ANC Rental Corporation et al v. A Plus Auto Body & Paint Inc

Filing 16

STIPULATED JUDGMENT ON GARNISHMENT; ORDER ADOPTING REPORT AND RECOMMENDATION 15 ; denying 9 Motion for Judgment and approving 12 Stipulation: Judgment Creditor shall have Judgment against the Garnishee for $15,119.00, see PDF document for details. The Garnishee is entitled to an answer fee of $100.00. Signed by Judge Roslyn O Silver on 9/21/09. (LSP)

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

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA In Re: ANC Rental Corporation, et al. No.: MC 08-110-PHX-ROS STIPULATED JUDGEMENT ON GARNISHMENT

Debtor. Alamo Rent A Car LLC, National Car Rental Systems, Inc., and ANC Rental Corporation, (Non-Earnings) Judgment Creditors, v. A Plus Auto Body & Paint Inc., Judgment Debtor, Wells Fargo Bank, NA, Garnishee.

Magistrate Judge Michelle H. Burns issued a Report and Recommendation recommending that the Motion for Judgment be denied and that the Court approve the Stipulation and Stipulated Judgment. Based on the Court's review of the record and the parties' stipulation, the Court finds that,
1

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

1.

Wells Fargo Bank, NA (the "Garnishee") held funds belonging to A-Plus

Auto Body & Paint, Inc. (the "Judgment Debtor") in the amount of $15,223.83 at the time of service of the Writ. 2. At the time of service of the Writ the Judgment Debtor was indebted to

Judgment Creditor. 3. The court approves the stipulation entered by and between the Judgment

Creditor and the Judgment Debtor. Accordingly, IT IS ORDERED the Report and Recommendation (Doc. 15) is ADOPTED IN FULL. The Motion for Judgment (Doc. 9) is DENIED and the Stipulation (Doc. 12) is APPROVED. FURTHER ORDERED the Judgment Creditor shall have Judgment against the Garnishee for $15,119.00, consisting of the following amounts: Principal Filing/Registration Fee Service Fee of Wells Fargo Bank Statutory Bank Search Fee $15,000.00 $39.00 $55.00 $25.00

FURTHER ORDERED that Garnishee is entitled to an answer fee of $100.00 which is to be paid from the Judgment Debtor's account.
FURTHER ORDERED that $15,119.00 retained by the Garnishee pursuant to the Writ of Garnishment and this Judgment are to be immediately paid to the Trust Account of Schneider & Onofry, P.C. for the benefit of the Judgment Creditor.

2

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
3

Dated this 21st day of September, 2009.