EFTA01125926.pdf

H Scanned By Date INBOUND FAX TRANSMISSION ATTACHED TO: DATE DELIVERED: TIME REC'D: 71/3 TOTAL PAGES: BY: EFTA01125926 04/0812014 14:33 (FAX) P.001/008 501 Vast Cm= STREET TELEPHONE: 8474705-7555 PALATINE, ILLINOIS 60067 FACSIMILE: 847-705-9960 LAVELLE www.laveUelavAcom KERRY XIS/MLR TIMOTHY M. HUMUls THEODORA! M. MCGINN IvIATTHIVII I. &multi LAW, Ll CAIARRON R MONn AMILALICAss HEATHER G. WALSER STEVEN A. MICALA ICELIYA.ANDEnSoli Inas Et VOICT ANNITER & BURT JAWS IL Dow% per G. PIQUERO LANCE C. Zranatt Jaestua A. NSS$6R Marrs', B. Rica. BRIAN I.WARENS (bum-tont L Ihnsimesia Henn A. SCHUSTER • TELECOPIER COVER LETTER • FILE No. (a) 6355 DATE: 4.8.14 TO: Andrew K. Carruthers FAX NO.: (618) 656-1364 TO: FAX NO.: CC: FAX NO.: CC: FAX NO.: FROM: Lavelle Law, Ltd. — Timothy Hughes RE: TOTAL NUMBER OF PAGES:8 ORIGINAL TO FOLLOW: DESC_RIECION/SPELCIAL INSTRUCTIONS 41;To follow please find a Notice of Emergency Modell Adverse Claim to Citation pertaining to case number 13 MR 1617. 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(847) 7054555 TELECOPIER NUMBER: (847) 705-9960 ruiterrillaArAtUCC0veume EFTA01125927 04/08/2014 14:33 P.002/008 IN THE CIRCUIT OF THE NINETEENTH JUDICIAL CIRCUIT LAKE COUNTY, ILLINOIS Jeffrey Epstein and L.S.J., LLC ) Plaintiffs, ) ) v. ) Case Number: 13 MR 1617 ) Nick Lambros and AVLC, LLC d/b/a ) Sound X ) Defendants ) and ) ) American Chartered Bank, 1199 E. Higgins ) Road, Schaumburg, IL 60173 ) Garnishee. ) NOTICE OF EMERGENCY MOTION ADVERSE CLAIM TO CITATION To: Andrew K. Carruthers 130 N. Main St., P.O. Box 510 Edwardsville, IL 62025 Facsimile 618-656-1364 acarruthers@hepl erbroom.com act @heplerbroom.com PLEASE TAKE NOTICE that on April 10, 2014, at 1:30 p.m„ or as soon thereafter as I may be heard, I shall appear before the Honorable Judge Simonian or any judge sitting in his stead in Courtroom 306, at 18 North County Street, Waukegan, Illinois, 60085, and shall then and there present the attached Emergency Motion Adverse Claim to Garnishment Summons, a copy of which hJyceby served upon you. Timothy M. Hughes 6208982 Lavelle Law, Ltd. 501 West Colfax St. Palatine, Illinois 60067 (847) 705-7555 CERTIFICATE OF SERVICE 1, Timothy M. Hughes, an attorney, certify that I served a copy of the foregoing document to each person to whom it is directed at their respective addresses by hand delivery or by depositing a copy in the United States Mail at 440 W. Colfax, Palatine, IL 60067 postage pre-paid, on April 8, 2014, before the hour of 5:00 p.m. and via facsimile and email to the addresses above. Page of 3 EFTA01125928 04/08/2014 14:33 P.0031008 IN THE CIRCUIT OF THE NINETEENTH JUDICIAL CIRC UIT LAKE COUNTY, ILLINOIS Jeffrey Epstein and L.S.J., LLC ) Plaintiffs,) ) v. ) Case Number: 13 MR 1617 ) Nick Lambros and AVLC, LLC d/b/a ) Sound X ) Defendants ) and ) ) American Chartered Bank, 1199 E. Higgins ) Road, Schaumburg, IL 60173 ) Garnishee. ) Emergency Motion Chien° Audio Video Design Corvoratlon's Adverse Claim to Garnishment Summons NOW COMES the adverse claimant, Chicago Audio Video Design Corporation ("CAVD"), by and through its attorneys, Lavelle Law, Ltd., and for its Adve rse Claim to the