McCoy Group Properties, LLC v. Camilles Sidewalk Cafe, Inc. and Cherry Street Wraps, Inc.

McCoy Group Properties, LLC v. Camilles Sidewalk Cafe, Inc. and Cherry Street Wraps, Inc.



06-17-2010 DISPJP 1 CHERRY STREET WRAPS INC 74993542 Jun 17 2010 4:01:10:687PM - $ 0.00



HOGSHEAD, CHARLES: FOR OTEY, MILLIE: PARTIES APPEARED AGREED JUDGMENT OF PARTIES POSSESSION OF PROPERTY ONLY AGAINST NAMED DEFENDANTS, ALL OTHER ISSUES TO BE TRIED BEFORE DEBORAH SHALLCROSS, SIGNED JE



Garnishment Affidavit





I, J. Miles McFadden, being duly sworn, states as follows:



1. That McCoy Group Properties, LLC is the Judgment Creditor and Plaintiff in the above- styled case;



2. That Camille's Sidewalk Café, Inc. is the Judgment Debtor and Defendant in the above entitled case;



3. That, the Judgment Debtor, Camille's Sidewalk Café, Inc., is indebted to McCoy Group Properties, LLC in the amount of $551,723.43 with interest as allowed by law.



4. That I believe that ONB Bank is indebted to or has property within its possession or under its control, which is not by law exempt from seizure or sale upon execution, belonging to the Judgment Debtor/Defendant.



5. That I am not seeking a continuing garnishment.





PLAINTIFF'S APPLICATION FOR DISBURSEMENT OF FUNDS



COMES NOW the Plaintiff, McCoy Group Properties, LLC, and requests that the Court enter an Order authorizing the Clerk of the Court to disburse certain funds, and in support of the same, alleges and states as follows:



1. On June 9, 2010, Plaintiff commenced this action with the filing of its Petiti64 against the Defendants including Defendant Camille's Sidewalk Café, Inc., alleging the breach ofLease Agreement executed between the Plaintiff and Camille's Sidewalk Café, Inc.



2. On December 20, 2010, this Court entered an Agreed Partial Journal Entry of Judgment as to Camille's Sidewalk Café, Inc. and Camille's Cherry Street, Inc., in the amount of $551,723.43, with interest as allowed by law, and declared that the Judgment be final and upon which execution may be issued.



3. On March 28, 2012, following an asset hearing for Defendant Camille's Sidewalk Café, Inc., Plaintiff caused to be issued a Writ of Special Execution and Order for Delivery föt'ç till tap / cash register levy at the Camille's Sidewalk Café, Inc., location at 96375. Riverside DdveEat (Riverside Market), Tulsa, OK 74137.



4. On March 29, 2012, the Tulsa County Sheriff conducted the levy and collected Seven Hundred Fifty-Seven Dollars ($757.00) as proceeds from the till tap, and deposited that amount with the Clerk of the Court. WHEREFORE, Plaintiff McCoy Group Properties, LLC, respectfully requests that the Court enter an Order authorizing the Clerk of the Court to disburse the funds remaining on deposit in the amount of $757.00, plus any interest accned thereon, in accordance with the Judgment filed in this action.

Judgment in favor of Plaintiff.



Plaintiff, McCoy Group Properties, LLC (“MGP”), hereby acknowledges receipt and acceptance from the Defendants, Camille’s Sidewalk Café, Inc., and Camille’s Cherry Street, Inc. (the “Camille’s Entities”), of payment or performance other than that specified in the Agreed Partial Journal Entry of Judgment in full satisfaction of the Agreed Partial Journal Entry of Judgment as to the Camille’s Entities only, rendered in this action and filed on December 20, 2010. This payment and performance is received and accepted as final and full payment and satisfaction of any and all liens and claims in this matter with respect to the Camille’s Entities.



MGP further dismisses with prejudice all pending garnishment actions in this matter, including but not limited to the garnishments issued to ONB Bank and American Bank and Trust Company on March 28, 2012, which were objected to by American Bank and Trust Company on April 23, 2012.



This Release and Dismissal shall be filed in the Office of the Clerk of said Court and the said Clerk is hereby authorized and directed to enter said Release and Dismissal on all appropriate dockets of said Court, to release the said Agreed Partial Journal Entry of Judgment, and to dismiss with prejudice all pending garnishment actions undertaken by MGP.