06/29/2022 — CV2022007175 MCDONALD, LEONARD J 06/29/2022 HONORABLE MARY C. CRONIN View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/30/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
06/29/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARY C. CRONIN
K. Patel
Deputy
LEONARD J MCDONALD
LEONARD J MCDONALD
v.
MARICOPA COUNTY TREASURER
JANET M SPEARS
COMM. CRONIN
MARICOPA COUNTY TREASURER
MINUTE ENTRY
The Court has received Applicant USAA Federal Savings Bank’s Application for
Distribution of Excess Proceeds on June 13, 2022. Accordingly,
IT IS ORDERED that Applicant shall file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G). If the Applicant needs more time to comply with
the mailing requirements, Applicant must file a motion to extend time with the Court. Failure to
do so may result in the denial of the application for excess proceeds without further notice to the
Applicant.
IT IS FURTHER ORDERED that upon the expiration of the deadline for interested parties
to file a response to the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of lodging and lodge an
appropriate form of order for release of the proceeds.
IT IS FURTHER ORDERED that any apparent lien, encumbrance or interest that could
have priority over Applicant, Applicant shall acknowledge the existence of such lien, encumbrance
or interest either in the Application or in a subsequent filing mailed to all persons who have
received a copy of the complaint or filed a responsive pleading. If a lien, encumbrance or interest
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
06/29/2022
Docket Code 023
Form V000A
Page 2
with priority over Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the Complaint was filed.
A.R.S. § 33-812(J).
07/05/2022 — CV2022007175 MCDONALD, LEONARD J 07/05/2022 HONORABLE MARY C. CRONIN View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/06/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
07/05/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARY C. CRONIN
K. Patel
Deputy
LEONARD J MCDONALD
LEONARD J MCDONALD
v.
MARICOPA COUNTY TREASURER
CHAD SMITH
JANET M SPEARS
COMM. CRONIN
MARICOPA COUNTY TREASURER
MINUTE ENTRY
The Court has received an Application for Release of Excess Proceeds filed by Applicant
Pure Proceeds, LLC on June 29, 2022. Accordingly,
IT IS ORDERED that Applicant shall file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G). If the Applicant needs more time to comply with
the mailing requirements, Applicant must file a motion to extend time with the Court. Failure to
do so may result in the denial of the application for excess proceeds without further notice to the
Applicant.
IT IS FURTHER ORDERED that upon the expiration of the deadline for interested parties
to file a response to the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of lodging and lodge an
appropriate form of order for release of the proceeds.
IT IS FURTHER ORDERED that any apparent lien, encumbrance or interest that could
have priority over Applicant, Applicant shall acknowledge the existence of such lien, encumbrance
or interest either in the Application or in a subsequent filing mailed to all persons who have
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
07/05/2022
Docket Code 023
Form V000A
Page 2
received a copy of the complaint or filed a responsive pleading. If a lien, encumbrance or interest
with priority over Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the Complaint was filed.
A.R.S. § 33-812(J).
10/06/2022 — CV2022007175 MCDONALD, LEONARD J 10/06/2022 HONORABLE MARY C. CRONIN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/10/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
10/06/2022
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARY C. CRONIN
R. Calero
Deputy
LEONARD J MCDONALD
LEONARD J MCDONALD
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
301 W. JEFFERSON, SUITE 100
PHOENIX AZ 85003
NIKITA VERMA PATEL
CHAD SMITH
JANET M SPEARS
COMM. CRONIN
NICHOLAS J MARK
15332 WEST DAHLIA DRIVE
SURPRISE AZ 85379
ELIZABETH R. MARK
15332 WEST DAHLIA DRIVE
SURPRISE AZ 85379
NICHOLAS J MARK
8843 SCORPRUS WAY
SAN DIEGO CA 92126
ELIZABETH R MARK
8843 SCORPRUS WAY
SAN DIEGO CA 92126
NICHOLAS J MARK
2077 E. WARNER RD., SUITE 110
TEMPE AZ 85379
ELIZABETH R MARK
2077 E. WARNER ROAD, STE 110
TEMPE AZ 85379
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
10/06/2022
Docket Code 056
Form V000A
Page 2
MINUTE ENTRY
The court is in receipt of competing claims to the excess proceeds. Pursuant to A.R.S. §
33-812(J),
Each applicant should make sure that they have completed the process prescribed in
A.R.S. § 33-812 prior to the hearing. As this is a statutory action, the Court cannot order the
release excess proceeds until those requirements are met.
IT IS ORDERED setting this matter for a Hearing to determine entitlement to the excess
proceeds on October 17, 2022 at 11:00 a.m. (30 minutes) in this Division via Microsoft
Teams/Court Connect.
Commissioner Cronin’s division will handle all hearings remotely by audiovisual
appearance unless Commissioner Cronin grants a specific exception in writing to conduct a
hearing in person. Please use the video website login information below to log in and appear
remotely for your court hearing.
HEARING VIDEO WEBSITE LOGIN:
https://Tinyurl.com/jbazmc-pcc05
Or call in (audio only)
+1 917-781-4590 Phone ID: 755 033 080#
IT IS FURTHER ORDERED that each applicant shall lodge a proposed form of order for
release of excess proceeds for the court to review during the hearing.
