Free Motion for Writ of Entry - District Court of Colorado - Colorado

Case 1:04-cv-00130-EWN-BNB

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Filed 07/26/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04- N ­130 (BNB)

GEORGIA A. GUECK Plaintiff,

DIANNE E. RASTALLIS and DIANNE RASTALLIS AS THE EXECUTRIX OR NEXT FRIEND OF THE ESTATE OF WILLENA DAWN HAMBY, DECEASED Defendants.

FIRST APPLICATION FOR POST JUDGMENT WRIT OF GARNISHMENT

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Georgia A. Gueck, Plaintiff, and makes application for the issuance of a postjudgment Writ of Garnishment against Citizens Bank of Massachusetts, Garnishee, and would show the following: I. 1. Citizens Bank of Massachusetts is a financial institution which may be served by

serving its principal place of business at 28 State Street, Boston MA 02109.

FIRST APPLICATION FOR POST JUDGM ENT W RIT OF GARNISHM ENT

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Case 1:04-cv-00130-EWN-BNB

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II. 2. A non-appealed, final judgment in this case exists against judgment Debtor Dianne

E. Rastallis. On November 23, 2004, this Court entered judgment against Dianne E. Rastallis in the amount of $1,681,932.00, such sum accruing interest at the federal judgment rate per annum from November 23, 2004 until paid. Currently, such unpaid judgment principal is in excess of $1,500,000.00, plus interest, as of December 30, 2004. The Order granting judgment is attached hereto and incorporated by reference as Exhibit 1. Such judgment is wholly due and unpaid. III. 3. Judgement Debtor, Dianne E. Rastallis, does not have in her possession property

within the State and subject to execution that is sufficient to satisfy the above-described claim, to the Plaintiff's personal knowledge. This garnishment is not sought to injure the Debtor Dianne E. Rastallis or the garnishee, Citizens Bank. IV. 4. Plaintiff has knowledge that Citizens Bank has on deposit funds available for

withdrawal by Judgment Debtor, Dianne E. Rastallis. Specifically, garnishee has in its possession property of judgment Debtor Dianne E. Rastallis, in the form of a checking account, which exceeds the sum of $11,000.00. V. 5. This application is supported by the Affidavit of Georgia A. Gueck, a person having

knowledge of the relevant facts. Said Affidavit is attached hereto as Exhibit 2 and incorporated by reference as if set forth verbatim herein.

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VI. 6. The last known address of judgment debtor is Dianne E. Rastallis, 30 Sheldon Street,

Milton, MA 02186-5417. WHEREFORE, Plaintiff requests the Writ of Garnishment be issued as above described, and the Plaintiff have judgment against garnishee to satisfy the claim above mentioned as provided by law, together with all cost of court incurred herein, and such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, OLSON NICOUD & GUECK, L.L.P. 1201 Main Street, Suite 2470 Dallas, Texas 75202 (214- 979-7300) Telephone (214) 979-7301) Facsimile

By:

/s/ Jay L. Gueck Jay L. Gueck Colorado State Bar No. 08566800 ATTORNEY FOR GEORGIA A. GUECK

CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing First Application for Post Judgment Writ of Garnishment was served upon: Citizens Bank of Massachusetts At its Principal Place of Business 28 State Street Boston MA 02719 via Sheriff's Writ Enforcement Deputy, and via certified mail, return receipt requested on the _______day of July, 2005.

/s/ Jay L. Gueck Jay L. Gueck

FIRST APPLICATION FOR POST JUDGM ENT W RIT OF GARNISHM ENT

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