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Home My WebLink AboutLeeper Electric ServicesSTATE OF INDIANA ) IN THE HANCOCK CIRCUIT COURT SS: COUNTY OF I-IANCOCK ) CAUSE NUMBER: 30001-9703-CP-76 LEEPER ELECTRIC ) SERVICES, CO. INC. ) Plaintiff, ) vs. ) CITY OF CARMEL, et al. ) Judgment Defendants. ) ORDER TO APPEAR IN COURT TO JUDGMENT DEFENDANT The Plaintiff has shown to the Court that Plaintiff is the owner of a judgment obtained in this Court against the City of Carmel the Judgment Defendant; on which there is now due the principal sum of $1,343,432.00 plus post judgment interest and costs. And the Plaintiff has moved this Court for an order requiring the City of Carmel by its Chief Financial Officer or the Mayor, to appear in this Court and answer as to.your assets, profits and other property which can be applied toward satisfaction of this. judgment. THE COURT NOW ORDERS the City of Carmel by its chief financial officer to appear personally in i Court at the Court's address set forth on the next page on the day of r,7 c _ at /'y o'clock +i, to answer as to assets, profits and other property which are available to satisfy this judgment. Failure to comply with this Order to Appear may result in punishment for contempt of Court. NOTICE OF CERTAIN EXEMPTIONS AND YOUR RIGHT TO.A.PROMPT ]BEARING It may be that the Plaintiff has or will give notice to your bank or other persons holding. property or assets for you of 'the intent?to put.a hold on certain accounts.held by you; either individually or jointly with anoiher' person, including, but no' limited to 'bank; share, and credit union accounts. Under` Indiana law, this notice may already liave,resulted in the, placing of a hold on those accounts. UNDER FEDERAL AND STATE LAW, CERTAIN FUNDS ARE-EXEMPT' FROM GARNISHMENT. THIS MEANS THAT-THESE FUNDS MAY NOT BE? TAKEN BY CREDITORS EVEN 'IF' THEY HAVE; BEEN DEPOSITED INTO YOUR ACCOUNTS. SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME; VETERANS BENEFITS, CEkTAINDISABILITY`PENSION, BENEFITS, AND BENEFITS•UNDER?ANY PENSION PAID FR'OM:A:.TRUST`QUALIFIED UNDER THE EMPLOYEE RETIREME.NT'-INCOME SECURITY. ACT OF 1974 CANNOT BETAKEN. THERE MAY BE OTHER EXEMPTIONS UNDER STATE OR FEDERAL. LAW: IF YOU OR ANOTHER PERSON WHO MAINTAINS A JOINT ACCOUNT' WITH YOU BELIEVE THAT ALL OR SOME OF THE FUNDS IN THESE ACCOUNTS ARE EXEMPT, YOU OR YOUR JOINT DEPOSITOR ARE ENTITLED TO A PROMPT IJEARING.,IN THIS COURT TO PRESENT EVIDENCE TO,ESTABL.ISH EXEMPTIONS AND TO SEEKREMOVAL-OE THRHOED. SEE NEXT Pr1GE FOR•AIIDITIONAL IMPORTANT-INFORMATION_ CONCERNING YOUR EiEM PTION ANU OTHER RIGHTS To obtain such a hearing,. fill in, the form marked ",Exemption Claim and '.Requesi for Hearing." attached hereto acid return;it.to this Court either by mail-or by personally bringing it to the Court. A copy of that form should also.besent -to.Plaintiffs attorney or to the Plaintiff, if the Plaintiff-is not represented by'an attorney„at the,address set forth on the-next page. A prompt heahng,,.Will be scheduled. by the Court as,soon.as,possible,'byt.generally no later than 5 days (excluding Saturdays, Sundays, and legal holidays) after the completed form is received`by the.Court. Please call the Court at -court, phone_» to find:out when"the healing is scheduled. When calling the Court„please, have the, cause number. handy, The cause number is located on the first; page of this document at the ;top of the right-hand side. After the hearing; the Court swill decide wlietherall, or part of the funds in each account. on which -a hold has been placed or other accounts in :which you have an interest.maybe taken by the Plaintiff. If `a joint depositor or you do not request an early hearing, there win be a, hearing at' the time when you are-ordered ;to appear. At that hearing, you and:a joint depositor are entitled to assert any exemptions: However, if a,joint depositor. or you do not request an early. hearing, each