Free Motion for Writ - District Court of Connecticut - Connecticut

:“"°`”{\ Case 3:00-cv-00678-SRU Document 117 Filed 03/20/2008 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT F I L E D
APPLICATION Fon AND wan oi= Execution 2008 MAR 20 P l2= I 9
PROPERTY
048. DISTRICT COURT
App|_|cA·|·|ON Q. i‘€·lUGEP‘DRT. CONN
To the United States District Court for the District of Connecticut at Bridgeport,
Connecticut, in connection with a judgment entered on April 11, 2008. 3:00CV00678 (SRU).
Case name: O’Keefe v. Theme Co-op Promotions, Inc.
NAME AND ADDRESS OF JUDGMENT CREDITOR(S) MAKING APPLICATION:
I O’Keefe & Associates, Inc.
4 Corporate Drive, Ste 490
Shelton, CT 06484
NAME(S) AND ADDRESS(ES) OF JUDGMENT DEBTOR(S):
Theme Co-Op Promotions, Inc.
501 2"" Street, Suite 426
San Francisco, CA 94105
AMOUNT OF JUDGMENT: $ 85,000.00
AMOUNT OF COSTS $ 2,672.38
AMOUNT OF INTEREST if a licable : $ 3,889.20
TOTAL JUDGMENT AND COSTS: $ $ 91,561.58
TOTAL PAID ON ACCOUNT: $
TOTAL UNPAID JUDGMENT: $ $ 91,561.58
IS THIS A JUDGMENT ARISING oUT OF SERVICES PROVIDED AT A HOSPITAL?
E NO _YES (If yes, see Notice to Judgment Creditor or Attorney on page 2)
IS THIS IS A CONSUMER JUDGMENT? (“Consumer judgment" means a money judgment of
less than $5,000 against a natural person resulting from a debt incurred
primarily for personal, family or household purposes)
§_ NO __YES (If yes, has a stay of property execution been entered
pursuant to an installment payment order?) __ NO __ YES
IF A STAY OF PROPERTY EXECUTION HAS BEEN ENTERED, HAS THE JUDGMENT DEEToR
DEFAULTED ON AN INSTALLMENT PAYMENT ORDER?
__ NO __ YES (Specify):

= • IE0
_ 4 I
Francis . Burke, Esq. Dat
MANGINES & BURKE, LLC
977 Farmington Avenue, Suite 201
West Hartford, CT 06107
(860) 233-1000
Fed. Bar No. ct18688
[email protected] (Rev. 3/5/08)

C. A Case 3:00-cv-00678-SRU Document 117 Filed O3/20/2008 Page 2 OT 4
V ( INSTRUCTIONS FOR WRIT OF PROPERTY EXECUTION
JUDGMENT CREDITOR OR ATTORNEY - Type or print original and 4 copies ofthe Application. If judgment
debtor is a natural person, attach copy of Exemption Form. Present original and 3 copies to Clerk of Court.
NOTICE TO JUDGMENT CREDITOR OR A'I'I`ORNEY Pursuant to Public Act 03-266, Section 9, in the
case of a judgment arising of services provided at a hospital, no application for a property execution shall be
made until the court has (A) issued an order for installment payments in accordance with Gen. Stat. 52-356d, (B)
made a finding that the debtor has defaulted on payments under the order, and (C) lifted the mandatory stay
concerning noncompliance or default, and decide whether to modify the installment payment plan, continue the
installment payment plan, or lift the stay
MARSHAL - Make execution as directed in the "Execution" section. Make retum on signed original within
four months from the date this execution issued. If judgment debtor is a natural person, attach exemption form
to copy(ies) of execution served. Complete Section H on exemption claim form.
PERSON IN POSSESSION OF PROPERTY OF JUDGMENT DEBTOR WHO IS A NATURAL
PERSON - Pursuant to Conn. Gen. Stat. § 52-356a, you are required to mail to the judgment debtor (indicated
on reverse side) at his or her last known address, postage prepaid, a copy of this property execution and the
attached property execution exemption claim form. Complete Section IH on exemption claim form before
mailing it to judgment debtor. Twenty days from the date of the service of this property execution, you must
deliver to the marshal property owned by the judgment debtor in your possession or you must deliver to the
proper officer payment of a debt owed by you to the judgment debtor. EXCEPT (1) Ifan exemption claim has
been filed with the court you shall withhold delivery of the property or payment of the debt owed by you subject
to the determination of the exemption claim by the court and (2) if the debt owed by you to the judgment debtor
is not due at the expiration of the twenty days, you shall pay the amotmt to the marshal when the debt becomes
due if it becomes due within four months alter the date of issuance of this execution.
PERSON IN POSSESSION OF PROPERTY OF JUDGMENT DEBTOR WHO IS NOT A NATURAL
PERSON - Pursuant to Comi. Gen. Stat. § 52-3 56a, you are required to deliver to the marshal, property in your
possession owned by the judgment debtor or pay to the marshal the amount of a debt owed by you to the
judgment debtor, provided, if the debt owed by you is not yet payable, payment shall be made to the marshal
when the debt becomes due within four months after the date of issuance of this execution.

