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JANUARY 2018 || VOL. 4 ISS. 5
BETWEEN NEIGHBORS Editor’s note
TA P T H AT A Z
Local Eric Walters finds success with craft beer podcast
D I R E C T O RY
Deer Valley businesses
Gyros Town Mediterranean Food
Fun things to do in January
W E AT H E R Air quality
FA M I LY
Passing the baton
The Nefertiti Lift
Let it snow
H I S T O RY
The nifty ’50s
r e u t ea
20-min. stair workout
An original puzzle
An original crossword
WEBSITE 85085magazine.com 6 || 85085MAGAZINE.com || JANUARY 2018
TWITTER @85085mag || #local85085
AT LEAST ONCE in YOUR LIFETIME
Art that Connects Heaven & Earth
Tickets: 800.880.0188 ShenYun.com/AZ
Tucson Music Hall
260 S Church Ave., Tuscon, AZ 85701
1 East Main St., Mesa, AZ 85201
203 W Adams St., Phoenix, AZ 85003
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fresh | TIPS
Look Out BEWARE OF RISK-FREE TRIAL SCAMS. By Linda Vitale
HAVE YOU SEEN advertisements online or received emails that offer you a risk-free trial? All they ask is that you just pay a modest shipping fee. You say to yourself, “What have I got to lose?” My answer to that question, “plenty!” Most of these risk-free trial offers have a downside. What starts out as a risk-free trial might end up costing you loads of money. Scammers or unscrupulous companies advertise these offers. They often tout names of celebrities, who supposedly use and endorse their products. Many celebrities have had to sue these fraudsters to get their names removed from these bogus endorsements. The goal of the free-trial offer is to make you a long-term customer. The fine print (which most people don’t read) hides buying terms designed to entrap you. Once they have your credit card information for the shipping cost of your free trial, it will be nearly impossible to stop them from continuing deliveries and billing you. Had you read the fine print, you might have discovered that there was a time limit to cancel your order. If you don’t cancel by the deadline date, you’ll be billed for an additional shipment. Even if you cancelled on time, they won’t make it easy to let you off the hook. They’ll charge you for early cancellation or other additional bogus fees. You may not have noticed that there was a box automatically checked, by default, when you placed your order. That checked box puts conditions on returns and cancellations that are strict enough to make it nearly impossible to cancel. Maybe that checked box even illegally signed you up for additional products, services, or clubs fees. The end game is to continuously keep billing you every month.
If you see credit card charges you didn’t agree to, contact the company directly to sort it out. If that doesn’t work, call your credit card company to dispute the charge. As a last resort, cancel your credit card so they can’t keep charging it. Never make online purchases using your debit card, as your debit card is directly tied to your checking account, which could get cleaned out in no time at all. Instead, use a pre-paid credit card or a gift card that has a finite amount of funds available. Once the funds on a pre-paid card are used up, the company cannot keep billing it for additional or recurring charges. If you’ve been wrongly charged for a free-trial offer, report it to the Federal Trade Commission and file a complaint by going to ftc.gov/complaint.
LINDA VITALE Linda is on a mission to empower and educate the public about scams, fraud, and ID Theft. Get her book, Scam Me Once, Can’t Get Scammed Again at amazon.com. JANUARY 2018
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There’s a 100 percent chance of Snow at Desert Ridge Marketplace on Sat., Jan. 20. Bundle up the family, break out the mittens, hats, and boots, and head over to the west parking lot off Tatum Blvd. near Sandbar for live entertainment, games, winter-themed activities, and more. 10 a.m. to 1 p.m. Free. Desert Ridge Marketplace, 21001 N. Tatum Blvd., Phoenix. shopdesertridge.com
Head to the Third Annual Doggie Street Festival Dog and Cat Adopt-A-Thon in Phoenix. Celebrate and pamper your pet as you sample the latest in pet foods, services, fashion, accessories, health supplements, training, travel, and veterinary care. 10 a.m. to 4 p.m. Free. Steele Indian School Park, 300 E. Indian School Rd., Phoenix. doggiestreetfestival.org
Head to the Outlets of Anthem for Barks and Brew with live music by Waterloo Revival, a Craft Beer Garden courtesy of Lagunita’s Brewing company, pet adoptions, awesome savings, and more. Bring your furry friend down for an afternoon of fun with all proceeds benefiting the Arizona Animal Welfare League. 2 p.m. to 7 p.m. Outlets at Anthem, 4250 Anthem Way, Phoenix.
