08/31/2015 — CV2015009972 FOLKS, LARRY O 08/31/2015 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/01/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-009972
08/31/2015
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LARRY O FOLKS
MARY ANN HESS
v.
MARICOPA COUNTY TREASURERS
DAVINA DANA BRESSLER
MARC S GLADNER
MINUTE ENTRY
The Court is in receipt of Application for Excess Proceeds by the State of Arizona and
Application for Excess Proceeds by American Family Mutual Insurance.
IT IS ORDERED setting Status Conference on September 23, 2015 at 11:00 a.m. in this
Division:
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 005
Phoenix, AZ 85003
09/21/2015 — CV2015009972 FOLKS, LARRY O 09/21/2015 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/22/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-009972
09/21/2015
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LARRY O FOLKS
MARY ANN HESS
v.
MARICOPA COUNTY TREASURERS
DAVINA DANA BRESSLER
MARC S GLADNER
JAMES H HAZLEWOOD
SAMUEL C RICHARDSON
MINUTE ENTRY
The Court is in receipt of Applicant, Recreation Centers of Sun City, Inc.’s Response to
Complaint and Petition for Release of Surplus Funds from Trustee’s Sale Pursuant to Arizona
Revised Statutes Section 33-812, Recreation Centers of Sun City, Inc.’s Application for Attorney
Fees in Response to Complaint and Petition for Release of Surplus Funds from Trustee’s Sale
and Capreata Condominium Association’s Notice of Appearance. To give the subsequent parties
notice of the Status Conference and an opportunity to be heard,
IT IS ORDERED vacating the Status Conference set September 23, 2015 at 11:00 a.m.
and resetting same to November 24, 2015 at 10:00 a.m. in this Division:
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 005
Phoenix, AZ 85003
10/16/2015 — CV2015009972 FOLKS, LARRY O 10/16/2015 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/19/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-009972
10/16/2015
Docket Code 004
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LARRY O FOLKS
MARY ANN HESS
v.
MARICOPA COUNTY TREASURERS
DAVINA DANA BRESSLER
MARC S GLADNER
JAMES H HAZLEWOOD
SAMUEL C RICHARDSON
MINUTE ENTRY
The Court is in receipt of the State’s Motion to Continue Status Conference. No
objection having been filed,
IT IS ORDERED granting said Motion and continuing Status Conference set November
24, 2015 at 10:00 a.m. to December 2, 2015 at 9:00 a.m. in this Division:
Maricopa County Superior Court
Old Court House
125 W. Washington
Courtroom 005
Phoenix, AZ 85003
12/02/2015 — CV2015009972 FOLKS, LARRY O 12/02/2015 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/04/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-009972
12/02/2015
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LARRY O FOLKS
MARY ANN HESS
v.
MARICOPA COUNTY TREASURERS
DAVINA DANA BRESSLER
MARC S GLADNER
JAMES H HAZLEWOOD
SAMUEL C RICHARDSON
MINUTE ENTRY
Courtroom: OCH 005.
9:51 a.m. This is the time set for Status Conference. Counsel, Davina Bressler, is
present on behalf of Applicant, Maricopa County Finance Department Collections Unit.
Counsel, Tom Tuohy, appears telephonically on behalf of Applicant, American Family Mutual
Insurance Company. Counsel, Nikita Patel, appears telephonically on behalf of Applicant,
Capreata Condominium Association. Counsel, Charles Sellers, is present on behalf of Applicant,
Recreation Centers of Sun City, Inc.
A record of the proceedings is made by audio and/or videotape in lieu of a court reporter.
Discussion is held regarding priority. The parties advise that there are other potential
claimants.
The parties are directed to meet and confer regarding priority. If the parties are unable to
reach a stipulation regarding priority, they shall file a request for hearing. Upon the Court’s
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-009972
12/02/2015
Docket Code 029
Form V000A
Page 2
receipt of same the Court will set a briefing schedule and set a hearing. In the event the parties
reach a stipulation, the parties shall file a stipulation to prior and agree not to lodge orders until
after the 180 days from the filing date has run and upon compliance with A.R.S. § 33-812(G) and
(I).
Per agreement of the parties, no ruling will be made on claimants’ Applications until the
180 days has run.
Counsel for Applicant, Recreation Centers of Sun City, Inc., acknowledges receipt of
Capreata Condominium Association’s Application for Release of Excess Proceeds and,
therefore, attachment of a signed receipt or returned envelope to Capreata Condominium
Association’s Affidavit of Mailing with respect to Recreation Centers of Sun City, Inc. is not
required.
10:07 a.m. Matter concludes.
12/30/2015 — CV2015009972 FOLKS, LARRY O 12/30/2015 COMMISSIONER MICHAEL L. BARTH View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/05/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-009972
12/30/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MICHAEL L. BARTH
A. Aycock
Deputy
LARRY O FOLKS
MARY ANN HESS
v.
MARICOPA COUNTY TREASURERS
DAVINA DANA BRESSLER
MARC S GLADNER
JAMES H HAZLEWOOD
SAMUEL C RICHARDSON
MINUTE ENTRY
The Court is in receipt of Stipulation for Release of Excess Sale Proceeds. The Court
notes the signing parties’ agreement as to priority of interests. The parties further agreed, as
reflected in the minute entry, not to lodge Order for Release of Excess Proceeds until 180 days
ran from the filing date of the Complaint. See minute entry dated December 2, 2015.
Accordingly,
IT IS ORDERED rejecting the proposed Order per agreement of the parties. The parties
may lodge a new Order after February 8, 2016 and upon compliance with A.R.S. § 33-812(G)
and (I).
