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  • ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC PERSONAL INJURY-AUTO document preview
  • ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC PERSONAL INJURY-AUTO document preview
  • ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC PERSONAL INJURY-AUTO document preview
  • ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC PERSONAL INJURY-AUTO document preview
  • ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC PERSONAL INJURY-AUTO document preview
  • ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC PERSONAL INJURY-AUTO document preview
  • ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC PERSONAL INJURY-AUTO document preview
  • ORTEGA, ESTELA (INDIVIDUALLY AND AS NEXT FRIEND OF vs. WASTE MANAGEMENT INC PERSONAL INJURY-AUTO document preview
						
                                

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WASTE MANAGEMENT OF TEXAS, INC. § INTHE DISTRICT COURT OF VS. HARRIS COUNTY, TEXAS BANK OF AMERICA, NA. 80 JUDICIAL DISTRICT PLAINTIFF WASTE MANAGEMEN APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT TO THE HONORABLE JUDGE OF THIS COURT: ment of Texas, Inc. (hereinafter “Plaintiff” or “Waste Management”), applies to this t against BANK OF AMERICA, N.A. (sometimes referred to as “Gamishee”) PARTIES Plaintiff Waste Management of Texas, Inc. is The judgment debtor whose ri Roth) (hereinafter “Debtor”) and he may be served at his resi Garnishee Bank of America, N.A., (“Bank Bank of America may be served with process by serving C T Corporation System at 1999 Bryan GROUNDS FOR WRIT OF GARNISHMENT On or about April 16, 2013, the 80 District Court of Harris County, Texas, rendered a final judgment on behalf of Plaintiff and against Debtor in Docket No. 2010-11656, entitled Estela Ortega, Individually and as Next Friend of Britney Ortega and Jose Ortega v. Waste Management, Inc., Waste Management of Texas, Inc. d/b/a Waste Management Houston Metro and Filiberto Cardenas. In said case, Plaintiff was a defendant and brought a third-party claim against Debtor. As a result, Plaintiff obtained and now has a personal judgment against Debtor in the amount of $96,463.00 for actual and exemplary damages, $251.00 in court costs, and post-judgment interest at 5% running from April 16, 2013 (collectively the “Judgment”). As of April 9, 2014, the amount of the Judgment equals $101,453.63. This Judgment is now in all things final, valid, and subsisting, and it is entirely unsatisfied. A true and correct copy of the Final Judgment is attached as Exhibit “A” and incorporated herein by reference. An abstract of this judgment has been filed in copy of the Abstract of Judgment is attached as Exhibit “B” and incorporated herein by reference. To the best of Plaintiff's knowledge, Debtor does not possess property in Texas sufficient to satisfy the above described Judgment. Garnishment is not sought to injure either the Debtor Plaintiff has reason to believe, and does believe, that Garnishee Bank of America is indebted to Debtor or has in its hands assets belonging to Debtor deposited in multiple accounts with Garishee Bank of America. Plaintiff's belief is based upon an investigation performed by Texas Investigation Network, Inc., a true and correct copy of which is attached hereto as Exhibit “C” and incorporated herein by reference. Debtor's social security number has PRAYER FOR RELIEF This application is supported by the attached affidavit of Mark Deaton, who has personal knowledge of the relevant facts. Plaintiff Waste Management of Texas, Inc. requests (1 Court issue a Writ of Garnishment After Judgment against Gamishee; (2) that Plaintiff have judgment against Garnishee to satisfy the Judgment against Debtor Anastasios C. Roth (aka Tasi Roth) as provided by law, together with all costs of court; and (3) such other relief to which Plaintiff may be justly entitled. Respectfully submitted, LLP B. Lee Wertz State Bar No.00797796 Mark Deaton State Bar No. 24069588 mark.deaton@ harrisonbettis.com (713) 843-7901 (facsimile) ATTORNEY S FOR DEFENDANT WASTE MANAGEMENT OF TEXAS, INC CAUSE NO. 2010-11656 WASTE MANAGEMENT OF TEXAS, INC. § IN THE DISTRICT COURT OF Plaintiff § § § VS. § HARRIS COUNTY, TEXAS § BANK OF AMERICA, N.A. § Garnishee § 80" JUDICIAL DISTRICT AFFIDAVIT OF MARK DEATON THE STATE OF TEXAS § § COUNTY OF HARRIS § Before me, the undersigned authority, on this day personally appeared Mark Deaton, a person known to me, who after being duly sworn on his oath, says and deposes as follows: “My name is Mark Deaton, and I am over 18 years of age, of sound mind, and capable of making this affidavit. I am WASTE MANAGEMENT OF TEXAS, INC.’s attorney in the above entitled and numbered cause. I have read the foregoing Application for Writ of Garnishment After Judgment and know the contents thereof. The facts stated therein are within my personal knowledge and the same are, in all respects true and correct he RK DEATON Subscribed and sworn before me, the undejéigned authority, on this the Qth day of My { Ot) - 2014. aud i, STACEY L MY COMMISSION EXPIRES 26, 2015 State of Texas My Commission expires Ju ly Le DIB