Iron Workers District Council of Southern Ohio & Vicinity Benefit Trust, Pension Trust & Annuity Trust v. D-Mac Rebar, LLC

Filing 26

ORDER re 24 , 25 - ORDER AND NOTICE OF GARNISHMENT - You are therefore ordered to complete the "ANSWER OF GARNISHEE" in section (B) of this form. Return one completed and signed copy of this form to the clerk of this court together w ith the amount determined in accordance with the "ANSWER OF GARNISHEE" by the following date on which a hearing is tentatively scheduled relative to this order of garnishment: January 22, 2014. Deliver one completed and signed copy of this form to the judgment debtors prior to that date. Keep the other completed and signed copy of this form for your files. To: Robertson Construction 1801 Thornwood Dr. Heath, OH 43056., and To: Telamon Construction, Inc. 5505 Milan Rd. P.O. Box 418 Sandusky, OH 44871. Signed by Magistrate Judge Michael R Merz on 01/03/14. (pb1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

IRON WORKERS DISTRICT COUNCIL
OF SOUTHERN OHIO & VICINITY
BENEFIT TRUST, et al.
Plaintiffs,

v.
D-MAC REBAR, LLC
Defendant.

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CASE NO. 3:11-CV-75
JUDGE BLACK

ORDER AND NOTICE OF
GARNISHMENT

To: Robertson Construction
1801 Thornwood Dr.
Heath, OH 43056
The judgment creditors (Plaintiffs) in the above case have filed an affidavit,
satisfactory to the undersigned in this court stating that you may have money, property, or
credits, other than personal earnings, in your hands or under your control that belong to
the judgment debtor (Defendant) in the case, and that some of the money, property, or
credits may not be exempt from execution or garnishment under the laws of the state of
Ohio or the laws of the United States.
You are therefore ordered to complete the "ANSWER OF GARNISHEE" in
section (B) of this form. Return one completed and signed copy of this form to the clerk
of this court together with the amount determined in accordance with the "ANSWER OF
GARNISHEE" by the following date on which a hearing is tentatively scheduled relative
to this order of garnishment: January 22, 2014 . Deliver one completed and
signed copy of this form to the judgment debtors prior to that date. Keep the other
completed and signed copy of this form for your files.
The total probable amount now due under the judgment creditor's judgments is
$53,038.22. The total probable amount now due includes the unpaid portion of the
judgments rendered in favor of the judgment creditors.
You are also ordered to hold safely anything of value that belongs to the judgment
debtor and that has to be paid to the court, as determined under the "ANSWER OF
GARNISHEE" in section (B) of this form, but that is of such a nature that it cannot be so
delivered, until further order of the court.

Now comes __________________________________________________
the Garnishee who says:
1. That the Oarnishee has money, property, or credits, other than personal

earnings of the judgment debtor under the Garnishee's control and in the Garnishee's
possession.

Yes

No

If yes, amount:---------------

2. That the property is described as:.
3. If the answer to line 1 is "yes" and the amount is less than the probable amount
now due on the judgment, as indicated in Section (A) of this form, sign the form and pay
the amount of line 1 to the clerk of this court.
4. If the answer to line 1 is "yes" and the amount is greater than that probable
amount now due on the judgment, as indicated in Section (A) of this form, sign and
return this form and pay that probable amount now due to the clerk of this court.
5. If the answer to line 1 is "yes" but the money, property, or credits are of such a
nature that they cannot be delivered to the clerk of this court, indicate that by placing an
"X" in this space: _ _ . 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 line 1 is "no," sign and return this form to the clerk of this
court.

I certify that the statements above are true.

(Print N arne of Garnishee)

(Print Name and Title of Person who Completed Form)
Signed:

(Signature of Person Completing Form)
Dated this _ _ _ _ _ day of-----'-' 20 ll.

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

IRON WORKERS DISTRICT COUNCIL
OF SOUTHERN OHIO & VICINITY
BENEFIT TRUST, et al.
Plaintiffs,

v.
D-MAC REBAR, LLC
Defendant. ·

)
)
)
)
)
)
)
)
)
)
)

CASE NO. 3:11-CV-75
JUDGE BLACK

ORDER AND NOTICE OF
GARNISHMENT

To: Telamon Construction, Inc.
5505 Milan Rd.
P.O. Box 418
Sandusky, OH 44871
The judgment creditors (Plaintiffs) in the above case have filed an affidavit,
satisfactory to the undersigned in this court stating that you may have money, property, or
credits, other than personal earnings, in your hands or under your control that belong to
the judgment debtor (Defendant) in the case, and that some of the money, property, or
credits may not be exempt from execution or garnishment under the laws of the state of
Ohio or the laws of the United States.
You are therefore ordered to complete the "ANSWER OF GARNISHEE" in
section (B) of this form. Return one completed and signed copy of this form to the clerk
of this court together with the amount determined in accordance with the "ANSWER OF
GARNISHEE" by the following date on which a hearing is tentatively scheduled relative
to this order of garnishment: January 22, 2014
. Deliver one completed and
signed copy of this form to the judgment debtors prior to that date. Keep the other
completed and signed copy of this form for your files.
The total probable amount now due under the judgment creditor's judgments is
$53,038.22. The total probable amount now due includes the unpaid portion of the
judgments rendered in favor of the judgment creditors.
You are also ordered to hold safely anything of value that belongs to the judgment
debtor and that has to be paid to the court, as determined under the "ANSWER OF
GARNISHEE" in section (B) of this form, but that is of such a nature that it cannot be so

delivered, until further order of the court.

Judge -~o · .,

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~- ' ,: SECTION B. AN

Now comes ·-------------------------------------------------the Garnishee who says:

1. That the Garnishee has money, property, or credits, other than personal
earnings of the judgment debtor under the Garnishee's control and in the Garnishee's
possession.

Yes

No

If yes, amount: --------------- 2. That the property is described as:

_3. If the answer to line 1 is "yes" and the amount is less than the probable amount
now due on the judgment, as indicated in Section (A) of this form, sign the form and pay
the amount of line 1 to the clerk of this court.
4. If the answer to line 1 is ''yes" and the amount is greater than that probable
amount now due on the judgment, as indicated in Section (A) of this form, sign and
return this form and pay that probable amount now due to the clerk of this court.
5. If the answer to line 1 is "yes" but the money, property, or credits are of such a
nature that they cannot be delivered to the clerk of this court, indicate that by placing an
"X" in this space: _ _ . 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 line 1 is "no," sign and return this form to the clerk of this
court.

r certify that the statements-abo ve ire true.(Print Name of Garnishee)

(Print Name and Title of Person who Completed Form)
Signed:

(Signature of Person Completing Form)
Dated this _ _ _ _ _ day of _ _ _ _ _, 2011.