05/02/2024 — CV2023051332 ASSOCIATION, CORTESSA COMMUNITY 05/02/2024 HONORABLE BRIAN J. PALMER View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/03/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
05/02/2024
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN J. PALMER
P. Kavanagh
Deputy
CORTESSA COMMUNITY ASSOCIATION
THOMAS MELFORD NICHOLS
v.
HEBER DELEON
HEBER DELEON
17924 W PALO VERDE AVE
WADDELL AZ 85355
COMM. PALMER
MINUTE ENTRY
The Court has received the Application for Release of Excess Proceeds of Sale by Owner
filed on April 23, 2024, by Heber DeLeon.
IT IS ORDERED THAT:
Applicant shall immediately file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).
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.
If there exists 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
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
05/02/2024
Docket Code 023
Form V000A
Page 2
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).
05/24/2023 — CV2023051332 ASSOCIATION, CORTESSA COMMUNITY 05/24/2023 HONORABLE MELISSA IYER JULIAN View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/25/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
05/24/2023
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MELISSA IYER JULIAN
A. Delgado
Deputy
CORTESSA COMMUNITY ASSOCIATION
THOMAS MELFORD NICHOLS
v.
HEBER DELEON
HEBER DELEON
17924 W PALO VERDE AVE
WADDELL AZ 85355
COMM. POPHAM
JUDGE JULIAN
DEFAULT REFERRAL
This Court has received Plaintiff’s Application and Declaration for Default Notice of
Default filed on May 24, 2023, against Defendant, Heber Deleon, in the above-captioned case.
IT IS ORDERED 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 Gary
Popham.
IT IS FURTHER ORDERED all documents necessary to support the entry of a default
judgment must be e-filed.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
05/24/2023
Docket Code 023
Form V000A
Page 2
Pursuant to the Maricopa County eFiling Guidelines, section 2.09, attorneys
shall electronically file all the documents required to request a default judgment, such as the
Application for Entry of Default, Motion for Entry of Default Judgment, Sum Certain Affidavit,
Application for Attorneys’ Fees when appropriate, and Statement of Costs, but shall submit in
paper the default judgment packet required by the Court, including the documents identified on
the default judgment packet coversheet, to the assigned commissioner’s division. A commissioner
will not act upon a Motion for Entry of Default Judgment until the default judgment packet with
all the required documents has been received by the division in paper form.
The Parties/counsel can find the default judgment coversheet on the Court’s website
at: https://superiorcourt.maricopa.gov/llrc/civil-court-forms/
The Parties/counsel can find additional information regarding the default judgment process
at: https://superiorcourt.maricopa.gov/llrc/cv_cvc6/
The Parties/counsel can find additional information in the form of frequently asked
questions at: https://superiorcourt.maricopa.gov/civil/civil-faq/
06/12/2024 — CV2023051332 ASSOCIATION, CORTESSA COMMUNITY 06/12/2024 HONORABLE MICHAEL D. GORDON View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/13/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
06/12/2024
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE MICHAEL D. GORDON
C. Curley
Deputy
CORTESSA COMMUNITY ASSOCIATION
THOMAS MELFORD NICHOLS
v.
HEBER DELEON
HEBER DELEON
17924 W PALO VERDE AVE
WADDELL AZ 85355
JUDGE GORDON
HEARING SET
The Court having received and reviewed the Defendant’s Application for Release of
Excess Proceeds of Sale by Owner filed on April 25, 2024 and Defendant’s Amended Application
for Release of Excess Proceeds of Sale by Owner filed on May 16, 2024,
IT IS ORDERED setting a virtual Status Conference utilizing Microsoft Teams on July
10, 2024, at 9:15 a.m. (time allotted: 15 minutes) before:
Honorable Brian J. Palmer
Northeast Regional Court, Courtroom 105
18380 N. 40th Street, Phoenix AZ 85032
Judicial Assistant: Sarah Percival
[email protected]
Phone: 602-372-3131
NOTE: Effective November 27, 2023, all cases assigned to Honorable Cynthia Gialketsis
will be reassigned to Honorable Brian Palmer due to Honorable Cynthia Gialketsis’ retirement.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
06/12/2024
Docket Code 028
Form V000A
Page 2
Honorable Brian Palmer will be located at the Northeast Regional Court, 18380 N. 40th Street,
Suite C, Phoenix AZ 85032
Please join the hearing using via following link:
https://tinyurl.com/jbazmc-nec02
Electronic notifications with the Microsoft Teams link will be sent out via email. To the
extent the Court does not have your preferred email address, please contact this Division at 602-
372-3131 or [email protected] with correct email information.
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
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.
06/21/2023 — CV2023051332 ASSOCIATION, CORTESSA COMMUNITY 06/21/2023 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
06/23/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
06/21/2023
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
V. Burton
Deputy
CORTESSA COMMUNITY ASSOCIATION
THOMAS MELFORD NICHOLS
v.
HEBER DELEON
HEBER DELEON
17924 W PALO VERDE AVE
WADDELL AZ 85355
COMM. POPHAM
MINUTE ENTRY
The Court is in receipt of and has reviewed Plaintiff’s Application for Entry of Default
filed May 24, 2023.