Garnishment Summons of Jeffrey Epstein and L.S.J., LLC directed towards the CAVD' American Chartered Bank account states and alleges as follows: 1. Plaintiff has a judgment against Nick Lambros and AVLC, LLC d/b/a Sound X and does not have a judgment claim against Chicago Audio Video Desig n Corporation cVb/a Sound X. 2. Plaintiff brought a Non-Wage Garnishment Summ ons prece ding against Nick Lambros and AVLC, LLC d/b/a Sound X to American Chartered Bank the Third Party Garnishee, which is in possession of Account Number XXXI 374 an accou nt belonging to the CAVD ("CAVD Acct # 1374"). 3. Adverse claimant, CAVD added the Defendant/Judgm ent Debto r, Nick Lambros, as an authorized signer to their CAVD Acct # 1374 as a convenienc e for the CAVD. 4. American Chartered Bank in response to Plaintiff's Garni shment Summ ons has frozen the account CAVD Acct #1374. Page 2 of 3 EFTA01125929 04/08/2014 14:33 P.004/008 5. The CAVD Acct #1374 is only titled in Chicago Audio Video Design Corporation d/b/a Sound X name alone and is not and never was property of either Nick Lambros or AVLC, LLC cVb/a Sound X. 6. Chicago Audio Video Design Corporation obtained the assumed name Sound X from the Illinois Secretary of State on August 27, 2010 (See Group Exhibit A). Upon information and belief AVLC, LLC use of the assumed name Sound X in Illinois was revoked on or about January 9, 2009 (See Exhibit B). 7. The CAVD Acct #1374 does not belonging to either Judgment Debtor. Therefore, the funds should be released immediately to the CAVE). WHEREFORE, the adverse claimant, Chicago Audio Video Design Corporation respectfully requests the following relief: A. That this Court enters an order releasing the funds in the CAVE) Met # 1374 to the CAVD; B. That this Court award Chicago Audio Video Design Corporation their bank charges incurred because of the plaintiffs citation; C. That this Court award Chicago Audio Video Design Corporation their reasonable attorneys' fees and litigation expenses; and D. That this Court award any other relief this Court deems just and proper. Respectfully Submitted, Chicago Audio Video Design Corporation d/b/a Sound X By: One of it Timothy M. Hughes Lavelle Law, Ltd. 27743 501 West Colfax St. Palatine 111 67 SA62514500\6355WitatIon\Emergency Motion Obi to Citation.cloc Page 3 of 3 EFTA01125930 04/08/2014 14:34 (FAX) P.0051008 rage 1 or i CORPORATION FILE DETAIL REPOR7' [Entity Nome CHICAGO AUDIO VIDEO File Number 01612512 DESIGN CORPORATION Statue __JI/cm Entity Typo I Incorporation Date 1 [CORPORATION 00/0512001 Type of Corp 1DOMESTIC ECA Mate I (ILLINOIS (Demesne) Agent Name SUSAN L DAWSON Agent Change Gate H 0420/2012 Agent Street Addree WM ALGONQUIN RD STE 30:31 PruldaM Name i Address JOHN BRANSKY 950 W NORTHWEST HWY BARRINGTON R60010 [Agent City F ROLU43 —MEADOWS Secretary Nemo & Address SAME Agent Zlp 00006 rn Du tIon Data PERPMAL Annual Report Piling 00112/2013 F0rYoar Date 2013 Assumed Name INACTIVE • AURORA SYSTEMS INACTIVE • CHICAGO AUDIO VIDEO DESIGN ACTIVE - SOUND X Old Corp Name 00/27/2010 • NORTHERN SKY SATELLITE CORPORATION agjaralagafr ea eaggEgm Certificate of Good Standing `Purchase (One Certificate per Transaction) SACK