07/11/2016 — CV2011009506 HOMEOWNERS ASSOCIATION, BILTMORE GARDENS 07/11/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/13/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
07/11/2016
Docket Code 062
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Corona/A. Aycock
Deputy
BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN
v.
VOLTAIRE F TUPAZ, et al.
MINUTE ENTRY
Courtroom: OCH 005.
10:13 a.m. This is the time set for Hearing on Order to Show Cause. Plaintiff/Judgment
Creditor is telephonically represented by counsel, Maura Abernethy. Judgment Debtor is neither
present nor represented. Garnishee is not represented.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding service and Garnishee’s Answer having been filed but
incomplete.
An Answer having been filed,
IT IS ORDERED quashing Order to Show Cause at issue.
10:31 a.m. Matter concludes.
07/24/2017 — CV2011009506 HOMEOWNERS ASSOCIATION, BILTMORE GARDENS 07/24/2017 COMMISSIONER MICHAEL MANDELL View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/26/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
07/24/2017
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL MANDELL
A. Hatfield
Deputy
BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
NIKITA VERMA PATEL
v.
VOLTAIRE F TUPAZ, et al.
MINUTE ENTRY
Courtroom: ECB 812.
10:00 a.m. This is the time set for Hearing Re: Order to Show Cause Garnishee to
Appear. No one appears.
A court reporter is neither present nor are the proceedings electronically recorded.
Accordingly,
IT IS ORDERED vacating today’s Order to Show Cause Hearing.
Matter concludes.
08/19/2011 — CV2011009506 HOMEOWNERS ASSOCIATION, BILTMORE GARDENS 08/19/2011 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/22/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
08/19/2011
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
D. Harding
Deputy
BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
KRISTEN L ROSENBECK
v.
VOLTAIRE F TUPAZ, et al.
VOLTAIRE F TUPAZ
4540 N 44TH ST
UNIT 25
PHOENIX AZ 85018
LORAINE M ADAMS
4540 N 44TH ST
UNIT 25
PHOENIX AZ 85018
ARIZONA DEPARTMENT OF
REVENUE
1600 W MONROE
PHOENIX AZ 85007
T M S MORTGAGE INC
2338 W ROYAL PALM RD
SUITE J
PHOENIX AZ 85021
COMM. VATZ
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) Voltaire F. Tupaz and Loraine M. Adams, TMS Mortgage, Inc. dba The
Money Store, and Arizona Department of Revenue in the above-captioned case.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
08/19/2011
Docket Code 023
Form V000A
Page 2
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
Vatz.
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
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/howDoI.asp
ALERT: eFiling through AZTurboCourt.gov is mandatory in civil cases for attorney-
filed documents effective May 1, 2011. See Arizona Supreme Court Administrative Orders
2010-117 and 2011-010. The Court may impose sanctions against counsel to ensure compliance
with this requirement after May 1, 2011.
10/03/2011 — CV2011009506 HOMEOWNERS ASSOCIATION, BILTMORE GARDENS 10/03/2011 HONORABLE J. RICHARD GAMA View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/07/2011 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
10/03/2011
Docket Code 049
Form V049
Page 1
CLERK OF THE COURT
HONORABLE J. RICHARD GAMA
D. Harding
Deputy
BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
KRISTEN L ROSENBECK
v.
VOLTAIRE F TUPAZ, et al.
