APPLICATION FOR WRIT OF GARNISHMENT AGAINST …media.heartlandtv.com/documents/show_multidocs.pl.pdf · A criminal judgment was entered against the defendant in this action in the

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA

TERRE HAUTE DIVISION UNITED STATES OF AMERICA, )

) Plaintiff, )

) v. ) Cause No. 2:16-cr-00028-001

) FRANK SHAHADEY, )

) Judgment Defendant. )

) And ) ) MORGAN STANLEY c/o ) MCCREADY and KEENE, INC., ) A ONE AMERICA COMPANY, ) ) Garnishee Defendant. )

APPLICATION FOR WRIT OF GARNISHMENT AGAINST THE PROPERTY OF

JUDGMENT DEFENDANT FRANK SHAHADEY

The plaintiff, the United States of America, by counsel, Josh J. Minkler, United States

Attorney for the Southern District of Indiana, and Debra G. Richards, Assistant United States

Attorney, respectfully makes application pursuant to Section 3205(b)(1) of the Federal Debt

Collection Procedures Act of 1990, 28 U.S.C. § 3205(b)(1), to the United States District Court to

issue a Writ of Garnishment upon the judgment entered against the defendant, Frank Shahadey

(“defendant” or “judgment debtor”). In support of this application, the United States provides

the following statement pursuant to 28 U.S.C. § 3205(b)(1):

1. The judgment debtor’s name is Frank Shahadey, his Social Security Number is

XXX-XX-XXXX, and his last known address is XXXXXXXXXXXXXXXXXXXXXXX.

Case 2:16-cr-00028-JMS-DML Document 173 Filed 05/10/18 Page 1 of 2 PageID #: 1682

2. A criminal judgment was entered against the defendant in this action in the

amount of $80,700.00. There remains a balance due of $79,500.00, as of May 4, 2018.

3. The Garnishee is believed to have in its possession, custody, or control, money or

property of the judgment debtor, and said property is a nonexempt interest of the debtor.

4. The name and address of the Garnishee or its authorized agent is:

Morgan Stanley c/o Mccready and Keene, Inc., A One America Company

7941 Castleway Drive Indianapolis, IN 46250 5. Section 3205(c)(1) of Title 28 provides that “if the court determines that the

requirements of [section 3205] are satisfied, the court shall issue an appropriate writ of

garnishment.” The requirements of 28 U.S.C. § 3205 are met.

WHEREFORE, the United States respectfully requests that the Court issue a Writ a

Garnishment in accordance with the Federal Debt Collection Procedures Act of 1990.

Respectfully submitted,

JOSH J. MINKLER United States Attorney

By: _/s/ Debra G. Richards__________________ Debra G. Richards

Assistant United States Attorney Office of the United States Attorney 10 West Market Street Suite 2100 Indianapolis, Indiana 46204 Telephone: 317-226-6333

Case 2:16-cr-00028-JMS-DML Document 173 Filed 05/10/18 Page 2 of 2 PageID #: 1683



) Plaintiff, )

) v. ) Cause No. 2:16-cr-00028-001

) FRANK SHAHADEY, )


) And ) ) MORGAN STANLEY c/o ) MCCREADY and KEENE, INC., ) A ONE AMERICA COMPANY, ) ) Garnishee Defendant. ) ANSWER OF THE GARNISHEE , BEING DULY SWORN DEPOSES AND SAYS:

(Affiant)

1. That he/she is the (state Official Title) of Garnishee, Morgan

Stanley c/o McCready and Keene, Inc., a One America Company.. On ____________

, 2018, Garnishee was served with the Writ of Garnishment.

2. The Garnishee has custody, control or possession of the following property (non-

earnings), in which the Debtor maintains an interest, as described below:

Description of Approximate Description of Property Value Debtor’s Interest

in Property

Case 2:16-cr-00028-JMS-DML Document 173-1 Filed 05/10/18 Page 1 of 4 PageID #: 1684

a

b

c

3. Garnishee anticipates owing to the judgment-debtor in the future, the following amounts:

Amount Estimate date or Period Due

a. $ b $

4. Have there been previous garnishments in effect?

If the answer is NO check this space .

If the answer is YES, describe below: .

Check the applicable line below if you deny that you hold property subject to this order of

garnishment.

