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No. JONS5/ an
WIN APR23 LIEU
IN THE DISTRICT COURT
NAMCO CLEANING SOLUTIONS, INC.
d/b/a Namco Dallas,
Plaintiff,
vs.
BANK OF AMERICA, N.A.,
DALLAS COUNTY, TEXAS
Garnishee,
vs.
KING LANDING APARTMENTS, LLC.
d/b/a Avalon Landing Apartments,
AMMMMNMAMNAMAMAMMMnAAa
Defendant. lol JUDICIAL DISTRICT
PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT
AFTER JUDGMENT
COMES NOW, NAMCO CLEANING SOLUTIONS, INC. d/b/a Namco Dallas
("Plaintiff") in the above-referenced and cause numbered action
complaining of BANK OF AMERICA, N.A. ("Garnishee") and for cause of
action files this Application for Writ of Garnishment After
Judgment and states to the Court the following:
I.
PARTIES
1.01 Plaintiff is NAMCO CLEANING SOLUTIONS, INC. d/b/a Namco
Dallas who hereby applies for a Writ of Garnishment after Judgment.
1.02 Garnishee is BANK OF AMERICA, N.A. who may be served with pre
legal process by and through: Jennifer Terry, its authorized
Assistant Manager, located at 850 W. Arapaho Road, Richardson
Texas 75080.
PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT1.03 Debtor is KING LANDING APARTMENTS#” LUC. d/b/a Avalon: oe
-
bandin Apartments’ may be served with legal process by and
through: Steve Dunn, its Registered Agent, «12801 North Central
Expressway, Suite 250, Dallas, Texas 75243.
-
Ir.
DISCOVERY CONTROL PLAN
2.01 Plaintiff alleges discovery is to be conducted under
level one (1) of the Discovery Control Plan.
III.
FACTS
3.01 Plaintiff has a valid, subsisting judgment against
Debtor.
3.02 The Judgment was entered on the 23rd day of March 2010,
in Cause No.: DCO9-14798-E, in the Dallas District Court, 101lst
Judicial District, Dallas County, Texas, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by
reference.
3.03 Plaintiff has reason to believe and does believe that
BANK OF AMERICA, N.A. ("Garnishee") has property belonging to KING
LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments ("Debtor")
or is indebted to Debtor by reason of one or more bank accounts,
including but not limited to Debtor's personal and business
checking and/or banking account (s).
PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT3.04 Within Plaintiff's knowledge and pursuant to STEVE HENRY,
DMJ Management, Agent for and on behalf of, KING LANDING
APARTMENTS, LLC. d/b/a Avalon Landing Apartments ("Debtor"):
"This property has been experiencing severe liquidity problems."
"I don't even have the 25 cents on the dollar any longer...
That deal is off the table as I don't have the funds
and I have to pay payroll."
"My account was already hit with several garnishments."
"No one is going to get paid."
"Wait until you see what happens.”
3.05 Therefore, KING LANDING APARTMENTS, LLC. d/b/a Avalon
Landing Apartments ("Debtor") does not possess property within the
state of Texas that is subject to execution and that is sufficient
to satisfy the judgment.
3.06 Furthermore, even in the event sufficient assets did
exist to satisfy the judgment, which are unknown to Plaintiff
according to Chief Deputy Robinson, Constable Precinct Number 2,
Tarrant County, Texas, "I lack sufficient deputies to work a writ
of execution on May 3, 2010, as I have several deputies on
vacation."
3.07 Accordingly, this garnishment is not brought to injure
either Debtor or Garnishee but so that justice may be done.
PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENTIv.
AFFIDAVIT
4.01 Plaintiff is entitled to the issuance of a Writ of
Garnishment After Judgment for the amount of said judgment in the
principal sum of Fifteen Thousand Eight Hundred Nineteen and
23/100ths Dollars ($15,819.23) plus post judgment interest at 5%
per annum on the grounds stated in the Affidavit attached hereto as
Exhibit "B" and incorporated herein by reference.
PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENTWHEREFORE, PREMISES CONSIDERED, NAMCO CLEANING SOLUTIONS, INC.
d/b/a Namco Dallas ("Plaintiff") prays this Court, upon final
hearing, grant Plaintiff's Application for Writ of Garnishment
After Judgment for the amount of said judgment in the principal sum
of Fifteen Thousand Eight Hundred Nineteen and 23/100ths Dollars
($15,819.23) plus post judgment interest at 5% per annum; that Writ
of Garnishment After Judgment issue; that judgment be rendered in
favor of Plaintiff and against BANK OF AMERICA, N.A. ("Garnishee")
to satisfy the prior judgment. Plaintiff further prays that it
have such other and further relief to which it may be entitled, at
law or in equity, including but not limited to reasonable and
necessary attorney's fees and costs of Court herein.