TO HOME PAGE EXHIBIT iq hap://www.ilsos.govicorporatelic/CorporateLlcController 1/17/2014 EFTA01125931 04/08/2014 14:34 P.006/008 rage I of 1 JESSE WEITE SECRETARY OF STATE y.0 FILE DETAIL REPORT SWay Name File Number 01572044 Status REVOKED On I 01/00/2000 EllEtY Type -J I u.c Type of LLC Foreign File Date F°712°I2M —11-Jurisdiction [-FT. Agent Name MYRON N. GOLDSTEIN Agent Change Date M0 07/2 ocoa — Agent street Address 770 FRONTAGE RD.. GTE. 103 Principal Orrice 3069 S.E. OUANSIT CIRCLE STUART, FL MOW Agent City NOwnrrieLO Management Type MGR Ziff I eagent Zip I BOOBS Duran PERPETUAL Annual Report Fling 1100/00/0000 For Year Date 2008 Assumed Name INACTIVE- SOUND X [Sedge Name n Return to the Search Screen NOT AUTHORGED TO ESTABUSH SERIFS BACK TO NOME PAGE Exi-nert / hap://www.iIsos.govicorporatelIc/CorporateLleController I/16/91)1d EFTA01125932 04/0812014 14:34 TAY) P.0071008 IN THE CIRCUIT OF THE NINETEENTH JUDICIAL CIRC UIT LAKE COUNTY, ILLINOIS Jeffrey Epstein and L.S.J., LLC ) Plaintiffs,) ) v. ) Case Number: 13 MR 1617 ) Nick Lambros and AVLC, LLC ) Sound X ) Defendants ) and ) ) American Chartered Bank, 1199 E. Higgins ) Road, Schaumburg, IL 60173 ) Garnishee. ) Affidavit of John Bromic's, I, John Bransky, being first duly sworn on oath depose and state as follows: 1. I am of legal age and each of the statements herein is true and to me of my own personal knowledge. If called as a witne correct and known ss, I could and would competently testify thereto. 2. I am the President and Secretary of Chicago Audio Video d/b/a Sound X ("CAVD"). Design Corporation 3. CAVD is the co-owner of a checking account at Amer account #: XXX1374. ican Chartered Bank 4. The above American Chartered Bank account was opene CAVD and has never had any other party on title to the accou d only in the name of nt at any time. 5. Nick Lambros is an authorized signer on the CAVD Amer account XXX1374, however he is not nor never was on title ican Chartered Bank to that or any CAVA bank account. 6. Nick Lambros is not a shareholder of CAVA and is only an employee of CAVD. 7. On or about August 27, 2010, CAVD's application to State for an assumed name "Sound X" was granted. the Illinois Secretary of 8. The garnishment summons served on American Chartered account XXX1374 with $11,930.80, which frozen funds Bank has frozen our has created a hardship on CAVD in Page 1 of 2 EFTA01125933 04/08/2014 14:34 P.0081008 being able to meet its current accounts payables and payro ll, as well as, the impact with vendors on accounts payable checks outstanding. 9. The frozen CAVD funds at American Chartered immediately in order for CAVD to continue to be able to Bank need to be released meet its current accounts payables and payroll obligations. 10. CADV was not a part to the above captioned lawsuit es belief it involved one of our employees and a Florid upon information and a LLC. 11. Further Affiant sayeth not. John Bransky Subscribed and sworn to before me on April 8, 2014 Notary Public Document prepared by: Timothy M. Hughes Lavelle Law, Ltd. 501 West Colfax St. 60067 Attorney Number: 27743 SA6251-6500 63551CitailoMaffidavit John Bransky 4.08 14 doc Page 2 of 2 EFTA01125934