Birla Precision Technologies, Ltd. v. ERI America, Inc.

Filing 59

MOTION by Plaintiff Birla Precision Technologies, Ltd. for judgment (Conditional Judgment Against Maria G. Fullone) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Schaefers, Scott)

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(Page 1 of 1) 10:48:11 8479709498 a.m. 316 11-19-2014 DEPOSIT ACCOUNT RESOLUTION (Retail & Private Bank Use Only) THIRD BANK Titi: ?t) -olt ACCOUNT NUMBER ACCOUNT NAME €2 Che‡k One: ' u C O Limited Liability Company (Check the tax classification you elected with the IRS or your default classification, if no election was made.) DDisregarded Entity Ocorporation Q Corporation I Non-Profit Corporation Unincorporated Association i Organization Partnership I Limited LIability Partnership Non-Profit Organization Sole Proprietorship D Partnership that Fifth Third Bank ("Bank) is designated a depository of the Company, with full authority to accept deposits made at any time, by any person, and in any form to the credit of this Company In accounts with Bank, in accordance with the wiitten or verbal instruclions of the person(s) presenting the funds for deposit or of any document accompanying said deposits and subject to the rules and regulations of Bank. RESOLVEDS RESOLVED FURTHER, that Bank is authorized to pay or otherwise honor or apply without inquiry and without regate to the application of the proceeds all checks, drafts, and other orders for the payment, transfer and w4hdrawal of money from any and all accounts maintained by this Company with Bank, including those drawn to the individual order of a signer, when signed, accepted or endorsed by any of the following officers or employees of this Company: FOR ALL BUSINESSES: TITLE PRINTED OR TYPED NAME €ak.(crf' 1)LLUtJ. faMt ()fJ%L t _________________________ rtAp.(,pA RESOLVED FURTHER, that any of the above named officer(s), person(s), member(s). or partner(s) islare hereby authorized on behalf of this Company to (i) execute the necessary documents to conduct, if applicable, wire transfer services, automated cieanng house transactions, electronic data interchange, sweep services. deposit management services, and lockbox services, and (ii) authorize outgoing wire transfer requests and transfer to and from the accounts of this Company using the funds transfer system of the automated clearing house. RESOLVED FURTHER, that a facsimile signature of any or all of the above-named signers shall constitute the signature of said signer, regardless ofby whom or by what means the actual or purported facsimile signature may have been affixed, if such facsimile signature resembles the facsimile specimen(s) (if any) filAd with Rank hy the secretary or other officer of this Company. RESOLVED FURThER, that the Bank is authorized to rely upon the foregoing resoluUon unGI receipt by Bank ofwritten notice ofany change or revocation, FOR CORPORATIONS: The undersigned certifies that they are the Secretary of Lt A(tO.4 tt C (Name of corporation) MU'1 yr 2 I 'I atwhich a quorum was present day of I_ 9 (Company") and at a meeting of the Board of Directors held on the these resolutions were duly adopted. The undersigned certifies that the foregoing is a true copy of the resolutions so adopted; that such resolutions are still in uiil force and effect an unrevoked as of this date; and that such resolutions do not violate any charter or bylaw provnion . of this Company. Au IN WITNESS WH ji I set his/her hand on the day of t4o.4 yr_ ø Secretary iindersigned certify(ies) that (Name of company) (Company') is the name used in the conduct of an unincorporated business and in order to establish a deposit account in the name of the company, the undersigned adopts these resolutions. The undersigned agree(s) to notify Bank promptly in writing should any change of ownership occur, should other persons become interested in said business as partners, should the business become incorporated or should the relationship of the undersigned be altered in any manner. Owner, Partner or Member Revised 05112114 Date (Page 1 o 1) 5/6 11-19-2014 10:49:21 a.m. 84797O948 SIGNA TURE CARD FIPTH THIRD ANI 5/3 BANK (CHICAGO) 7230269420 (HREAPTER flE€EPRED 10 AS BANKI TERMS AND CONDITIONS Nome (Primory Owner) ERI AMERICA INC Account No. Street Address 550 E IL ROUTE 22 Type BUS ADV CKG ” this signature card, il applicable, MUItI( wuw UI OttU Bank I.. .. IVUJIUCII $'L1IflU the Work Phone Employer Taxpayer Identification Number ONEW DREPL 200163524 _ Ownarship* BC No. Opened by 02486 CHARLIE RUBIO CORPORATE - Date 11/19/2014 'Joint accounts shall be owned sa jotnt tanrnjt5 with rights o! survivo,ship, not as tanancy by the entireties PLEASE CHECK THE APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION: D Partnership QjTrust/Estate Proprietor D Individuai/Sole classification (C q Corporation, S = S Corporation. P = Parinershipi DCUC - Enter tax S Corporation D Non Resident Alien ' D Other D Corporation THE UNDERSIGNED AGREES TO THE TERMS AND CONDITIONS AT THE RIGHT. Title 9420 Sig.(s) # Req'd ERI AMERICA INC J Non - US Parson 01 y'tk///(t the Deposit ..... iU) L.. ...... or entity(Ics) Senior Foreign Offlcia1 the Bank. 2. This Agreement incorporates Rules, Regulations, the Disclosures end Agreements, established by Bank from time to timo, clearing house rules and regulations, state and federal laws, recognized banking practices and customs, service charges as may be established from timo to tinte and is subject to laws regulating transfers at death and other taxes. 