01/09/2019 — CV2017007052 SERVICE CORP, QUALITY LOAN 01/09/2019 HONORABLE DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/10/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
01/09/2019
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
UNA V WHELAN-EARLEY
8203 W ORAIBI DR # 2042
PEORIA AZ 85382
COMM. GARBARINO
MINUTE ENTRY
The Court received a letter from Applicant Una V. Whelan dated December 7, 2018,
explaining why she believes the entire balance of excess proceeds should be released to her. The
letter was not filed with the Clerk of the Court and not served upon the interested
parties. Accordingly, the Court cannot consider the contents of the letter when deciding whether
to release the entire balance of the excess proceeds to Ms. Whelan.
Further, the Court questions whether Ms. Whelan satisfied the notice and mailing
requirements of A.R.S. § 33-812 as to Frank Lyle Earley II, C/O Robert F. Harrian, the Harrian
Law Firm PLC, 5616 W. Glendale Ave., Glendale AZ 85301-2525. The Court will set a
telephonic status conference to discuss this matter via a separate minute entry.
01/11/2019 — CV2017007052 SERVICE CORP, QUALITY LOAN 01/11/2019 HONORABLE DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/14/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
01/11/2019
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
UNA V WHELAN-EARLEY
8203 W ORAIBI DR # 2042
PEORIA AZ 85382
COMM. GARBARINO
MINUTE ENTRY
IT IS ORDERED setting a Telephonic Status Conference in this matter on January 28,
2019 at 11:00 a.m., (time allotted: 15 minutes), in this division:
Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003
IT IS FURTHER ORDERED that parties may appear telephonically for the above
scheduled event. The parties are directed to contact this division at least five minutes prior
to the hearing (602-372-2403). Una Whelan shall coordinate the conference call. All parties
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
01/11/2019
Docket Code 028
Form V000A
Page 2
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.
The 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.
01/12/2018 — CV2017007052 SERVICE CORP, QUALITY LOAN 01/12/2018 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/16/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
01/12/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
MINUTE ENTRY
The Court has before it the Motion to Amend Order as a result of a clerical error filed
by Claimant USAA Federal Savings Bank (“USAA”). For the reasons stated in the Motion to
Amend, and Claimant USAA having returned to the County Treasurer the original check issued
as evidenced by the Notice of Returned Check to Maricopa County Treasurer’s Office, the
Motion to Amend Order is granted all in accordance with the formal written Amended Order
signed by the Court on January 12, 2018.
The Court received and reviewed the Application for Partial Release of Excess Proceeds
of Sale filed by Claimant Gillespie, Shields, Durrant & Goldfarb (collectively, “GSDG”).
GSDG’s Application is granted for the reasons that (1) it has been 180 days from the date that
the Complaint was filed in this matter, (2) proper notice has been given to all interested parties,
and (3) no objections have been made and/or any objections have been resolved. The Court
orders release of the excess proceeds to GSDG all in accordance with the formal written Order
signed by the Court on January 12, 2018.
01/28/2019 — CV2017007052 SERVICE CORP, QUALITY LOAN 01/28/2019 HONORABLE DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/29/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
01/28/2019
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
UNA V WHELAN-EARLEY
8203 W ORAIBI DR # 2042
PEORIA AZ 85382
COMM. GARBARINO
MINUTE ENTRY
Courtroom: ECB 813.
10:57 a.m. This is the time set for a Telephonic Status Conference. Applicant Una
Whelan is present telephonically on her own behalf. No other parties are present.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding mailing requirements.
Based upon the matters presented,
Applicant shall supplement her mailing affidavit as discussed.
11:00 a.m. Matter concludes.
04/17/2019 — CV2017007052 SERVICE CORP, QUALITY LOAN 04/17/2019 HONORABLE DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
04/19/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
04/17/2019
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER, et al.
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
UNA V WHELAN-EARLEY
8203 W ORAIBI DR # 2042
PEORIA AZ 85382
COMM. GARBARINO
MINUTE ENTRY
IT IS ORDERED approving and settling formal written Order for Release of Excess
Proceeds of Sale signed by the Court on April 16, 2019 and filed (entered) by the Clerk on April
17, 2019.
Please note: The court has signed a paper copy of the order which was originally provided
electronically. After the order has been scanned and docketed by the Clerk of Court, copies of this
order will be available through the ECR online at www.clerkofcourt.maricopa.gov or through
www.AZTurboCourt.gov and from the Public Access Terminals at the Clerk of Court’s offices
located throughout Maricopa County.
