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 DriveTime Corporation and Ernie Garcia
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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9 Janet Rose Roth, No. CV-03-0839-PHX—SRB
10 Plaintiff/Judgment Debtor, WRIT OF GARNISHMENT
H ll v. (NON-EARNINGS)
E 12 DriveTime Corporation and Ernie
§ Garcia CEO et al (Ugly Duckling),
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66 " B Defendants! Judgment Creditors,
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U3 EC 15 Bank One, N.A., a national banking
O association,
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Garmshee.
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19 THE STATE OF ARIZONA
20 TO: THE SHERIFF, CONSTABLE OR ANY OTHER OFFICER OF
MARICOPA COUNTY, WHO IS AUTHORIZED BY LAW TO SERVE
21 PROCESS:
22 YOU ARE COMMANDED TO IMMEDIATELY SUMMON THE GARNISHEE
23 TO APPEAR BEFORE THE ABOVE-ENTITLED COURT TO ANSWER THIS
24 WRIT OF GARNISHMENT WITHIN THE TIME SPECIFIED.
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Case 2:03-cv-00839-SRB Document 196 Filed O1/20/2006 Page1 of4

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2 1. The name and address ofthe Garnishee or its authorized agent is: ·
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3 Bank One, Arizona, N.A.
4 201 N. Central Avenue
Phoenix, Arizona 85004
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6 2. The name and address of the Judgment Creditors, DriveTi1ne Corporation
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7 and Emie Garcia CEO et al (Ugly Duckling) and its attorney is:
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. Elizabeth A. Petersen
9 , Robert G. Vaught
; Snell & Wilmer
19 i One Arizona Center
1 Phoenix, AZ 85004
H 1] Attorneys for Plaintiff
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E, l mjgc 12 i 3. The outstanding balance due on the Judgment against Janet Rose Roth as o
13 this date is for Defendant’s attorneys’ fees in amount of $47,322.60 plus accrued and
e mis
Qi jg? 14 accruing interest thereon at the rate of 10% per annum from July 15, 2005 until paid in
gl 15 run.
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17 4. The last mailing address of the Judgment Debtor known to the Judgment
18 Creditors is:
19 Janet Rose Roth
1538 Palmdale Drive
20 Tempe, Arizona 85282
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22 GARNISHEE SHALL ANSWER WITHIN TEN (10) DAYS, EXCLUSIVE OF THE
DATE OF SERVICE, ACCORDING TO THE INSTRUCTIONS SERVED
HEREWITH ·
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c£f§‘3“b‘;0s-ev-00sss-see Document iss 2 - Filed 01/20/2006 Page 2 er 4

1 Garnishee shall answer in writing under oath the following:
2 1. Whether the Gamishee was indebted to or otherwise in (possession o
monies of the Judgment Debtor at the time the Writ was serve ;
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2. The total amount of indebtedness or monies in possession of the Garnishee
4 at the time the Writ was served;
5 3. The total amount of indebtedness or monies withheld by the Garnishee
pursuant to the Writ;
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4. The amount of indebtedness or monies not withheld by the Garnishee, and
7 the reason for not withholding;
3 5. Whether the Garnishee was in possession of personal property of the
Judgment Debtor at the time the Writ was served;
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6. A description of each item, or group of items, of personal property of the
10 Judgment Debtor in the Garnis ee’s possession at the time the Writ was
served;
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E3 is 7. A list of the personal property withheld by the Garnishee pursuant to the
gl =?§ l2 Writ;
13 8. What other person or entity, within his knowledge, is indebted to the
Judgment Debtor or in possession of personal property of the Judgment
$2 I j°Q.g='> 14 Debtor;
Kg 15 9. Whether the Garnishee is a corporation in which the Judgment Debtor own
O shares of stock or some other interest;
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10. A statement of the number and types of shares owned by the Judgment
17 Debtor and a description of any other interest the Judgment Debtor own in
A the Garnishee corporation as of the date the Writ was served, as shown on
18 the corporation’s records;
19 ll. The name, address and telephone number of the Garnishee;
20 12. The date and manner of delivery of a copy of the Writ and the Notice to
Judgment Debtor to the Judgment Debtor;
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13. The date and manner of delivery of a copy of the Answer to the Judgment
22 Creditor and Judgment Debtor.
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l SUMMONS c
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25 In obedience of the foregoing Writ of Garnishment, I DO HEREBY SUMMON
26 AND REQUIRE YOU TO APPEAR and answer the foregoing Writ in the manner
cél§”3g§‘;0s-ev-ooass-sae Document rss 3 - Fuse 01/20/2006 Page s or 4

1 prescribed by law within the time prescribed in said Writ, and you are hereby notified that
3 in case you fail to so answer, the Court may issue an order requiring you to appear before
3 the Court at a time and place specified in order to answer the Writ. In the event you fail to
4 appear after service of the order requiring you to appear, in person, judgment by default
5 may be entered against you for the full amount of the Judgment against the Judgment
6 Debtor, plus an award for attorneys’ fees incurred by Judgment Creditor. A.R.S. § 12-
7 1583. _
8 SIGNED AND SEALED thiw day of January, 2006.
9 CLERK OF THE COURT
10 €E§*·§!i8iQi it isi?
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is r‘’t Byinep ia, A ”
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