Free Application for Writ - District Court of Arizona - Arizona

David N. Ingrassia (#010936) DAVID N. INGRASSIA, P.C. 1212 East Osborn Road Phoenix, Arizona 85014 Telephone: (602) 604-0099 Facsimile: (602) 604-0110 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CITICAPITAL TECHNOLOGY FINANCE, INC., formerly known as EAB Leasing Corp., a Pennsylvania corporation, and CITICAPITAL COMMERCIAL LEASING CORPORATION, formerly known as Associates Leasing, Inc., an Indiana corporation, predecessor in interest to real party in interest, GENERAL ELECTRIC CAPITAL CORPORATION, Plaintiffs, vs. GRANT H. GOODMAN AND TERI B. GOODMAN, husband and wife, Defendants.
CLEAR CHANNEL BROADCASTING, INC., Garnishee.

Case No. CV03-01587 PHX JAT
WRIT OF GARNISHMENT AND SUMMONS (EARNINGS)

THE UNITED STATES OF AMERICA TO ANY OFFICER WHO IS AUTHORIZED BY LAW TO SERVE PROCESS: JUDGMENT CREDITOR'S CLAIM OF $284,786.71, together with interest, costs and other relief in this action against the following Judgment Debtors:

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Teri B. Goodman 4156 N. 49th Street Phoenix, AZ 85018

THEREFORE, you are commanded to summon and appear before this Court the Garnishee whose name and address appears below and who is believed to be within your county. The Judgment Creditor states as follows: 1. Judgment Creditor has two Judgments against the above-described Judgment

Debtor(s) in the amount of $284,786.71 as of the date of issuance of this Writ of Garnishment. On the date of this Application, Judgment Debtors owe $214,920.27 plus interest through April 10, 2007 in the amount of $33,909.08 on the judgment dated July 21, 2006, and $35,281.82 plus interest in the amount of $675.54 on the judgment dated November 22, 2006. The outstanding balance due on the Judgments as of April 10, 2007 is $284,786.71. 2. The rate of interest on these Judgments is the applicable federal rates from entry of

judgment until paid in full. 3. The name and address of the Garnishee is: Clear Channel Broadcasting, Inc. c/o Corporate Service Company, Statutory Agent 2338 W. Royal Palm Road, Suite J Phoenix, AZ 85021 4. The last known mailing address of Judgment Debtor(s) is:
Teri B. Goodman 4156 N. 49th Street Phoenix, AZ 85018

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5.

The Judgment Creditor's name and address is: General Electric Capital Corporation c/o David N. Ingrassia, P.C. 1212 E. Osborn Road Phoenix, AZ 85014 And its attorney's name and address are: David N. Ingrassia DAVID N. INGRASSIA, P.C. 1212 East Osborn Road Phoenix, Arizona 85014

TO THE ABOVE-NAMED GARNISHEE: GARNISHEE SHALL answer in writing, under oath, within ten (10) days after the service of the Writ of Garnishment upon you, all of the following questions: 1. Whether the Judgment Debtor(s) was employed by the Garnishee on the date the

Writ was served; 2. Whether the Garnishee anticipated owing earnings within sixty (60) days after the

date of service of the Writ; 3. If the Garnishee is unable to determine the identity of the Judgment Debtor(s) after

making a good faith effort to do so, a statement of the effort made and reasons for such inability. 4. 5. The dates of the next two paydays occurring after the date of service of the Writ. The pay period of the Judgment Debtor(s), whether weekly, biweekly,

semimonthly, monthly or another specified period. 6. 7. The amount of the outstanding Judgment now due and owing as stated in the Writ. Whether the Judgment Debtor(s) is subject to an existing wage assignment,

garnishment or levy, and if so, the name, address and telephone number of that Judgment

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Creditor. 8. 9. The name, address and telephone number of the Garnishee. The date and manner of delivery of a copy of the Answer to the Judgment

Debtor(s) and Judgment Creditor. FROM AND AFTER SERVICE of the Writ of Garnishment, the Garnishee shall not pay to the Judgment Debtor(s) any earnings which are not exempt. IF IT APPEARS FROM THE ANSWER OF THE GARNISHEE that the Garnishee was indebted to the Judgment Debtor(s) for disposable earnings when the writ was served, the garnishment shall be continuing in nature, subject to the following conditions: 10. 11. The garnishment constitutes a lien against nonexempt earnings. The garnishment is the equivalent of a court ordered assignment, compelling the

garnishee to remit the nonexempt earnings to the Plaintiff, as they are earned, A.R.S. Section 121598.10. 12. The garnishment shall survive until any of the following occurs: a. b. The underlying judgment is satisfied in full, is vacated, or expires. The Judgment Debtor(s) leaves the Garnishee's employ for more than sixty (60) days. c. d. The Judgment Creditor releases the garnishment. The proceedings are stayed by a court of competent jurisdiction, including the United States Bankruptcy Court. e. The Judgment Debtor(s) has not earned any nonexempt earnings for at least sixty (60) days.

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f. 13.

The Court orders that the garnishment be quashed.

Garnishments, levies and wage assignments which are not for the support of a

person are inferior to wage assignments for the support of a person. Garnishments which are not for the support of a person and levies are inferior to garnishments for the support of a person. 14. If a Judgment Debtor(s)' earnings become subject to more than one Writ of

Garnishment, and because of the application of the priorities, a Judgment Creditor recovers no nonexempt earnings for two (2) consecutive paydays, the lien on earnings of such Judgment Creditor is invalid and of no force and effect, and the Garnishee shall notify the Judgment Creditor accordingly.

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SUMMONS In obedience to the attached and foregoing Writ of Garnishment, I DO HEREBY SUMMON AND REQUIRE YOU TO APPEAR and answer the foregoing Writ and in the manner prescribed by law within the times prescribed in said Writ. You are hereby notified that in case you fail to so answer, the Court may issue an order requiring you to appear in person before it to answer the Writ or to file and serve, at least five (5) days before the appearance date, a copy of the answer on the party for whom the Writ has been issued, or on his attorney if the party is represented by counsel. If you fail to appear or to file and serve the answer as specified in the order, judgment by default may be rendered against you for the full amount of the relief demanded in the Complaint of the Plaintiff and not merely for the amount you may owe to the Defendant, and that such judgment may be so rendered in addition to any other matters which may be adjudged against you as prescribed by law.

SIGNED AND SEALED this date:

__________________________________

__________________________________ Clerk By______________________________ Deputy Clerk of the U.S. District Court

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