EXHIBIT E

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 1 of 28
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: IAS PART 54

GEM HOLDCO, LLC, and GEM 

VENTURES, LTD., 

Plaintiffs,

-againstCHANGING WORLD TECHNOLOGIES, 

L.P., et al.,

Defendants.

Index No.: 650841/2013

(Schecter, J.)

RESTRAINING NOTICE AND 

INFORMATION SUBPOENA

CWT CANADA II LIMITED 

PARTNERSHIP, RESOURCE RECOVERY 

CORPORATION and JEAN NOELTING,

Third Party Plaintiffs,

-againstCHRISTOPHER BROWN, EDWARD 

TOBIN, ELIZABETH J. DANZIK and DEJA 

II, LLC.

TO: Jovahna Danzik

14545 North Frank Lloyd Wright Boulevard

Scottsdale, Arizona 85260

WHEREAS, a judgment was entered in this Court on September 7, 2016 in favor 

of Cross-Claim Plaintiffs CWT Canada II Limited Partnership, Resources Recovery Corporation, 

and Jean Noelting, and against Cross-Claim Defendants RDX Technologies Corporation (f/k/a 

Ridgeline Energy Services, Inc.) (“RDX”) and Dennis Danzik (“Danzik,” and with RDX, 

“Judgment Debtors”), for the amount of $7,033,491.13,

WHEREAS, the amount of $7,033,491.13, together with interest from September 

7, 2016, remains due and unpaid,

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 2 of 28
WHEREAS, it appears that you are in possession or in custody of property in 

which Judgment Debtors have an interest.

YOU ARE HEREBY COMMANDED, to answer in writing under oath, 

separately and fully, each question in the questionnaire accompanying the subpoena, each answer 

referring to the question to which it responds; and that you return the answers together with the 

original of the questions within 7 days after your receipt of the questions and this subpoena.

PLEASE TAKE NOTICE that false swearing or failure to comply with this 

Information Subpoena is punishable as a contempt of Court.

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 3 of 28
3

RESTRAINING NOTICE

Pursuant to Section 5222(b) of the Civil Practice Law and Rules, a copy of which is set 

forth below, you are hereby forbidden to (1) make or suffer any sale, assignment, or transfer 

of, or any interference with any property in which Judgment Debtors have an interest, or 

(2) transfer any income, money, or money due or to become due to Judgment Debtors or to 

any corporation, business, or entity or other designee appointed by Judgment Debtors, or 

any other party or person have some relationship to Judgment Debtors—including making 

any payments on behalf of Judgment Debtors or to be utilized to satisfy the debts or 

expenses of Judgment Debtors or for the benefit of Judgment debtors—except upon 

direction of the sheriff or pursuant to an order of the court until the aforesaid judgment is 

satisfied or vacated. This notice also covers all property in which Judgment Debtors have an 

interest hereafter coming into your possession or custody. Disobedience of this Restraining 

Notice is punishable as a contempt of court. 

Certification: I hereby certify that this information subpoena complies with Rule 5224 of the 

Civil Practice Law and Rules and Section 601 of the General Business Law that I 

have a reasonable belief that the party receiving this subpoena has in their 

possession information about the debtors that will assist the creditor in collecting 

the judgment.

Dated: February 8, 2019

New York, New York

SCHLAM STONE & DOLAN LLP

 

Joshua Wurtzel

26 Broadway

New York, New York 10004

Telephone: (212) 344-5400

Facsimile: (212) 344-7677

E-Mail: jeilender@schlamstone.com

E-Mail: bnash@schlamstone.com 

E-Mail: jwurtzel@schlamstone.com

Attorneys for Cross-Claim Plaintiffs CWT 

Canada II Limited Partnership, Resource 

Recovery Corporation, and Jean Noelting

By:

Jeffrey M. Eilender

Bradley J. Nash

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 4 of 28
4

CPLR 5222(b)

Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served 

with a restraining notice is forbidden to make or suffer any sale, assignment, transfer or 

interference with any property in which he or she has an interest, except as set forth in 

subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an 

order of the court, until the judgment or order is satisfied or vacated. A restraining notice served 

upon a person other than the judgment debtor or obligor is effective only if, at the time of 

service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession 

or custody of property in which he or she knows or has reason to believe the judgment debtor or 

obligor has an interest, or if the judgment creditor or support collection unit has stated in the 

notice that a specified debt is owed by the person served to the judgment debtor or obligor or that 

the judgment debtor or obligor has an interest in specified property in the possession or custody 

of the person served. All property in which the judgment debtor or obligor is known or believed 

to have an interest then in and thereafter coming into the possession or custody of such a person, 

including any specified in the notice, and all debts of such a person, including any specified in 

the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject 

to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is 

forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any 

such property, or pay over or otherwise dispose of any such debt, to any person other than the 

sheriff or the support collection unit, except as set forth in subdivisions (h) and (i) of this section, 

and except upon direction of the sheriff or pursuant to an order of the court, until the expiration 

of one year after the notice is served upon him or her, or until the judgment or order is satisfied 

or vacated, whichever event first occurs. A judgment creditor or support collection unit which 

has specified personal property or debt in a restraining notice shall be liable to the owner of the 

property or the person to whom the debt is owed, if other than the judgment debtor or obligor, 

for any damages sustained by reason of the restraint. If a garnishee served with a restraining 

notice withholds the payment of money belonging or owed to the judgment debtor or obligor in 

an amount equal to twice the amount due on the judgment or order, the restraining notice is not 

effective as to other property or money.

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 5 of 28
Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 6 of 28
6

IN ACCORDANCE WITH THE INSTRUCTIONS AND DEFINITIONS SET FORTH 

BELOW, ANSWER THE QUESTIONS THAT FOLLOW ON THE FORM PROVIDED 

WITHIN SEVEN (7) DAYS AND RETURN YOUR ANSWERS IN THE PRE-ADDRESSED, 

POSTAGE PAID ENVELOPE ENCLOSED HEREWITH TO: 

Schlam, Stone, and Dolan LLP 

26 Broadway 

New York, New York 10004 Attention: 

Jeffrey M. Eilender

Definitions and Instructions

1. Each question and every subpart thereof shall be answered fully and separately.

2. Answering a question by simply identifying a document, unless the question expressly 

requests only the identification of a document, will not be a sufficient answer to that 

question.

3. When any question calls for the identity of any person, you are to provide the person's:

a. full name;

b. last known business address and telephone number;

c. present occupation, title and business affiliation; and

d. occupation, title and business position during the time period to which your 

answer relates.

4. When any question requires you to identify a document, you shall state to the extent 

known:

a. the type of document;

b. the general subject matter;

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 7 of 28
7

c. the date of the document; and

d. the author(s), addressee(s) and recipient(s).

5. The term "document" means any written, printed, recorded or graphic matter of any kind, 

however produced or reproduced, including without limitation any writing, drawing, 

graph, chart, photograph, label, sign, print, package, wrapper, receptacle, advertisement, 

computer disk, tape and audio or visual recording, which is in your possession, custody 

or control.

6. The term "communication" means the transmittal of information (in the form of facts, 

ideas, inquiries, opinions, or otherwise), including without limitation any meeting, 

conversation, discussion, faxes, notes correspondence, message, or other written and oral 

communications between two or more persons, in person, on the telephone, or by any 

other means of electronic or physical communication.

7. The term "concerning" means relating to, referring to, describing, evidencing or 

constituting.

8. The term "and" and "or" shall be construed either disjunctively or conjunctively as 

necessary to bring within the scope of any request all documents that might otherwise be 

construed to be outside of its scope.

9. The terms "any" and "all" shall be construed as necessary to bring within the scope of any 

question all documents, communications or subject matter that might otherwise be 

construed to be outside its scope.

10. The use of the singular form of any word includes the plural, and vice versa, whenever 

necessary to bring within the scope of any question all documents, communications, or

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 8 of 28
8

subject that might otherwise be construed to be outside its scope. 

11. These questions are intended to be of a continuing nature. If after the service of your 

responses hereto, you should learn of any information which supplements or differs from 

the answers you supplied, you will promptly supplement your responses to the 

undersigned attorneys.

