Free Writ Issued - District Court of Connecticut - Connecticut

Case 3:02-cv-01950-PCD Document 34 Filed O4/06/2004 Page 1 of 4
UNITED STATES DISTRICT COURT " ·` ~ '-~’
DISTRICT OF CONNECTICUTJ, I p I I I "
I., fly"` ;
APPLICATION POR AND WRIT OF EXECUTION “ N
. — I
I
BANKING INSTITUTION
APPLICATION
To the United States District. Court for the District of Connecticut at
New Haven , Connecticut, in connection with a judg)ment therein on I
December 16 , 2003DOCkct NO_ 3 : 02cv 1950 (PC ) J Case name I
Stephen F. Gray, Assignee, et al. v. City Fruit & Produce Co., LLC
NAME OF BANKING INSTITUTION: Fleet Bank I --
157 Church Street I
p New Haven, CT 06510 ‘ I
NAME OF IUDGMENT CREDITOR MAKING APPLICATION; OP (town)
Stephen F. Gray, Assignee of William Dubinsky & Sons, Inc. of .
Washington, DC I
NAME OF IUDGl\/{ENT DEBTOR: OF (town)
City Fruit 8 Produce Company of Torrington, CT I
I. AMOUNT OI: IUDGIVIENPI`: $36 , 137 . 18 ‘ I
2. AMOUNT OF COSTS; ·O· *
3. TOTAL IUDGMENT AND COSTS: $36 , 13 7 . 18
4. TOTAL PAID ON ACCOUNT: — 0 —
5. TOTAL D IUDGMENT: $36 , 137 . 18
5//°`7’
Name of zorney or party making Date
application and address I
Attorney Stuart A. Margolis
Berdon, Young & Margolis, PC I
132 Temple Street _ I
New HAven, CT 06510 I
ct {
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Case 3:02-cv-01950-PCD Document 34 Flléd O

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12 x 12 c U T 1 o N I
TO ANY PROPER OFFICER:
Wliereas on said date dof judgment the above—named judgment Credit;or recovered a I
judgment against the above—named judgment Debtor before the above—named court for the amount I
of damages and costs above, as appears on record, whereof execution remained to be done. These
thereby Authority Of The United States To Command You: `
IF IUDGMENT DEBTOR IS A NATURAL PERSON 1
I
Witliin seven days from your receipt of this execution, make demand upon the main office of any
banking institution having its main office within your county, or is such main office is not within I
your county and such banking institution has one or more branch offices within your county, upon I
an employee of such a branch office, such employee and such branch office having been designated I
by the banking commissioner, for payment to you pursuantéto section 52-367(b) of the general
statutes of any nonexempt debt due said judgment Debtor(s), which sum shall not exceed the total I
unpaid damages and costs on said judgment as stated above, plus interest on the unpaid amount
of said judgment from its date until the time when this execution shall be satisfied, plus your own I
fee. After having made such demand you are directed to serve a true and attested copy of this I
execution, together with the attached affidavit and exemption claim form, with your doings
endorsed thereon, with the bank institution officer upon whom such demand was made. Said sum I
shall be received by you and applied on this execution in accordance with the provisions of section
52—367(b) of the general statutes.
[F DEBTOR IS OTHER
Make demand upon the main office of any banking institution having its main office within your I
county, or if such main office is not within your county and such bank institution has one or more I
branch offices within your county, upon an employee of such branch office, such employee and I
such branch office having been designated by the banking institution in accordance with I
regulations adopted by the banking commissioner, for payment to you of any debt due said
judgment Debtor(s), which sum shall not exceed the total unpaid damages and costs on said I
judgment as stated above, plus interest on the unpaid amount of said judgment, from its date until
the time when this execution is satisfied, plus your own fees. Said sum shall be received by you
and applied on this execution. After having made such demand you are directed to serve a true
and attested copy hereof, with your doings thereon endorsed, with the banking institution office
upon whom such demand was made.
HEREOF FAIL NOT, AND MAKE DUE RETURN OF THIS WRIT WITH YOUR DOINGS THEREON, _
ACCORDING TO LAW. _ A , L! I
· . I
v ’· W I
DATED A'I` I/K , CONNE(Z'I`ICUT 'I`l·IIS DAY Oli I Of}
j KEVIN P§flj? ?ERI( I
.,, BY ,. (J I
n DEPUI CLERK |

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° . Case 3:02-cv-01950-PCD Document 34 Filed O4/06/2004 Page 3 of 4 i
~ EXEMPUON CLMM FORM smrr; or couuacrrcur . .,_ l
BANK EXECUTION · . »·
,,,.,,,_,.,, ,,,.,.,_,_,, supanron count §%§
ccs. ar-san. szszrs, seem szoszrl, szaera, ·».