The Garnishee makes the following claim of exemption on the part of Defendant:

Or has the following objections, defenses, or set-offs to Plaintiff’s right to apply

Garnishee’s indebtedness to Defendant upon Plaintiff’s claim:

The Garnishee was then in no manner and upon no account indebted or under liability to

the Defendant, Frank Shahadey, and that the Garnishee did not have in its possession or

control any property belonging to the Defendant, or in which the Garnishee has an

interest; and is in no manner liable as Garnishee in this action.


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The Garnishee mailed a copy of this answer by first-class mail to (1) the Debtor, Frank

Shahadey, **************, and (2) the attorney for the United States, Debra G. Richards,

Assistant United States Attorney, 10 West Market Street, Suite 2100, Indianapolis, Indiana

46204.

__________________________________________ Garnishee

Subscribed and sworn to before me this day of 2018. Notary Public (Seal) My Commission expires:


4

NOTE: The original Answer must be mailed to: Clerk, United States District Court U.S. Courthouse, Room 105 46 East Ohio Street Indianapolis, Indiana 46204 and a copy of the Answer to: Debra G. Richards United States Attorney 10 West Market Street Suite 2100 Indianapolis, IN 46204 Frank Shahadey ******** ********


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) Plaintiff, )

) v. ) Cause No. 2:16-cr-00028-001

) FRANK SHAHADEY, )


) And ) ) MORGAN STANLEY c/o ) MCCREADY and KEENE, INC., ) A ONE AMERICA COMPANY, ) ) Garnishee Defendant. ) CLERK’S NOTICE OF POST-JUDGMENT GARNISHMENT AND REQUEST FOR HEARING FORM

You are hereby notified that the non-exempt property of Frank Shahadey is being taken

by the United States of America, which has a court judgment in the sum of $80,700.00. A

balance of $79,500.00 remains outstanding as of May 4, 2018.

In addition, you are hereby notified that there are exemptions under the law which may

protect some of the property from being taken by the Government if Frank Shahadey can show

that the exemptions apply. Below is a summary of the major exemptions that apply in most

situations.

Under section 3613(a) of Title 18, United States Code, you, Frank Shahadey, have

exemptions you may claim. If you properly claim exemptions, that property cannot be taken by


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the United States Government for satisfaction of your debt. The exemptions are:


3

EXEMPTIONS UNDER FEDERAL LAW (18 U.S.C. § 3613)

1. Wearing apparel and school books.--Such items of wearing apparel and such school

books as are necessary for the debtor and for members of his family.

2. Fuel, provisions, furniture and personal effects.--So much of the fuel, provisions,

furniture and personal effects in the debtors’ household, and of the arms for personal use,

livestock and poultry of the debtor, as does not exceed $9,200 in value.

3. Books and tools of a trade, business or profession.--So many of the books and tools

necessary for the trade, business or profession of the debtor as do not exceed in the

aggregate $4,600 in value.

4. Unemployment benefits.--Any amount payable to an individual with respect to his

unemployment (including any portion thereof payable with respect to dependents) under

an unemployment compensation law of the United States, of any State, of the District of

Columbia or Commonwealth of Puerto Rico.

5. Undelivered mail.--Mail, addressed to any person, which has not been delivered to the

addressee.

6. Certain annuity and pension payments.--Annuity or pension payments under the Railroad

Retirement Act, benefits under the Railroad Unemployment Insurance Act, special

pension payments received by a person whose name has been entered on the Army,

Navy, Air Force and Coast Guard Medal of Honor roll (38 U.S.C. §1562), and annuities

based on retired or retainer pay under Chapter 73 of Title 10 of the United States Code.

7. Worker’s Compensation.--Any amount payable with respect to compensation (including

any portion thereof payable with respect to dependents) under a worker’s compensation


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law of the United States, of any State, of the District of Columbia or Commonwealth of

Puerto Rico.

8. Judgments for support of minor children.--If the debtor is required by judgment of a court

of competent jurisdiction, entered prior to the date of levy, to contribute to the support of

his minor children, so much of his salary, wages or other income as is necessary to

comply with such judgment.