Respectfully submitted,
LAW OFFICE OF TIMOTHY G. PLETTA
150 Bethel Road
Coppell, Texas 75019
Telephone: (972) 462-0321
Facsimile: (972) 462-0465
ATTORNEY FOR PLAINTIFF,
NAMCO CLEANING SOLUTIONS, INC.
d/b/a Namco Dallas
ee
PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT Page SExhibit "A"NO.
DCO9-14798-E
NAMCO CLEANING SOLUTIONS, INC., IN THE DISTRICT COURT
d/b/a Namco Dallas,
Plaintiff,
vs. DALLAS COUNTY, TEXAS
KING LANDING APARTMENTS, LLC.
d/b/a Avalon Landing Apartments,
OAAnNnnannw
Defendant. 101 JUDICIAL DISTRICT
FINAL JUDGMENT
On March 23, 2010, came on the be heard NAMCO CLEANING
SOLUTIONS, INC. a/b/a Namco Dallas ("Plaintiff") Motion for Summary
Judgment and having considered the Motion, the Response, Objection
and Reply in Opposition made thereto, the Court granted Plaintiff's
Motion for Summary Judgment and awarded Plaintiff the relief sought
therein for unpaid invoices, attorney's fees, interest and costs,
thereby disposing of this matter in its entirety. Accordingly,
Plaintiff is entitled to Final Judgment.
It is therefore, ORDERED, ADJUDGED, AND DECREED, that NAMCO
INC, d/b/a Namco Dallas ("Plaintiff") recover
CLEANING SOLUTIONS,
judgment from KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing
Apartments ("Defendant") after all lawful offsets and credits, as
follows:
Principal claim in the amount of $10,458.37;
; ‘S$000=
2. Attorney's fees in the amount of + > as reasonable and
necessary attorney's fees through the trial court; $1,000.00
as reasonable and necessary attorney's fees in the event a
motion for new trial is scheduled for hearing, $5,000.00 as
Page 1reasonable and necessary attorney's fees in the event of an
appeal to the Fifth District Court of Appeals, $3,000.00 as
reasonable and necessary attorney's fees in the event a
hearing is set at the Fifth District Court of Appeals,
$2,500.00 as reasonable and necessary attorney's fees in the
event a motion for rehearing is filed at the Fifth District
Court of Appeals, $2,500.00 as reasonable and necessary
attorney's fees in the event a petition for review is filed at
the Supreme Court of Texas, $5,000.00 as reasonable and
necessary attorney's fees in the event a full briefing is
required at the Supreme Court of Texas, and $2,500.00 as
reasonable and necessary attorney's fees in the event a
hearing is scheduled at the Supreme Court of Texas;
Prejudgment interest in the amount of $360.86;
Post judgment interest at 5% per annum on all sums awarded
herein until paid;
All costs of Court; all writs of execution and other process
necessary to enforce and collect this judgment for which let
execution issue.
All relief requested not expressly granted herein is hereby
denied. This judgment disposes of all parties and all claims and
is appealable.
SIGNED and ENTERED this the 23 day of March, 2010.
JUDGE PRESIDINGAPPROVED AS TO FORM:
TIMOTHY G. PLETTA
State Bar No. 16071800
150 Bethel Road
Coppell, Texas 75019
ATTORNEY FOR PLAINTIFF,
NAMCO CLEANING SOLUTIONS,
d/b/a Namco Dallas
Telephone: (972) 462-0321
Facsimile: (972) 462-0465
INC.. EXHIBITB ©No.
NAMCO CLEANING SOLUTIONS, INC.
a/b/a Namco Dallas,
IN THE DISTRICT COURT
Plaintiff,
vs.
BANK OF AMERICA, N.A.,
DALLAS COUNTY, TEXAS
Garnishee,
vs.
KING LANDING APARTMENTS, LLC.
d/b/a Avalon Landing Apartments,
AMAIA MAIMAMMAMAMin
Defendant. JUDICIAL DISTRICT
AFFIDAVIT
THE STATE OF TEXAS §&
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned notary public, on this day
personally appeared Timothy G. Pletta, who being by me duly sworn
on his oath deposed and said:
"I am Plaintiff's attorney and authorized agent in this cause.
