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Maricopa County Superior Court Case CV2013-096851: public docket details, parties, minute entries, documents, and official source links for Tapestry On Central Condominium Association.

Case Number

CV2013-096851

County

Maricopa

Caption

Not captured

Filed

12/24/2013

Case Type

Civil

Judge

Valenzuela, Michael

Location

Southeast

Official Court Record

Official Court Record

Parties

No parties captured.

Minute Entries

Michael K. Jeanes, Clerk of Court

*** Filed ***

01/11/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

01/07/2016

Docket Code 094
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
MARK W WALDRON

v.

JORGE A RUIZ, et al.
ERIN SELENE IUNGERICH

GREGORY W SEIBT
OPUS EQUITY FUND INC
PO BOX 8471
SCOTTSDALE AZ 85252

MINUTE ENTRY

The Court has received Defendant/Judgment Debtor Jorge A. Ruiz’s Petition for Release
of Excess Funds from Sheriff Sale, as well as Mill City Credit Union f/k/a General Mills Federal
Credit Union’s Objection to Defendant Ruiz’s Petition for Release of Excess Funds.

For good cause appearing,

IT IS ORDERED setting an Oral Argument Hearing on said positions for Friday,
January 15, 2016 at 9:00 a.m. (30 minutes allotted) in front of Commissioner Margaret Benny,
Courtroom 303, Southeast Facility, Maricopa County Superior Court, 222 E. Javelina Ave.,
Mesa, AZ 85210.

IT IS ORDERED that parties may ask the Court to appear telephonically by contacting
the Court by telephone at 602-506-3915 at least one day prior to the hearing. There is a limited
amount of party telephone connections available, so prior arrangements must be made.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

01/07/2016

Docket Code 094
Form V000A
Page 2

IT IS FURTHER ORDERED signing this minute entry as a formal order of this Court.

/ s / COMMISSIONER MARGARET BENNY

JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Filed ***

01/20/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

01/15/2016

Docket Code 005
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
W WILLIAM NIKOLAUS

v.

JORGE A RUIZ, et al.
ERIN SELENE IUNGERICH

GREGORY W SEIBT
COURT ADMIN-CIVIL-CCC
MARICOPA COUNTY TREASURER

MINUTE ENTRY

Courtroom 303 – SEA

9:10 a.m. This is the time set for Oral Argument regarding Judgment Debtor Jorge A.
Ruiz;s Petition for Release of Excess Funds from Sheriff Sale and Mill City Credit Union f/k/a
General Mills Federal Credit Union’s Objection. Counsel William Nikolous appears
telephonically on behalf of the Plaintiff Tapestry on Central Condominium Association. Counsel
Erin Iungerich appears telephonically on behalf of the Defendant Jorge Ruiz. Counsel Gregory
Seibt appears telephonically on behalf of Mill City Credit Union. No one else appears.

A record of the proceedings is made by CD/videotape in lieu of a court reporter.

Arguments are heard and matters are discussed as set forth on the record.

IT IS ORDERED denying Judgment Debtor Jorge A. Ruiz’s Petition for Release of
Excess Funds from Sheriff Sale.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

01/15/2016

Docket Code 005
Form V000A
Page 2

IT IS FURTHER ORDERED granting Mill City Credit Union’s verbal request for
release of the excess funds.

THE COURT FINDS that the County Treasurer has a priority lien with regards to
property taxes and interest in the approximate amount of $3755.44. Court Administration shall
verify the exact amount with the County Treasurer’s Office.

IT IS ORDERED that amount owed to County Treasurer be paid and the excess funds
remaining from the sale of the sheriff’s fund be distributed to Mill City Credit Union.

IT IS FURTHER ORDERED signing this minute entry as a formal order of this Court.

/ s / COMMISSIONER MARGARET BENNY

JUDICIAL OFFICER OF THE SUPERIOR COURT

9:22 p.m. Matter concludes.

All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp

PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing in a
courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your request
to: [email protected]

Michael K. Jeanes, Clerk of Court

*** Filed ***

01/29/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

01/28/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
W WILLIAM NIKOLAUS

v.

JORGE A RUIZ, et al.
ERIN SELENE IUNGERICH

GREGORY W SEIBT
COURT ADMIN-CIVIL-ARB DESK
MARICOPA COUNTY TREASURER

MINUTE ENTRY

Pursuant to the Court’s Minute Entry dated January 15, 2016 and Financial Services
having verified the amount to be paid from the excess funds remaining from the sale of the
sheriff’s fund is $114,497.9, and at the request of counsel for Mill City Credit Union,

IT IS ORDERED that a check shall issue in the amount of $114,497.97 made payable
to:

Mill City Credit Union
9999 Wayzata Blvd
Minnetonka, MN 55305

LET THE RECORD REFLECT that the amount payable to the County Treasurer’s
Office regarding property taxes and interest is $3755.44.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

01/28/2016

Docket Code 023
Form V000A
Page 2

IT IS FURTHER ORDERED signing this minute entry as a formal order of this Court.