12. In the event you decline to answer any particular question, or subpart thereof, on the 

ground of any evidentiary privilege or discovery exclusion, (a) state the basis for 

assertion of the privilege or exclusionary principle, and (b) give a summary statement of 

the document's date, author, recipient, custodian and subject matter in sufficient detail to 

permit the Court to reach a determination in the event of a motion to compel.

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 9 of 28
9

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF NEW YORK: IAS PART 54 

GEM HOLDCO, LLC, and GEM 

VENTURES, LTD.,

Plaintiffs,

-againstCHANGING WORLD TECHNOLOGIES, 

L.P., et al.,

Defendants.

Index No.: 650841/2013

(Kornreich, J.)

QUESTIONS AND ANSWERS IN

CONNECTION WITH INFORMATION

SUBPOENA

CWT CANADA II LIMITED 

PARTNERSHIP, RESOURCE RECOVERY 

CORPORATION and JEAN NOELTING,

Third-Party Plaintiffs,

-againstCHRISTOPHER BROWN, EDWARD 

TOBIN, ELIZABETH J. DANZIK and DEJA 

II, LLC.

Third-Party Defendants.

STATE OF _______________: 

: ss.

COUNTY OF _____________: 

I, ________________, being duly sworn, 

depose and say that I am the recipient of an information subpoena herein and of the original and 

a copy of questions accompanying said subpoena. The answers set forth below are made from 

information obtained from my records and/or are based upon my personal knowledge. 

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 10 of 28
10

Questions

Question No. 1

Do you have a record of any account in which Judgment Debtors may have an 

interest, whether under the name of the Judgment Debtors, under a trade or corporate name, or in 

association with others, as of the date of the subpoena or within one year prior thereto? 

Answer to Question No. 1

Question No. 2

As to each such account, what is the exact title of the account, the date opened, 

amounts presently on deposit; if closed, the amount on deposit when closed and the date closed? 

Answer to Question No. 2

Title Date Opened Amount on Deposit Date Closed

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 11 of 28
11

Question No. 3

Do you have a record of any safe deposit box in which Judgment Debtors may 

have an interest, whether under the name of the Judgment Debtors, under a trade or corporate 

name, or in association with others, as of the date of the subpoena or within one year prior 

thereto? 

Answer to Question No. 3

Question No. 4

As to each such box what is the exact designation of the lessees thereof, the date 

hired, the date discontinued, the names of those having access? 

Answer to Question No. 4

Lessees Date Hired Date Discontinued Those Having Access

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 12 of 28
12

Question No. 5

Do you hold collateral in which the Judgment Debtors have or may have an interest? 

Answer to Question No. 5

Question No. 6

What is the description and value of each item of collateral? 

Answer to Question No. 6

Description Value

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 13 of 28
13

Question No. 7

What interest do the Judgment Debtors appear to have in each item of collateral? 

Answer to Question No. 7

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 14 of 28
14

Question No. 8

Are Judgment Debtors indebted to you? 

Answer to Question No. 8

Question No. 9

As to each indebtedness, what is the amount of the original indebtedness, the date 

incurred, amount repaid and date of such repayment? 

Answer to Question No. 9

Amount Date Incurred Amount Repaid Date Repaid

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 15 of 28
15

Question No. 10

Do you hold any lien, mortgage or otherwise, against property of the Judgment 

Debtors? 

Answer to Question No. 10

Question No. 11

What is the nature of each such lien, the full description of the property affected 

by the lien, the location and identity of the office of the filing or recording and full indexing 

information? 

Answer to Question No. 11

Lien Property Where Recorded Book and

or Filed Page No.

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 16 of 28
16

Question No. 12

Are any of the assets of the Judgment Debtors, in your possession or care, subject 

to liens, attachments or other encumbrances? 

Answer to Question No. 12

Question No. 13

What are the full details of the same in regard to each asset? 

Answer to Question No. 13

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 17 of 28
17

Question No. 14

Do you have any other transactions with the Judgment Debtors, directly or 

indirectly, as a result of which the Judgment Debtors may now have, or may in the future 

become entitled to, money or credit? 

