01/31/2019 — TJ2018005009 OWNERS ASSOCIATION, STETSON VALLEY 01/31/2019 HONORABLE DAVID W. GARBARINO View Minute Entry ↑ top
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Clerk of the Superior Court *** Electronically Filed *** 02/01/2019 8:00 AM SUPERIOR COURT OF ARIZONA MARICOPA COUNTY TJ 2018-005009 01/31/2019 Docket Code 023 Form V000A Page 1 CLERK OF THE COURT HONORABLE DAVID W. GARBARINO L. Brown Deputy STETSON VALLEY OWNERS ASSOCIATION BETH MULCAHY v. SARA SAYLOR SARA SAYLOR NO ADDRESS ON RECORD MARGARET DEBOLSKE 5201 EAST EVANS DR. SCOTTSDALE AZ 85254 COMM. GARBARINO MINUTE ENTRY The Answer of Garnishee reflects that third party, Margaret Debolske may have an interest in the bank account that is subject to the writ of garnishment. Pursuant to A.R.S. § 12 -1595, IT IS ORDERED as follows: 1. Margaret Debolske is joined as a third party to this garnishment proceeding. Unless the third parties request a hearing within 20 days AFTER SERVICE OF THIS ORDER UPON THEM, the court shall assume that said third party has no legal interest in the garnished funds or property in question. If there is no request for hearing, the court may, on application of the Judgment Creditor ACCOMPANIED BY PROOF OF SERVICE OF THIS ORDER ON THE THIRD PARTY, order that the Judgment Creditor have judgment against SUPERIOR COURT OF ARIZONA MARICOPA COUNTY TJ 2018-005009 01/31/2019 Docket Code 023 Form V000A Page 2 the Garnishee for the amount of non-exempt funds or property it is holding.1 2. A hearing may be requested by completing a request for hearing form, filing it with the Clerk of Court, and providing one copy to this court at the following location: Comm. David Garbarino, East Court Building #813, 101 West Jefferson, Phoenix, Arizona 85003. IT IS FURTHER ORDERED denying the Application for Judgment Against Garnishee without prejudice. 1 See, Mervyn’s, Inc. v. Superior Court In and For Maricopa County, 144 Ariz. 297, 697 P.2d 690 (1985), for a discussion regarding the degree of notice of a garnishment proceeding that due process requires when joining a third party to a jointly held account.