Iron Workers District Council Of Southern Ohio & Vicinity Benefit Trust et al v. G.M.A.B. LLC et al

Filing 55

ORDER AND NOTICE OF GARNISHMENT TO Osgood State Bank 275 W. Main Street, P.O. Box 69, Osgood, Ohio 45351 re 50 48 , 45 . Signed by Magistrate Judge Sharon L Ovington on 06/20/14. (pb1)

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UNITED STATES FEDERAL DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON IRON WORKERS DISTRICT COUNCIL OF SOUTHERN OHIO & VICINITY BENEFIT TRUST, et al. Plaintiffs, CASE NO. 3:13-CV-00283 DISTRICT JUDGE WALTER H. RICE CHIEF MAGISTRATE JUDGE SHARON L. OVINGTON v. G.M.A.B. LLC, et al. ORDER AND NOTICE OF GARNISHMENT Defendants. To: Osgood State Bank 275 W. Main St. P.O. Box 69 Osgood, Ohio 45351 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 debtors Gary Maurer (SSN 293-44-XXXX), Colin M. Garrett, G.M.A.B., LLC, American Builders-Steel Erectors, American Builders Holding Co. LLC, American Builders Design and Fabrication LLC, American Builders Union Steel Erectors LLC, American Builders General Contractors, LLC, American Builders Professional Painting Service LLC, or A B Roofing Outlet, LLC (collectively “Defendants”) 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: Ju , 2014 at 10:30 AM. 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 $185,545.76 plus post-judgment interest. The total probable amount now due includes the unpaid portion of the judgments rendered in favor of the judgment creditors. SECTION B. ANSWER OF GARNISHEE 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. I certify that the statements above are true. ____________________________________________ (Print Name of Garnishee) ____________________________________________ (Print Name and Title of Person who Completed Form) Signed: _____________________________________ (Signature of Person Completing Form) Dated this ___________ day of ___________, 2014. UNITED STATES FEDERAL DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON IRON WORKERS DISTRICT COUNCIL OF SOUTHERN OHIO & VICINITY BENEFIT TRUST, et al. CASE NO. 3:13-CV-00283 DISTRICT JUDGE WALTER H. RICE Plaintiffs, v. CHIEF MAGISTRATE JUDGE SHARON L. OVINGTON G.M.A.B. LLC, et al. Defendants. REQUEST FOR HEARING I dispute the judgment creditors’ (Plaintiffs’) right to garnish my money, property, or credits, other than personal earnings, in the above case and request that hearing in this matter be held July 30, 2014 _______________________ (insert “on” or “earlier than”) the date and time set forth in the document entitled “NOTICE OF GARNISHMENT” that I received with this request form. I dispute the judgment creditors’ right to garnish my property for the following reasons (optional): ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. ______________________________ Colin M. Garrett ______________________________ Title ______________________________ Signature ______________________________ Date WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY, PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE POSSESSION OF ROBERTSON CONSTRUCTION WILL BE PAID TO THE PLAINTIFFS IN THE INSTANT CASE TO SATISFY SOME OR ALL OF YOUR DEBT TO THE PLAINTIFFS.

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