Answer to Question No. 14

Question No. 15

What are the full details of each such transaction? 

Answer to Question No. 15

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 18 of 28
18

Question No. 16

Has any of the Judgment Debtors given you a statement of final condition? 

Answer to Question No. 16

Question No. 17

What assets are disclosed therein (or in the alternative supply a copy thereof)? 

Answer to Question No. 17

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 19 of 28
19

Question No. 18

For the individual Judgment Debtors, what is Judgment Debtor’s social security 

number and last place of employment? 

Answer to Question No. 18

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 20 of 28
20

Dated this ______day of _________ 2019.

________________________

Jovahna Danzik

SUBSCRIBED AND SWORN to before me this ___ day of__________ 2019, by __________ 

________________________

Notary Public 

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 21 of 28
5

EXEMPTION NOTICE 

 as required by New York Law 

YOUR BANK ACCOUNT IS RESTRAINED OR “FROZEN” 

The attached Restraining Notice or notice of Levy by Execution has been issued against your 

bank account. You are receiving this notice because a creditor has obtained a money judgment 

against you, and one or more of your bank accounts has been restrained to pay the judgment. A 

money judgment is a court's decision that you owe money to a creditor. You should be aware that 

FUTURE DEPOSITS into your account(s) might also be restrained if you do not respond to this 

notice.

You may be able to “vacate” (remove) the judgment. If the judgment is vacated, your bank 

account will be released. Consult an attorney (including free legal services) or visit the court 

clerk for more information about how to do this.

Under state and federal law, certain types of funds cannot be taken from your bank account to 

pay a judgment. Such money is said to be “exempt. ”

DOES YOUR BANK ACCOUNT CONTAIN ANY OF THE FOLLOWING TYPES OF 

FUNDS?

1. Social security;

2. Social security disability (SSD);

3. Supplemental security income (SSI);

4. Public assistance (welfare);

5. Income earned while receiving SSI or public assistance;

6. Veterans benefits;

7. Unemployment insurance;

8. Payments from pensions and retirement accounts;

9. Disability benefits;

10. Income earned in the last 60 days (90% of which is exempt);

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 22 of 28
6

11. Workers' compensation benefits;

12. Child support;

13. Spousal support or maintenance (alimony);

14. Railroad retirement; and/or

15. Black lung benefits.

If YES, you can claim that your money is exempt and cannot be taken. To make the claim, you 

must

(a) complete the EXEMPTION CLAIM FORM attached;

(b) deliver or mail the form to the bank with the restrained or “frozen” account; and

(c) deliver or mail the form to the creditor or its attorney at the address listed on the form.

You must send the forms within 20 DAYS of the postmarked date on the envelope holding this 

notice. You may be able to get your account released faster if you send to the creditor or its 

attorney written proof that your money is exempt. Proof can include an award letter from the 

government, an annual statement from your pension, pay stubs, copies of checks, bank records 

showing the last two months of account activity, or other papers showing that the money in your 

bank account is exempt. If you send the creditor's attorney proof that the money in your account 

is exempt, the attorney must release that money within seven days. You do not need an attorney 

to make an exemption claim using the form.

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 23 of 28
7

EXEMPTION CLAIM FORM 

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: IAS PART 54

GEM HOLDCO, LLC, and GEM 

VENTURES, LTD.,

Plaintiffs,

-againstCHANGING WORLD TECHNOLOGIES, 

L.P., et al.,

Defendants.

Index No.: 650841/2013

EXEMPTION CLAIM FORM

QUESTIONS AND ANSWERS IN

CONNECTION WITH INFORMATION

SUBPOENA

CWT CANADA II LIMITED 

PARTNERSHIP, RESOURCE RECOVERY 

CORPORATION and JEAN NOELTING,

Third-Party Plaintiffs,

-againstCHRISTOPHER BROWN, EDWARD 

TOBIN, ELIZABETH J. DANZIK and DEJA 

II, LLC.

Third-Party Defendants.

