Free Application for Writ - District Court of Connecticut - Connecticut

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I C se 3:02-cv-01950-PCD Document 31 Filed O2/19/2004 Page 1 of 4
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UNITED STATES DISTRICT COURTM-· . »-is _ _ _,
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oisrnicr ot CONNECTICUTEL
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I APPLICATION FOR AND WRIT OF EXECUTION
I BANKING INSTITUTION
AP I ICATION I
I To the United States District Court for the District of Connecticut at
I New even , Connecticut, in connection with a judgment therein on -
Dee be-; 16, 2003 ,Do<;l I _; I
I NA Q E OF BANKING INSTITUTION: Fleet Bank I-
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N · E OF IUDGMENT CREDITOR MAKING APPLICATION; OF (town)
Step en F. Gray, Assignee of William Dubinsky & Sons, Inc. of
Was ngizon, DC -
N · E OF JUDGMENT DEBTOR; OF (town)
CityIFruit & Product Co., LLC of Torrington, CT
I. AMOUNT OF IUDGMENT: $36,137.18 I `
i 2. AMOUNT OF COSTS; -0- a
I 3. TOTALIUDGMENTAND COSTS; $36,137.18 I
4. TOTAL PAID e ACCOUNT; -0-
5. T . ALUN IUDGMENT; $36,137.18
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Nam oEAttorney or party making Date ‘ ‘ I I
appli tion and address g g .»I.:._.,i§ . I
Atto ney Stuart; A. Margolis `_,,,,,.- I
Berd n, Young BI Margolis, P.C, M _;:, gi. *.__·= :,_,wj_.% E
132 g emple Street; =_I,I_;, I ua
New , even, cr 06510 g g I
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se 3:02-cv-01950-PCD Document 31 Filed O2/19/2004 Page 2 of 4
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i Exscurion I
ANY PROPER OFFICER:
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_ Whereas on said date of ludgment the- above—named ludgment Creditor recovered a
iud ent against the above-named ludgment Debtor before the above-named court for the amount
of •Il mages and costs above, as appears on record, whereof execution remained to be done. These
the { by Authority Of The United States To Command You:
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;_ IF IUDGMENT DEBTOR IS A NATURAL PERSON: e \
Wi `n seven days from your receipt of this execution, make demand upon the main office of any
ba `ng institution having its main office within your County, Of is such main office is not within
you ounty and such banking institution has one or more branch officeéwithin your county, upon
an e ployee of such a branch office, such employee and such branch office having been designated
by t e banking commissioner, for payment to you pursuant to section 52-367(b) of the general
stat es of any nonexempt debt due said Iudgment Debtor(s), which sum shall not exceed the total l
unp _ d damages and costs on said judgment as stated above, plus interest on the unpaid amount
of s • judgment from its date until the time when this execution shall be satisfied, plus your own
fee. * fter having made such demand you are directed to serve a true and attested copy of this
exec tion, together with the attached affidavit and exemption claim form, with your doings
end sed thereon, with the bank institution officer upon whom such demand was made. Said sum
shall e received by you and applied on this execution in accordance with the provisions of section I
52-3 7(b) of the general statutes. i
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X IF DEBTOR IS OTHER ,
Mak demand upon the main office of any banking institution having its main office within your `
coun . , or if such main office is not within your county and such bank institution lis, one or more
bran offices within your county, upon an employee of such branch office, such employee and Q
such ranch office having been designated by the banking institution in accordance with l
regu _ tions adopted by the banking commissioner, for payment to you of any debt due said
Iudg ent Debtor(s), which sum shall not exceed the total unpaid damages and costs on said
judgi ent as stated above, plus interest on the unpaid amount of said judgment, from its date until
the ti e when this execution is satisfied, plus your own fees. Said sum shall be received by you
and plied on this execution. After having made such demand you are directed to serve a true
and ested copy hereof, with your doings thereon endorsed, with the banking institution office
upon hom such demand was made. I
I-IER QI FAIL NOT, AND MAKE DUE RETURN OF THIS WRJT WITH YOUR DOINGS THEREON,
ACC INC TO LAW.