> A Case 3:00-cv-00678-SRU Document 117 Filed O3/20/2008 Page 3 of 4
PROPERTY EXECUTION
TO ANY PROPER OFFICER:
Whereas on said date of Judgment the above-named Judgment Creditor(s) recovered a judgment against
the Judgment Debtor(s) before the Court for the amount stated, as appears of record, whereof execution remains
to be done. These are therefore, BY AUTHORITY OF THE UNITED STATES DISTRICT COURT TO
COMMAND YOU: That of the nonexempt goods of said Judgment Debtor(s) within your precincts, you cause to
be levied (the same being seized and sold as the law directs), paid and satisfied to said Judgment Creditor(s) the
total unpaid amount of said judgment, plus your own fees in the following manner: You shall personally serve a
copy of this execution on the judgment debtor, and if the judgment debtor is a natural person, a copy of the
exemption claim form, and make demand for payment by the judgment debtor of all sums due under the money
judgment. On failure of the judgment debtor to make immediate payment you are commanded to levy on
nonexempt personal property of the judgment debtor, other than debts due from a banking institution or
earnings, sufficient to satisfy the judgment as follows: If such nonexempt property is in the possession of the
judgment debtor, you shall take such personal property into your possession as is accessible without breach of the
peace. If the judgment debtor has left the state prior to service of this execution, or if the judgment debtor cannot
be found with reasonable effort at the last known address in this state, you shall proceed with the levy after (1)
making demand for payment at such last known address and on any agent or attorney of the judgment debtor of
record with the United States District Court for the District of Connecticut and (2) making a reasonable effort to
ascertain and provide notice of the execution at any forwarding address.
A. If judgment debtor is a natural person: On failure of the judgment debtor to make immediate
payment of all sums due under the money judgment, and upon your being unable to levy on nonexempt
personal property of the judgment debtor in the judgment debtor's possession and, if the judgment
debtor has left the state prior to the service of this execution, upon your being unable to obtain payment
sufficient to satisfy the judgment by making demand for payment at the judgment debtor's last known
address in this state and on any agent or attorney of the judgment debtor of record with the Clerk of the
U. S. District Court for the District of Connecticut, you are also commanded to make demand upon any
third person having possession of nonexempt personal property of the judgment debtor for payment to
you, or to levy on any nonexempt personal property or debt due said judgment debtor sufficient to satisfy
the total amount of judgment unpaid pursuant to Gen. Stat. 52-356a(4)(c). After having made such
demand you are directed to serve two true and attested copies of this execution, together with the
exemption claim form, with your doings endorsed thereon, on the third person upon whom such demand
was made.
B. If judgment debtor is not a natural person: On failure of the judgment debtor to make immediate
payment of all sums due under the money judgment and upon your being unable to levy on nonexempt
personal property of the judgment debtor in the judgment debtor's possession and, if the judgment
debtor has left the state prior to the service of this execution, upon your being unable to obtain payment
sufficient to satisfy the judgment by making demand for payment at the judgment debtor's last known
address in this state and on any agent or attorney of the judgment debtor of record with the Clerk of the
U. S. District Court for the District of Connecticut, you are also commanded to make demand upon any
third person having possession of nonexempt personal property of the judgment debtor for payment to
you or to levy on any nonexempt personal property or debt due said judgment debtor(s) sufficient to
satisfy the total amount of the judgment unpaid pursuant to Gen. Stat. 52-356a(4)(c).
HEREOF FAIL NOT, AND MAKE DUE RETURN OF THIS WRIT WITH YOUR DOIN GS
THEREON, ACCORDING TO LAW, WITIHN FOUR MONTHS HEREOF.
NOTICE: THE JUDGMENT DEBTOR’S NONEXEMPT PERSONAL PROPERTY IS SUBJECT TO
LEVY, SEIZURE AND SALE BY THE PROPER OFFICER PURSUANT TO THIS EXECUTION.
DATED AT CONNECTICUT, THIS DAY OF , 20 .
ROBERTA D. TABORA, CLERK
BY:
DEPUTY CLERK

Case 3:00-cv-00678-SRU Document 117 Filed O3/20/2008 Page 4 of 4
CERTIFICATION
This is to certify that a copy of the foregoing has been sent, via U.S. Mail,
postage prepaid, this 18"‘ day of March 2008, to:
David A. Ball, Esq.
Cohen and Wolf, PC
1115 Broad Street
Bridgeport, CT 06604
T ,.
Francis D. u e