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CAUSE NO.
PARISH EPISCOPAL SCHOOL, § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § 160" JUDICIAL DISTRICT
§
WILLIAM JUNK, §
§
Defendant, §
§
v. §
§
BANK OF AMERICA, §
NATIONAL ASSOCIATION, §
§
Garnishee. § DALLAS COUNTY, TEXAS
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW TEMPO MECHANICAL SERVICES, INC., Plaintiff, and files this its
Application for Writ of Garnishment After Judgment against BANK OF AMERICA, NATIONAL
ASSOCIATION, and would show the Court as follows:
I.
Plaintiff is a Texas nonprofit organization with its principal place of business in Dallas
County, Texas.
Garnishee Bank of America, National Association is banking association which can be served
with the writ of garnishment by serving its registered agent, CT Corporation System, 350 North St
Paul Street, suite 2900, Dallas, Texas 75202.
Defendant/Judgment Debtor Defendant William Junk can be served with process by serving
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 1
N\pschurr\Parish Episcopal\6985.105 Junk\garnish\application. wpdhim at is 1518 Pebble Creek Drive, Coppell, Texas, pursuant to Rule 21 of the Texas Rules of Civil
Procedure.
I.
Plaintiff is the owner and holder of a valid and unsatisfied judgment against Defendant
William Junk (the “Defendant” or “Judgment Debtor”) entered on March 13, 2014 in the case styled
Parish Episcopal School v. William Junk, in the 160" Judicial District for Dallas County, cause No.
DC-13-14435-H in the amount of SIXTY ONE THOUSAND TWO HUNDRED EIGHTY-EIGHT
AND 40/100s DOLLARS ($61,288.40) with postjudgment interest at five percent per annum
compounded annually from the date of the signing of the judgment until paid (the “Judgment”).
Such Judgment is recorded in the minute books of this Court.
TIL.
Judgment Debtor does not possess, within Affiant’s knowledge, property in Texas subject
to execution sufficient to satisfy the Judgment. The garnishment applied for is not sued out to injure
the Defendant or the Garnishee.
Iv.
Plaintiff has reason to believe and does believe that Garnishee is indebted to Defendant or
has on hand effects belonging to Defendant.
Vv.
Plaintiff is entitled to the issuance of a writ of garnishment on the grounds stated in the
attached affidavit which is attached hereto and incorporated herein for all purposes.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that a writ of garnishment be
issued to the Garnishee commanding it to appear and answer in accordance with law concerning any
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 2
N:\pschurr\Parish Episcopal\6985.105 Junk\garnish\application.wpddebts owed to or property or effects of the Defendant and for such other relief as is just and proper.
Respectfully submitted this the 14" day of April, 2014.
SCHEEF & STONE, L.L.P.
2601 Network Boulevard
Suite 102
Frisco, Texas 75034
Telephone: 214.472.2100
aT 214.472.2150
a
iA [ ;
ov eflulh/L
Patrick J. Schurr
State Bar No. 17853530
ATTORNEYS FOR THE PLAINTIFF
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 3
N:\pschurr\Parish Episcopal\6985.105 Junk\garnish\application.wpdAFFIDAVIT
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME the undersigned authority, personally appeared Patrick J. Schurr, who being
by me duly sworn on his oath, deposed and stated:
1. “My name is Patrick J. Schurr. lam over the age of eighteen years. [have never been
convicted of a felony or a crime of moral turpitude. I have personal knowledge of the facts stated
herein. I am not disqualified by law from making this affidavit and am authorized and competent
to execute same.
2. Jam counsel for the Plaintiff, Parish Episcopal School, in the lawsuit styled on March
13, 2014 in the case styled Parish Episcopal School v. William Junk, in the 160" Judicial District
for Dallas County, cause No. DC-13-14435-H. In that lawsuit, Plaintiff obtained a judgment against
the Defendant William Junk (“Defendant”) in the amount of SIXTY ONE THOUSAND TWO
HUNDRED EIGHTY-EIGHT AND 40/100s DOLLARS ($61,288.40) with postjudgment interest
at five percent per annum compounded annually from the date of the signing of the judgment until
paid (the “Judgment”). Said Judgment is entered in the minute books of the Court.
3. Said Judgment is valid and unpaid.
4. Within my knowledge, Defendant does do not possess property in the state of Texas
subject to execution sufficient to satisfy a judgment which has been rendered against the Defendant.
The garnishment applied for is not sued out to injure the Defendant or the Garnishee.
5. Upon information and belief, Garnishee Bank of America, National Association has
property belonging to the Defendant or is indebted to Defendant by reason of one or more accounts
in which the Garnishee holds property of the Defendant.
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 4
N:\pschurr\Parish Episcopal\6985.105 Junk\garnish\application.wpd6. Further Affiant sayeth not.”
iA
Patrick J. Schorr
SUBSCRIBED AND SWORN TO before me the undersigned Notary Public this the 14" day
of April, 2014, to certify which witness my hand and official seal.
