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Maricopa County Superior Court Case CV2016-002071

Case Header

Maricopa County Superior Court Case CV2016-002071: public docket details, parties, minute entries, documents, and official source links for Pueblo Seco Homeowners Association.

Case Number
CV2016-002071
County
Maricopa
Caption
Not captured
Filed
3/14/2016
Case Type
Civil
Judge
Cronin, Mary
Location
Downtown
Official Court Record
Official Court Record

Parties

Party Relationship Attorney
Alford E Land Claimant Pro Per
Charles Hoskins Defendant Pro Per
Chelsea E Roberts Defendant Travis Campbell
Leonard J McDonald Plaintiff MARK BOSCO
Pueblo Seco Homeowners Association Claimant W Nikolaus
Travis C Roberts Defendant Travis Campbell

Minute Entries

01/06/2017 — CV2016002071 HOSKINS, CHARLES 01/06/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

01/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

01/06/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919
W WILLIAM NIKOLAUS
MARICOPA COUNTY TREASURER

MINUTE ENTRY

In reviewing the court file, it appears as a result of a clerical error, Pueblo Seco
Homeowners Association’s (“Pueblo”) proposed Order granting release of excess proceeds was
not executed when the Order granting attorney’s fees and court costs was executed on September
20, 2016. Based on review of Pueblo’s Response to Complaint and Petition for Release of
Surplus Funds and attorney’s fees and costs having been previously awarded,

IT IS ORDERED awarding $1,211.44 from the excess proceeds as the principal balance
owing, all in accordance with the formal written Order modified and signed by the Court on
January 6, 2017 and filed (entered) by the Clerk on January 6, 2017.

The Court further notes that the assignee, Alford Land, has not filed an Affidavit of
Mailing as required by A.R.S. § 33-812(G) and lodged a proposed Order for Release of Excess
Proceeds. Until compliance with A.R.S. § 33-812(G) and (I) and lodging of a proposed Order,
no action will be taken on his Application.

02/28/2017 — CV2016002071 HOSKINS, CHARLES 02/28/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/01/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

02/28/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919
W WILLIAM NIKOLAUS
ALFORD E LAND
13215 W ASHWOOD DR
SUN CITY WEST AZ 85375-4510

MINUTE ENTRY

The Court is in receipt of Alford E. Land’s proposed Order for Release of Excess
Proceeds on February 6, 2017.

IT IS ORDERED rejecting the proposed Order as premature. Applicant failed to comply
with A.R.S. § 33-812(G). There is no Affidavit of Mailing in the electronic court record. In any
event, the proposed Order is incorrect as to the amount of proceeds to be released as proceeds
were previously released to a claimant having a superior interest. Mr. Land is only entitled to the
balance of the remaining proceeds. Upon compliance with A.R.S. § 33-812(G) and (I),
Applicant may lodge a new Order for Release of Excess Proceeds.

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

02/28/2017 — CV2016002071 HOSKINS, CHARLES 02/28/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

03/01/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

02/28/2017

Docket Code 022
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919
W WILLIAM NIKOLAUS
MARICOPA COUNTY TREASURER

MINUTE ENTRY

IT IS ORDERED approving and settling formal written Amended Order signed by the
Court on February 28, 2017 and filed (entered) by the Clerk on February 28, 2017.

Pursuant to State Rule 5(j)(2), the Clerk’s office is required to notify all parties when an
order is signed by the Court, either by mailing a conformed copy, or by minute entry. No copies
and/or envelopes having been submitted, notice is hereby given via minute entry.

05/20/2016 — CV2016002071 HOSKINS, CHARLES 05/20/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

05/23/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

05/20/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919

MINUTE ENTRY

The Court has received Certificate of Compliance listed incorrectly under cause number
CV2016-002701 from Alford Land dated May 5, 2016. It does not appear to have been filed
with the Clerk of Court as required by law. All documents must be filed with the Clerk of Court.

No action is, therefore, being taken on the above mentioned pleading.

