USA v. Ernish

Filing 10

ORDER GRANTING: 9 Ex Parte MOTION for Judgment Debtor Exam filed by USA. Judgment Debtor Exam set for 11/3/2014 09:30 AM. Signed by Judge Maria-Elena James on 9/8/2014. (cdnS, COURT STAFF) (Filed on 9/8/2014)

AT-1 38, EJ-125
FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

- MICHAEL COSENTINO SBN 83253
ATTORNEY AT LAW
P.O. BOX 129

ALAMEDA, CA 94501
TELEPHONE NO.: 510-523-4702
FAX NO.: 510-747-1640
ATTORNEY FOR(Name): UNITED STATES OF AMERICA
NAME OF COURT: UNITED STATES DISTRICT COURT
STREET ADDRESS: 450 GOLDEN GATE AVENUE, 15th Floor
MAILING ADDRESS:

SAN FRANCISCO, CA 94102
NORTHERN DISTRICT OF CALIFORNIA
PLAINTIFF: UNITED STATES OF AMERICA

CITY AND ZIP CODE:
BRANCH NAME:

DEFENDANT:

ANNMARlE ERNlSH

APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION

CASE NUMBER:

0

ENFORCEMENT OF JUDGMENT
ATTACHMENT (Third Person)
Judgment Debtor
Third Person

C06-921 M

0

ORDER TO APPEAR FOR EXAMINATION
1. TO (name): ANNMARIE ERNISH
2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a.
furnish information to aid in enforcement of a money judgment against you.
b.
answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the
judgment debtor.
c.
answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant
that is subject to attachment.

0

Date: November 3,2014
Time: 9:30 a.m.
Address of court
shown above
is:

Dept. or Div.:

Rm.:

Courtroom B

0

3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):

YOU ARE ORDERED TO BRING A COPY OF EACH DOCUMENT IDENTIFIED IN THE ATTACHED LIST
Date:

September 8, 2014
JUDGE OR REFEREE

MARIA-ELENA JAMES, MAGISTRATE JUDGE
This order must be served not less than 10 days before the date set for the examination.

IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4.

1

0

Judgment creditor
Assignee of record
Plaintiff who has a right to attach order
applies for an order requiring (name): ANNMARIE ERNISH
to appear and furnish information
to aid in enforcement of the money judgment or to answer concerning property or debt, and to bring a copy of each
document identified in the attached list.
5. The person to be examined is
the judgment debtor
a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civil
Procedure section 491.1 10 or 708.120 is attached.
6. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
7.
This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.
8.
The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination
is attached.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: September 5, 2014
- -

0

0
0

-

,
,
'

MICHAEL COSENTINO
(TYPE OR PRINT NAME)

Form Adopted for Mandatory Use
Judicial Council of California
AT-138. EJ-125 [Rev. July 1, 20001

(Continued on reverse)

APPLICATION AND ORDER
FOR APPEARANCE AND EXAMINATION
(Attachment - Enforcement of Judgment)

(SIGNATURE OF DECLARANT)

SoP~ l
u ta s
1
1

a&

Code of Civil Procedure
gg491.110, 708.110, 708.120

APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified i n this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.

APPEARANCE OF A THIRD PERSON
(ENFORCEMENT OF JUDGMENT)
( NOTICE TO PERSON SERVED If you fail to appear at the time and place specified i n this order,
I
)
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor i n this
proceeding.

(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered i n this
action claims that the person to be examined pursuant to this order has possession or control of
property which is yours or owes you a debt. This property or debt is as follows (Describe the
property o r debt using typewritten capital letters):

If you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and have a copy personally
served on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim of exemption
or your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.
?

APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
It is your duty to designate one or more of the following t o appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.

AT-138. EJ-125 [Rev. July 1, 2 0 1
00

APPLICATION AND ORDER
FOR APPEARANCE AND EXAMINATION
(Attachment

- Enforcement of Judgment)

Page two

LIST OF ITEMS TO BRING TO DEBTOR'S EXAM

Earnings statements (pay stubs) from your and your spouse's most recent paychecks.
Business records for the present year to date and past year which reflect assets, liabilities,
gross receipts and expenses for any sole proprietorship, partnership or corporation in
which you or your spouse own any interest.
Business bank or account statements for the past 12 months from all banks or other
financial institutions, where any sole proprietorship, partnership, or corporation in which
you or your spouse own any interest, or have an account of any kind.
Personal bank or account statements for the past twelve (12) months from all banks, or
other institutions, where you or your spouse have an account of any kind.
All trust agreements in which you or your spouse are named trustor, trustee or beneficiary.
All deeds, leases, contracts, and other documents representing any past or present
ownership interest you or your spouse have or had in any real property, and all deeds of
trust, mortgages, or other documents evidencing encumbrances of any kind on those real
properties, since the entry of the judgment against you in this matter.
All stocks, bonds, or other securities of any class you or your spouse may own, separately
or jointly with others, including options to purchase any securities.
Titles to all motor vehicles or vessels owned by you or your spouse; for each vehicle or
vessel provide an account statement for each outstanding loan.
All life insurance policies in which you or your spouse are either the insured or the
beneficiary.
All promissory notes held by you or your spouse, and all other documents
evidencing any money owed to you or your spouse either now or in the future.
All financial statements furnished by you or your spouse within the past five (5) years.
All deeds, bills of sale, or other documents prepared in connection with any transfer made
by you or your spouse, whether by gift, sale, or otherwise within the last ten (10) years.
A list of all regular expenses paid by you or your spouse, such as installment debts, food,
utilities, etc. Include the amount paid, the payee, and, if an installment debt, the amount of
debt owing and any security pledged.
All documents evidencing any interest you or your spouse have in any pension plan,
retirement fund, profit-sharing plan or stock option plan.

LIST O F ITEMS TO BRING TO DEBTOR'S EXAM
page 2 Of 2

15.

All other records pertaining to your or your spouse's assets and finances.

16.

Copies of you or your spouse's income tax returns for the past three (3) years.

17.

All records of any unincorporated business of which you or your spouse is an owner or
part-owner, or have been an owner within the past five (5) years.

18.

Statements for the last five (5) year's of transactions regarding any on-line commerce,
including Ebay, Amazon and Pay Pal accounts.

In the following matters, identify means the name, address, telephone number and amount:
19.

Identify [by listing] all accounts receivable by you or your spouse.

20.

ldentify [by listing] each transaction from which you or your spouse anticipate receiving any
funds whatsoever within the next 18 months; include real property listing agreements,
consulting agreements, services agreements, contract of sale agreements and client fee
agreements.

ORDER TO APPEAR FOR EXAMINATION
(Attachment - Enforcement of Judgment)