Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 73

Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Doc. 73

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

Scott F. Frerichs (012715) MANN, BERENS & WISNER, LLP 3300 North Central Avenue, Suite 2400 Phoenix, Arizona 85012-2760 Telephone: [phone] Facsimile: [phone] [e-mail] E-mail: Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA HANOVER INSURANCE COMPANY, a New Hampshire corporation, ) ) ) Plaintiff, ) ) vs. ) ) ATLANTIS CONSTRUCTION & ) DEVELOPMENT CORPORATION, an ) Arizona corporation; PETERS CONCRETE, ) INC., an Arizona corporation; ENCARTA ) HOMES, L.L.C., an Arizona limited liability ) company; BRYANT PETERS and APRIL ) PETERS, husband and wife, ) ) Defendants, ) ) and ) ) JPMORGAN CHASE BANK, NATIONAL ) ASSOCIATION, a New York corporation, ) ) Garnishee. ) STATE OF ARIZONA County of Maricopa 1. ) ) ss. ) Case No.: CV 09-8053-PCT-GMS APPLICATION AND AFFIDAVIT FOR GARNISHMENT AS TO DEFENDANT PETERS CONCRETE, INC.

AFFIDAVIT OF SCOTT F. FRERICHS

The undersigned, being duly sworn, upon oath, deposes and says: On July 1, 2009, Plaintiff Hanover Insurance Company ("Hanover")

recovered Judgment against Defendant Peters Concrete, Inc. ("Peters") for the total sum of $948,468.34, which is comprised of the principal amount of $907,298.95, prejudgment interest as of June 9, 2009 in the amount of $22,868.91, attorneys' fees in the

-1Dockets.Justia.com

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

amount of $17,371.50, and costs of suit in the amount of $928.98. Pre-judgment interest accrued on the principal amount of $907,298.95 from June 10, 2009 to date of entry of the Judgment, July 1, 2009, in the amount of $5,220.08. Additionally, Judgment has borne interest from its date of entry at the rate of ten percent per annum. To date, the Judgment remains unsatisfied. 2. I am the attorney for Hanover in this action, and make this Affidavit for the

purpose of obtaining the issuance and service of a writ of garnishment directed to JPMorgan Chase Bank, N.A., as Garnishee, pursuant to Rule 64, Fed.R.Civ.P. 3. The foreign address of the Garnishee is 4 Chase Metrotech Center, Third

Floor, Brooklyn, New York 11245. 4. The address of the Garnishee's registered agent is 2394 East Camelback

Road, Phoenix, Arizona 85016. 5. I am reliably informed, and, therefore, truly believe that the above-named

Garnishee is indebted to Peters for monies which are not earnings. 6. As of the date of this Application, Peters owes, on the Judgment described

hereinabove, that total sum of $959,175.39, constituting principal, pre and post-judgment interest, and attorneys' fees and costs. Post-judgment interest continues to accrue at the rate of ten percent per annum, or at a per diem rate of $261.28. DATED this 21st day of July, 2009. s/ Scott F. Frerichs Scott F. Frerichs

-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 26
775.0001

CERTIFICATE OF SERVICE I hereby certify that on July 21, 2009, I electronically transmitted APPLICATION AND AFFIDAVIT OF GARNISHMENT AS TO DEFENDANT PETERS CONCRETE, INC. to the Clerk's Office using the CM/ECF System.

/s/

-3-