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#** FILED: BROWARD COUNTY. FL HOWARD FORMAN, CLERK 10/2/2013 10:05:37 AM.*#**
Electronically Filed 10/02/2013 10:05:37 AM ET
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
BRIDGEVIEW BANK GROUP,
Plaintiff,
vs. Case No. CACE12033241
Div. 05
WACLAW “WALLY” CILULKO, et al,
Defendants.
And
CITIBANK, N.A.
Garnishee.
/
NOTICE OF GARNISHEE’S ANSWER AND OF RIGHT TO MOVE
TO DISSOLVE WRIT OF GARNISHMENT
NOTICE IS HEREBY GIVEN BY PLAINTIFF AS FOLLOWS:
Ll. That on October 1, 2013 Garnishee CITBANK, N.A. served an Answer to
the Writ of Garnishment served on Garnishee CITIBANK, N.A. a copy of
which is attached hereto as Exhibit “A”.
2. That you must to dissolve the Writ of Garnishment within 20 days after the
date indicated on the certificate of service in this notice if any allegation in
the plaintiff's motion for Writ of Garnishment is untrue.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was
emailed this xX day of October, 2013 to loui
sini@arlaw.com,
ServeARTampa@arlaw.com and vicki.melone@arlaw.com, counsel for CITIBANK,
1
ougeve26-2N.A. and by US Mail upon Wally Cilulko, 1586 NE 34" St., Oakland Park, FL 33334.
ENGLANDER FISCHER
FpN ats SP
BEATRIZ SANCHEZ
FBN 42119/ SPN 03191730
bsanchez@eflegal.com
72\ First Avenue North
St. Petersburg, FL 33701
(727) 898-7210 / Fax: (727) 898-7218
Attorneys for Plaintiff
00367626-1 2Electronically Filed 10/01/2013 04:08:40 PM ET
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN
AND FOR BROWARD COUNTY, FLORIDA
CIVIL DIVISION
BRIDGEVIEW BANK GROUP,
Plaintiff,
vs. Case No.: CACE12033241
WACLAW “WALLY” CILULKO, et al.,
Defendants,
and
CITIBANK, N.A.,
Garnishee.
/
ANSWER OF GARNISHEE, CITIBANK, N.A., TO
WRIT OF GARNISHMENT; DEMAND FOR GARNISHEE’S
ATTORNEYS’ FEES
Garnishee, CITIBANK, N.A., by and through its undersigned attorneys, and
pursuant to Chapter 77, Florida Statutes, files this answer (hereafter “Answer”) to the
Writ of Garnishment dated September 18, 2013, having been served by Plaintiff on
September 20, 2013, and states:
1. According to the records of CITIBANK, N.A., it was not indebted to the
Defendant, WACLAW CILULKO, (hereafter “Defendant”) at the time of the service of
the Writ, or at the time of this Answer, or at any time between such times, except as
follows:
(a) Account No.: *****—, Tide: WACLAW CILULKO, Address: 1415
W. AUGUSTA BLVD, CHICAGO, IL 60642-3941, Available Balance: $2.72.
31381770_1 doc(b) Account No.: *******— Title: WACLAW CILULKO_ ITF
JAQUELINE A. CILULKO, Address: 1415 W. AUGUSTA BLVD CHICAGO, IL
60642-3941, Available Balance: $.33.
(c) Account No.: ******—, Titles WACLAW CILULKO, Address: 1415
W. AUGUSTA BLVD CHICAGO, IL 60642-3941, Available Balance: $585.77.
2. Pursuant to Section 77.06, Florida Statutes, CITIBANK, N.A., has
retained the funds referenced above subject to disposition as provided by Chapter 77,
Florida Statutes.
3 Pursuant to Title 31, Part 212 of the Code of Federal Regulations,
CITIBANK, N.A. has duly examined the above referenced account(s) for protected
Federal Benefit Payments and has identified no such protected benefit payments.
4, Except for the account(s) identified above, CITIBANK, N.A. is not
otherwise indebted to the Defendant at the time of this Answer nor was it indebted to said
Defendant at the time of service of the Writ of Garnishment or at any time between said
service and the time of this Answer.