/ s / COMMISSIONER MARGARET BENNY

JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Filed ***

03/03/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

02/27/2015

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
MARK W WALDRON
W WILLIAM NIKOLAUS

v.

JORGE A RUIZ, et al.
JORGE A RUIZ
11301 E MARIPOSA GRANDE DR
SCOTTSDALE AZ 85255

GENERAL MILLS FEDERAL CREDIT
UNION
NO ADDRESS ON RECORD
JORGE A RUIZ
17 W VERNON AVE UNIT 107
PHOENIX AZ 85003

MINUTE ENTRY

The Court has received and reviewed Plaintiff Tapestry on Central Condominium
Association's Certificate of No Objection and Request for Entry of Order as well as the Affidavit
of Vacancy and Abandonment filed by DW Small.

Upon review and consideration,

IT IS ORDERED granting Plaintiff's request for an entry of order that the property at 17
W. Vernon Ave., Unit 107, Phoenix, AZ 85003 or otherwise known as:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

02/27/2015

Docket Code 023
Form V000A
Page 2

Unit 107, of WILLOWWALK, A CONDOMINIUM as created by that
certain Declaration recorded in Document No. 20010-0046463 and
Amendment recorded in Document No. 2001-0569030 and as shown on
the plat recorded in Book 551 of Maps, Page 15 and Certificate of
correction recorded in Document No. 2001-1461658, records of Maricopa
County, Arizona,

TOGETHER WITH a proportionate interest in and to the common areas, as set forth in
said Declaration and as shown on said plat.

is deemed vacant and abandoned and is subject to a thirty day right of redemption.

IT IS FURTHER ORDERED signing this minute entry as a formal order of this Court.

/s/COMMISSIONER MARGARET BENNY

JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Filed ***

06/30/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

06/25/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
MARK W WALDRON

v.

JORGE A RUIZ, et al.
JORGE A RUIZ
NO ADDRESS ON RECORD

GENERAL MILLS FEDERAL CREDIT
UNION
NO ADDRESS ON RECORD

MINUTE ENTRY

In this Minute Entry Order, the summons, complaint, certificate of compulsory
arbitration, and this Minute Entry Order will be collectively referred to as the “service
documents”.

Pursuant to Plaintiff’s Motion for Alternative Method of Service electronically filed on
June 23, 2014,

IT IS ORDERED that Plaintiff may accomplish service on Defendant Jorge A. Ruiz by
doing all of the following:

(1) Mailing the service documents via first class mail to Defendant Jorge A. Ruiz at
both 17 West Vernon Avenue, Unit 107, Phoenix, AZ 85003 and 11301 E.
Mariposa Grande Drive, Scottsdale, AZ 85255;

(2) Mailing the service documents via certified mail, return receipt requested to
Defendant at the same addresses; and

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

06/25/2014

Docket Code 023
Form V000A
Page 2

(3) Posting the service documents in a conspicuous place near the front door at the same
addresses.

Service of process on Defendant shall be deemed complete upon the filing of a
Certification by Plaintiff that all of the above described steps have been completed.

/ s / HON. MARK F. ACETO

JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Filed ***

07/01/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

06/27/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
MARK W WALDRON

v.

JORGE A RUIZ, et al.
JORGE A RUIZ
NO ADDRESS ON RECORD

GENERAL MILLS FEDERAL CREDIT
UNION
NO ADDRESS ON RECORD

EXTENSION OF SERVICE DEADLINE

Pursuant to a request filed on June 24, 2014,

IT IS ORDERED extending the deadline for service to August 22, 2014. Unless service
is accomplished and proof of service is filed before that date, all claims against unserved
Defendants will be dismissed without further notice.

THE COURT NOTES THAT IT IS QUITE UNLIKELY THAT ANY REQUEST FOR
FURTHER EXTENSION OF THE SERVICE DEADLINE WILL BE GRANTED.

/ s / HON. MARK F. ACETO

JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/23/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

07/22/2014

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
MARK W WALDRON

v.

JORGE A RUIZ, et al.
JORGE A RUIZ
NO ADDRESS ON RECORD

GENERAL MILLS FEDERAL CREDIT
UNION
NO ADDRESS ON RECORD
COMM. BENNY

MINUTE ENTRY

This division has received Plaintiff’s e-filed Application for Entry of Default against
Defendant(s) Jorge A. Ruiz; and General Mills Federal Credit Union in the above-captioned
case.

IT IS ORDERED that no action will be taken by this division on the above referenced
document(s).

The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Margaret Benny.

IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.

Pursuant to Supreme Court Administrative Order No. 2010-117, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

07/22/2014

Docket Code 023
Form V000A
Page 2

default coversheet and copies of the necessary filed documents to the Commissioner’s division
for the entry of a default judgment.

IT IS FURTHER ORDERED, no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the division.

