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, Wells Fargo, N.A., a national banking association, Garnishee. No. CV-03-0839-PHX-SRB WRIT OF GARNISHMENT (NON-EARNINGS)

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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.

1774307.1

Case 2:03-cv-00839-SRB

Document 185-2

Filed 01/06/2006

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

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The name and address of the Garnishee or its authorized agent is: Wells Fargo Arizona, N.A. 100 W. Washington Phoenix, Arizona 85003 The name and address of the Judgment Creditors, DriveTime Corporation

2.

and Ernie Garcia CEO et al (Ugly Duckling) and its attorney is: Elizabeth A. Petersen Robert G. Vaught Snell & Wilmer One Arizona Center Phoenix, AZ 85004 Attorneys for Plaintiff 3. The outstanding balance due on the Judgment against Janet Rose Roth as of

Snell & Wilmer L.L.P.

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this date is for Defendant's attorneys' fees in 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. 4. Creditors is: Janet Rose Roth 1538 Palmdale Drive Tempe, Arizona 85282 GARNISHEE SHALL ANSWER WITHIN TEN (10) DAYS, EXCLUSIVE OF THE DATE OF SERVICE, ACCORDING TO THE INSTRUCTIONS SERVED HEREWITH The last mailing address of the Judgment Debtor known to the Judgment

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Document 185-22 - Filed 01/06/2006

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

Garnishee shall answer in writing under oath the following: 1. 2. 3. 4. 5. 6. Whether the Garnishee was indebted to or otherwise in possession of monies of the Judgment Debtor at the time the Writ was served; The total amount of indebtedness or monies in possession of the Garnishee at the time the Writ was served; The total amount of indebtedness or monies withheld by the Garnishee pursuant to the Writ; The amount of indebtedness or monies not withheld by the Garnishee, and the reason for not withholding; Whether the Garnishee was in possession of personal property of the Judgment Debtor at the time the Writ was served; A description of each item, or group of items, of personal property of the Judgment Debtor in the Garnishee's possession at the time the Writ was served; A list of the personal property withheld by the Garnishee pursuant to the Writ; What other person or entity, within his knowledge, is indebted to the Judgment Debtor or in possession of personal property of the Judgment Debtor; Whether the Garnishee is a corporation in which the Judgment Debtor own shares of stock or some other interest; A statement of the number and types of shares owned by the Judgment Debtor and a description of any other interest the Judgment Debtor own in the Garnishee corporation as of the date the Writ was served, as shown on the corporation's records; The name, address and telephone number of the Garnishee; The date and manner of delivery of a copy of the Writ and the Notice to Judgment Debtor to the Judgment Debtor; The date and manner of delivery of a copy of the Answer to the Judgment Creditor and Judgment Debtor. SUMMONS In obedience of the foregoing Writ of Garnishment, I DO HEREBY SUMMON AND REQUIRE YOU TO APPEAR and answer the foregoing Writ in the manner

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7. 8.

9. 10.

11. 12. 13.

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Document 185-23 - Filed 01/06/2006

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

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 entered 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. § 121583. SIGNED AND SEALED this ___ day of January, 2006. CLERK OF THE COURT

Snell & Wilmer L.L.P.

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Document 185-24 - Filed 01/06/2006

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