52-367b. 29 u.S.c. 206(a}(1)
mus mo Aooness or ruocuaur neuron on Arronrrev (ru be mmprerad eypannn
TO: rAttorney Gary S . Fish 1 Attorney Paul D . Gentile
57 Carroll Road Gentile & Dickler !
Hamden, CT 96517 i 15 Maiden Lane . i
New York, NY 10038
L g _; l
`. ' ”ré`tE€’&§is"°**‘ Eiiiiti " , , ,·`§ ,i - ‘ i i" , ,‘ , . \ 5 %< . l
Judiciai Housing NAMEAND ADDRESS OF COURT (N0., Street, Town arrdzip Coda) mm U U U A _ ` ` _ ‘ ` K J
lj gisrrid ijsessim, [;|GA_NO_ US District Court, 141 Church St., New Haven 06510
ruwraorauocuaur oesron oockerno. I
City Fruit li Produce, Co., LLC 3:02cv 1950 (PCD) i
e_§£‘l§c?1“i’i5i~i!`E T`Q5’lr5‘e*£*6‘r7r T5?`é*f1‘ri»l ““6‘fi`6'¤i'§“§$°h‘?¤`i'%"i:“k '. gr .
mus Aero Aooness or BANKING rrrsnrunou ro wrrrcn exeriirmori coun (TFANYJ rs ro se nrzrunrreo rms or untrue ro Ju rzur o a n ’
oescnrenon or Accounrrs; mo Auounrrs; nauoveo punsunnr ro execunorr `0 , · i
i . l
;sse;rroin;nreaa.reii;ziael ‘· ¢ r’i@i‘i@lEiT6$
As a result of a judgment entered against you, the attached execution has been issued against funds deposited by
you In the banking institution named above. In compliance with this execution, the banking institution has removed from i
the aocount(s) enumerated above the amount of money indicated above.
[HE MONEI IN IOUR ACCOUNHS) MAY BE EXEMPT FBOM EXECUIQON - The money in your aocount(s) may be
protected from execution by state statutes or by other laws or regulations of this state or of the United States. A checklist and
a description of the exemptions established by law are set forth on the reverse side. ._
HOQ IQ CLAIM AN EXEMPQON ESTABLISHED BY [AW - If you wish to claim that the money in your account(s) is j
exempt by law from execution, you must ull out and sign before a proper official the Affidavit of Claim of Exemption below and
mail or deliver this exemption claim form to the banking ins litution at the above address. This form must be received by the
banking institution no later than 15 days from the DATE OF MAIUNG TO THE JUDGMENT DEBTOR indicated above.
Upon receipt of this form the bank will forward it to the Superior Court and the court clerk will notify you and the judgment E
creditor of the date on which a hearing will be held by the court to determine the issues raised by your claim. i
' ·'. QN,f.itT " To , _
I, the judgment debtor named above, hereby claim and certify under the penalty of false statement that the money in the i
above aocount(s) is exempt by law from execution as follows: _ 3
Accounr nuuaen oescnrse colrueo exeurmorr esrrxsusrreo er mw i
Auouur currueo ro ee sxeunr
Accourrr nuunen oescnree cuuueo exarrrmou esmeusrreu av mw i
mourn couueo ro se raxsuer
I-;] Additional sheet(s) attached hereto and made a part hereof (ifnooessary).
SIGNED (individual attorney orpro se partyj DATE SIGNED STATE OF CONNECTICUT, COUNTY OF
X } $5
COMPLETE M/ULING ADDRESS OF JUDGMENT DEBTOR SUBSCRIBED AND SUVORN TO BEFORE ME THIS
mw oe . 4 is
SIGNED (Notary Public, Conrmrsskmer of Superior Court) i
TELEPHONE NO. Q .
»»·,», X - .... do l

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iled O4/06/2004 Page 4 0 .