The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp

The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

08/07/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

08/06/2014

Docket Code 049
Form V000A
Page 1

CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
MARK W WALDRON

v.

JORGE A RUIZ, et al.
JORGE A RUIZ
NO ADDRESS ON RECORD

GREGORY W SEIBT

MINUTE ENTRY

The Court has received and reviewed the parties’ Stipulation to Judgment in this case.

IT IS ORDERED accepting the Stipulation electronically filed on August 4, 2014, all in
accordance with the formal written Order signed by the Court on August 5, 2014 and entered
(filed) by the clerk on August 6, 2014.

Please note: The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.

FILED: Order, signed 8/5/14

Michael K. Jeanes, Clerk of Court

*** Filed ***

10/29/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

10/27/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
MARK W WALDRON

v.

JORGE A RUIZ, et al.
ERIN SELENE IUNGERICH

GENERAL MILLS FEDERAL CREDIT
UNION
NO ADDRESS ON RECORD

RULING

The Court has read the following:

 Defendant’s Motion to Set Aside Judgment and attached Affidavit of Defendant
electronically filed on September 29, 2015;
 Response to Defendant’s Motion to Set Aside Judgment and attached exhibits
electronically filed on October 14, 2015; and
 Defendant’s Reply to Plaintiff’s Response to Defendant’s Motion to Set Aside
Judgment electronically filed on October 26, 2015.

The Defendant's Affidavit provides no facts to establish a meritorious defense to the
allegations in the Complaint. The Affidavit contains no facts to justify the lengthy delay in
seeking relief.

IT IS ORDERED denying Defendant’s Motion to Set Aside Judgment.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

10/27/2015

Docket Code 019
Form V000A
Page 2

IT IS FURTHER ORDERED signing this minute entry as a final written order of the
Court. The Court notes that no further matters remain pending and the order is entered
pursuant to Rule 54(c) of the Arizona Rules of Civil Procedure.

DATED this 27th day of October 2015.

/S/ HONORABLE ROBERT H. OBERBILLIG
______________________________________________________________
HONORABLE ROBERT H. OBERBILLIG
JUDICIAL OFFICER OF THE SUPERIOR COURT

Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/06/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

11/05/2015

Docket Code 019
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser

Deputy

TAPESTRY ON CENTRAL CONDOMINIUM
ASSOCIATION
MARK W WALDRON

v.

JORGE A RUIZ, et al.
ERIN SELENE IUNGERICH

GREGORY W SEIBT
DW SMALL
OPUS EQUITY FUND LLC
PO BOX 8471
SCOTTSDALE AZ 85252

MINUTE ENTRY

The Court has received General Mills Federal Credit Union's Motion to Intervene; and
Joinder in Plaintiff Tapestry on Central Condo. Assoc.'s Objection to Petition for Release of
Excess Funds. The Credit Union objects to Defendant Jorge Ruiz's Peition for Release of Excess
Funds from Sheriff's Sale based upon its superior interest in the funds.

THE COURT FINDS that General Mills Federal Credit Union ("General Mills FCU")
does not need to intervene as it is already a defendant in this action. General Mills FCU
stipulated to judgment against it on August 2, 2014 in favor of Plaintiff Tapestry on Central
agreeing that its interests in the subject real property were subordinate to those of the Plaintiff.
The order based upon the stipulation was signed on August 5, 2014.

IT IS ORDERED that Defendant General Mills Federal Credit Union may join
Plaintiff's Objection to Petition for Release of Excess Funds if it chooses; however, the Court

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2013-096851

11/05/2015

Docket Code 019
Form V000A
Page 2

does not see an Objection to Petition for Release of Excess Proceeds filed by Plaintiff Tapestry
on Central Condominium Association in the court's file.

The Court has become aware of an Objection to Petition for Release of Excess Funds
from Sheriff's Sale was filed by DW Small on behalf of Opus Equity Fund, LLC. He alleges that
Opus Equity Fund, LLC is the buyer of the property as a result of the Sheriff's Sale. However,
Opus Equity Fund, LLC is not a party to this action and has not asked to intervene. Opus Equity
has not asked to be substituted as successor-in-interest to Tapestry on Central Condominium
Association, nor has it endorsed the judicial officer on its filing as required (plus the
endorsement refers to the wrong filing). DW Small is not an attorney and therefore, cannot
represent Opus Equity Fund, LLC in superior court proceedings. Limited liability companies
cannot appear on their own behalf (in propria persona) nor can a member who is not an attorney
represent them in court.

Therefore,

IT IS ORDERED that the Court will not consider the objection filed by Opus Equity
Fund, LLC at this time.

IT IS ORDERED permitting General Mills FCU to file its own objection if it chooses.

IT IS FURTHER ORDERED signing this minute entry as a formal order of this Court.

/ s / COMMISSIONER MARGARET BENNY

JUDICIAL OFFICER OF THE SUPERIOR COURT

Documents