Bleyenberg v. D&N Masonry, Inc. et al

Filing 81

ORDER: Garnishee Howard Immel to answer the following questions and file its anwer with the Clerk of Courts, forthwith; Clerk to serve this order by certified mail to Howard Immel c/o Natl. Corp. Research, Cleveland OH 44121 and Howard Immel attn: Lauren Hintz, Green Bay, WI 54302. Signed by Magistrate Judge Mark R. Abel on 5/31/13. (sh1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

JIM BLEYENBERG,
*
Case No. 2:12‐cv‐777

Plaintiff,
*
Judge Smith

v.
*
Magistrate Judge Abel

D&N MASONRY, INC., ET AL.,
*
ORDER

Defendants.
*

The Court entered an order of pre‐judgment attachment on May 3, 2013 ordering
“that no monies be paid to D&N Masonry, Inc. by Howard Immel, Inc. until $32,557.00 has
been paid to the Clerk of Court.” (Doc. 56, pp. 2‐3.) Specifically, the Court ordered “that as
monies become due and owing by Howard Immel, Inc. to D&N Masonry, Inc., the monies
should be attached and paid to the Clerk of Court for the Southern District of Ohio.” (Id., p.
2.) The docket reflects service upon the Garnishee Howard Immel, Inc. was perfected at
three different locations. (Docs. 61, 68.) No objection was filed, and Howard Immel, Inc.
has not filed an answer or paid any funds to the Clerk of Court. As such, under Ohio Rev.
Code § 2715.29, it is hereby ORDERED that Garnishee Howard Immel, Inc. answer the
following questions and file its answer and any funds due and owing with the Clerk of
Court, forthwith. The Clerk shall serve this order by certified mail as follows:
Howard Immel, Inc.,

c/o Natl. Corp. Research, Ltd., S.A.
4568 Mayfield Rd., Ste. 204,
Cleveland, OH 44121

IT IS SO ORDERED.

s/Mark R. Abel

United States Magistrate Judge

Howard Immel, Inc.
Attn: Lauren Hintz
1820 Radisson Street
Green Bay, WI 54302

ANSWER OF GARNISHEE HOWARD IMMEL, INC.

Now comes Garnishee Howard Immel, Inc., the Garnishee, who says:

1.

Regardless of whether or not currently due and owing, that the Garnishee

has money, property, or credits, other than D&N Masonry, Inc.’s personal earnings, under
the Garnishee’s control and in the Garnishee’s possession.

_______ YES

_______ NO

2.

If YES, then Amount: ________________________________________________________

That property is described as: _____________________________________________________

________________________________________________________________________________________________________.

3.

If the answer to Item 1 is “YES” and the amount is less than $32,557.00, sign

and return this form and pay the amount of line 1 to the Clerk of Court.

4.

If the answer to Item 1 is “YES” and the amount is greater than $32,557.00,

sign and return this form and pay only $32,557.00 to the Clerk of Court.

5.

If the answer to Item 1 is “YES” but the money, property, or credits are of

such a nature that they cannot be delivered to the Clerk of Court, e.g., not yet due and
owing, indicate by placing an X here _______. Do not dispose of that money, property, or
credits or give them to anyone else until further order of the Court.

6.

If the answer to Item 1 is “NO,” sign and return this form to the Clerk of

Court.
FOR HOWARD IMMEL, INC.:
______________________________________
Signature

______________________________________
Name

______________________________________
Date

______________________________________
Title
2