PLAINTIFF'S MOTION FOR JUDGMENT ON THE ANSWER OF THIRD PARTY CITATION RESPONDENT, TURNOVER OF FUNDS AND RULING ON THOMAS S. DOLNEY'S MOTION TO APPEAR PRO HAC VICE

MANISH S. SHAH, District Judge.

Now Comes the Plaintiff, Wendy Lee Sulda, by and through one of her attorneys, Charles E. McElvenny, and in support of Plaintiff's Motion for Judgment on the Answer of Third Party Citation Respondent JPMorgan Chase Bank, N.A., for Turnover of Funds and for Ruling on Thomas S. Dolney's Motion to Appear pro hac vice, states as follows:

1. On March 26, 2019, Judgment was entered in this Court in favor of the Plaintiff, Wendy Lee Sulda and against joined Defendants David Galapo, Drive New LLC and Terminal Logistics LLC in the total amount of $100,000 plus attorney's fees and costs. See Exhibit A [Docket Number 231]. Since the date of the Judgment and service of the Third Party Citation to Discover Assets, Plaintiff has not collected any money. There is now due the sum of $100,000 plus attorney's fees and costs.

2. A Citation to Discover Assets to a Third Party was served on JPMorgan Chase Bank, N.A. on April 5, 2019. See Citation attached as Exhibit B.

3. JPMorgan Chase Bank, N.A. served its Answer to the Third Part Citation on April 18, 2019 [Docket Number 240] indicating that JPMorgan Chase Bank, N.A. is in possession of non-exempt funds belonging to Defendant David Galapo. More specifically, JPMorgan Chase Bank, N.A.'s Answer identifies a Safe Deposit Box #2801 located at Emerald Hills 5545 Sheridan St. Hollywood, Florida 33021, as withheld assets belonging to David Galapo. See JPMorgan Chase Bank, N.A.'s Answer attached hereto as Exhibit C.

4. Supplementary proceedings to enforce a judgment are governed by Federal Rule of Civil Procedure 69(a) which provides that a district court is to use state procedure governing the execution of any such judgment. Fed. R. Civ. P. 69(a).

5. Section 5/2-1402 of the Illinois Code of Civil Procedure provides that when assets of a judgment debtor not exempt from the satisfaction of a judgment are discovered, a court may enter an order or judgment compelling the person cited to deliver said assets. 735 ILCS 5/2-1402.

6. As such, the Plaintiff is entitled to the non-exempt property of Defendant David Galapo, the Judgment Debtor, in partial satisfaction of the Judgment Balance remaining due.

7. On April 3, 2019, Plaintiff's counsel in Florida Thomas S. Dolney filed his motion to appear pro hac vice on behalf of Plaintiff Wendy Lee Sulda. See motion [Docket 232] attached hereto as Exhibit D.

8. This Honorable Court has not yet ruled on Thomas S. Dolney's motion to appear pro hac vice.

WHEREFORE, Plaintiff Wendy Lee Sulda respectfully requests that this Court enter a Judgment on its Third Party Citation and order Third Party Citation Respondent, JPMorgan Chase Bank, N.A., to turnover to Plaintiff in partial satisfaction of the judgment, the property of judgment debtor David Galapo in the form of the contents of the JPMorgan Chase Bank, N.A Safe Deposit Box identified as #2801 located at Emerald Hills 5545 Sheridan St. Hollywood, Florida 33021, to rule on Thomas S. Dolney's Motion for Appear pro hac vice, to designate Charles E. McElvenny as Local Rule 83.15(a) attorney for receipt of service on behalf of Mr. Dolney and for such other relief that this Court deems just and proper.

JUDGMENT ORDER

This matter coming before the Court pursuant to Plaintiff's Motion to Add David Galapo, Drive New, LLC, and Terminal Logistics, LLC as Defendants to the Judgment, it is hereby Ordered:

The court finds that David Galapo, Drive New, LLC, and Terminal Logistics, LLC have forfeited any objection to being named as defendants to the judgment and may be joined under Fed. R. Civ. P. 25(c) as judgment debtors. Accordingly, David Galapo, Drive New, LLC, and Terminal Logistics, LLC are hereby joined as defendants and judgment debtors in the judgment entered on January 29, 2018, in favor of Plaintiff Wendy Lee Sulda and against defendants Shippingquest.com, LLC, Price Break Shipping USA, LLC, Winston Dan Vogel, Albert Abramov, and Javier Sajnovsky in the amount of $100,000 plus attorney's fees and costs. David Galapo, Drive New, LLC, and Terminal Logistics, LLC are jointly and severally liable to Plaintiff Wendy Lee Sulda in the amount of One Hundred Thousand Dollars and zero cents ($100,000) plus attorney's fees and costs. The court declines to award permanent injunctive relief against David Galapo, Drive New, LLC, and Terminal Logistics, LLC, because Plaintiff has not established the necessity for injunctive relief against these new parties. This is a final judgment order against David Galapo, Drive New LLC, and Terminal Logistics, LLC, and there is no just reason for delay in its entry.

CITATION TO DISCOVER ASSETS TO A THIRD PARTY

YOU ARE REQUIRED to either file your answer to this Citation on the form appearing on the reverse side or appear on April 23, 2019 before 9:30 am at 20 N. Clark St., Suite 2200, Chicago, IL 60602.

Judgment was entered on January 29, 2018, in favor of Plaintiff Wendy Lee Sulda and against Defendants Winston Vogel et al. in this court under case number 17 cv 2350 in the sum of $100,000. David Galapo was joined as a defendant and judgment debtor on March 26, 2019. There is now due, less credit and off-set, the sum of $100,000 (Judgment Balance). Further sums may become due as costs and interests accrue.

Your answer will inform the Court as to property you may hold belonging to David Galapo.

YOU ARE FURTHER COMMANDED TO PRODUCE:

SEE ATTACHED RIDER

You are prohibited from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from the enforcement of a judgment, a deduction order or garnishment, property belonging to the judgment debtor or to which s/he may be entitled or which may thereafter be acquired by or become due to him or her, and from paying over or otherwise disposing of any monies not so exempt, which are due to the judgment debtor. This prohibition shall remain in effect until further order of court or termination of the proceeding.

You are not required to withhold the payment of any monies beyond double the amount of the total sum due the judgment creditor.

If the account consists solely of funds that can be identified as exempt under federal or state law, you arc PROHIBITED from FREEZING THE ACCOUNT and YOU MUST RESPOND that the account consists solely of exempt funds. Deposited funds that are exempt under federal and state law include Social Security, SSI, veteran's benefits, Railroad Retirement benefits, public assistance benefits, unemployment compensation benefits and/or circuit breaker property tax relief benefits.

WARNING: Your failure to comply with the citation proceeding may result in a judgment being entered against you for the unsatisfied amount of this judgment. 735 ILCS 5/2-1402(f)(1).

WARNING: Your failure to appear in court or file you answer as directed may cause you to be arrested and brought before the court to answer to a charge of contempt of court, which may be punishable by imprisonment in the county jail.

CERTIFICATION BY ATTORNEY FOR JUDGMENT CREDITOR

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109), the undersigned certifies that the above information regarding the amount of the judgment, the date of the judgment, or its revival date, the balance due thereon, the name of the court and the number of the case is true and correct.

Clerk of the Court for the United States District Court, Northern District of Illinois