I have personal knowledge of the facts stated in this Affidavit,
and they are true and correct. I am authorized to make this
Affidavit and Application for Writ of Garnishment After Judgment.
"Plaintiff owns a judgment against KING LANDING APARTMENTS,
LLC. d/b/a Avalon Landing Apartments ("Debtor"), which was rendered
in the
on the 23rd day of March 2010, in Cause No.: DCO9-14798-E,
101st Judicial District,
Dallas District Court, Dallas County,
AFFIDAVIT Page 2Texas. The judgment is valid and subsisting, and a supersedes bond
has not been approved and filed to suspend execution of the
judgment .
"After all lawful offsets and credits, Fifteen Thousand Eight
Hundred Nineteen and 23/100ths Dollars ($15,819.23) plus post
judgment interest at 5% per annum and all costs of Court remains
due and unpaid on the judgment.
"Within my knowledge and pursuant to STEVE HENRY, DMJ
Management, Agent for and on behalf of, KING LANDING APARTMENTS V,
LLC. d/b/a Oak Valley Apartments ("Debtor"):
"This property has been experiencing severe liquidity problems."
"I don't even have the 25 cents on the dollar any longer...
That deal is off the table as I don't have the funds
and I have to pay payroll."
"My account was already hit with several garnishments."
"No one is going to get paid."
“Wait until you see what happens."
"Therefore, KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing
Apartments ("Debtor") does not possess property within the state of
Texas that is subject to execution and that is sufficient to
Therefore, this garnishment is not sought to
satisfy the judgment.
injure either Debtor or Garnishee, but so that justice may be done.
AFFIDAVIT"Purthermore, even in the event sufficient assets did exist to
Satisfy the judgment, which are unknown to me and to Plaintiff
according to Chief Deputy Robinson, Constable Precinct Number 2,
Tarrant County, Texas, "I lack sufficient deputies to work a writ
of execution on May 3, 2010, as I have several deputies on
vacation."
"I have reason to believe and do believe that Garnishee has
property belonging to Debtor or is indebted to Debtor by reason of
one or more bank accounts, including but not limited to Debtor's
personal and business checking account (s) and/or bank account (s)."
SIGNED this the 23rd day of April, 2010.
ty Aide
( Nqumory G. PLETTA
SUBSCRIBED AND SWORN TO BEFORE ME on this the 23rd day of
April 2010.
sczany sr ida © Chul
Notary Public, in PE
State of tle
AMANDA E. CHUMBLEY
Notary Public, State of Texas
My Commission Expires
August 01, 2012
——
AFFIDAVIT Page 3
Preview
@ No. JONS5/ an WIN APR23 LIEU IN THE DISTRICT COURT NAMCO CLEANING SOLUTIONS, INC. d/b/a Namco Dallas, Plaintiff, vs. BANK OF AMERICA, N.A., DALLAS COUNTY, TEXAS Garnishee, vs. KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments, AMMMMNMAMNAMAMAMMMnAAa Defendant. lol JUDICIAL DISTRICT PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT COMES NOW, NAMCO CLEANING SOLUTIONS, INC. d/b/a Namco Dallas ("Plaintiff") in the above-referenced and cause numbered action complaining of BANK OF AMERICA, N.A. ("Garnishee") and for cause of action files this Application for Writ of Garnishment After Judgment and states to the Court the following: I. PARTIES 1.01 Plaintiff is NAMCO CLEANING SOLUTIONS, INC. d/b/a Namco Dallas who hereby applies for a Writ of Garnishment after Judgment. 1.02 Garnishee is BANK OF AMERICA, N.A. who may be served with pre legal process by and through: Jennifer Terry, its authorized Assistant Manager, located at 850 W. Arapaho Road, Richardson Texas 75080. PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT1.03 Debtor is KING LANDING APARTMENTS#” LUC. d/b/a Avalon: oe - bandin Apartments’ may be served with legal process by and through: Steve Dunn, its Registered Agent, «12801 North Central Expressway, Suite 250, Dallas, Texas 75243. - Ir. DISCOVERY CONTROL PLAN 2.01 Plaintiff alleges discovery is to be conducted under level one (1) of the Discovery Control Plan. III. FACTS 3.01 Plaintiff has a valid, subsisting judgment against Debtor. 