Free Writ of Garnishment - District Court of Arizona - Arizona

1 Elizabeth A. Petersen (#018377)
Robert G. Vaught (#020717)
2 SNELL & WILMER L.L.P.
One Arizona Center
3 400 East Van Buren
Phoenix, AZ 85004-2202
4 602-382-6378
Attorneys for Defendants
5 Dr·iveTirne Corporation and Ernie Garcia
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9 Janet Rose Roth, No. CV—03—0839-PHX—SRB
10 Plaintiff/Judgment Debtor, WRIT OF GARNISHMENT OF
EARNINGS AND SUMMONS `
11 v.
E3 is
E I 5 12 DriveTime Corporation and Ernie
§ Eggé Garcia CEO et al (Ugly Duckling),
I3
$5 T s jg Defendants! Judgment Creditors,
. 5 14 .
1 g
i U? Tf 15 US Airways, Inc., a Delaware
i O corporation,
16 _ ‘
Garnrshee.
17
18 THE STATE OF ARIZONA
19 T0: THE SHERIFF, CONSTABLE OR ANY OTHER OFFICER OF
MARICOPA COUNTY, WHO IS AUTHORIZED BY LAW TO SERVE
20 PROCESS:
21 YOU ARE COMMANDED TO IMMEDIATELY SUMMON THE GARNISHEE
TO APPEAR BEFORE THE ABOVE—ENTITLED COURT T0 ANSWER THIS
22 WRIT OF GARNISHMENT WITHIN THE TIME SPECIFIED.
23
The outstanding balance due on the Judgment against Janet Rose Roth as of this
24
date is for the principal amount of $47,322.60, plus accrued and accruing interest thereon
25
at the rate of 10% per annum from July 15, 2005 until paid in full.
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oé§"§3é‘;0a-ov-00839-sas Document 197 Fred O1/20/2006 Page 1 of 3

1
2 1. The name and address of the Gamishee or his authorized agent is:
America West Airlines, Inc.
3 c/0 C T Corporation System, Statutory Agent
3225 North Central Avenue
4 Phoenix, Arizona 85012
5
6 2. The name and address of the judgment creditor and its attorney are:
Elizabeth A. Petersen
7 Robert G. Vaught
Snell & Wilmer L.L.P.
8 One Arizona Center
400 E. Van Buren
9 Phoenix, Arizona 85004
10
3. The last mailing address of the judgment debtor known to the judgment
M ll creditor is:
cu 22;;
E I mjgg 12 Janet Rose Roth
§ _§s§§ 1538 Palmdale Drive
13 Tempe, Arizona 85282
°*‘
E I Er 14
U3 Tam 15 GARNISHEE SHALL ANSWER WITHIN TEN (10) DAYS, EXCLUSIVE OF THE
O DATE OF SERVICE, ACCORDING TO THE INSTRUCTIONS SERVED
16 HEREWITH.
17 The Answer of Garnishee shall set forth the following:
i 18 1. Whether the Judgment Debtor was employed by the Gamishee on the date
I 19 the Writ was served;
2. Whether the Garnishee anticipates owing earnings within sixty days after
20 the date of service of the Writ;
21 3. If the Garnishee is unable to determine the identity of the Judgment Debtor
after making a good faith effort to do so, a statement of the ef ort made and
22 reasons for such inability;
23 4. The dates ofthe next two pay days occurring after the date of service of the
Writ;
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5. The pay period of the Judgment Debtor, whether weekly, biweekly,
25 semimonth y or another specified period;
26
1774333.l
Case 2:03-cv-00839-SRB Document 197 2 ‘ Filed O1/20/2006 Page 2 of 3

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1 6. The amount ofthe outstanding Judgment now due and owing as stated in the
Writ;
2
7. Whether the Judgment Debtor is subject to an existing wage assignment,
3 garnishment or levy, and if so, the name, address and telephone number of
that judgment creditor;
4
8. The name, address and telephone number ofthe Garnishee;
5
9. The date and manner of delivery of a copy of the Answer to the Judgment
6 Creditors and Judgment Debtor. ~
I 7 .__ NOTICE AND SUMMONS
8 ln obedience to the foregoing Writ of Garnishrnent, I DO HEREBY SUMMON
9 AND REQUIRE YOU TO APPEAR and answer the foregoing Writ in the manner
10 prescribed by law within the time prescribed in said Writ, and you are hereby notitied that
FG-3 1 I in case you fail to so answer, the Court may issue an order requiring you to appear before
§ i azge 12 the Court at a time and place specified in order to answer the Writ. In the event you fail to
Qgfii
13 appear after service of the order requiring you to appear, in person, judgment by default
i *** Shing _
j Tg I 14 may be rendered against you for the full amount of the Judgment against the Judgment
U; S 15 Debtor, plus an award for attorneys’ fees incurred by Judgment Creditor. A.R.S. § 12-
16 1598.12.
17 SIGNED AND SEALED thislgjf bday of January, 2006.
18 , . i _ M p
19 Clerk of the Court
gg »»·rBy···— KT .
. pu y . erk '
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22 .
23
24 _
25
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l774333.l _
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Case 2:03-cv-00839-SRB

Document 197

Filed 01/20/2006

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Case 2:03-cv-00839-SRB

Document 197

Filed 01/20/2006

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Case 2:03-cv-00839-SRB

Document 197

Filed 01/20/2006

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