Free Application for Writ - District Court of Arizona - Arizona

1 Law Office of James Burr Shields
382 East Palm Lane
2 Phoenix, Arizona 85004-1531
(602) 307-0780 (Office)
3 (602) 307-0784 (Facsimile)
4 James Burr Shields ll, State Bar #011711
John A. Conley, State Bar #016429
5 Blake Simms, State Bar #021595
Attorneys for Plaintiffs
6
7 IN THE UNITED STATES DISTRICT COURT
8 IN AND FOR THE STATE OF ARIZONA
9 Cathleen Channel, )
Theresa Wharry, )
10 Stacie Hanson, )
Monique Nichols, )
11 )
Plaintiffs, g Case No. CIV 2003-0100 PHX ROS
12
vs. )
13 ) APPLICATION AND AFFIDAVIT FOR
Home Mortgage, Inc., an ) WRIT OF GARNISHJVIENT
14 Arizona corporation conducting )
business in Arizona, )
15 Carl Brown; )
Molly Brown; )
16 )
Defendants. )
17 )
)
18 Bank of America, NA, )
)
19 Garnishee. )
. ..._...;)
20
21 STATE OF ARIZONA )
) ss.
22 County of Maricopa )
23 AFFIDAVIT OF JAMES BURR SHIELDS
24 The undersigned, being duly swom, upon oath, deposes and says:
25 1. On February 5, 2008, Plaintiffs recovered judgment against the
26 Defendants/Judgment Debtors Carl Brown and Molly Brown. The outstanding balance on
27 the Judgment, as of May 7, 2008, is $340,40433. Interest accrues on the amount of
28 $236,632.14 (the initial judgment and attomeys’ fee award) at the rate of .97% per annum
Ca e 2:03-cv-00100-FiOS—IVIEA Document 220 Filed 05/12/2008 Page 1 of 3

1 from July 20, 2003, until satisfaction. Interest accrues on the amount of $84,169 (the costs
2 and attomeys’ fee award in the February 5, 2008 Judgment) at the rate of .97% per annum
3 from February 5, 2008, until satisfaction. The Judgment is unsatisfied.
4 2. I am the attorney for Plaintiff in this action and make this affidavit for the
5 purpose of obtaining the issuance and service of a writ of garnishment directed to Bank of
6 America, N.A., as Garnishee.
7 3. The address of the Garnishee is 3334 N. l6‘“ Street, Phoenix, Arizona 85016.
8 4. I am reliably informed, and, therefore, truly believe that:
9 (a) [X] The above-named Garnishee is indebted to the Judgment Debtor
10 for monies which are not earnings; or
11 (b) [X] The above-named Garnishee is holding nonexempt monies on
12 behalf of the Judgment Debtors; or
13 (c) [X] The above-named Garnishee has in his possession nonexempt
14 personal property belonging to the Judgment Debtor; or
15 (d) [ ] The above-named Garnishee is a corporation and the Judgment
16 Debtor is the owner of shares in such corporation, or has a proprietary
17 interest in the corporation.
18 5. As of the date of this application, the Judgment Debtors owe, on the judgment
19 described hereinabove, $340,40433. Interest accrues on the amount of $236,632.14 (the
20 initial judgment and attorneys’ fee award) at the rate of .97% per annum from July 20, 2003,
21 until satisfaction. Interest accrues on the amount of $84,169 (the costs and attomeys’ fee
22 award in the February 5, 2008 Judgment) at the rate o_ . " " per annum from February 5,
23 2008, until satisfaction. /1/ [1-
24 J , Affiant
ig Burr Sl§g13s8 BED AND SWORN TO befo · · this td, day of May, 2008, by James
27 ?-’ . , nr It ; 1
28 mnwam *@` bl " AJLA ` Lb`;
Ca e 2:03-cv-00100-ROS-IVIEA Document Filed 05/12/2008 Page 2 of 3

1 Co e fore oing mailed
migmay of %\/lay, 2008 to:
2
James M. McGee, Esq.
3 P.O. Box 460
Cottonwood, Arizona 86326
4 Attomey for Defendants
5 Dennis L. Hall, Esq.
d.1.hal1 attorney, pl c
6 14555 North Scottsdale Road, Suite 160
Scottsdale, Arizona 85254
7 Co-Counsel for Defendants Carl and Molly Brown
8 George Tacker, Esq.
11435 W. Buckeye Road, Suite 104-412
9 Avondale, Arizona 85323-0001
Co- sel for Defendants Carl and Molly Brown
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