafter. IT IS HEREBY FURTHER STIPULATED that said payments be made payable to the U.S. Department of Justice, and be mailed to the Department of Justice-NCIF, P.O. Box 790363, St. Louis, MO 63179-0363, referencing the judgment debtor's name and CDCS Claim number 1996A82513 on each check for posting purposes. IT IS HEREBY FURTHER STIPULATED that judgment debtor, upon request by mail from judgment creditor to judgment debtor, shall submit a financial statement to judgment creditor annually, the form of which shall be mailed to judgment debtor by judgment creditor. IT IS HEREBY FURTHER STIPULATED that in accordance with the provisions of Title 28 U.S.C. Section 636(c) the parties hereby voluntarily waive their rights to proceed before a judge of the United States District Court and consent to have a United States magistrate judge conduct any and all further proceedings in the case. It is understood that any appeal from an order entered by a magistrate judge will be taken directly to the Ninth Circuit of the United States Court of Appeals in the same manner as an appeal from any other judgment of a District Court. By her signature hereafter, Eloise Santos aka Eloise S. Santos aka Eloise S. Mercurio acknowledges that she has read, understands and waives all of her rights underthe CLERK'S NOTICE OF POST-JUDGMENT GARNISHMENT AND INSTRUCTIONS TO DEFENDANT; REQUEST FOR HEARING FORM; OBJECTION TO GARNISHEE'S ANSWER AND REQUEST FOR HEARING FORM; NOTICE ON HOW TO CLAIM EXEMPTION; CLAIM FOR EXEMPTION FORM and the WRlT OF CONTINUING GARNISHMENT and the APPLICATION FOR WRlT OF CONTINUING GARNISHMENT in exchange for the herein STIPULATED GARNISHMENT ORDER, US v. Santos , CAND # 96-4459M *1 payment stipulation. Dated: February 01, 201 3 Michael Cosentino, Counsel for United States Dated: February 01,2013 aka Eloise S. Mercuri IT IS SO ORDERED. Dated:February 13, 2013 UNITED STATES MAGISTRATE JUDGE

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