9. Certain service-connected disability payments.--Any amount payable to an individual as

a service-connected (within the meaning of section 101(16) of Title 38, United States

Code) disability benefit under--(A) subchapter II, III, IV, V or VI of Chapter 11 of such

Title 38 or (B) Chapter 13, 21, 23, 31, 32, 34, 35, 37 or 39 of such Title 38.

10. Assistance under Job Training Partnership Act.--Any amount payable to a participant

under the Job Training Partnership Act (29 U.S.C. §1501 et seq.) from funds appropriated

pursuant to such Act.

If you are Frank Shadahey, you have a right to ask the court to return your property to

you if you think the property the Government is taking qualifies under one of the above

exemptions or if a default judgment has been entered against you, or if you think you do not owe

the money to the Government that it says you do.


If you want a hearing, you must notify the Court within 20 days after receipt of the

notice. You must make your request in writing and either mail it or deliver it to the Clerk of the

United States District Court at 46 East Ohio Street, U.S. Courthouse, Room 105, Indianapolis,

Indiana 46204. If you wish, you may use the last page of this notice, entitled Request for

Hearing, to request the hearing by filling out the information and checking an appropriate box, if

applicable to you. You must either mail the Request for Hearing or deliver it in person to the

Clerk of the United States District Court at 46 East Ohio Street, U.S. Courthouse, Room 105,

Indianapolis, Indiana 46204. You must also send a copy of your request to the United States

Attorney at 10 West Market Street, Suite 2100, Indianapolis, Indiana 46204, so the Government

will know you want a hearing. The hearing will take place within 5 days after the Clerk receives

your request, or as soon after that as possible.

At the hearing you may explain to the judge why you believe the property the

Government has taken is exempt or if a default judgment has been entered against you why you

think you do not owe the money to the Government. If you do not request a hearing within 20

days of receiving this notice, the property or money will be paid on the debt you owe the

Government.

If you think you live outside the Federal judicial district in which the court is located, you

may request, not later than 20 days after you receive this notice, that this proceeding to take your

property be transferred by the court to the Federal judicial district in which you reside. You must

make your request in writing, and either mail it or deliver it in person to the Clerk of the United

States District Court, 46 East Ohio Street, U.S. Courthouse, Room 105, Indianapolis, Indiana

46204. You must also send a copy of your request to the Government at United States Attorney,

10 West Market Street, Suite 2100, Indianapolis, Indiana 46204, so that the Government will


know you want the proceeding to be transferred.

Be sure to keep a copy of this notice and the request for a hearing for your own records.

If you have any questions about your rights or about this procedure, you should contact a lawyer,

an office of public legal assistance, or the Clerk of the Court. The Clerk is not permitted to give

legal advice, but can refer you to other sources of information.

DATE:

LAURA BRIGGS United States District Clerk

TURN PAGE FOR REQUEST FOR HEARING FORM




) Plaintiff, )

) v. ) Cause No. 2:16-cr-00028-001

) FRANK SHAHADEY, )


) And ) ) MORGAN STANLEY c/o ) MCCREADY and KEENE, INC., ) A ONE AMERICA COMPANY, ) ) Garnishee Defendant. ) REQUEST FOR A HEARING

Pursuant to 28 U.S.C. § 3202, I request that the Court hold a hearing in this matter and

further state that:

Box No. 1 [ ] I think that the property the Government is taking is exempt under an applicable exemption.

Box No. 2 [ ] I request that this proceeding be transferred to the district of my residence, which

is the District of . (name of state)

(Do not check Box No. 2 if you reside in the Southern District of Indiana)

Dated:____________ Signature:__________________________

Name:_____________________________

Address:___________________________

__________________________________

Home phone No.: ______________________

Daytime phone No.: ____________________


RETURN THIS REQUEST TO: Clerk’s Office United States District Court U.S. Courthouse, Room 105 Indianapolis, Indiana SEND COPIES OF THIS REQUEST TO: Debra G. Richards Assistant United States Attorney 10 West Market Street Suite 2100 Indianapolis, IN 46204 Morgan Stanley c/o McCready and Keene, Inc., A One America Company 7941 Castleway Drive Indianapolis, IN 46250




) Plaintiff, )

) v. ) Cause No. 2:16-cr-00028-001

) FRANK SHAHADEY, )


) And ) ) MORGAN STANLEY c/o ) MCCREADY and KEENE, INC., ) A ONE AMERICA COMPANY, ) ) Garnishee Defendant. ) INSTRUCTIONS TO THE DEFENDANT To: Frank Shahadey XXXXXXXXX XXXXXXXXX

Pursuant to the Federal Debt Collection Procedures Act of 1990, 28 U.S.C. §

3205(c)(3)(B), the United States serves the following instructions upon the judgment defendant

with a copy of the Writ of Garnishment.