3. AIl signers horeby agree that the above named bank is authorized to act as e depository under the Yes No D 12 MANE Yes No D of conditions terms and Agreement. the 4. Bank is authorized to recognize the signatures executed hateen In such numbers as ndicoted. for the withdrawal of funds or transactions of any other business regarding this account until written notice to the contrary is received by Bank. 5. FRANK4JI).LOJ. ' X constitute . I 11*., individual(s) named horeon tDepositor) and 07127/1965 647.5509710 Regulations, Rules, Agreements, and Disclosures ot 60047 LAKE ZURICH IL ruuu,i the end Zip and State nome 1 The terms end conditions stated herein, together with resolutions or authorizations which accompany 9420 In the case of overdraft or overpayment on this account, mistake, by error, whether inadvertence or otherwise. the amount of such overdraft or overpaymont shall be immediately paid to the Bank. Depositor acknowledges and agrees that Bank, for Itself and as agent for any affiliate of Fifth Third Bancorp, is granted a security interest in, and, unless otherwise 6. r Yes No Do oo Yes No X Yes No Yes No Do Do X prohibited by law, may, at any time, set off, against any balance in this account, any debt owed to Bank by any person having the right of withdrawal or any debt owed to Bank by any entity listed under the Account Title. A debt includes, but is not limited to, an obligation whether now existing or hereafter acquired by Statement Address owing to 550 EIL ROUTE 22 Bank whenever LAKE ZURICH IL 60047 Payable on Death Beneficiary without regard to whether arising as maker, drawer. endorser, or 1. Are you a Non.U.S. parson with more than $500.000 on deposit or invested with Fifth Third? ''2. Are you a Senior Foreign Official of a government branch, military branch. political party, foreign govorumantowned company. or a close perzonl or professional associate of one of these Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not boon notified by the Internal Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (o) the IRS has notified ma that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. persan. 4. I am exempt from FAT A Reporting. Certification Ins ructions J(ofl'jiust cross out item 2 above -f you have been notified by rr‚ntfr/ftubject to backup withholding because of underreporting are the IRS that 6ur/)7 return. ds interest or vi 00.213 I5,3RtV orn ii payable and guarantor. USA PATRIOT ACT REOUIREMENTS: Sign: Bank, /'UQ Date: tena onginai to ') 0 fl5CK rrocessmy uviu'-ii. 7 Ali signers agree to the Terms and Conditions sat forth hereon and acknowledge receipt of a copy of the Rules and Regulations, Agreements. and Disclosures of Bank and agree to the terms set forth therein. Verification . Internal Uso Otiy: 1.0. (Make Copy & silo) Run Customer In Qualifile Verify Opening Deposit €'I€t Bog CC Hold (If Needed) ‡i)j Verify Phone Numbors________ ¨2Verily Address Thank You Card/Follow Up sial Statement Period Date: 9/1/2017 - 9/30/2017 Account Type: 5/3 BUS PREMIUM CKG Account Number: FIFTH THIRD BANK (CHICAGO) P.O. BOX 630900 CINCINNATI OH 45263-0900 Banking Center: Mundelein Banking Center Phone: 847-970-5010 Business Banking Support: 877-534-2264 ERI AMERICA INC 353 ENTERPRISE PKWY LAKE ZURICH IL 60047-6733 11049 i:' - -: $862.10 Beginning Balance 09/01 Number of Days in Period 30 Checks Withdrawals / Debits Deposits / Credits 2 09/30 $(222.14) $80.85 Ending Balance 1 $720.81 Analysis Period: 08/01/17 - 08/31/17 $25.00 Standard Monthly Service Charge Standard Monthly Service Charge Waived (see below) $0.00 $0.14 BANKING CENTER CASH ORDERS $10.00 MISCELLANEOUS $18.00 NEGATIVE COLLECTED $30.00 INFO REPORTING $42.50 INTERNATIONAL $46.50 WIRE INCOMING STRUCTURED $50.00 ELECTRONIC DEPOSIT4 $222.14 Service Charge withdrawn on 09/13/17 4Charges for Electronic Deposit Manager (EDM) Include the EDN Monthly Service Fee. deposited In the last 2-5 days. Negative collected balance occurs when you draw upon those funds 9Collected balance is the cash balance minus checks drawn on other banks before the deposited checks are cleared. Standard Monthly Service Charge waived if: Current Relationship Overview: Your business maintains a total monthly average Balance Criteria Met? balance of $10,000 across its business checking, savings, and certificate of Total Combined Monthly Average Balance of credit. OR your business spends at least $500 per month on Business Loan or Line of Credit? No Other Criteria Met? No $500 Business Credit Card Spend? its business credit card AND your business has Merchant Services? Merchant Services. No Yes i item totaling $222.14 Withdrawals / Debits Date Amount 09/13 222.14 I $5,684.41 deposit accounts. OR your business has a business loan or line Deposits No Description SERVICE CHARGE 2 items totaling $80.85 Credits Date Amount 09/01 09/06 45.86 34.99 Description VISNMC DEP 4445011703827 ERI AMERICA ERI AMERICA 090117 BLACKI-IAWK INDUST PAYMENT 109442 ERI AMERICA 090617 For additional information and account disclosures. please visit Page 1 of 2

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