Employers & Cement Masons #90 Health & Welfare Fund et al v. Osterhage Contracting Incorporated et al

Filing 19

ORDER granting 18 Motion Turn Over Assets Based Upon Answer to Third Party Citation by Employers & Cement Masons #90 Health & Welfare Fund, Employers & Cement Masons #90 Pension Fund. Signed by Chief Judge David R. Herndon on 2/16/12. (klh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

EMPLOYERS & CEMENT MASONS #90
HEALTH & WELFARE FUND and
EMPLOYERS & CEMENT MASONS #90
PENSION FUND,
Plaintiffs,
vs.

Case No. 11-cv-521-DRH-SCW

OSTERHAGE CONTRACTING
INCORPORATED and DEBRA
OSTERHAGE, INDIVIDUALLY,
Defendants.

ORDER TO TURN OVER ASSETS
THIS CAUSE coming before the Court on plaintiffs’ Motion to Turn Over
Assets Based Upon the Answer to Third Party Citation following issuance of a
Citation to Discover Assets to Third State Bank of Waterloo, with service having been
effectuated and with State Bank of Waterloo having answered and stating that it is
holding $3,537.99 in one (1) checking account, one (1) savings account, and one (1)
certificate of deposits belonging to the defendant, and the Court being otherwise
advised in the premises, IT IS HEREBY ORDERED as follows:
1.

Plaintiffs’ Motion to Turn Over Assets is ALLOWED and Third Party

State Bank of Waterloo is ordered to turn over to the plaintiffs, the sum of $3,537.99
that is currently held in any and all accounts in the name of OSTERHAGE
CONTRACTING INCORPORATED and DEBRA OSTERHAGE, Individually, including

but not limited to the following: one (1) checking account, one (1) savings account,
and one (1) certificate of deposit, and to remit the sum of $3,537.99 to plaintiffs by
delivery to Plaintiffs’ Counsel.
2.

Third Party Prairie State Bank & Trust is further ordered to release any

further hold on defendant’s accounts after remittance to plaintiffs of the sum of
$3,537.99 from defendant’s accounts.

DATE: February 16, 2012

David R. Herndon
2012.02.16
11:31:04 -06'00'
Chief Judge
United States District Court