account: on which a hold has been placed may not be released' until the time you are ordered to appear.. Dated: 7 ?? ?U? ,Ho K Richard.D. Culver Judge, Hancock Circuit Court, (The following manner of service,of this, order is-hereby designated X Registered or certified mail Service on the Chief Financial Officer Square, Carmel;;IN 46032=2584 or the Mayor of the,City-of Carmel at I Civic CLERK"S CERTIFICATE OF MAU.I:VG` I.hereby certify that.on-the day 'of 2004, I mailed a copy of the Order to Appear to defendant, City of Carmel, c/o the Chief Financial Officer or.the;Mayor, 1 Civic Square; Carmel„IN 46032-2584 by Certified United States Mail, requesting a' return receipt, at the address f tinislied. by the plaintiff: Dated: Clerk, Hancock County Circuit Court Deputy RETURN QN.SERVICE ^OF` ORDER TO APPEAR Thereby certify:that,the attached return receipt was received by me_showing that; (1) The Ordei, to Appear.mailed to Defendant City of Carmel was accepted by the-Defendant on (2) The attached return receipt was received by •me: showing that the Order to Appear mailed to Defendant City of Curnel_was;accepted.by on behalf of •said Defendant on (3) The attached return receipt was received by me showing the Order to Appear was;returned not accepte&on Clerk Hancock County Circuit Court MCNAMAR &-ASSOCIATFS I I I Monument Circle, Suite 3350 P.O. Box 1883 Indi.anapolis,dN 46206-1883 Telephone: (317) 630-3350 Fax: (317) 632-3353 DeputyDavid •F. McNamar Michael J. Tosick Five Court. House-Plaza Greenfield, In. 46140 Telephone: (317) 462-3455' Fax: (317) 462-7137 f STATE OF INDIANA ). ? •SS COUNTY OF HA.NCOCK ) LEEPER ELECTRIC SERVICES, CO.- NC: Plaintiff, V5: CITY OF CARMEL, et al. Judgment:Deferidants. IN THE HANCOCK CIRCUIT COURT CAUSE. N UMDER: 30C01-9703-CP-76 INTERROGATORIES To the Chief Financial 0-1frcer or 'the Mayor of the City of Carmel; .Iudgmeni Defendant: 1. State the `cofaect name, of all financial insdtution with which you do business and have money deposits. Answer: 2. Do you.have, on deposit with your frnancial :institution„or'any or its branches, any type of deposit account (which includes a -share; shazedraft, share. certificate, ;draft, certificate of deposit, savings, checking, money market, transaction, time-;deposit; savings deposit or.any similar accoutltl to the cr?dit,,of the City of Carmel. Answer: Yes No 3. Give the following information for each of the accotints of the Judarneiit Defendant(s): City of Carmel Name(s) on Account Name(s) on, Account Amount of Deposit Amount of Deposit Address of Record Address of Record Type of Account Type of Account 4. To the hest of your knowledge, state whether there are any liens or holds in effect as to any of aforementioned accounts and, if so, states the nature of the restriction and the amount. Answer: I AFFIRM, UNDER PENALTIES FOR PERJURY, THAT THE FOREGOING REPRESENTATIONS ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. Dated: Signature Printed Name Title/Position Return your answers to these interrogatories within 30 days to: David F. McNamar MCNAMAR & ASSOCIATES 111 Monument Circle, Suite 3350 P.O. Box 1883 Indianapolis, IN 46206-1883 Michael J. Tosick Five Court House Plaza Greenfield, In. 46140 David F. Mcli/amar, Attorney for CERTIFICATE OF SERVICE I hereby certify the a copy of these interrogatories has been sent to, each.of the following persons at the addresses shown below by depositing the same in the United States Mail, for First Class delivery this 12? day of July, 2004. David Honig Hall, Render, Killian, Heath & Lyman, P.S.C. One American Square, Suite 2000, Box' 82064 Indianapolis, In. 46282 F. Mcp(amar, Attomey.for Plaintiff _ David F. McNamar MCNAMAR & ASSOCIATES 111 Monument Circle,.Suite 3350 P.O. Box 1883 Indianapolis, IN 46206-1883 Telephone: (317) 630-3350 Fax: (317) 632-3353 Michael J. Tosick Five Court House Plaza Greenfield, In. 46140 Telephone: (317) 462-3455 Fax: (317) 462-7137