If an applicant does not have a proposed form of order available for review at the time of
the hearing, that applicant will likely have to have their portion of the hearing reset to a later
date.
NOTE: All court proceedings are recorded digitally and not by a court reporter.
Pursuant to Local Rule 2.22, if a party desires a court reporter for any proceeding in which a
court reporter is not mandated by Arizona Supreme Court Rule 30, the party must submit a
written request to the assigned judicial officer at least ten (10) judicial days in advance of the
hearing, and must pay the authorized fee to the Clerk of the Court at least two (2) judicial days
before the proceeding. The fee is $140 for a half-day and $280 for a full day.
10/06/2022 — CV2022007175 MCDONALD, LEONARD J 10/06/2022 HONORABLE MARY C. CRONIN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/10/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
10/06/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARY C. CRONIN
R. Calero
Deputy
LEONARD J MCDONALD
LEONARD J MCDONALD
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
301 W. JEFFERSON, SUITE 100
PHOENIX AZ 85003
NIKITA VERMA PATEL
CHAD SMITH
JANET M SPEARS
COMM. CRONIN
MINUTE ENTRY
The Court has received an Application for Release of Excess Proceeds filed by Applicant
Marley Park Community Association (the “Association”) on September 13, 2022. Accordingly,
IT IS ORDERED that Applicant shall file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G). If the Applicant needs more time to comply with
the mailing requirements, Applicant must file a motion to extend time with the Court. Failure to
do so may result in the denial of the application for excess proceeds without further notice to the
Applicant.
IT IS FURTHER ORDERED that upon the expiration of the deadline for interested parties
to file a response to the Application under A.R.S. § 33-812(I), Applicant shall either: (1) request a
hearing if there are competing claims to the proceeds; or (2) file a notice of lodging and lodge an
appropriate form of order for release of the proceeds.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
10/06/2022
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that any apparent lien, encumbrance or interest that could
have priority over Applicant, Applicant shall acknowledge the existence of such lien, encumbrance
or interest either in the Application or in a subsequent filing mailed to all persons who have
received a copy of the complaint or filed a responsive pleading. If a lien, encumbrance or interest
with priority over Applicant’s interest may exist, the Court will not enter an order directing the
Treasurer to release the proceeds until 180 days from the date on which the Complaint was filed.
A.R.S. § 33-812(J).
10/17/2022 — CV2022007175 MCDONALD, LEONARD J 10/17/2022 HONORABLE MARY C. CRONIN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
10/19/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
10/17/2022
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARY C. CRONIN
K. Patel
Deputy
LEONARD J MCDONALD
LEONARD J MCDONALD
v.
MARICOPA COUNTY TREASURER
NIKITA VERMA PATEL
CHAD SMITH
JANET M SPEARS
COMM. CRONIN
MARICOPA COUNTY TREASURER
MINUTE ENTRY
Courtroom 812 – East Court Building.
11:04 a.m. This is the time set for Hearing concerning the competing Applications on
file in this matter. Applicant Pure Proceeds, LLC is represented by counsel, Chad Smith.
Applicant USAA Federal Savings Bank is represented by counsel, Janet M. Spears. Applicant
Marley Park Community Association Inc. (the Association) is represented by counsel, Nikita
Verma Patel. All participants are appearing via Microsoft Teams/Court Connect. No other parties
are present.
A record of the proceedings is made digitally in lieu of a court reporter.
THE COURT FINDS that proper notice has been given to all interested parties; and that
no objections have been made.
THE COURT FURTHER FINDS that there are sufficient funds to satisfy the request for
excess proceeds submitted by both USAA Federal Savings Bank and the Association, as well as
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
10/17/2022
Docket Code 005
Form V000A
Page 2
the Association’s request for attorney fees and costs. Pure Proceeds, LLC will be entitled to the
remainder of the excess proceeds.
Accordingly,
IT IS ORDERED counsel for Applicants shall submit a stipulated order of release of
excess proceeds to [email protected] , for the Court’s review and signature.
11:04 a.m. Matter concludes.
11/02/2022 — CV2022007175 MCDONALD, LEONARD J 11/02/2022 HONORABLE MARY C. CRONIN View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
11/03/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2022-007175
11/02/2022
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MARY C. CRONIN
E. Rosenblatt
Deputy
LEONARD J MCDONALD
LEONARD J MCDONALD
v.
MARICOPA COUNTY TREASURER
NIKITA VERMA PATEL
CHAD SMITH
JANET M SPEARS
COMM. CRONIN
MARICOPA COUNTY TREASURER
MINUTE ENTRY
Pursuant to Excess Proceeds Hearing held on October 17, 2022,
IT IS ORDERED granting Claimant’s, Marley Park Community Association, USAA
Federal Savings Bank, and Pure Proceeds, LLC Application for Release of Excess Proceeds, all
in accordance with the formal written Order for Release of Excess Proceeds signed by the Court
on October 24, 2022 and filed (entered) by the clerk on November 2, 2022.
