Free Application for Writ - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN THE UNITED STATES DISTRICT COURT IN AND FOR THE STATE OF ARIZONA

Cathleen Channel, Theresa Wharry, Stacie Hanson, Monique Nichols,

) ) ) ) ) Plaintiffs, ) ) vs. ) ) Home Mortgage, Inc., an ) Arizona corporation conducting ) business in Arizona, ) Carl Brown; ) Molly Brown; ) Greg Brown; ) Jane Doe Brown; ) ) Defendants. ) ____________________________)

Case No. CIV 2003-0100 PHX ROS WRIT OF GARNISHMENT

TO UBS Financial Services, Inc., Carl Brown and Molly Brown: The above-named Cathleen Channel, Theresa Wharry, Stacie Hanson and Monique Nichols claim that the above-named Carl Brown and Molly Brown are indebted to Cathleen Channel, Theresa Wharry, Stacie Hanson and Monique Nichols and that the amount of Three Hundred Forty Thousand Four Hundred Four Dollars and Thirty-Three Cents ($340,404.33) should be held to satisfy that indebtedness and has applied for a writ of garnishment against you. The name and address of the Garnishee or his authorized agent is: UBS Financial Services, Inc., 2555 Camelback Road, Suite 2600, Phoenix, Arizona 85016. The name and address of Cathleen Channel, Theresa Wharry, Stacie Hanson and
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Case 2:03-cv-00100-ROS-MEA

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Monique Nichols , the Judgment Creditors, and their attorney, James Burr Shields, are: Cathleen Channel, Theresa Wharry, Stacie Hanson and Monique Nichols, c/o James Burr Shields, Esq., 382 East Palm Lane, Phoenix, Arizona 85004-1531. The last known mailing address of the Judgment Debtors are: Carl Brown and Molly Brown, c/o George A. Tacker, Esq., 11435 W. Buckeye Road, Suite 104-412, Avondale, Arizona 85323-0001. You are hereby commanded to answer this writ by filling in the attached form according to the instructions thereon, and to mail or deliver the original of such answer to the Court, with one copy to the Plaintiffs' attorney, and one copy to the Defendants, within ten (10) days after the service of the writ upon you. Unless directed by the Court, do not pay any debt owed the Plaintiffs when this writ was served, or deliver, sell, or transfer, or recognize any sale or transfer of, any personal property or effects of the Defendants in your possession or control when this writ was served; any such payment, delivery, or transfer is void as to so much of the debt, property or shares as are necessary to satisfy the claim of Plaintiffs and costs for this writ with interest. In the event that you owe to Defendants a debt payable in money and subject to this garnishment in excess of the amount set forth in the first paragraph of this garnishment, you must hold only the amount set forth in said first paragraph of this garnishment and may release all additional funds or property to Defendants. WHETHER OR NOT YOU OWE ANYTHING TO THE DEFENDANTS, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR THE CLAIMED DEBT TO PLAINTIFFS. NOTICE TO DEFENDANTS: THE LAW MAY PROTECT CERTAIN TYPES AND AMOUNTS OF YOUR INCOME AND PROPERTY FROM GARNISHMENT. TO CLAIM SUCH EXEMPTIONS, YOU MUST FILE A SWORN STATEMENT WITH THE COURT WITHIN TEN DAYS AFTER THE GARNISHEE ANSWERS THIS WRIT.
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Case 2:03-cv-00100-ROS-MEA

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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 Debtors, plus an award of attorneys' fees incurred by Judgment Creditors. A.R.S. § 12-1583. SIGNED AND SEALED this ______ day of May, 2008. Clerk of the U.S. District Court District of Arizona

By_________________________________

Case 2:03-cv-00100-ROS-MEA

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Filed 05/12/2008

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