06/01/2016 — CV2016002071 HOSKINS, CHARLES 06/01/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/02/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

06/01/2016

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919
W WILLIAM NIKOLAUS

MINUTE ENTRY

The Court is in receipt of Application for Release of Excess Proceeds of Sale by Owner
filed by Alford Land and Pueblo Seco Homeowners Association’s Response to Complaint and
Petition for Release of Surplus Funds from Trustee’s Sale Pursuant to Arizona Revised Statutes
Section 33-812.

IT IS ORDERED setting Status Conference to address the issue of priority of claims and
Alford Land’s standing to bring a claim on July 25, 2016 at 10:00 a.m. in this Division:

Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 005
Phoenix, AZ 85003

06/19/2017 — CV2016002071 HOSKINS, CHARLES 06/19/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

06/20/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

06/19/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919
W WILLIAM NIKOLAUS
ALFORD E LAND
13215 W ASHWOOD DR
SUN CITY WEST AZ 85375-4510

MINUTE ENTRY

The Court is in receipt of Alford E Land’s proposed Order received on May 25, 2017
along with an Affidavit of Mailing. Review of the court record reflects that the Affidavit of
Mailing was not filed with the Clerk of Court and, therefore,

IT IS ORDERED rejecting Alford E Land’s Affidavit of Mailing.

Accordingly,

IT IS FURTHER ORDERED rejecting the proposed Order as premature. Applicant
failed to comply with A.R.S. § 33-812(G). Upon compliance with A.R.S. § 33-812(G) and (I),
Applicant may lodge a new Order for Release of Excess Proceeds.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

06/19/2017

Docket Code 023
Form V000A
Page 2

ATTENTION SELF-REPRESENTED LITIGANTS: Unless an attorney files a notice
that he or she represents a party, the person(s) not represented by an attorney will act as his or
her own attorney. The law requires the court to hold all persons representing themselves to
the same standard as a licensed attorney. Self-represented litigants are encouraged to review
the Arizona Rules of Civil Procedure, paying particular attention to Rule 26. Please note that
only a licensed attorney may represent a corporation, LLC, or similar business entity in the
Superior Court. Ramada Inns v. Lane & Bird Advertising, 102 Ariz. 127, 426 P.2d 395
(1967).

Before the judge can consider anything you send him, you must show him that you have
given a copy of your request:

1. To the Clerk of the Court. The Clerk of the Court is a separately elected official. It is
the clerk’s job to keep an independent record of everything that happens at the court.
The court cannot act on a document that has not been made a part of that record; and

2. To every other party involved in the case. This is so all parties have a fair chance to
tell the judge what they think before he makes a decision.

Because of that, if you want the judge to consider something you send him, you must file
the original document with the Clerk of the Superior Court, mail or deliver a copy directly to this
division (that is, to the judge, using his specific courtroom address), and mail or deliver a copy to
all opposing parties. In addition, on each document you must include a signed certificate that
says whether you mailed or hand delivered each copy, when you did so, and states the specific
people and the specific addresses to which you mailed or hand delivered each copy. If a party is
represented by a lawyer, you must send or deliver the copy to the lawyer, not to the party. All
proposed orders submitted to this division must include copies of the order with self-addressed,
stamped envelopes for all parties/counsel.

Do not mail or send papers for the clerk or other parties to the judge.

If you want to file papers with the Clerk of the Court by mail, please send them to:

Clerk of the Superior Court’s Office
Civil File Counter
201 W. Jefferson
Phoenix, AZ 85003

The clerk’s guidelines for filing by mail can be found at:

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

06/19/2017

Docket Code 023
Form V000A
Page 3

http://www.clerkofcourt.maricopa.gov/filing-by-mail.asp

If you are not represented by a lawyer you must contact this division immediately and
give us a current address and telephone number. If your address or phone number changes in the
future, you must file a notice of change of address/phone number. That form can be downloaded
at no charge from the following website:

http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/Forms/alphaList.asp#gen
Or you may purchase printed forms at any of the following Superior Court Self-Service Center
locations (Monday-Friday, 8:00 a.m. to 5:00 p.m.):
Downtown Phoenix Facility

