Free Application for Writ - District Court of Arizona - Arizona

I MICHAEL ZDANCEWTCZ, PLLC.
2 3550 North Central Avenue, Suite 710
Phoenix, Arizona 85012
3 Phone (602) 266-1327
Facsimile (602) 265-4391
4 Michael Zdancewicz (#12426)
5 [email protected]
Attorneys for Judgment Creditor
6 .
UNITED STATES DISTRICT COURT
7
S DISTRICT OP ARIZONA
9 .
LAWRENCE J. WARPIELD, as Receiver, Case No .: CV 03-2390-PHX-JAI ;
10
Judgment Creditor, APPLICATION FOR WRIT
it OF GARNISHMENT
12 VS. .
(Earnings) g
13 MICHAEL ALANIZ; PATRICK WEHRLY E
14 and ANDREA WEHRLY; et al .,
15 Judgment Debtors,
J6 SUN LIPE ASSURANCE COMPANY OE
17 CANADA (US .),
18 Garnishee.
19 I am the attorney for the Judgment Creditor in this action and I make this application
20 for issuance ofa Writ ofGarnishment, stating the following:
21 1 The Judgment Creditor is a party in an action to whom a money judgment has
22 been awarded. J
23 2 The Judgment Creditor has made demand on Patrick Wehrly and Andrea 3-
24 Wehrly (hereafter the "Iudgment Debtors") for the payment ofthe amount adjudged due, but
25 the Judgment Debtors have not paid that amount and Judgment Debtors have not agreed and
continued to pay the non-exempt portion oftheir wages until the Judgment is satisfied. .
3 Judgment Debtors owe at least: I
1 7
Case 2:03-cv-02390-JAT Document 701 Filed 08/20/2007 Page 1 of 2

1 J udyent Amount as to Patrick Wehrly and Andrea Wehrly
2 Principal: $39,000.00
Prejudgment interest: $16,386 00
3 Plus accruing interest on the unpaid principal at the Federal Judgment Rate 5 05% per
annum fiom February 28, 2007 until the date ofthe Writ (August 20, 2007) ($5 40 per day
4 rate x 173 days)in the amount of $934.20
5 Taxable Costs: $22,283.00
Plus accruing interest on Taxable Costs at the Federal Judgment Rate of 5.05% per
6 annum from February 28, 2007 until the date ofthe Writ (August 20, 2007) ($3 08 per day
rate x 173 days) in the amount of $532.84
$7 TOTAL AMOUNT DUE as of August 20, 2007 for which no payment has been
8 made is $79,136,04.
9 4. That the Garnishee is believed to be an employer ofthe Judgment Debtor or
10 otherwise owes or will owe to the Judgment Debtor disposable earnings.
ll 5. That Judgment Creditor has not received notice ofthe Judgment Debtors intent
12 to enter into an agreement for debt scheduling with a qualified consumer credit counseling
13 service or, if such notice has been received, that he timely objected in writing, to the
E4 Judgment Debtors participation in such an agreement or that he has been notified that the
15 agreement is no longer effective Q
16 THEREFORE, I request that a Writ of Garnishment be issued.
17 Dated this day of [ 'gigti/§i` , 200} i
18 ivrrcnner. znmcnwrcz, P. .c
it 2*2/.,7,15,2 fj
20 /s/ Michael Zdance #12426)
Michael Zdancewicz ;
21 3550 North Central Avenue, Suite 710 E
22 Phoenix, Arizona 85012
24
25 j
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Case 2:03-cv-02390-JAT

Document 701

Filed 08/20/2007

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Case 2:03-cv-02390-JAT

Document 701

Filed 08/20/2007

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