Case 3:02-cv-01950-PCD Document 34 F i
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.¢ '12cf "a§r.it”eti‘DEt5Z " `hhth.C“"si .. EMii$ti¤tiS°f?5i3it”t3`t3l%H¥ib}siii ` T F .4E:
1, Public Assistance payments and any wages earned by a public assistance recipient under an incentive earnings or s' ‘t
rc.e.s. sz-assure;) °m° E" *"`°9"i"“
2. Health and disability insurance payments. (C.G.S. 52-352b(e))
3. Workers Compensation, social security, veterans and unemployment benefits. (C.G.S. 52~352b(g))
4_ Court approved payments for child support. (C.G.S. 52-352b(h)} . |
5_ Any assets or interests of a judgment debtor ln, or payments received by the judgment debtor from, a plan or arrangement describe
in C.G.S. 52-321 a. (C.G.S. 52-352b(m)) ` (
6, Alimony and support, other than child support, but only to the extent that wages are exempt from execution under section 52-36ta*
(C.G.S. 52-352b(n)) r ` (
7. An award under a crime reparations act. (C.G.S. 52—352b(o)) T
8, All benefits allowed by any association of persons in this state towards the support of any of its m€Tl`IbGl‘S incapacitated by sickness ·
lntirmity from attending to his usual business; and all monies due the debtor from any insurance company upon any insurance policy Q
issued on exempt property, tothe same extent that the property was exempt. (C.G.S. 52-352b(p), (qjj Q
9_ Any interest of the judgment debtor in any property not to exceed in value one thousand dollars. (C.G.S. § 52c352h(.»))
in Irrevocable transfers of money to an account held by a bona tide nonprofit debt adjuster licensed pursuant to sections 363.655 ro l
36a4365, inclusive, of the general statutes for the benefit of creditors ofthe judgment debtor. (C.G.S. 52—352b(u)) I
11 _ There may be other laws or regulations of this state or of the United States which set forth additional exemptions
‘The following is that part of C.G.S. 52-361 a which denotes what portion of wages is exempt from execution:
The maximum part of the aggregate weekly earnings of an individual which may be subjecfto levy or other withholding for payment of r
judgment is the lesser of (1) twenty—five per cent of his disposable earnings for that week, or (2) the amount by which his disposable i
earnings for that week exceed forty times the higher of (A) the minirnumjwoudy wage prescribed by Section 6`(a)( 1) ofthe Fair Labor
Standards Act of 1938, U.S. C. tit. 29, Section 206(a)( 1), or (B), the full minimum fair wage established by subsection (jj of Section 31-58, ir
effect af the time the earnings are payable.
C.G.S. 52-350a(4} defines ‘disposable eamings" as that part ofthe earnings of an individual remaining afterthe deduction from those
eamings of amounts required to be withheld for payment of federal income and employment taxes. normal retirement contributions, union
dues and initiation fees, group life insurance premiums, health insurance premiums, federal tax levies, and state income tax deductions
authorized pursuant to C.G.S. 12-34b. . _
g m _`. eiihiiiiiiroffifs -r " :
TO BANKING INSTITUTION T0 CLERK
1, Complete section lt of this form and send 2 1. Attach this fonn to each bank execution issued in a civil or family matter
copies of this form and the bank execution against a judgment debtor that is a natural person.
form to the judgment debtor pursuant to 2. Deliver the execution along with this form to the judgment creditor (
section 52-367b of the General Statutes. requesting the execution. g
3. lf judgment debtor completes and returns this form claiming an _
2. lf this claim of exemption is returned exemption, enter the appearance of the judgment debtor with address (
completed, fill out section V of this form and set forth on reverse. ; i
mail, within two business days, to the issuing 4. Set matter down for short calendar hearing. g
clerl<'s office at the address of court 5. Complete section Vt below. · _
, indicated on the front side. See additional 6. Send tile—stamped copy of this form to judgment debtor and judgment T
instructions on the bank execution form. creditor. _ _ _ .
7. Alter hearing, send copy of any order entered to the banking institution.
I ·` ‘ i‘·‘
` cme cuuru necarvso oars Matteo ro courtr nance or u.·urt< orrtcaa retseuone no.
me om j T `
The assets in dispute are being held for (1) forty-five days from the date the exemption claim form was received by the banking institution
designated on the front of this fom1 or (2) until disposition is ordered by the court at a hearing to be held at short calendar on the date set
forth below, whichever occurs earlier.
DATE OF ttEARlNG null; or nrytniuc D AM. stcneo (Assisranr Clerk) DATE SIGNED
U PM- ` u .. ., . i . _ _.
i n 2* T
The CourlfMagistrate, having held a hearing to determine the issues raised by this claim, hereby orders that:
sicueo rmscruaserraréi _`
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