Don’t miss the chance to hear the stars of tomorrow—today—during the Young Musicians Winter Concert. Featuring some of the best young classical talent in Arizona, this concert will delight you as superb musicians showcase their astounding musical talent, maturity, and artistry. 2 p.m. $23.50. Musical Instrument Museum, 4725 E. Mayo Blvd., Phoenix. azmusicfest.org JANUARY 2018
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each winter, obstructing views and making the air we breathe a little less breathable. It seems odd that our cool, crisp air isn’t exactly mountain-fresh. But it’s actually the mountains and the winter that contribute to the problem. During the chilly months, cold air rolls off the mountains and forms a layer in the sky that traps in the pollution from car exhaust and wood burning fireplaces. Without the summer winds to blow the pollution around, it just sits there for everyone to breathe in. Yummy. And the result is that you might find yourself sneezing, sniffling, and coughing from the poor air quality. To help lessen the effects of the brown cloud, Maricopa County publishes an ongoing schedule of “no burn” days. On these days, residents are required to use wood burning alternatives such as gas fireplaces. These alternative heat sources create a fraction of the pollution as compared to wood-burning devices like stoves, fire pits, and chimineas. Simply put, propane and natural gas burn much cleaner than wood. And in case you’re wondering, these aren’t suggestions—they are listed under Maricopa County’s Residential Wood Burning Restriction Ordinance (P-26). Fines for violations start at $50, and climb to $250 a pop. That’s one expensive s’more! Enforcement of the ordinance often begins at the residential level by way of neighbor-generated complaints. The county also classifies ATVs and other off-highway vehicles as clean air offenders. On no burn days residents are asked to refrain from operating them, as they create a doublewhammy of pollution from both the exhaust they generate as well as the dirt and dust they kick up on the trails. Businesses such as construction companies are also required to keep things clean, and face substantial fines for not exercising proper dust control on the worksite. This is why you may sometimes see a homebuilder periodically “watering the dirt.” The moisture helps prevent dust from floating into the air and compounding the air quality problem. And once construction is completed, that land ceases to be an empty field of dust. If you happen to have a home with a wood-burning fireplace and you’d like to “burn cleaner,” the EPA has a list of several retrofit devices that reduce your pollution by up to 70 percent and bring you in compliance with the county. These devices let you avoid those pesky fines while you keep the home fires burning. Qualified residents can receive the retrofit devices at no charge, or receive a $2,000 credit toward converting an existing fireplace to gas. Details are available at cleanairmakemore.com/fireplace-retrofit-program Now that we’re a few weeks into winter, we’re all dutifully wearing sweaters and UGGs like department store mannequins. Except my husband. He doesn’t wear UGGs. But for everyone else, we’ve got about 60 days until spring training to rock that winter wardrobe and sip mugs of tea with two hands. Enjoy the coldness, my friends. It’s prime time for backyard living with lots of cool nights, good friends, something to sip, and a clean-burning, nonpolluting fire. The stress of the holidays is behind us, and we can finally relax, refocus, and take a deep breath (cough, cough).
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fresh | PERSPECTIVE
You’ve Been Served Judge Gerald A. Williams explains what to do if you’re served with a lawsuit. IF YOU GET served with a lawsuit, suppress any initial panic and determine how to respond. Being sued is not a spectator’s sport. You can lose by default if you simply ignore the court documents and hope the case will go away. Civil lawsuits in justice courts, unless they are small claims cases or are eviction actions, are governed in large part by the Justice Court Rules of Civil Procedure (JCRCP).
3 FILE AN ANSWER If you’re served with a summons and complaint in Arizona, you must file either an answer or a response within 20 calendar days. In your answer, you must either admit or deny the allegations in the lawsuit that has been filed against you. If you don’t know, you can also state that you lack sufficient information to admit or to deny the allegation. It’s extremely important that you file an answer. JCRCP 116. If you fail to do so, then the plaintiff can seek a default judgment against you. JCRCP 140. In short, you’ll have lost your case without the other side needing to prove anything. Sample answer forms are available on the justice courts’ web page at justicecourts.maricopa.gov/Forms/cv_Answer.pdf.
Have a law topic you’d like Judge Gerald A. Williams to tackle in his monthly column? Let us know what it is at
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JUDGE GERALD A. WILLIAMS The justice of the peace for the North Valley Justice Court. The court’s jurisdiction includes Anthem and Desert Hills.
3 DISCLOSURE STATEMENTS Arizona has a very strong public policy against trials by ambush. While surprise witnesses and previously hidden documents have made for some good courtroom drama, that type of drama only happens in movies and in television shows. Within 40 days after the defendant has filed an answer, both sides are required to provide to the other side a list of their witnesses, a list of people with knowledge about the case, and a copy of all of their exhibits. JCRCP 121. Sample disclosure statement forms are available on the justice courts’ web page at justicecourts.maricopa.gov/Forms/8150-107-disclosure-statement.pdf. One of the most common mistakes that people make is failing to disclose evidence to the other side. It does not matter if the evidence is really good or is really helpful to your case. If it was not disclosed to the other side, then the judge cannot consider it.
3 PRE-TRIAL CONFERENCE OR MEDIATION Depending on the judge, your case will likely be set for either a pre-trial conference or for a mediation. JCRCP 130 & 131. I don’t set a case for mediation unless I know that both sides want to go; so, shortly after an answer is filed, my court sets civil lawsuits for a pre-trial conference. At that point the case will likely either settle, be set for mediation, or be set for a trial.