Southeast Facility
East Court Building

222 E. Javelina Ave.
101 W. Jefferson St.

Mesa, AZ 85210-6201

Phoenix, AZ 85003-2243

Northeast Court Facility

Northwest Regional Center
18380 N. 40th Street

14264 W. Tierra Buena Lane
Phoenix, AZ 85032

Surprise, AZ 85374

07/01/2016 — CV2016002071 HOSKINS, CHARLES 07/01/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/07/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

07/01/2016

Docket Code 905
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919
W WILLIAM NIKOLAUS

MINUTE ENTRY

The Court has received an ex-parte communication from Alford Land dated June 13,
2016. The Court cannot consider the contents of the communication unless notice is given to all
interested parties. All documents must be filed with the Clerk of Court, a copy of the filed
document(s) must be served on the opposing parties and this Division, and the filing must certify
that a copy was so served. If relief is requested, the letter should be in proper motion format
giving any opposition notice to file any responsive pleadings they deem appropriate.

No action is being taken on the above mentioned communication.

07/25/2016 — CV2016002071 HOSKINS, CHARLES 07/25/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

07/27/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

07/25/2016

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919
W WILLIAM NIKOLAUS

MINUTE ENTRY

Courtroom: OCH 005.

10:21 a.m. This is the time set for Status Conference. Counsel, William Nikolaus, is
present on behalf of Applicant, Pueblo Seco Homeowners Association.

A record of the proceedings is made digitally in lieu of a court reporter.

LET THE RECORD REFLECT Applicant, Alford Land, has failed to appear this date
despite having been given notice of today’s Status Conference.

Discussion is held regarding priority of claims.

THE COURT FINDS Pueblo Seco Homeowners Association has priority over all other
potential claimants.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

07/25/2016

Docket Code 029
Form V000A
Page 2

The Court takes no action on Pueblo Seco Homeowners Association’s
Petition for Release of Surplus Funds from Trustee’s Sale Pursuant to Arizona Revised Statutes
Section 33-812 until the Court receives its Application for Attorney’s Fees.

10:27 a.m. Matter concludes.

09/12/2017 — CV2016002071 HOSKINS, CHARLES 09/12/2017 COMMISSIONER MICHAEL MANDELL View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

09/15/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

09/12/2017

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL MANDELL
D. Adams

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
13215 W ASHWOOD DR
SUN CITY WEST AZ 85375
W WILLIAM NIKOLAUS
MARICOPA COUNTY TREASURER

MINUTE ENTRY

The Court has reviewed Mr. Land’s Application. Applicants must strictly comply with
the mailing requirements of A.R.S. § 33-812(G). The Court does not have proof that Applicant,
Mr. Land, mailed a copy of the Application to Wells Fargo Financial, Inc., 604 Locust, Des
Moines, Iowa 50309.

Mr. Land also must file and lodge with the Court a proposed Order for Release of Excess
Proceeds. Until full compliance with A.R.S. § 33-812(G) and lodging of the proposed Order, no
action will be taken on this Application.

10/04/2016 — CV2016002071 HOSKINS, CHARLES 10/04/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

10/06/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

10/04/2016

Docket Code 023
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS

ALFORD E LAND
3645 BOREN ST
SAN DIEGO CA 92115-6919
W WILLIAM NIKOLAUS

MINUTE ENTRY

On September 12, 2016, this Court received an Order for Release of Excess Proceeds
from Alford E Land on behalf of Sun Belt Excess Funds, LLC.

IT IS ORDERED rejecting said Order as premature. When Mr. Land filed the
Application for Release of Excess Proceeds, he indicated he was doing so on his own behalf
pursuant to an assignment but no assignment was included with the Application or subsequently
filed with the Clerk of Court. Absent filing of the assignment, this Court cannot determine
whether Land or Sun Belt, has standing to make an application. If Sun Belt is the assignee, then
no application has been filed by it and any future filing must be made by an attorney licensed in
the state of Arizona.