5. Except for the accounts identified above, CITIBANK, N.A. has no other
tangible or intangible personal property of the Defendant in its possession or control at
the time of this Answer nor at the time of service of the Writ of Garnishment or at any
time between said service and the time of this Answer.
6. Except for the address(es) identified above, CITIBANK, N.A. does not
have knowledge of any other address for the Defendant. CITIBANK, N.A. does not have
knowledge of any other person indebted to the Defendant or who may be in possession or
control of any property of the Defendant.
31381770_1.dac7. Except as noted in the title of the account(s) identified above, CITIBANK,
N.A. is unaware of any other person who has or appears to have an ownership interest in
any property of the Defendant.
8. CITIBANK, N.A. has retained the undersigned attorneys and is obligated
to pay the same a reasonable fee for their services in response to the Writ of
Garnishment. CITIBANK, N.A. is entitled to their attorneys’ fees and costs in this action
pursuant to Chapter 77, Florida Statutes.
DEMAND FOR GARNISHEE’S ATTORNEYS’ FEES
Garnishee, CITIBANK, N.A., by and through its undersigned attorneys, and
pursuant to Section 77.28, Florida Statues, hereby demands for payment of the one-
hundred dollars ($100.00) deposited by Garnishment Plaintiff into the registry of the
court prior to the issuance of the Writ of Garnishment in this action, and reserves its right
for further application of attorneys’ fees and costs incurred in this matter.
NOTICE TO CLERK:
Please make your check payable to: Adams and Reese LLP.
31381770_1.docCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via
jee OcrbeY
electronic mail this ~ day of September, 2013 to Jason M. Ellison, Esquire, 721 First
Avenue, North St. Petersburg, Florida 33701 (jellison@eflegal.com).
ADAMSAND REESE LLP.
7 “Louis M. Ursini, I]
~~ Florida Bar No. 355940
Primary: Louis.Ursini@arlaw.com
Secondary: ServeARTampa@arlaw.com
Secondary: Vicki.Melone@arlaw.com
Christopher Roach
Florida Bar No. 0049033
101 East Kennedy Blvd., Suite 4000
Tampa, Florida 33602
Tel: 813-402-2880
Fax: 813-402-2887
Attorney for Garnishee, Citibank, N.A.
Ve
31381770_I.doc
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#** FILED: BROWARD COUNTY. FL HOWARD FORMAN, CLERK 10/2/2013 10:05:37 AM.*#** Electronically Filed 10/02/2013 10:05:37 AM ET IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION BRIDGEVIEW BANK GROUP, Plaintiff, vs. Case No. CACE12033241 Div. 05 WACLAW “WALLY” CILULKO, et al, Defendants. And CITIBANK, N.A. Garnishee. / NOTICE OF GARNISHEE’S ANSWER AND OF RIGHT TO MOVE TO DISSOLVE WRIT OF GARNISHMENT NOTICE IS HEREBY GIVEN BY PLAINTIFF AS FOLLOWS: Ll. That on October 1, 2013 Garnishee CITBANK, N.A. served an Answer to the Writ of Garnishment served on Garnishee CITIBANK, N.A. a copy of which is attached hereto as Exhibit “A”. 2. That you must to dissolve the Writ of Garnishment within 20 days after the date indicated on the certificate of service in this notice if any allegation in the plaintiff's motion for Writ of Garnishment is untrue. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was emailed this xX day of October, 2013 to loui sini@arlaw.com, ServeARTampa@arlaw.com and vicki.melone@arlaw.com, counsel for CITIBANK, 1 ougeve26-2N.A. and by US Mail upon Wally Cilulko, 1586 NE 34" St., Oakland Park, FL 33334. ENGLANDER FISCHER FpN ats SP BEATRIZ SANCHEZ FBN 42119/ SPN 03191730 bsanchez@eflegal.com 72\ First Avenue North St. Petersburg, FL 33701 (727) 898-7210 / Fax: (727) 898-7218 Attorneys for Plaintiff 00367626-1 2Electronically Filed 10/01/2013 04:08:40 PM ET IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION BRIDGEVIEW BANK GROUP, Plaintiff, vs. Case No.: CACE12033241 WACLAW “WALLY” CILULKO, et al., Defendants, and CITIBANK, N.A., Garnishee. / ANSWER OF GARNISHEE, CITIBANK, N.A., TO WRIT