NAME AND ADDRESS OF JUDGMENT CREDITOR OR NAME AND ADDRESS OF 

FINANCIAL ATTORNEY INSTITUTION 

Schlam Stone & Dolan LLP Jovahna Danzik

ADDRESS A ADDRESS B 

26 Broadway, 19th Floor 14545 N. Frank Lloyd Wright Blvd

New York, New York 10004 Unit 2065

Scottsdale, AZ 85260

Directions: To claim that some or all of the funds in your account are exempt, complete both 

copies of this form, and make one copy for yourself. Mail or deliver one form to ADDRESS A 

and one form to ADDRESS B within twenty days of the date on the envelope holding this notice. 

**If you have any documents, such as an award letter, an annual statement from your pension, 

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 24 of 28
8

paystubs, copies of checks or bank records showing the last two months of account activity, 

include copies of the documents with this form. Your account may be released more quickly. 

______________________________________________________________________________

_______

______________________________________________________________________________

____________________

I state that my account contains the following type(s) of funds (check all that apply): 

.... Social security 

.... Social security disability (SSD) 

.... Supplemental security income (SSI) 

.... Public assistance 

.... Wages while receiving SSI or public assistance 

.... Veterans benefits 

.... Unemployment insurance 

.... Payments from pensions and retirement accounts

.... Income earned in the last 60 days (90% of which is exempt)

.... Child support 

.... Spousal support or maintenance (alimony)

.... Workers' compensation

.... Railroad retirement or black lung benefits

.... Other (describe exemption):_________________________ 

I request that any correspondence to me regarding my claim be sent to the following address: 

____________________________________________________________________________ 

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 25 of 28
9

(FILL IN YOUR COMPLETE ADDRESS) 

I certify under penalty of perjury that the statement above is true to the best of my knowledge and 

belief. 

______________________________________________________________________________

____________________

DATE SIGNATURE OF JUDGMENT DEBTOR 

 

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 26 of 28
10

NOTICE TO JUDGMENT DEBTOR OR OBLIGOR 

Money or property belonging to you may have been taken or held in order to satisfy a 

judgment or order which has been entered against you. Read this carefully. 

YOU MAY BE ABLE TO GET YOUR MONEY BACK 

State and federal laws prevent certain money or property from being taken to satisfy 

money judgments or orders. Such money or property is said to be “exempt.” The following is a 

partial list of money which may be exempt: 

1. Supplemental social security income (SSI); 

2. Social security; 

3. Public assistance (welfare); 

4. Spousal support, maintenance (alimony) or child support; 

5. Unemployment benefits; 

6. Disability benefits; 

7. Workers’ compensation benefits; 

8. Public or private pensions; 

9. Veterans’ benefits; 

10. Ninety percent of your wages or salary earned in the last sixty days; 

11. Twenty-five hundred dollars of any bank account containing statutorily exempt 

payments that were deposited electronically or by direct deposit within the last 

forty-five days, including, but not limited to, your social security, supplemental 

security income, veteran’s benefits, public assistance, workers’ compensation, 

unemployment insurance, public or private pensions, railroad retirement benefits, 

black lung benefits, or child support payments; 12. Railroad retirement; and 

13. Black lung benefits. 

If you think that that any of your money that has been taken or held is exempt, you must 

act promptly because the money may be applied to the judgment or order. If you claim that any 

of your money that has been taken or held is exempt, you may contact the person sending this 

notice. 

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 27 of 28
11

Also, YOU MAY CONSULT AN ATTORNEY, INCLUDING ANY FREE LEGAL 

SERVICES ORGANIZATION IF YOU QUALIFY. You can also go to court without an 

attorney to get your money back. Bring this notice with you when you go. You are allowed to

try to prove to a judge that your money is exempt from collection under New York civil practice 

law and rules, sections fifty-two hundred twenty-two-a, fifty-two hundred thirty-nine and fiftytwo forty. If you do not have a lawyer, the clerk of the court may give you forms to help you 

prove your account contains exempt money that the creditor cannot collect. The law (New York 

civil practice law and rules, article four and sections fifty-two hundred thirty-nine and fifty-two 

hundred forty) provides a procedure for determination of a claim to an exemption.

Case 2:17-cv-04140-DWL Document 98-6 Filed 02/15/19 Page 28 of 28