YOU ARE HEREBY NOTIFIED that a Garnishment was issued based upon a judgment

entered against you and that the Garnishment was served on Independent Federal Credit Union,

Garnishee, and it is believed that the Garnishee may have property of yours, in its custody,

possession or control.

YOU ARE FURTHER NOTIFIED that, unless within twenty (20) days from the date of


receipt of the Answer of the Garnishee, you file a written objection to explain why you think

these funds are exempt from execution under state or federal law and request a hearing, a Court

Order will be entered attaching the funds or property and the funds or property will be applied

against the judgment owed the United States of America.

Any objection that you file to contest the garnishment must be filed in the office of the

Clerk of the United States District Court, Southern District of Indiana, at U.S. Courthouse, Room

105, 46 East Ohio Street, Indianapolis, Indiana 46204. The objection must state your reasons for

believing that this property is not subject to attachment by the United States of America. A copy

of the objection or other pleadings must also be served on: (1) the United States Attorney for the

Southern District of Indiana, 10 West Market Street, Suite 2100, Indianapolis, Indiana 46204,

and (2) Morgan Stanley c/o McCready and Keene, Inc., A One America Company, 7941

Castleway Drive, Indianapolis, IN 46250

YOU MAY WISH TO CONSULT A LAWYER FOR ADVICE AS TO THE MEANING OF THIS NOTICE.


By: __/s/ Debra G. Richards______________

Debra G. Richards Assistant United States Attorney

Office of the United States Attorney 10 West Market Street Suite 2100 Indianapolis, Indiana 46204 Telephone: (317) 226-6333




) Plaintiff, )

) v. ) Cause No. 2:16-cr-00028-001

) FRANK SHAHADEY, )


) And ) ) MORGAN STANLEY c/o ) MCCREADY and KEENE, INC., ) A ONE AMERICA COMPANY, ) ) Garnishee Defendant. ) INSTRUCTIONS TO THE GARNISHEE To: Morgan Stanley c/o McCready and Keene, Inc., A One America Company

7941 Castleway Drive Indianapolis, IN 46250

Pursuant to the Federal Debt Collection Procedures Act of 1990, 28 U.S.C. §

3205(c)(3)(A), the United States serves the following instructions upon the Garnishee with a

copy of the Writ of Garnishment.

1. Enclosed is a Writ of Garnishment requesting that you determine whether or not

you have in your possession, custody or control any of the property of the debtor listed therein,

or any other property of the debtor.


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2. You are required by law to serve a written answer to this writ within 10 days of

service of this writ. You are further required by law to withhold and retain any property in

which the debtor has a substantial non-exempt interest pending the issuance of a final order in

this matter.

DO NOT SEND THIS MONEY TO THE UNITED STATES AT THIS TIME; THE

FEDERAL DEBT COLLECTION PROCEDURES ACT REQUIRES THAT THE

GARNISHEE WITHHOLD SUCH MONEY PENDING THE ISSUANCE OF THE FINAL

ORDER. WHEN A FINAL ORDER IS ISSUED IN THIS MATTER, YOU WILL BE

SERVED WITH A COPY OF THAT ORDER WITH INSTRUCTIONS AS TO WHERE TO

SEND THE GARNISHMENT PAYMENTS.

3. IF YOU FAIL TO ANSWER THIS WRIT OR TO WITHHOLD

PROPERTY IN ACCORDANCE WITH THE WRIT, THE COURT MAY MAKE YOU

LIABLE FOR THAT AMOUNT OF THE DEBTOR’S NONEXEMPT PROPERTY

WHICH YOU FAILED TO WITHHOLD. ADDITIONALLY, YOU MAY BE HELD

LIABLE FOR A REASONABLE ATTORNEY’S FEE TO THE UNITED STATES OF

AMERICA IF THE UNITED STATES FILES A PETITION TO THE COURT

REQUESTING AN EXPLANATION FOR YOUR FAILURE TO COMPLY WITH THIS

WRIT.