VOLTAIRE F TUPAZ
4540 N 44TH ST UNIT 25
PHOENIX AZ 85018
LORAINE M ADAMS
4540 N 44TH ST UNIT 25
PHOENIX AZ 85018
ARIZONA DEPARTMENT OF
REVENUE
1600 W MONROE
PHOENIX AZ 85007
T M S MORTGAGE INC
2338 W ROYAL PALM RD SUITE J
PHOENIX AZ 85021
JUDGMENT SIGNED
The Court has reviewed and considered the parties’ Stipulation to Entry of Judgment with
Defendant, Arizona Department of Revenue, Plaintiff’s Motion for Entry of Judgment and sum
Certain Affidavit, Plaintiff’s Application for Attorneys’ Fees and Costs and Plaintiff’s Affidavit
in Support of Attorneys’ Fees and Costs, filed September 27, 2011.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
10/03/2011
Docket Code 049
Form V049
Page 2
IT IS ORDERED entering judgment against Defendants, Voltaire F. Tupaz and Loraine
M. Adams, all in accordance with the formal written Judgment and Decree of Foreclosure and
Order of Sale and Personal Judgment signed by the Court on September 29, 2011 and entered
(filed) by the Clerk on October 3, 2011.
ALERT: Effective September 1, 2011, the Arizona Supreme Court Administrative Order
2011-87 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.
11/03/2015 — CV2011009506 HOMEOWNERS ASSOCIATION, BILTMORE GARDENS 11/03/2015 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
11/03/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
KRISTEN L ROSENBECK
v.
VOLTAIRE F TUPAZ, et al.
MINUTE ENTRY
It has come to the Court’s attention on November 3, 2015 that an Expedited Application
for Order for Continuing Lien was electronically filed on August 6, 2015. Said Application was
not electronically forwarded to Commissioner Barth’s Division. It instead was electronically
forwarded to “unassigned” Division.
IT IS ORDERED rejecting said Application for the reason that A.R.S. § 12-1598.10(E)
states that the garnished earnings or property “shall be released to the judgment debtor” and the
Garnishee “shall be discharged” if an order of continuing lien is not entered within 45 days after
the Garnishee’s Answer is filed. The computerized court docket indicates that an Answer was
filed on July 29, 2015, so time ran out on September 13, 2015. You must start the Garnishment
process over.
11/14/2016 — CV2011009506 HOMEOWNERS ASSOCIATION, BILTMORE GARDENS 11/14/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/15/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
11/14/2016
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN
v.
VOLTAIRE F TUPAZ, et al.
MINUTE ENTRY
The Court is in receipt of Plaintiff’s Rule 54(G) and 54(F) Application for and Affidavit
of Award of Post-Judgment Attorneys’ Fees and Statement of Costs and proposed form of Order.
IT IS ORDERED setting this matter for Oral Argument on November 29, 2016 at 2:00
p.m. in this Division:
Maricopa County Superior Court
East Court Building
101 W. Jefferson
Courtroom 812
Phoenix, AZ 85003
11/29/2016 — CV2011009506 HOMEOWNERS ASSOCIATION, BILTMORE GARDENS 11/29/2016 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/30/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
11/29/2016
Docket Code 002
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
CLINT G GOODMAN
v.
VOLTAIRE F TUPAZ, et al.
MINUTE ENTRY
IT IS ORDERED approving and settling formal written Order to Vacate Hearing Set for
November 29, 2016 at 2:00 p.m. signed by the Court on November 29, 2016 and filed (entered)
by the Clerk on November 29, 2016.
Pursuant to the above signed Order,
IT IS FURTHER ORDERED vacating the Hearing set November 29, 2016 at 2:00 p.m.
in this Division.
12/30/2015 — CV2011009506 HOMEOWNERS ASSOCIATION, BILTMORE GARDENS 12/30/2015 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/31/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2011-009506
12/30/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
BILTMORE GARDENS HOMEOWNERS
ASSOCIATION
KRISTEN L ROSENBECK
v.
VOLTAIRE F TUPAZ, et al.
MINUTE ENTRY
The Court is in receipt of Plaintiff’s Expedited Application for Order of Continuing Lien
on Non-Exempt Earnings.
IT IS ORDERED rejecting same for the reason that Garnishee must show date and
manner that the Answer and Notice were delivered to the Judgment Debtor. Please have
Garnishee file an Amended Answer or a letter certifying the date of delivery. A.R.S. § 12-
1579(D) or 12-1958.08(C). Also, Garnishee’s Answer is not notarized as required by the
applicable statute.