3.02 The Judgment was entered on the 23rd day of March 2010, in Cause No.: DCO9-14798-E, in the Dallas District Court, 101lst Judicial District, Dallas County, Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 3.03 Plaintiff has reason to believe and does believe that BANK OF AMERICA, N.A. ("Garnishee") has property belonging to KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments ("Debtor") or is indebted to Debtor by reason of one or more bank accounts, including but not limited to Debtor's personal and business checking and/or banking account (s). PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT3.04 Within Plaintiff's knowledge and pursuant to STEVE HENRY, DMJ Management, Agent for and on behalf of, KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments ("Debtor"): "This property has been experiencing severe liquidity problems." "I don't even have the 25 cents on the dollar any longer... That deal is off the table as I don't have the funds and I have to pay payroll." "My account was already hit with several garnishments." "No one is going to get paid." "Wait until you see what happens.” 3.05 Therefore, KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments ("Debtor") does not possess property within the state of Texas that is subject to execution and that is sufficient to satisfy the judgment. 3.06 Furthermore, even in the event sufficient assets did exist to satisfy the judgment, which are unknown to Plaintiff according to Chief Deputy Robinson, Constable Precinct Number 2, Tarrant County, Texas, "I lack sufficient deputies to work a writ of execution on May 3, 2010, as I have several deputies on vacation." 3.07 Accordingly, this garnishment is not brought to injure either Debtor or Garnishee but so that justice may be done. PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENTIv. AFFIDAVIT 4.01 Plaintiff is entitled to the issuance of a Writ of Garnishment After Judgment for the amount of said judgment in the principal sum of Fifteen Thousand Eight Hundred Nineteen and 23/100ths Dollars ($15,819.23) plus post judgment interest at 5% per annum on the grounds stated in the Affidavit attached hereto as Exhibit "B" and incorporated herein by reference. PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENTWHEREFORE, PREMISES CONSIDERED, NAMCO CLEANING SOLUTIONS, INC. d/b/a Namco Dallas ("Plaintiff") prays this Court, upon final hearing, grant Plaintiff's Application for Writ of Garnishment After Judgment for the amount of said judgment in the principal sum of Fifteen Thousand Eight Hundred Nineteen and 23/100ths Dollars ($15,819.23) plus post judgment interest at 5% per annum; that Writ of Garnishment After Judgment issue; that judgment be rendered in favor of Plaintiff and against BANK OF AMERICA, N.A. ("Garnishee") to satisfy the prior judgment. Plaintiff further prays that it have such other and further relief to which it may be entitled, at law or in equity, including but not limited to reasonable and necessary attorney's fees and costs of Court herein. Respectfully submitted, LAW OFFICE OF TIMOTHY G. PLETTA 150 Bethel Road Coppell, Texas 75019 Telephone: (972) 462-0321 Facsimile: (972) 462-0465 ATTORNEY FOR PLAINTIFF, NAMCO CLEANING SOLUTIONS, INC. d/b/a Namco Dallas ee PLAINTIFF'S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT Page SExhibit "A"NO. DCO9-14798-E NAMCO CLEANING SOLUTIONS, INC., IN THE DISTRICT COURT d/b/a Namco Dallas, Plaintiff, vs. DALLAS COUNTY, TEXAS KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments, OAAnNnnannw Defendant. 101 JUDICIAL DISTRICT FINAL JUDGMENT On March 23, 2010, came on the be heard NAMCO CLEANING SOLUTIONS, INC. a/b/a Namco Dallas ("Plaintiff") Motion for Summary Judgment and having considered the Motion, the Response, Objection and Reply in Opposition made thereto, the Court granted Plaintiff's Motion for Summary Judgment and awarded Plaintiff the relief sought therein for unpaid invoices, attorney's fees, interest and costs, thereby disposing of this matter in its entirety. Accordingly, Plaintiff is entitled to Final Judgment. It is therefore, ORDERED, ADJUDGED, AND DECREED, that NAMCO INC, d/b/a Namco Dallas ("Plaintiff") recover CLEANING SOLUTIONS, judgment from KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments ("Defendant") after all lawful offsets and credits, as follows: Principal claim in the amount of $10,458.37; ; ‘S$000= 2. Attorney's fees in the amount of + > as reasonable and necessary attorney's fees through the trial court; $1,000.00 as reasonable and necessary attorney's fees in the event a motion for new trial is scheduled for hearing, $5,000.00 as Page 1reasonable and necessary attorney's fees in the event of an appeal to the Fifth District Court of Appeals, $3,000.00 