Are There Any
There are two ways to lose your day in court even if you filed an answer. For example, if you’re sued for not paying a bill, and in your answer, you admit that you owe everything being requested and just want to work out a payment plan, then that could trigger a Motion for Judgment on the Pleadings. JCRCP 128(g). We only have trials to resolve disputes of fact. If none of the facts are being disputed, then there’s nothing to have a trial about. If a judge grants a Motion for Judgment on the Pleadings, then a judgment will be entered against the defendant. So what do you do if you really do just want a payment plan? Contact the other side as early in the process as possible. Another dispositive motion that can cut off your day in court is a Motion for Summary Judgment. JCRCP 129. If the plaintiff has filed a summary judgment motion, then they’re claiming that there are no genuine factual disputes and that they’re entitled to a judgment as a matter of law. The plaintiff is required to attach a statement of facts explaining what their evidence would be if the case were to go to trial. Think of a Motion for Summary Judgment as saying, “Hey, judge. The facts are not in dispute. The law is clear. Let’s not waste anyone’s time. Just give me what I’m asking for now.” If you don’t respond, the chances that a judge will grant it are extremely high.
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DEER VALLEY BUSINESS DIRECTORY
For information regarding business directory placement, call (623) 299-4965 Ext. 1 or email email@example.com for more details.
AC & Heating
2 AZ PERFECT COMFORT 26 W. Lone Cactus Dr. #400 Phoenix, AZ 85027 (602) 789-3000 azperfectcomfort.com
2 WEST COAST PLUMBING & AIR 23309 N. 17th Dr., #118 Phoenix, AZ 85027 (623) 582-1117 westcoastplumbingandair.com
2 ARCHERY CLUB 1115 W. Deer Valley Rd., #1 Phoenix, AZ 85027 (623) 266-4647 azarcheryclub.com
Automotive 2 ALL COUNTY COLLISION 1920 W. Deer Valley Rd. Phoenix, AZ 85027 (623) 582-2787 allcountrycollisioninc.com
2 AMERICAN MOTORSPORTS 21630 N. 9th Ave. #108 Phoenix, AZ 85027 (623) 236-3628 ammo-racing.com
2 ANTHEM AUTOMOTIVE 701 W. Deer Valley Rd. Phoenix, AZ 85027 anthemautomotive.com
2 APEX AUTOMOTIVE & EMISSIONS 21622 N. 7th Ave., Phoenix, AZ 85027 (480) 588-2250 apexautoaz.com
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Commercial & Residential Glass Repair
2 COYOTE GLASS 1745 W. Deer Valley Rd., #106 Phoenix, AZ 85027 (623) 587-4816 coyoteglassllc.com
Auto License & Title Services
2 DCR TITLE 701 W. Deer Valley Rd. Phoenix, AZ 850027 (623) 879-0341 dcrtitles.com
2 PORK ON A FORK 1515 W. Deer Valley Rd. Phoenix, AZ 85027 (623) 434-1794 porkonafork.com
2 DA VALLEY GRILL 2040 W. Deer Valley Rd. Phoenix, AZ 85087 (602) 904-6356 davalleygrill.com
2 HAYDEN ELECTRIC 940 W. Melina Lane Phoenix, AZ 85027 (623) 434-0608 haydenelectricinc.com
2 DE GRAFFICS 1515 W. Deer Valley Rd. Phoenix, AZ 85027 (623) 869-6720 degraffics.com
Kitchen & Bath
2 AVONTI KITCHEN & BATH 941 W. Deer Valley Rd. Phoenix, AZ 85027 (602) 997-7330 avontikitchenandbath.com
Land Surveying & Mapping Services
2 GEOMATICS CONSULTING GROUP 1745 W. Deer Valley Rd., #118 Phoenix, AZ 85087 (623) 580-0921 geomaticsconsultinggroup.com
2 AIRPARK PAK-N-SHIP 1855 W. Deer Valley Rd. Phoenix, AZ 85027 Phone: (623) 516-8882 airparkpaknship.com
2 HARMON SOLAR 945 W. Deer Valley Rd., #100 Phoenix, AZ 850027 (800) 281-3189 harmonsolar.com
Marble & Granite
2 ACCENT MARBLE & GRANITE 21609 N. 12th Ave., #800-900 Phoenix, AZ 85027 (623) 582-1501 accentmarblegranite.com
2 GORDON GRAPHICS, INC. 21640 N. 14th Ave. Phoenix, AZ 85027 (623) 582-0099 gg-az.com
2 GRAPHTECH GROUP 1515 W. Deer Valley Rd. #A106 Phoenix, AZ 85027 (623) 581-9333 graphtechgroup.com
2 INTEGRATIVE VET MED CENTER 615 W. Deer Valley Rd., #114 Phoenix, AZ 85027 (623) 594-2127 integrativevetmedcenter.com
Web & Hosting Services 2 DEER VALLEY DATA 1515 W. Deer Valley Rd. Phoenix, AZ 85027 (623) 434-5294 deervalleydata.com
2 VERN LEWIS WELDING SUPPLY, INC. 1745 W Deer Valley Rd Phoenix, AZ 85027 (623) 738-0341 vernlewis.com JANUARY 2018 || Interested in advertising? Call (623) 299-4965 JANUARY Ext. 1 2018 Today! || ||85085 85085MAGAZINE. MAGAZINE. com com|||| 25
A TABLE FOR TWO? Phind it
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