4. A form answer has been included with these instructions for your use, should you

desire to use it. You are not required to use the form answer. If you use the form answer, please

fill out the information completely and send the original to the Clerk of Court as directed in the

Writ of Garnishment. Copies of your answer must be mailed to the United States Attorney’s

Office and the judgment debtors’ counsel of record.


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5. If you have additional questions concerning this procedure, please call the Office

of the United States Attorney, Debra G. Richards, Assistant United States Attorney, at telephone

number (317) 226-6333, or by mail to: United States Attorney’s Office, Financial Litigation

Unit, 10 West Market Street, Suite 2100, Indianapolis, Indiana 46204. The United States

Attorney’s Office cannot provide you with legal advice on this matter; for legal advice, you

should contact an attorney. If you are unsure of how to proceed, you may want to consult an

attorney.

Respectfully submitted,


By: __/s/ Debra G. Richards________________ Debra G. Richards Assistant United States Attorney

Office of the United States Attorney 10 West Market Street Suite 2100 Indianapolis, Indiana 46204 Telephone: 317-226-6333




) Plaintiff, )

) v. ) Cause No. 2:16-cr-00028-001

) FRANK SHAHADEY, )


) And ) ) MORGAN STANLEY c/o ) MCCREADY and KEENE, INC., ) A ONE AMERICA COMPANY, ) ) Garnishee Defendant. )

NOTICE TO DEFENDANT DEBTOR ON HOW TO CLAIM EXEMPTIONS

The attached pre-judgment or post-judgment process has been issued on request of

the United States of America.

The law provides that certain property and wages cannot be taken. Such property is

said to be exempted. This Notice lists the exemptions under federal law and your state law.

There is no exemption solely because you are having difficulty paying your debts.

If you claim an exemption, you should (i) fill out the claim for exemption form and (ii)

deliver or mail the form to the Clerk of the Court and counsel for the United States. You have a

right to a hearing within five business days, or as soon as practicable, from the date you file

your claim with the court.


On the day of the hearing, you should come to court ready to explain why your property is

exempted, and you should bring any documents which may help you prove your case. If you do

not come to court at the designated time and prove that your property is exempt, you may lose

some of your rights. You must attach the Claim for Exemptions Form to your request for

hearing indicating under which provision you believe the subject property is exempt from

garnishment.

It may be helpful to you to seek the advice of an attorney in this matter.


CLAIM FOR EXEMPTION FORM EXEMPTIONS UNDER FEDERAL LAW (18 U.S.C. § 3613)

I claim that the exemption(s) from the levy which are checked below apply in this case.

1. Wearing apparel and school books.--Such items of wearing apparel and such school books as are necessary for the debtor and for members of his family.

2. Fuel, provisions, furniture and personal effects.--So much of the fuel, provisions, furniture and personal effects in the debtor’s household, and of the arms for personal use, livestock and poultry of the debtor, as does not exceed $9,200 in value.

3. Books and tools of a trade, business or profession.--So many of the books and tools necessary for the trade, business or profession of the debtor as do not exceed in the aggregate $4,600 in value.

4. Unemployment benefits.--Any amount payable to an individual with respect to his unemployment (including any portion thereof payable with respect to dependents) under an unemployment compensation law of the United States, of any State, of the District of Columbia or Commonwealth of Puerto Rico.

5. Undelivered mail.--Mail, addressed to any person, which has not been delivered to the addressee.

6. Certain annuity and pension payments.--Annuity or pension payments under the Railroad Retirement Act, benefits under the Railroad Unemployment Insurance Act, special pension payments received by a person whose name has been entered on the Army, Navy, Air Force and Coast Guard Medal of Honor roll (38 U.S.C. § 1562), and annuities based on retired or retainer pay under Chapter 73 of Title 10 of the United States Code.

7. Worker’s Compensation.--Any amount payable with respect to compensation (including any portion thereof payable with respect to dependents) under a worker’s compensation law of the United States, of any State, of the District of Columbia or Commonwealth of Puerto Rico.

