Free Application for Writ - District Court of Arizona - Arizona

1 MICHAEL ZDANCEWICZ, P LLC.
2 3550 North Central Avenue, Suite 710
Phoenix, Arizona 85012
3 Phone (602) 266-1327
Facsimile (602) 265-4391
4 Michael Zdanoewicz (#12426)
5 [email protected]
Attorneys for Judgment Creditor
6
UNITED STATES DISTRICT COURT
7
8 DISTRICT OF ARIZONA
9
LAWRENCE J. WARPIELD, as Receiver, Case No.: CV 03-2390-PHX-JAI
10 `
Judgment Creditor, APPLICATION FOR WRIT
11 OF GARNISHMENT
12 VS.. _
(Earnings)
I3 MICHAEL ALANIZ; PATRICK J. WHERLY
14 and ANDREA WHERLY, et al.,
15 Judgment Debtors,
16 ALLIANZ LIFE INSURANCE CO. OP
17 NORTH AMERICA,
18 Garnishee.
ig I am the attorney for the Judgment Creditor in this action and I make this application
20 for issuance ofa Writ of Gamishment, stating the following:
21 1. The Judgment Creditor is a party in an action to whom a money judgment has
22 been awarded.
23 2. The Judgment Creditor has made demand on Patrick J. Wherly and Andrea .
24 Wehrly (hereafter collectively referred to as the "Judgment Debtor”) for the payment ofthe
25 amount adjudged due, but the Judgment Debtor has not paid that amount and Judgment
Debtor has not agreed and continued to pay the non-exempt portion of their wages until the
Judgment is satisfied.
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3.. .Judgment Debtors owes at least:
2 Judgment Amount as to Patrick Wehrly and Andrea Wehrly
3 Principal: $39,000 .00
` Prejudgment inter est: $16,3 86 .00
4 Plus accruing interest on the unpaid principal at the Federal Judgment Rate 5..05% per
annum from February 28, 2007 rmtil the date ofthe Writ (August 20, 2007) ($5..40 per day
5 rate X 173 days)in the amount of $934..20
6 Taxable Costs: $22,283.00
Plus accruing interest on Taxable Costs at the Federal Judgment Rate of 5.05% per
7 annum from February 28, 2007 until the date of the Writ (August 20, 2007) ($3 .08 per day
rate x 173 days) in the amount of $532..84
8 TOTAL AMOUNT DUE as of August 20, 2007 for which no payment has been
9 made is $79,136.04.
10 4.. That the Garnishee is believed to be an employer of the Judgment Debtor or
otherwise owes or will owe to the Judgment Debtor dis osable earnings,
ll P
12 5. That Judgment Creditor has not received notice ofthe Judgment Debtors intent
15; to enter into an agreement for debt scheduling with a qualified consumer credit counseling
14 service or, if such notice has been received, that he timely objected in writing, to the
15 Judgment Debtors participation in such an agreement or that he has been notified that the
16 agreernent is no longer effective.
17 THEREFORE, I request that a Writ of Garnishment be issued. n
18 Dated this / 9 day of OVQ usf , 2003
19 M1cr1AEL zen nwrc rc. J
20 /Y/M /L/{
r 7
21 /s Michael Zdan `cz #1242 ) I
22 Michael Zdancewi
3550 North Central Avenue, Suite 710
23 Phoenix, Arizona 85012 F
24 ?
25 ¤
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Case 2:03-cv-02390-JAT

Document 700

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Case 2:03-cv-02390-JAT

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