1 FENNEMORE CRAIG, P.C.
Janet Weinstein (N0. 011910)
2 Kevin J. Bonner (No. 017944)
Nicolas B. Hoskins (N0. 023277)
3 3003 North Central Avenue
Suite 2600
4 Phoenix, Arizona 85012-2913
Telephone: (602) 916-5000
5 Email: l
7
8 UNITED STATES DISTRICT COURT
9 DISTRICT OF ARIZONA
10 Century 21 Real Estate Corporation,
11 Plaintiff, No. CIV 03 2353-PHX-DGC
12 v.
I 13 Daryush B. Motlagh and Jane Doe WRIT OF GARNISHMENT (Non l
Motlagh, husband and wife; Integrity Earnings) l
14 Assurance, Inc. an Arizona corporation, ~
15 Defendants.
"' "“ "" (Assigned to the I-Ion. David G. Campbell)
16 Daryush B. Motlagh and Jennifer
Motlagh, husband and wife; Integrity
17 Assurance, Inc., an Arizona
corporation,
18
19 Counterclaimants,
20 v.
Century 21 Real Estate Corporation, a
21 Delaware corporation doin usiness in
the State of Arizona, Doesgs) 1 through
22 100,
23 Counterdefendants.
24 Wells Fargo Bank, N.A.,
25 Garnishee.
26
Case 2:03—cv—02353—DGC Document 106 Filed 06/29/2007 Page 1 of 4
r'
I THE UNITED STATES DISTRICT COURT, DISTRICT OF ARIZONA, TO:
2 THE UNITED STATES MARSHAL, AND ANY OTHER OFFICER OR INDIVIDUAL
WHO IS AUTHORIZED BY LAW TO SERVE PROCESS:
3
4 THE JUDGMENT CREDITOR (as defined below) HAS A CLAIM OF $53,390.28,
as of June 22, 2007, together with accruing post-judgment interest, costs and other relief
5 awarded in this action against the following udgment Debtor:
6 DARYUSH B. MOTLAGH and JENNIFER MOTLAGH, husband and wife
7 THEREFORE, PURSUANT TO A.R.S. § 12-1574, YOU ARE COMMANDED to
8 summon to appear before this Court the Garnishees whose names and addresses appear
below and who are believed to be within your county:
9
10 Wells Fargo Bank, N.A.
3002 N. Central Ave.
ll Phoenix, Arizona 85012
12 .
The Judgment Creditor states as follows:
13 I. The Judgment Creditor has a Judgment against the Judgment Debtor dated
14 March 20, 2007 inthe amount of $52,721.00.
15 2. As of June 22, 2007, the outstanding balance due on the Judgment, including
post-judgment interest, is $53,390.28, plus accruing interest. Interest
16 continues to accrue on the principal amount at the rate of 4.93% per annum
or $7.12 per day, based upon the current principal amount.
17 3. The name and address ofthe Garnishee is:
1 8
Wells Fargo Bank, N.A.
19 3002 N. Central Ave.
Phoenix, Arizona 85012
20
4. The name and last known mailing address ofthe Judgment Debtor is:
21
DARYUSH B. MOTLAGH and JENNIFER MOTLAGH
22 c/o Donald P Williams, Esq.
Law Office of Don P Williams
23 PO Box 5308
Goodyear, AZ 85338-0605
24 623-297-421 1 .
Fax: 623—321—8026
25
26
1'·`ENNEM.i|R‘?iq.`17,`t\[G.PC _ lh _
Case 2:03—cv—02353—DGC Document 106 Filed 06/29/2007 Page 2 of 4 _
1 5. The Judgment Creditor’s name and address is: i
2 Century 21 Real Estate Corporation .
c/0 Kevin J. Bonner
3 Fennemore Craig, P.C.
3003 N. Central Avenue, Ste. 2600
4 Phoenix, AZ 85012-2913
5 and its attorney’s name and address is:
6 Kevin J. Bonner
Fennemore Craig, P.C.
7 3003 N. Central Avenue, Ste. 2600
Phoenix, AZ 85012-2913
8
TO THE ABOVE-NAMED GARNISHEE:
9
GARNISI-IEE SHALL answer in writing, under oath, within ten (10) days after the
10 service ofthe Writ of Garnishment upon you, al ofthe following questions:
11 l. Whether the Gamishee was indebted to or otherwise in possession of monies of
the Judgment Debtors at the time the Writ was served.
12
2. The total amount of indebtedness or monies in possession of the Garnishee at the
13 time the Writ was served.
14 3. The amount of indebtedness or monies withheld by the Garnishee pursuant to the
Writ.
15
4. The amount of indebtedness or monies not withheld by the Garnishee, and the
I6 reason for not withholding.
17 5. Whether the Gamishee was in possession of personal property of the Judgment
Debtors at the time the Writ was served.
18
6. A description of each item, or group of items, of personal property of the
19 Judgment Debtors in the Garnishee’s possession at the time the Writ was served.
20 7. A list ofthe personal property withheld by the Gamishee pursuant to the Writ.
21 8. What other person or entity, within Garnishee’s knowledge, is indebted to the
Judgment Debtors or in possession of personal property of t e Judgment Debtors.
22
9. Whether the Garnishee is a corporation in which the Judgment Debtors owns
23 shares of stock or some other interest.
24 10.A statement of the number and types of shares owned by the Judgment Debtors
and a descrgion of any other interests the Judgment Debtors own in the
25 Garnishee’s orporation as of the date the Writ was served, as shown on the
Corporation’s records.
26 g
FENNEMI;j4R(1EEi1t;A1G,P.C. D 2 _
Case 2:03—cv—02353-DGC Document 106 Filed 06/29/2007 Page 3 of 4 ‘
r
1 1 I. The name, address and telephone number of the Garnishee.
2 12,The date and manner of delivery of a copy of the Writ and the Notice to the i
Judgment Debtors.
3
13.The date and manner of delivery of a copy of the Answer to the Judgment
4 Creditor and Judgment Debtors.
5
FROM AND AFTER SERVICE OF THE WRIT OF GARNISHMENT, the Garnishee shall
6 not pay to the Judgment Debtors any debt that is not exempt, nor turn over any non-exempt
personal property, stock or any other interest the Judgment Debtors own in the Garnishee
7 corporation to the Judgment Debtors.
8 SUMMONS
9 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
IO 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 reguiring you to appear in
ll person before it to answer the writ or to file and serve, at least ive (5) days before the
appearance date, a copy of the answer on the party for which the writ has been issued, or on
12 his attorney if the pai? is represented by counse . If you fail to appear or to file and serve
the answer as specific in the order, judgment by default may be ren ered against you for the
13 full amount awarded in the Judgment and not merely for the amount you may owe to the
Judgment Debtors, and that such judgment may be so rendered in addition to any other
14 matters which may be adjudged against you as prescribed by law.
I5 é g
SIGNED AND SEALED this date: Z
16
17 RICHARD H. WEAHE
Cler
“ [ia
19 By
eputy er
20
21
22
23
24 1928780
25
26
FENNEM;;2EilZ:i;x1G,PC _ 3 -
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