10/22/2018 — CV2017007052 SERVICE CORP, QUALITY LOAN 10/22/2018 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
10/23/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
10/22/2018
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
UNA V WHELAN-EARLEY
8203 W ORAIBI DR # 2042
PEORIA AZ 85382
COMM. GARBARINO
MINUTE ENTRY
IT IS ORDERED setting a Telephonic Status Conference e: Release of Excess Proceeds
on November 7, 2018 at 11:30 a.m., (time allotted: 15 minutes), in this division:
Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003
IT IS FURTHER ORDERED that parties may appear telephonically for the above
scheduled event. The parties are directed to contact this division at least five minutes prior
to the hearing (602-372-2403). Una V. Whelan- Earley shall coordinate the conference call.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
10/22/2018
Docket Code 028
Form V000A
Page 2
All parties appearing telephonically must be joined in a single conference call and be prepared to
hold until called to testify.
The 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.
11/07/2018 — CV2017007052 SERVICE CORP, QUALITY LOAN 11/07/2018 HONORABLE DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
11/08/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
11/07/2018
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
UNA V WHELAN-EARLEY
8203 W ORAIBI DR # 2042
PEORIA AZ 85382
COMM. GARBARINO
MINUTE ENTRY
Courtroom: ECB 813.
11:29 a.m. This is the time set for a Telephonic Status Conference regarding Release of
Excess Proceeds. Claimant Una Wheland is present telephonically on her own behalf. No other
parties are present.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding mailing requirements.
Based upon the matters presented,
Claimant shall supplement her mailing affidavit.
11:45 a.m. Matter concludes.
12/01/2017 — CV2017007052 SERVICE CORP, QUALITY LOAN 12/01/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/05/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
12/01/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
MINUTE ENTRY
The Court received the Application for Excess Proceeds of the Trustee’s Sale (the
“Application”) filed by Claimant CitiMortgage, Inc. (“CITI”). CITI’s Application is granted for
the reasons that (1) it has been 180 days from the date that the Complaint was filed in this matter,
(2) proper notice has been given to all interested parties, and (3) no objections have been made
and/or any objections have been resolved. The Court orders release of the excess proceeds to
CITI all in accordance with the formal written Order signed by the Court on December 1, 2017.
Further, the Court orders the remaining Claimants to appear for a telephonic status
conference on December 21, 2017, at 11:30 am to discuss outstanding matters with respect to
their applications for release of the excess proceeds. Attorney Ross M. Mumme shall coordinate
the conference call.
12/18/2017 — CV2017007052 SERVICE CORP, QUALITY LOAN 12/18/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/19/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
12/18/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
KRISTI HANCOCK
MINUTE ENTRY
The content of the minute entry entered December 5, 2017 is replaced with the
following:
The Court received the Application for Excess Proceeds of the Trustee’s Sale (the
“Application”) filed by Claimant USAA Federal Savings Bank(“USAA”). USAA’s Application
is granted for the reasons that (1) it has been 180 days from the date that the Complaint was filed
in this matter, (2) proper notice has been given to all interested parties, and (3) no objections
have been made and/or any objections have been resolved. The Court orders release of the
excess proceeds to USAA all in accordance with the formal written Order signed by the Court on
December 1, 2017.
Further, the Court orders all Claimants to appear for a telephonic status conference on
December 21, 2017, at 11:30 am to discuss outstanding matters with respect to their
applications for release of the excess proceeds. Attorney Leonard J. McDonald shall coordinate
the conference call.
12/21/2017 — CV2017007052 SERVICE CORP, QUALITY LOAN 12/21/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/26/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
12/21/2017
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
ROSS M MUMME
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
LEONARD J MCDONALD
W WILLIAM NIKOLAUS
GEOFF MORRIS
MINUTE ENTRY
Courtroom: ECB 813.
11:31 a.m. This is the time set for Status Conference Re: Release of Excess Proceeds.
Claimant Roseview Homeowners Association is represented telephonically by counsel, William
Nikolaus. Claimant USAA Federal Savings Bank is represented by counsel, James Farley.
Claimant Gillespie, Shields and Durrant is represented telephonically by counsel, Geoff Morris.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding mailing requirements and priority.
Based upon the matters presented,
IT IS ORDERED denying counsel for Gillespie, Shields and Durrant’s request for award
of attorneys’ fees.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-007052
12/21/2017
Docket Code 005
Form V000A
Page 2
Counsel for Claimant Gillespie, Shields and Durrant is directed to lodge a proposed form
of order for the Court’s review.
IT IS FURTHER ORDERED granting Claimant, Roseview Homeowners Association’s
Application for Release of Excess Proceeds, all in accordance with the formal written Order for
Release of Excess Proceeds signed by the Court on December 21, 2017 and filed (entered) by the
clerk on December 21, 2017.
IT IS FURTHER ORDERED that counsel for Claimant USAA Federal Savings Bank
shall return the excess proceeds received from the Maricopa County Treasurers Office, and file a
notice of the same. The Court will hold the Motion to Amend Order in abeyance pending the
filing of such notice.
11:42 a.m. Matter concludes.