IT IS ORDERED setting a virtual Default Hearing utilizing Microsoft Teams/Court
Connect on July 20, 2023, at 9:00 a.m. (time allotted: 15 minutes) before:
Honorable Gary L. Popham, Jr.
Northeast Regional Court, Courtroom 105
18380 N. 40th Street, Phoenix AZ 85032
Judicial Assistant: Lisa Cooper
[email protected]
Phone: 602-372-3131
NOTE: Effective July 3, 2023, all cases assigned to Honorable Gary L. Popham, Jr. will be
reassigned to Honorable Cynthia Gialketsis due to judicial calendar rotations. Honorable
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
06/21/2023
Docket Code 056
Form V000A
Page 2
Cynthia Gialketsis will be located at the Northeast Regional Court, 18380 N. 40th St., Suite C,
Phoenix, Arizona 85032.
Please join the hearing using via following link:
https://tinyurl.com/jbazmc-nec02
Electronic notifications with the Microsoft Teams link will be sent out via email. To the
extent the Court does not have your preferred email address, please contact this Division at
602372-3131 or [email protected] with correct email information.
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
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.
IT IS FURTHER ORDERED that the parties, and if represented by counsel, shall provide
to this Division their documents supportive of the request for default judgment by no later than
5:00 p.m. on July 13, 2023.
NOTICE: Exhibits Marked But Not Offered
All exhibits (electronic or paper/physical) not offered/received into evidence the day of the
hearing/trial will be disposed by the courtroom clerk, unless a party requests that the evidence be
returned prior to the conclusion of the hearing.
07/10/2024 — CV2023051332 ASSOCIATION, CORTESSA COMMUNITY 07/10/2024 HONORABLE BRIAN J. PALMER View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/11/2024 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
07/10/2024
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE BRIAN J. PALMER
P. Kavanagh
Deputy
CORTESSA COMMUNITY ASSOCIATION
THOMAS MELFORD NICHOLS
v.
HEBER DELEON
HEBER DELEON
17924 W PALO VERDE AVE
WADDELL AZ 85355
COMM. PALMER
FINANCIAL SERVICES - REFUNDS
STATUS CONFERENCE
Courtroom 105 - Northeast Regional Court
9:15 a.m. This is the time set for Virtual Status Conference. Defendant, Heber De Leon is
present on his own behalf. No other parties appear.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding Defendant’s Amended Application for Release of Excess
Proceeds of Sale by Owner field on May 16, 2024 and Plaintiff’s Notice of Satisfaction of
Judgment filed on July 8, 2024
Heber DeLeon is sworn and testifies.
Good cause appearing,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
07/10/2024
Docket Code 005
Form V000A
Page 2
The Court grants Defendant Heber De Leon’s Amended Application for Release of Excess
Proceeds of Sale by Owner filed on May 16, 2024. The Clerk of the Court is hereby directed to
issue and mail a check for the funds currently being held in connection with this case in the amount
of $99,083.09 to Heber De Leon at 17924 W. Palo Verde Ave. Waddell, AZ 85355.
9:22 a.m. Matter concludes.
/ s / BRIAN J. PALMER
HONORABLE BRIAN J PALMER
JUDICIAL OFFICER OF THE SUPERIOR COURT
07/20/2023 — CV2023051332 ASSOCIATION, CORTESSA COMMUNITY 07/20/2023 HONORABLE CYNTHIA L. GIALKETSIS View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/24/2023 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
07/20/2023
Docket Code 049
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE CYNTHIA L. GIALKETSIS
V. Burton
Deputy
CORTESSA COMMUNITY ASSOCIATION
THOMAS MELFORD NICHOLS
v.
HEBER DELEON
HEBER DELEON
17924 W PALO VERDE AVE
WADDELL AZ 85355
COMM. GIALKETSIS
MINUTE ENTRY
Courtroom 105 - NER
9:16 a.m. This is the time set for virtual Default Hearing. Plaintiff, Cortessa Community
Association, is represented by counsel, Thomas Melford Nichols. Defendant, Heber Deleon, is
neither present nor represented by counsel. All participants are present virtually through Court
Connect.
A record of the proceedings is made digitally in lieu of a court reporter.
Counsel for Plaintiff makes avowals to the Court.
Based on the matters presented and for the reasons stated on the record,
THE COURT FINDS that service is proper, and Defendant has failed to appear and
answer or otherwise defend.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2023-051332
07/20/2023
Docket Code 049
Form V000A
Page 2
THE COURT FURTHER FINDS Plaintiff is entitled to judgment by default.
THE COURT FURTHER FINDS that the requested attorney’s fees are reasonable and
appropriate.
IT IS ORDERED entering judgment in favor of Plaintiff and against Defendant, Heber
Deleon, all in accordance with the formal written Judgment and Decree of Foreclosure and Order
of Sale signed by the Court on July 20, 2023, and filed (entered) by the clerk on July 20, 2023.
Please note: The court has signed a paper copy of the order. After the order has been
scanned and docketed by the Clerk of the Court, copies of this order, including certified, will be
available through the ECR online at www.clerkofcourt.maricopa.gov or the Public Access
Terminals at the Clerk of Court’s offices located throughout Maricopa County. More information
on
obtaining
a
certified
copy
of
a
court
document
can
be
found
at:
www.clerkofcourt.maricopa.gov/records/obtaining-records.
9:19 a.m. Matter concludes.