8. Judgments for support of minor children.--If the debtor is required by judgment of a court of competent jurisdiction, entered prior to the date of levy, to contribute to the support of his minor children, so much of his


salary, wages or other income as is necessary to comply with such judgment.

9. Certain service-connected disability payments.--Any amount payable to an individual as a service-connected (within the meaning of section 101(16) of Title 38, United States Code) disability benefit under--(A) subchapter II, III, IV, V or VI of Chapter 11 of such Title 38 or (B) Chapter 13, 21, 23, 31, 32, 34, 35, 37 or 39 of such Title 38.

10. Assistance under Job Training Partnership Act.--Any amount payable to a participant under the Job Training Partnership Act (29 U.S.C. § 1501, et seq.) from funds appropriated pursuant to such Act.

The statements made in this claim of settlement to exemptions and request for hearing as to exemption entitlement and fair market value of the property designated are made and declared under penalty of perjury that they are true and correct.

By signature below, I hereby request a court hearing to decide the validity of my claims. Notice of the hearing should be given to me by mail at:

( ) or telephonically at (______________) Address Phone no.

Debtor’s printed or typed name

Date Signed Debtor’s Signature


RETURN THIS FORM TO:

Clerk’s Office United States District Court U.S. Courthouse, Room 105 Indianapolis, Indiana 46204

SEND COPIES OF THIS FORM TO:

Debra G. Richards Assistant United States Attorney 10 West Market Street, Suite 2100 Indianapolis, IN 46204 Morgan Stanley c/o McCready and Keene, Inc., A One America Company 7941 Castleway Drive Indianapolis, IN 46250




) Plaintiff, )

) v. ) Cause No. 2:16-cr-00028-001

) FRANK SHAHADEY, )


) And ) ) MORGAN STANLEY c/o ) MCCREADY and KEENE, INC., ) A ONE AMERICA COMPANY, ) ) Garnishee Defendant. ) WRIT OF GARNISHMENT To: Morgan Stanley c/o Mccready and Keene, Inc., A One America Company

7941 Castleway Drive Indianapolis, IN 46250

This matter is before the Court on the application for a Writ of Garnishment against the

property of Frank Shahadey, defendant, which was filed by the United States of America.

Whereupon the Court, having considered the application for a writ of garnishment against

the property of the defendant Dwayne S. Peak now finds that the requirements of 28 U.S.C. §

3205 are satisfied and that an appropriate writ of garnishment shall, and hereby does, issue.


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IT IS THEREFORE ORDERED THAT:

1. A criminal judgment has been entered against the above-named defendant in the

amount of $80,700.00.

2. The Garnishee, Morgan Stanley c/o McCready and Keene, Inc., a One America

Company, is required by law to answer this Writ in writing, under oath, within ten (10) days of

receipt.

3. The Garnishee shall withhold and retain any property in which the debtor has a

substantial nonexempt interest and for which the Garnishee is or may become indebted to the

judgment debtor pending further order of this Court.

4. The original written answer to this writ must be filed within ten (10) days of

service of the writ with the United States District Clerk at: United States District Court, 46 East

Ohio Street, U.S. Courthouse, Room 105, Indianapolis, Indiana 46204.

5. Copies of the answer must also be served upon the debtor, Frank Shahadey,

XXXXXXXXXXXXXXXXXXXX, and upon the United States Attorney, 10 West Market

Street, Suite 2100, Indianapolis, Indiana 46204.

6. Pursuant to 28 U.S.C. § 3205(c)(3), the United States shall serve the Garnishee

and the Judgment Defendant with copies of this Writ of Garnishment and shall certify to the


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Court that such service was made. The writ shall be accompanied by the instructions required by

28 U.S.C. § 3205(c)(3)(A) & (B).

IT IS SO ORDERED.

Date: ______________

________________________________ JUDGE United States District Court Southern District of Indiana

Copies to: Debra G. Richards Assistant United States Attorney 10 West Market Street Suite 2100 Indianapolis, Indiana 46204 Frank Shahadey XXXXXXXXXX XXXXXXXXXX


Documents

APPLICATION FOR WRIT OF GARNISHMENT AGAINST …media.heartlandtv.com/documents/show_multidocs.pl.pdf · A criminal judgment was entered against the defendant in this action in the