as reasonable and necessary attorney's fees in the event a hearing is set at the Fifth District Court of Appeals, $2,500.00 as reasonable and necessary attorney's fees in the event a motion for rehearing is filed at the Fifth District Court of Appeals, $2,500.00 as reasonable and necessary attorney's fees in the event a petition for review is filed at the Supreme Court of Texas, $5,000.00 as reasonable and necessary attorney's fees in the event a full briefing is required at the Supreme Court of Texas, and $2,500.00 as reasonable and necessary attorney's fees in the event a hearing is scheduled at the Supreme Court of Texas; Prejudgment interest in the amount of $360.86; Post judgment interest at 5% per annum on all sums awarded herein until paid; All costs of Court; all writs of execution and other process necessary to enforce and collect this judgment for which let execution issue. All relief requested not expressly granted herein is hereby denied. This judgment disposes of all parties and all claims and is appealable. SIGNED and ENTERED this the 23 day of March, 2010. JUDGE PRESIDINGAPPROVED AS TO FORM: TIMOTHY G. PLETTA State Bar No. 16071800 150 Bethel Road Coppell, Texas 75019 ATTORNEY FOR PLAINTIFF, NAMCO CLEANING SOLUTIONS, d/b/a Namco Dallas Telephone: (972) 462-0321 Facsimile: (972) 462-0465 INC.. EXHIBITB ©No. NAMCO CLEANING SOLUTIONS, INC. a/b/a Namco Dallas, IN THE DISTRICT COURT Plaintiff, vs. BANK OF AMERICA, N.A., DALLAS COUNTY, TEXAS Garnishee, vs. KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments, AMAIA MAIMAMMAMAMin Defendant. JUDICIAL DISTRICT AFFIDAVIT THE STATE OF TEXAS §& § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public, on this day personally appeared Timothy G. Pletta, who being by me duly sworn on his oath deposed and said: "I am Plaintiff's attorney and authorized agent in this cause. I have personal knowledge of the facts stated in this Affidavit, and they are true and correct. I am authorized to make this Affidavit and Application for Writ of Garnishment After Judgment. "Plaintiff owns a judgment against KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments ("Debtor"), which was rendered in the on the 23rd day of March 2010, in Cause No.: DCO9-14798-E, 101st Judicial District, Dallas District Court, Dallas County, AFFIDAVIT Page 2Texas. The judgment is valid and subsisting, and a supersedes bond has not been approved and filed to suspend execution of the judgment . "After all lawful offsets and credits, Fifteen Thousand Eight Hundred Nineteen and 23/100ths Dollars ($15,819.23) plus post judgment interest at 5% per annum and all costs of Court remains due and unpaid on the judgment. "Within my knowledge and pursuant to STEVE HENRY, DMJ Management, Agent for and on behalf of, KING LANDING APARTMENTS V, LLC. d/b/a Oak Valley Apartments ("Debtor"): "This property has been experiencing severe liquidity problems." "I don't even have the 25 cents on the dollar any longer... That deal is off the table as I don't have the funds and I have to pay payroll." "My account was already hit with several garnishments." "No one is going to get paid." “Wait until you see what happens." "Therefore, KING LANDING APARTMENTS, LLC. d/b/a Avalon Landing Apartments ("Debtor") does not possess property within the state of Texas that is subject to execution and that is sufficient to Therefore, this garnishment is not sought to satisfy the judgment. injure either Debtor or Garnishee, but so that justice may be done. AFFIDAVIT"Purthermore, even in the event sufficient assets did exist to Satisfy the judgment, which are unknown to me and to Plaintiff according to Chief Deputy Robinson, Constable Precinct Number 2, Tarrant County, Texas, "I lack sufficient deputies to work a writ of execution on May 3, 2010, as I have several deputies on vacation." "I have reason to believe and do believe that Garnishee has property belonging to Debtor or is indebted to Debtor by reason of one or more bank accounts, including but not limited to Debtor's personal and business checking account (s) and/or bank account (s)." SIGNED this the 23rd day of April, 2010. ty Aide ( Nqumory G. PLETTA SUBSCRIBED AND SWORN TO BEFORE ME on this the 23rd day of April 2010. sczany sr ida © Chul Notary Public, in PE State of tle AMANDA E. CHUMBLEY Notary Public, State of Texas My Commission Expires August 01, 2012 —— AFFIDAVIT Page 3