03/20/2013 — TJ2010000258 TEWALT, BRET A 03/20/2013 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/21/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
03/20/2013
Docket Code 046
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
Deputy
VILLAS AT TIERRA BUENA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
BRET A TEWALT, et al.
DANIELLE K TEWALT
7372 W SHANGRI CA RD
PEORIA AZ 85345
MINUTE ENTRY
IT IS ORDERED setting Hearing on Objection to Garnishment filed by the Judgment
Debtor, Danielle Tewalt, on March 26, 2013 at 2:30 p.m. in this division:
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 001
Phoenix, AZ 85003
LET THE RECORD REFLECT that notification of the above hearing is given to:
Judgment Creditor via: electronic mail and minute entry.
Judgment Debtor via: mail and minute entry.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
03/20/2013
Docket Code 046
Form V000A
Page 2
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
03/26/2013 — TJ2010000258 TEWALT, BRET A 03/26/2013 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
03/29/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
03/26/2013
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
M. Nash
Deputy
VILLAS AT TIERRA BUENA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
BRET A TEWALT, et al.
DANIELLE K TEWALT
7372 W SHANGRI CA RD
PEORIA AZ 85345
MINUTE ENTRY
Courtroom: OCH 001.
2:22 p.m. This is the time set for Garnishment Objection Hearing. Judgment Creditor is
represented by counsel, Allen Quist. Judgment Debtor, Danielle Tewalt, is present on her own
behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding pending issues and judgment in effect.
Based on the testimony presented, counsel has no objection to reducing the garnishment
to the statutory minimum. Accordingly,
IT IS ORDERED that the non-exempt earnings of the Judgment Debtor, Danielle Tewalt,
withheld by the Garnishee, Capital Processing Network, LLC, after Service of the Writ of
Garnishment shall be transferred to the Judgment Creditor in an amount not to exceed 15% of the
Judgment Debtor’s disposable earnings.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
03/26/2013
Docket Code 004
Form V000A
Page 2
IT IS FURTHER ORDERED that the garnishment is a continuing lien against the non-
exempt earnings of the Judgment Debtor and subject to the 15% limitation set forth above.
A formal Order, in accordance with the above, is modified and signed by the Court and
filed (entered) with the clerk on March 26, 2013.
Discussion is further held regarding the dispute on the amount of the judgment still owed.
IT IS FURTHER ORDERED continuing this hearing to April 19, 2013 at 3:30 p.m. in
this division to allow the parties to investigate and arrive at a final calculation.
IT IS ORDERED that counsel Quist file with the Court a response to the objection
detailing the position of the Judgment Creditor in regards to its calculation of the amount owed
by close of business, April 1, 2013.
IT IS FURTHER ORDERED that Danielle Tewalt file with the Court her reply to the
response of the Judgment Creditor by close of business, April 8, 2013.
IT IS FURTHER ORDERED that both parties shall exchange by email any and all
documentation filed with the Court.
IT IS FURTHER ORDERED that if the parties reach a stipulation before the hearing set
above, they shall file with the Court the necessary documentation to vacate that hearing.
2:52 p.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
04/19/2013 — TJ2010000258 TEWALT, BRET A 04/19/2013 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/29/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
04/19/2013
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
Deputy
VILLAS AT TIERRA BUENA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
BRET A TEWALT, et al.
DANIELLE K TEWALT
7372 W SHANGRI CA RD
PEORIA AZ 85345
MINUTE ENTRY
Courtroom: OCH 001.
3:32 p.m. This is the time set for a continued Garnishment Objection Hearing. Judgment
Creditor is represented by counsel, Allen Quist. Judgment Debtor, Danielle Tewalt, is present on
her own behalf.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding the Judgment including post judgment attorney’s fees not
yet awarded.
Based on the matters presented,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
04/19/2013
Docket Code 005
Form V000A
Page 2
IT IS ORDERED sustaining Judgment Debtor’s Objection.
Further discussion is held regarding Judgment Creditor’s China Doll Affidavit in Support
of Attorney Fees.
Argument is presented regarding costs.
Further discussion is held.
Judgment Debtor is granted leave to file with the Court a Response to Judgment
Creditor’s Motion for Conformation no later than close of business, April 26, 2013.
Judgment Creditor’s Reply to Judgment Debtor’s Response is to be filed with the Court
no later than close of business, May 3, 2013.
The Court FINDS the amount due on the judgment is $1,955.15, including interest
through the date of the hearing, less any amounts withheld in accordance with the writ of
garnishment.
Further discussion is held regarding keeping the current garnishment in place.
4:44 p.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
05/08/2013 — TJ2010000258 TEWALT, BRET A 05/08/2013 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
05/09/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
05/08/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
Deputy
VILLAS AT TIERRA BUENA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
BRET A TEWALT, et al.