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DATE AT J/cw 0}/ ,CONNECTICUT THIS DAY OF , 19 . i
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~ KEVIN F. ROWE, CLERK
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- DEPUTY CLERK ` . l
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se 3:02-cv-01950-PCD Document 31 Filed O2/19/2004 Page 3 of 4
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g G`5_hg{I~’I FORM smre oi: coivnecricur _ . t. T *
JD£.__,_2,a Rey _ _ SUPERIOR COURT == i
c.G.s.a1—sam,s2 1a,s2-usda. 52<%52t¤.52—361¤. '=· ·¤·
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NAME I o xooness oe iuocueirr oeeron on xrrorwev rm be completed by plarhtmj ,
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FOI F ·! tgrney Gary S, Fish Attorney Pau]? D. Gentile .
Y Carroll Road Gentile Sc Dickler
lh mdgn, CT 06517 15 Maiden Lane · I
I g New York, NY 10038 I
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bi§E??`éiiFii T`ié‘i‘?aIEi$iI3iiI#` I:Ziiri “'O‘ Pt"Ti'IIi?i`*i”*?Z`Ti¤ir°¥’Ir»=·sa»’}l`li73-»?‘i"’~e·‘=s¢eaar+:lIil°}lIEE’?I’* "“F""`**·it "‘TT”’·.i=Z·.*‘“*i;e“,r,£;' I`
Judicial Housing NAME xNo xooaess oe couar {Na., sneer rim redzip care; ` T ` ‘“ ‘``" "` ’ ` ` `
I] oisinei II session IIIGA N0. U.S. District Court, 141 Church St, New Haven, C'I
NAMEOFJUOGME oeeroe DGCKEITNO. · I
Cii; Fruit & Produce Co. , LLC 3;O2cv 1950 (PCD) I
,15’ar5a“r‘a i5ia€1Ei5‘“5tI‘aa%i fFt§@F&'ii6$‘?4@‘é$f·“%“ir`€¤‘é`iF”6‘3§?6‘F»‘ii$"餒Flf is .‘’C g-- __f,tt;;t·;r.?fe.iaaorQ I
NAME AND xooee _. oe BANKING INSTTTUTION ro WHICH EXEMPTION cmiu {ie ANY) is ro ee eeruniveo E uxre oe NNuNe ro iorN§}QieNr demon
DESCRIPTION oex COUN`l`(S) AND xwrouirrisi REMOVED PURSUANT ro execunorw Il
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[@?[iG.Nf%;1lliiEi DIGfilE`N`TiD`EI?Hi`iW*‘3? “*"“*I”` 'T "?i?=i*
As a result •=_ ajudgment entered against you, the attached execution has been issued against funds deposited by
you in the ban ng institution named above. In compliance with this execution, the banking institution has removed from '
the account(s) = umerated above the amount of money indicated above. I
LIE MONEY N YOUR ACCOUNT S MAY BE EXEMPT FROM EXECUTION - The money in your account(s) may be I
protected from ecution by state statutes or by other laws or regulations of this state or of the United States. A checklist and
a description of _ e exemptions established by law are set forth on the reverse side. ._ _ I
HOW O C ; M AN EXEMPTION ESTABLISHED BY LAW - lfyou wish to claim that the money in your account(s) is
exempt by law m execution, you must fill out and sign before a proper ofncial the Affidavit of Claim of Exemption below and
mail or deliver ii. exemption claim form to the banking institution at the above address. This form must be received by the
banking instituti no later than 15 days from the DATE OF MAILING TO THE JUDGMENT DEBTOR indicated above.
Upon receipt this fonn the bank will forward it to the Superior Court and the court clerk will notify you and the judgment
creditor of the e on which a hearing will be held by the court to determine the issues raised by your claim.
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I, the iudgme debtor named above, hereby claim and certify under the penalty of false statement that the money in the
above account(s is exempt by law from execution as follows: _
Accourrr NUMBER oescaiee cmiueo exei.ir=noN esrmtisneo ar mw
AMOUNT cmineo r ee exeiiier `
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Accourrr Nuuaen oescaiee cmiueo exeurrnoii esrnausueu av mw
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AMOUNT eminem •I e exeuer y
I;] Additional sh et(s) attached hereto and made a part hereof (ifnecessary). y
SIGNED rmarwauar an L y ef prose amy; mrs SIGNED srxre oe coNNecncur, couNw oe
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co.·t»ir¤i_i_?rs MAILING · =·oRESS OF JUDGMENT OEBTGR SUBSCRIBED AND SWORN TO BEFORE ME THIS I
· om oe _ _ is I
I SIGNED (Notary Public, Commissioner0lSupcri0r Court) '
TELEPHONE NO. I`
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1_ Public · sistance payments and any wages earned by a public assistance recipient under an incentive eamings or Stn-may pmgm, i
(C.G.S. 2-352b(d)) .