In any event, Mr. Land has also not complied with A.R.S. § 33-812(G) as there is no
Affidavit of Mailing on file with signed receipts or returned envelopes attached for mailing to
addresses of potential claimants listed by Trustee. Upon curing the foregoing deficiencies and
complying with A.R.S. § 33-812(G) and (I), Mr. Land may lodge a new Order.

11/08/2017 — CV2016002071 HOSKINS, CHARLES 11/08/2017 HONORABLE MICHAEL MANDELL View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/09/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

11/08/2017

Docket Code 028
Form V000A
Page 1

CLERK OF THE COURT
HONORABLE MICHAEL MANDELL
D. Adams

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS, et al.

TRAVIS RYAN CAMPBELL
ALFORD E LAND
13215 W ASHWOOD DR
SUN CITY WEST AZ 85375
W WILLIAM NIKOLAUS
MARICOPA COUNTY TREASURER

MINUTE ENTRY

The Court having received and reviewed Applicant Alford E. Land’s Affidavit of
Mailing,

IT IS ORDERED setting a Telephonic Status Conference on November 28, 2017, at
9:30 a.m., in this Division. The Parties are directed to contact this Division at least five minutes
prior to the hearing to 602-506-3857. All Parties appearing telephonically must be joined in a
single conference call and be prepared to hold until called to testify.

The telephone call should be placed from a telephone in an area with no background
noise as this will prevent the parties from hearing the proceedings in the courtroom. The call
may not be placed from a vehicle. Also, the use of cellular telephones to call into the hearing is
strongly discouraged.

11/28/2017 — CV2016002071 HOSKINS, CHARLES 11/28/2017 COMMISSIONER LINDSAY P. ABRAMSON View Minute Entry ↑ top

Source
Minute Source
Michael K. Jeanes, Clerk of Court

*** Electronically Filed ***

11/29/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

11/28/2017

Docket Code 029
Form V000A
Page 1

CLERK OF THE COURT
COMMISSIONER LINDSAY P. ABRAMSON
D. Adams

Deputy

LEONARD J MCDONALD
MARK S BOSCO

v.

CHARLES HOSKINS, et al.

TRAVIS RYAN CAMPBELL
ALFORD E LAND
13215 W ASHWOOD DR
SUN CITY WEST AZ 85375
W WILLIAM NIKOLAUS
MARICOPA COUNTY TREASURER

MINUTE ENTRY

Courtroom ECB 812

9:30 a.m. This is the time set for a Telephonic Status Conference regarding release of
excess proceeds. Counsel, Travis Campbell, appears telephonically on behalf of Applicants,
Travis Roberts and Chelsea Roberts, who are not present.

A record of the proceedings is made digitally in lieu of a court reporter.

The status of the case is discussed.

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

CV 2016-002071

11/28/2017

Docket Code 029
Form V000A
Page 2

Based on the information and testimony presented,

THE COURT FINDS that no further conferences are necessary at this time.

The Court will not take any action until the mailing requirements have been met.

9:38 a.m. Matter concludes.

Documents

Type Title Content Type Size Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 01/06/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 81.9 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 02/28/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 81.0 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 02/28/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 79.4 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 05/20/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 9.2 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 06/01/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 79.2 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 06/19/2017 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 93.4 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 07/01/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 9.5 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 07/25/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 80.6 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 09/12/2017 COMMISSIONER MICHAEL MANDELL View Minute Entry application/pdf 80.3 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 10/04/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry application/pdf 10.1 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 11/08/2017 HONORABLE MICHAEL MANDELL View Minute Entry application/pdf 78.9 KB Document Source
minute_entry_pdf CV2016002071 HOSKINS, CHARLES 11/28/2017 COMMISSIONER LINDSAY P. ABRAMSON View Minute Entry application/pdf 11.6 KB Document Source

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