United States of America v. Sparks et al

Filing 9

CONTINUING GARNISHMENT ORDER signed by Judge Robert S. Lasnik re 7 Motion (CDA)

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The Honorable Robert S. Lasnik

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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NO. 2:19-MC-00121-RSL
(2:18-CR-00107-RSL-1)

Plaintiff,

Continuing Garnishment Order

v.
RANDY SPARKS,
Defendant/Judgment Debtor,
and
MIDLAND NATIONAL LIFE
INSURANCE COMPANY,
Garnishee.

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A Writ of Continuing Garnishment, directed to Garnishee, Midland

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National Life Insurance, has been duly issued and served upon the Garnishee.

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Pursuant to the Writ, Garnishee Midland National Life Insurance, filed its

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Answer on September 27, 2019, stating that at the time of the service of the
Writ, Garnishee had in its possession, custody, or control a Flexible Premium

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Deferred Annuity account, no. XXXXXX3568, valued at $115,570.05, in

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which Mr. Sparks maintains an interest and is fully vested, with no surrender

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charges, as of September 23, 2019.

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CONTINUING GARNISHMENT ORDER
(USA v. Randy Sparks & Midland National Life Insurance Co.,
Court Nos. 2:19-MC-00121-RSL / 2:18-CR-00107-RSL-1) - 1

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

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After notification of the garnishment proceeding was mailed to the
Garnishee and Defendant/Judgment Debtor Sparks on or about September
19, 2019, Mr. Sparks has not requested a hearing to determine exempt
property as of this date.

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IT IS THEREFORE ORDERED as follows:

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That the Garnishee, Midland National Life Insurance Company, shall

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pay to the United States District Court for the Western District of Washington,
the entire amount (less income tax withholdings, if any) of non-exempt
property from any and all accounts in the Garnishee’s possession, custody, or

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control, including, but not limited to, the Flexible Premium Deferred Annuity

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account no. XXXXXX3568, in which the Defendant/Judgment Debtor

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maintains an interest and meets the requirements to withdraw, or becomes

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eligible to withdraw, but such amount shall not exceed the amount necessary
to pay Mr. Sparks’s balance in full;
That such payment(s) shall be applied to Defendant/Judgment Debtor

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Sparks’s outstanding obligation in Case No. 2:18-cr-00107-RSL-1 (W.D.

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Wash.), by the United States District Court for the Western District of

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Washington; and
That the payment shall be made out to the United States District Court,

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Western District of Washington, referencing Case Nos. 2:18-cr-00107-RSL-1

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and 2:19-MC-00121-RSL, and delivered personally or by First Class Mail to:

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United States District Court, Western District of Washington
Attn: Financial Clerk – Lobby Level
700 Stewart Street
Seattle, Washington 98101
CONTINUING GARNISHMENT ORDER
(USA v. Randy Sparks & Midland National Life Insurance Co.,
Court Nos. 2:19-MC-00121-RSL / 2:18-CR-00107-RSL-1) - 2

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

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Dated this 4th day of December, 2019.

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A
ROBERT S. LASNIK

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United States District Court Judge

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Presented by:

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s/ Kyle A. Forsyth
KYLE A. FORSYTH, WSBA # 34609
Assistant United States Attorney

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CONTINUING GARNISHMENT ORDER
(USA v. Randy Sparks & Midland National Life Insurance Co.,
Court Nos. 2:19-MC-00121-RSL / 2:18-CR-00107-RSL-1) - 3

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]