NOTARY Wee IN AND'FOR
THE STATE OF TEXAS
[SEAL]
APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 5
N:\pschurr\Parish Episcopal\6985.105 Junk\garnish\application.wpd
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CAUSE NO. PARISH EPISCOPAL SCHOOL, § IN THE DISTRICT COURT § Plaintiff, § § v. § 160" JUDICIAL DISTRICT § WILLIAM JUNK, § § Defendant, § § v. § § BANK OF AMERICA, § NATIONAL ASSOCIATION, § § Garnishee. § DALLAS COUNTY, TEXAS APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW TEMPO MECHANICAL SERVICES, INC., Plaintiff, and files this its Application for Writ of Garnishment After Judgment against BANK OF AMERICA, NATIONAL ASSOCIATION, and would show the Court as follows: I. Plaintiff is a Texas nonprofit organization with its principal place of business in Dallas County, Texas. Garnishee Bank of America, National Association is banking association which can be served with the writ of garnishment by serving its registered agent, CT Corporation System, 350 North St Paul Street, suite 2900, Dallas, Texas 75202. Defendant/Judgment Debtor Defendant William Junk can be served with process by serving APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 1 N\pschurr\Parish Episcopal\6985.105 Junk\garnish\application. wpdhim at is 1518 Pebble Creek Drive, Coppell, Texas, pursuant to Rule 21 of the Texas Rules of Civil Procedure. I. Plaintiff is the owner and holder of a valid and unsatisfied judgment against Defendant William Junk (the “Defendant” or “Judgment Debtor”) entered on March 13, 2014 in the case styled Parish Episcopal School v. William Junk, in the 160" Judicial District for Dallas County, cause No. DC-13-14435-H in the amount of SIXTY ONE THOUSAND TWO HUNDRED EIGHTY-EIGHT AND 40/100s DOLLARS ($61,288.40) with postjudgment interest at five percent per annum compounded annually from the date of the signing of the judgment until paid (the “Judgment”). Such Judgment is recorded in the minute books of this Court. TIL. Judgment Debtor does not possess, within Affiant’s knowledge, property in Texas subject to execution sufficient to satisfy the Judgment. The garnishment applied for is not sued out to injure the Defendant or the Garnishee. Iv. Plaintiff has reason to believe and does believe that Garnishee is indebted to Defendant or has on hand effects belonging to Defendant. Vv. Plaintiff is entitled to the issuance of a writ of garnishment on the grounds stated in the attached affidavit which is attached hereto and incorporated herein for all purposes. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that a writ of garnishment be issued to the Garnishee commanding it to appear and answer in accordance with law concerning any APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 2 N:\pschurr\Parish Episcopal\6985.105 Junk\garnish\application.wpddebts owed to or property or effects of the Defendant and for such other relief as is just and proper. Respectfully submitted this the 14" day of April, 2014. SCHEEF & STONE, L.L.P. 2601 Network Boulevard Suite 102 Frisco, Texas 75034 Telephone: 214.472.2100 aT 214.472.2150 a iA [ ; ov eflulh/L Patrick J. Schurr State Bar No. 17853530 ATTORNEYS FOR THE PLAINTIFF APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 3 N:\pschurr\Parish Episcopal\6985.105 Junk\garnish\application.wpdAFFIDAVIT STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME the undersigned authority, personally appeared Patrick J. Schurr, who being by me duly sworn on his oath, deposed and stated: 1. “My name is Patrick J. Schurr. lam over the age of eighteen years. [have never been convicted of a felony or a crime of moral turpitude. I have personal knowledge of the facts stated herein. I am not disqualified by law from making this affidavit and am authorized and competent to execute same. 2. Jam counsel for the Plaintiff, Parish Episcopal School, in the lawsuit styled on March 13, 2014 in the case styled Parish Episcopal School v. William Junk, in the 160" Judicial District for Dallas County, cause No. DC-13-14435-H. In that lawsuit, Plaintiff obtained a judgment against the Defendant William Junk (“Defendant”) in the amount of SIXTY ONE THOUSAND TWO HUNDRED EIGHTY-EIGHT AND 40/100s DOLLARS ($61,288.40) with postjudgment interest at five percent per annum compounded annually from the date of the signing of the judgment until paid (the “Judgment”). Said Judgment is entered in the minute books of the Court. 3. Said Judgment is valid and unpaid. 4. Within my knowledge, Defendant does do not possess property in the state of Texas subject to execution sufficient to satisfy a judgment which has been rendered against the Defendant. The garnishment applied for is not sued out to injure the Defendant or the Garnishee. 5. Upon information and belief, Garnishee Bank of America, National Association has property belonging to the Defendant or is indebted to Defendant by reason of one or more accounts in which the Garnishee holds property of the Defendant. APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 4 N:\pschurr\Parish Episcopal\6985.105 Junk\garnish\application.wpd6. Further Affiant sayeth not.” iA Patrick J. Schorr SUBSCRIBED AND SWORN TO before me the undersigned Notary Public this the 14" day of April, 2014, to certify which witness my hand and official seal. NOTARY Wee IN AND'FOR THE STATE OF TEXAS [SEAL] APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT - PAGE 5 N:\pschurr\Parish Episcopal\6985.105 Junk\garnish\application.wpd