Free Application for Writ - District Court of Arizona - Arizona

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Elizabeth A. Petersen (#018377) Robert G. Vaught (#020717) SNELL & WILMER L.L.P. One Arizona Center 400 East Van Buren Phoenix, AZ 85004-2202 602-382-6378 Attorneys for Defendants DriveTime Corporation and Ernie Garcia IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Janet Rose Roth, Plaintiff/Judgment Debtor, v. DriveTime Corporation and Ernie Garcia CEO et al (Ugly Duckling), Defendants/Judgment Creditors, US Airways, Inc., a Delaware corporation, Garnishee. THE STATE OF ARIZONA TO: THE SHERIFF, CONSTABLE OR ANY OTHER OFFICER OF MARICOPA COUNTY, WHO IS AUTHORIZED BY LAW TO SERVE PROCESS: YOU ARE COMMANDED TO IMMEDIATELY SUMMON THE GARNISHEE TO APPEAR BEFORE THE ABOVE-ENTITLED COURT TO ANSWER THIS WRIT OF GARNISHMENT WITHIN THE TIME SPECIFIED. The outstanding balance due on the Judgment against Janet Rose Roth as of this date is for the principal amount of $47,322.60, plus accrued and accruing interest thereon at the rate of 10% per annum from July 15, 2005 until paid in full. No. CV-03-0839-PHX-SRB WRIT OF GARNISHMENT OF EARNINGS AND SUMMONS

Snell & Wilmer L.L.P.

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1774333.1

Case 2:03-cv-00839-SRB

Document 187-2

Filed 01/06/2006

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

1. The name and address of the Garnishee or his authorized agent is: America West Airlines, Inc. c/o C T Corporation System, Statutory Agent 3225 North Central Avenue Phoenix, Arizona 85012 2. The name and address of the judgment creditor and its attorney are: Elizabeth A. Petersen Robert G. Vaught Snell & Wilmer L.L.P. One Arizona Center 400 E. Van Buren Phoenix, Arizona 85004 3. The last mailing address of the judgment debtor known to the judgment creditor is: Janet Rose Roth 1538 Palmdale Drive Tempe, Arizona 85282

Snell & Wilmer L.L.P.

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GARNISHEE SHALL ANSWER WITHIN TEN (10) DAYS, EXCLUSIVE OF THE DATE OF SERVICE, ACCORDING TO THE INSTRUCTIONS SERVED HEREWITH. The Answer of Garnishee shall set forth the following: 1. Whether the Judgment Debtor was employed by the Garnishee on the date the Writ was served; 2. Whether the Garnishee anticipates owing earnings within sixty days after the date of service of the Writ; 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 effort made and reasons for such inability; 4. The dates of the next two pay days occurring after the date of service of the Writ; 5. The pay period of the Judgment Debtor, whether weekly, biweekly, semimonthly or another specified period;

1774333.1

Case 2:03-cv-00839-SRB

Document 187-22 - Filed 01/06/2006

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

6. The amount of the outstanding Judgment now due and owing as stated in the Writ; 7. Whether the Judgment Debtor is subject to an existing wage assignment, garnishment or levy, and if so, the name, address and telephone number of that judgment creditor; 8. The name, address and telephone number of the Garnishee; 9. The date and manner of delivery of a copy of the Answer to the Judgment Creditors and Judgment Debtor. NOTICE AND SUMMONS In obedience to the foregoing Writ of Garnishment, I DO HEREBY SUMMON AND REQUIRE YOU TO APPEAR and answer the foregoing Writ in the manner prescribed by law within the time prescribed in said Writ, and you are hereby notified that in case you fail to so answer, the Court may issue an order requiring you to appear before the Court at a time and place specified in order to answer the Writ. In the event you fail to appear after service of the order requiring you to appear, in person, judgment by default may be rendered against you for the full amount of the Judgment against the Judgment Debtor, plus an award for attorneys' fees incurred by Judgment Creditor. A.R.S. § 121598.12. SIGNED AND SEALED this day of January, 2006.

Snell & Wilmer L.L.P.

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Clerk of the Court By Deputy Clerk

1774333.1

Case 2:03-cv-00839-SRB

Document 187-23 - Filed 01/06/2006

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