2, Health . d disability insurance payments. (C.G.S. 52-352b(e))
;;_ Worker Compensation, social security, veterans and unemployment benefits. (C.G.S. 52-352b(g)) I
4, Court a roved payments for child support. (CGS. 52-352b(h)) , r {
5_ Any ass s or interests of a judgment debtor in, or payments received by the judgment debtor from, a plan or arrangement describ i
in C.G.S 52-321a. (C.G.S. 52—352b(m)) _ E
5_ Alimony nd support, other than child support, but_oniy to the extent that wages are exempt from execution under section 52-361a
(C.G.S. ~352b(n))
7_ An awar under a crime reparations act. (C.G.S. 52-352b(o))
3, All bene l allowed by any association of persons in this state towards the support of any of its members incapacitated by sicl iqfjmjity _. attending to his usual business; and all monies due the debtor from any insurance company upon any insurance pong i
issued o exempt property, to the same extent that the property was exempt. (C.G.S. 52-352b(p), (qj)
9_ Any inter t of the judgment debtor in any property not to exceed in value one thousand dollars- (C.G.S. § 52-352b(r})
10. lrrevoca transfers of money to an account held by a bona ride nonprofit debt adjuster licensed pursuant to sections 36a—655 to i
Bea-665, ` ctusive, ofthe general statutes for the benefit of creditors ofthe judgment debtor. (C.G.S. 52-aszbrnj) i
11 _ There ‘m _ be other laws or regulations of this state or of the United States which set forth additional exemptions. l
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*T he following » that part of C.G.S. 52-36la which denotes what portion- of wages is exempt .frr§m execution:
The maxim part of the aggregate weekly earnings of an individual which may be subjectilo levy or other withholding for payment Or
judgment is th lesser of (1) twenty—live percent of his disposable earnings lorlhal week, or (2) the amount by which his disposable
earnings for th _ week exceed forty times the higher of (A) the minimum hourly wage prescribed by Section 6(a}(1) of the Fair Labor
Standards Act 1938, U. S. C. tit. 29, Section 206(a)(1), or (B), the full minimum fair wage established by subsection (j) of Section 31-58, I
effect at the ti ` - the eamings are payable. I
C.G. S. 52-3 ' a(4) defines "disposable earnings" as that part ofthe earnings of an individual remaining alter the deduction from those
earnings of am nts required to be withheld for payment of federal income and employment taxes, normal retirement contributions, union i
dues and initiafi fees, group life insurance premiums, health insurance premiums, federal tax levies, and state income tax deductions i
authorized purs nt to C.G.S. 12-34b. . . X
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TO B KING INSTITUTION TO CLERK i
‘l. Complete s ion ll of this form and send 2 1. Attach this form to each bank execution issued in a civil or family matter
copies of th form and the bank execution against a judgment debtor that is a natural person. I
form to the j gment debtor pursuant to 2. Deliver the execution along with this form to the judgment creditor
section 52- _ 7b of the General Statutes. requesting the execution. _
, 3. If judgment debtor completes and returns this form claiming an
2. lf this claim ; exemption is returned ` exemption, enter the appearance ofthe judgment debtor with address
completed, ‘ Q out section V of this form and set forth on reverse. I i ‘
mail, within r o business days, to the issuing 4. Set matter down for short calendar hearing.
clerics office t the address of court 5. Complete section VI below. . 3
indicated on ,| e front side. See additional 6. Send tile-stamped copy of this fom1 to judgment debtor and judgment
instructions · j the bank execution form. creditor. · l
I1 7. After hearing, send copy of any order entered to the banking institution.
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DATE cuurrr Recs l oars uluuzo ro counr ruiur; or arurx orrrcsn mtepuoue no. I
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§§§3QLiiM.- » s *rr ‘ a `tlbftcE?Et§‘.l~tYtidG`iit`EHildeiiif€ii*i'iiA'tSi_dltiIl®HE`tiTife®diiibfii’ ' it i
The assets in di 1`• ute are being held lor (1) forty~hve days from the date the exemption claim form was received by the banking institution
designated on th front of this form or (2) until disposition is ordered by the court at a hearing to be held at short calendar on the date set r
forth below, whi ver occurs earlier.
DATE OF HEARING H TIME or Heptnruo G A M SIGNED (Assis1anlClerlrJ DME SIGNED
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The Courtfltrlagist te, having held a hearing to determine the issues raised by this claim, hereby orders that;
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