OF GARNISHMENT; DEMAND FOR GARNISHEE’S ATTORNEYS’ FEES Garnishee, CITIBANK, N.A., by and through its undersigned attorneys, and pursuant to Chapter 77, Florida Statutes, files this answer (hereafter “Answer”) to the Writ of Garnishment dated September 18, 2013, having been served by Plaintiff on September 20, 2013, and states: 1. According to the records of CITIBANK, N.A., it was not indebted to the Defendant, WACLAW CILULKO, (hereafter “Defendant”) at the time of the service of the Writ, or at the time of this Answer, or at any time between such times, except as follows: (a) Account No.: *****—, Tide: WACLAW CILULKO, Address: 1415 W. AUGUSTA BLVD, CHICAGO, IL 60642-3941, Available Balance: $2.72. 31381770_1 doc(b) Account No.: *******— Title: WACLAW CILULKO_ ITF JAQUELINE A. CILULKO, Address: 1415 W. AUGUSTA BLVD CHICAGO, IL 60642-3941, Available Balance: $.33. (c) Account No.: ******—, Titles WACLAW CILULKO, Address: 1415 W. AUGUSTA BLVD CHICAGO, IL 60642-3941, Available Balance: $585.77. 2. Pursuant to Section 77.06, Florida Statutes, CITIBANK, N.A., has retained the funds referenced above subject to disposition as provided by Chapter 77, Florida Statutes. 3 Pursuant to Title 31, Part 212 of the Code of Federal Regulations, CITIBANK, N.A. has duly examined the above referenced account(s) for protected Federal Benefit Payments and has identified no such protected benefit payments. 4, Except for the account(s) identified above, CITIBANK, N.A. is not otherwise indebted to the Defendant at the time of this Answer nor was it indebted to said Defendant at the time of service of the Writ of Garnishment or at any time between said service and the time of this Answer. 5. Except for the accounts identified above, CITIBANK, N.A. has no other tangible or intangible personal property of the Defendant in its possession or control at the time of this Answer nor at the time of service of the Writ of Garnishment or at any time between said service and the time of this Answer. 6. Except for the address(es) identified above, CITIBANK, N.A. does not have knowledge of any other address for the Defendant. CITIBANK, N.A. does not have knowledge of any other person indebted to the Defendant or who may be in possession or control of any property of the Defendant. 31381770_1.dac7. Except as noted in the title of the account(s) identified above, CITIBANK, N.A. is unaware of any other person who has or appears to have an ownership interest in any property of the Defendant. 8. CITIBANK, N.A. has retained the undersigned attorneys and is obligated to pay the same a reasonable fee for their services in response to the Writ of Garnishment. CITIBANK, N.A. is entitled to their attorneys’ fees and costs in this action pursuant to Chapter 77, Florida Statutes. DEMAND FOR GARNISHEE’S ATTORNEYS’ FEES Garnishee, CITIBANK, N.A., by and through its undersigned attorneys, and pursuant to Section 77.28, Florida Statues, hereby demands for payment of the one- hundred dollars ($100.00) deposited by Garnishment Plaintiff into the registry of the court prior to the issuance of the Writ of Garnishment in this action, and reserves its right for further application of attorneys’ fees and costs incurred in this matter. NOTICE TO CLERK: Please make your check payable to: Adams and Reese LLP. 31381770_1.docCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via jee OcrbeY electronic mail this ~ day of September, 2013 to Jason M. Ellison, Esquire, 721 First Avenue, North St. Petersburg, Florida 33701 (jellison@eflegal.com). ADAMSAND REESE LLP. 7 “Louis M. Ursini, I] ~~ Florida Bar No. 355940 Primary: Louis.Ursini@arlaw.com Secondary: ServeARTampa@arlaw.com Secondary: Vicki.Melone@arlaw.com Christopher Roach Florida Bar No. 0049033 101 East Kennedy Blvd., Suite 4000 Tampa, Florida 33602 Tel: 813-402-2880 Fax: 813-402-2887 Attorney for Garnishee, Citibank, N.A. Ve 31381770_I.doc