Free Application for Writ - District Court of Arizona - Arizona

I MICHAEL ZDANCEWICZ, P.L.L.C.
2 3550 North Central Avenue, Suite 710
Phoenix, Arizona 85012
3 Phone (602) 266-1327
Facsimile (602) 265-4391
4 Michael Zdancewicz (#12426)
5 Michael@,mzpllc.com .
Attorneys for Judgment Creditor .
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UNITED STATES DISTRICT COURT I
8 DIS TRTCT OF ARIZONA
LAWRENCE J. WARFIELD, as Receiver, Case No : CV 03-2390-PHX-JAT =
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Judgment Creditor, APPLICATION FOR WRIT E
H or GARNISHMENT ;
I2 VS. I
(Earnings)
13 MICHAEL ALANIZ; PAT RICK WEHRLY
14 and ANDREA WEHRLY; et al .,
15 Judgment Debtors,
16 EQUITRUST LIFE INSURANCE CO.,
17 Garnishee.
18 I am the attorney for the Judgment Creditor in this action and I make this application
[9 for issuance ofa Writ of Garnishment, stating the following:
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1 . The Judgment Creditor is a party in an action to whom a money judgment has
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been awarded,.
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2. The Judgment Creditor has made demand on Patrick Wehrly and Andrea f
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24 Wehrly (hereafter the “Judgment Debtor·s") 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:
J udgment Amount as to Patrick Wehrly and Andrea Wehrly I
Principal: $3 9,000 .00 r
Case 2:03-cv-02390-JAT Document 693 Filed 08/20/2007 Page 1 of 2 f

1 Prejudgment interest: $16,386 00
2 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
3 rate x 173 days)in the amount of` $934.20
Taxable Costs: $22,283.00
4 Plus accruin interest on Taxable Costs at the Federal Judgment Rate of 505% per
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5 annrun 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
6 TOTAL AMOUNT DUE as of August 20, 2007 for which no payment has been
made is $79,136.04.
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4.. That the Garnishee is believed to be an employer ofthe Judgment Debtors or
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otherwise owes or will owe to the Judgment Debtors disposable earnings.
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10 5. That Judgment Creditor has not received notice ofthe Judgment Debtors intent
H to enter into an agreement for debt scheduling with a qualified consumer credit counseling
12 service or, if such notice has been received, that he timely objected in writing, to the
13 Judgment Debtors participation in such an agreement or that he has been notified that the
I4 agreement is no longer effective.
15 THEREFORE, I request that a Writ of Garnishment be issued.
16 Dated this l Ci day of US'l` , 200}.
17 MTCWL ZDANCEWICZ, P. .C. `
18 JJ
19 /s/ Michael Zdance #12426) E
Michael Zdancewicz
20 3550 North Central Avenue, Suite 710
21 Phoenix, Arizona 85012
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Case 2:03-cv-02390-JAT

Document 693

Filed 08/20/2007

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Case 2:03-cv-02390-JAT

Document 693

Filed 08/20/2007

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