DANIELLE K TEWALT
7372 W SHANGRI CA RD
PEORIA AZ 85345
MINUTE ENTRY
In conjunction with the April 19, 2013, hearing on Judgment Debtor’s garnishment
objection, the Court heard argument concerning Judgment Creditor’s application for post-
judgment fees. Judgment Creditor filed on March 29, 2013, a Motion for Confirmation of
Reasonableness of Fees Awarded Pursuant to Judgment (Application) combined with its
Response to Request for Hearing. Judgment Debtor requested leave to file a post-argument
memorandum concerning the Application, and the Court granted leave and set a deadline of
April 26, 2013, for the response. The Court did not receive a response.
Having considered the Application, supporting affidavit, and the arguments presented on
April 19, 2013,
THE COURT FINDS that Judgment Creditor is entitled to $2,570 in post-judgment fees
and $244.65 in costs, for a total of $2,814.65.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
05/08/2013
Docket Code 023
Form V000A
Page 2
Judgment Debtor indicated at the garnishment hearing that she was not aware of this
lawsuit in the Justice Court. To the extent Judgment Debtor is asserting that the judgment
against her is void because she was not properly served with the summons and complaint, that
issue would be more properly pursued in the Justice Court that issued the judgment. This Court
does not have a motion properly before it with respect to that issue.
As Judgment Debtor was successful in having her objection to the garnishment sustained
with respect to Judgment Creditor’s calculation of the amount due, Judgment Debtor is entitled
to an award of her costs of $223.00 in filing the Request for Hearing. A.R.S. §§ 12-1598.07(E),
12-341.
IT IS ORDERED granting, in part, the Application.
IT IS FURTHER ORDERED awarding Judgment Creditor post-judgment fees and costs
against Bret A. Tewalt and Danielle K. Tewalt in the amount of $2,814.65, plus accruing interest
at the rate of 4.26% from this date until paid.
IT IS FURTHER ORDRED awarding Judgment Debtor Danielle K. Tewalt costs against
Villas at Tierra Buena Homeowners Association in the amount of $223.00, plus accruing interest
at the rate of 4.26% from this date until paid.
/ s / COMMISSIONER JAMES R. MORROW
JUDICIAL OFFICER OF THE SUPERIOR COURT
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
07/08/2013 — TJ2010000258 TEWALT, BRET A 07/08/2013 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/09/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
07/08/2013
Docket Code 046
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
Deputy
VILLAS AT TIERRA BUENA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
BRET A TEWALT, et al.
DANIELLE K TEWALT
7372 W SHANGRI CA RD
PEORIA AZ 85345
MINUTE ENTRY
IT IS ORDERED setting Hearing on Objection to Garnishment filed by the Judgment
Debtor, Danielle Tewalt, on July 12, 2013 at 2:00 p.m. in this division:
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 001
Phoenix, AZ 85003
LET THE RECORD REFLECT that notification of the above hearing is given to:
Judgment Creditor via: telephone and minute entry.
Judgment Debtor via: telephone and minute entry.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
07/08/2013
Docket Code 046
Form V000A
Page 2
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
07/12/2013 — TJ2010000258 TEWALT, BRET A 07/12/2013 COMMISSIONER JAMES R. MORROW View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/22/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
07/12/2013
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER JAMES R. MORROW
S. Stulz
Deputy
VILLAS AT TIERRA BUENA HOMEOWNERS
ASSOCIATION
CHARLES E MAXWELL
v.
BRET A TEWALT, et al.
DANIELLE K TEWALT
7372 W SHANGRI CA RD
PEORIA AZ 85345
MINUTE ENTRY
Courtroom: OCH 001.
2:06 p.m. This is the time set for Garnishment Objection Hearing. Counsel, Alan Quist,
is present on behalf of Judgment Creditor, Villas at Tierra Buena Homeowners Association.
Counsel, Jonathan Collins, is present with Judgment Debtor, Danielle Tewalt.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held.
IT IS ORDERED setting an Evidentiary Hearing on Judgment Creditor’s Application for
Attorney’s Fees on August 2, 2013 at 9:00 a.m., in this Division:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
TJ 2010-000258
07/12/2013
Docket Code 056
Form V000A
Page 2
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 001
Phoenix, AZ 85003
IT IS FURTHER ORDERED that in addition to counsel, a representative of Judgment
Creditor, Villas at Tierra Buena Homeowners Association, shall appear at the above scheduled
hearing.
IT IS FURTHER ORDERED that Judgment Creditor is to provide Judgment Debtor a
copy of the attorney fee agreement as discussed on the record no later than close of business,
July 19, 2013.
Any response to Judgment Creditor’s Application for Attorney’s Fees is to be filed with
the Court no later than close of business, July 26, 2013.
Any reply to Judgment Debtor’s response is to be filed with the Court no later than close
of business, July 31, 2013.
2:30 p.m. Matter concludes.
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
