05/05/2004 — CV2004004181 TODD, DOUG 05/05/2004 HONORABLE JANET E. BARTON View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-004181
05/05/2004
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANET E. BARTON
D. Caggiano
Deputy
FILED: 05/06/2004
LAWRENCE E WILK
LAURENCE B HIRSCH
v.
DOUG TODD
KEVIN S COSTELLO
JAMES H HAZLEWOOD
CAL FRAME L L C
13028 N 60TH ST
SCOTTSDALE AZ 85254
CALVIN D SCHLECHT
13028 N 60TH ST
SCOTTSDALE AZ 85254
MARCIA J BUSCHING
DAN CAMPBELL
STATUS CONFERENCE SET
IT IS ORDERED setting a Status Conference on May 12, 2004 at 9:15 a.m. re:
Application for Excess Proceeds. All parties must appear in person for the conference and
cannot appear telephonically.
05/12/2004 — CV2004004181 TODD, DOUG 05/12/2004 HONORABLE JANET E. BARTON View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-004181
05/12/2004
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANET E. BARTON
D. Caggiano
Deputy
FILED: 05/17/2004
LAWRENCE E WILK
LAURENCE B HIRSCH
v.
DOUG TODD
KEVIN S COSTELLO
JAMES H HAZLEWOOD
CALVIN D SCHLECHT
13028 N 60TH ST
SCOTTSDALE AZ 85254
DAN CAMPBELL
TINA M EZZELL
STATUS CONFERENCE
9:16 a.m. This is the time set for a Status Conference. Calvin D. Schlecht is present on
his own and Cal Frame LLC’s behalf. Applicant Canac Kitchens U.S. Limited is represented by
counsel, Dan Campbell. Applicant WRI Opportunity Loans is represented by counsel, Tina
Ezzell. Applicant Palm Valley Community Association is represented by counsel, James H.
Hazlewood. Defendant Maricopa County Treasurer’s Office is represented by counsel, April
Theis. Lawrence E. Wilk is present as trustee.
A court reporter is not present.
Discussion is held with regard to Palm Valley Community Association’s assertion that it
has first priority to the excess funds.
IT IS ORDERED that the applicants, other than Palm Valley, inform the Court as to
whether they agree with Palm Valley’s assertion and, if they do not, why not, and the legal basis
for their assertion that they have priority to the funds. The parties’ pleadings setting forth the
foregoing are to be filed by no later than 5:00 p.m. on June 15, 2004.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-004181
05/12/2004
Docket Code 029
Form V000A
Page 2
IT IS FURTHER ORDERED that Palm Valley may file a response brief no later than
5:00 p.m. on June 30, 2004.
No replies are to be filed.
Mr. Wilk moves that he, as trustee, be released with prejudice from this action.
IT IS ORDERED releasing Mr. Wilk from this matter.
9:29 a.m. Matter concludes.
07/01/2004 — CV2004004181 TODD, DOUG 07/01/2004 HONORABLE JANET E. BARTON View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-004181
07/01/2004
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE JANET E. BARTON
D. Caggiano
Deputy
FILED: 07/02/2004
LAWRENCE E WILK
LAURENCE B HIRSCH
v.
DOUG TODD
KEVIN S COSTELLO
JAMES H HAZLEWOOD
CAL FRAME L L C
13028 N 60TH ST
SCOTTSDALE AZ 85254
CALVIN D SCHLECHT
13028 N 60TH ST
SCOTTSDALE AZ 85254
MARICOPA COUNTY TREASURER
ORDER
The Court has received and reviewed: (1) Application for Distribution of Excess
Proceeds filed by Applicant WRI Opportunity Loans II LLC, (2) Application for Distribution of
Excess Proceeds filed by Applicant Canac Kitchens U.S. Limited, (3) Motion to Release Excess
Proceeds filed by Cal Frame LLC, (4) Response to Co-Applicants WRI Opportunity Loan II,
LLC and Canac Kitchens U.S. Limited’s Applications for Excess Proceeds Pursuant to A.R.S.
§33-812(E), (5) Canac Kitchens’ Response to Palm Valley Community Association’s
Application for Distribution of Excess Proceeds, (6) Cal Frame, LLC’s Answer to Court’s Order
re Priority, and (7) Palm Valley Community Association’s Response to Cal Frame, LLC’s
Memorandum Regarding Priority. On the basis of those pleadings, and the Court’s entire file in
this matter, the Court now rules as follows:
IT IS HEREBY ORDERED that Palm Valley Community Association has priority and
is entitled to the excess proceeds deposited with the Maricopa County Treasurer in this matter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-004181
07/01/2004
Docket Code 023
Form V000A
Page 2
IT IS FURTHER ORDERED that the Maricopa County Treasurer, upon being provided
with the required $30.00 fee, a certified copy of this Order and an U.S. Treasury Form W-9 is to
pay Palm Valley Community Association the $18,438.51 in excess proceeds it has on deposit in
this matter.
IT IS FURTHER ORDERED denying the Application for Distribution of Excess
Proceeds filed by Applicant WRI Opportunity Loans II LLC.
IT IS FURTHER ORDERED denying the Application for Distribution of Excess
Proceeds filed by Applicant Canac Kitchens U.S. Limited.
IT IS FURTHER ORDERED denying the Motion to Release Excess Proceeds filed by
Cal Frame LLC.
/s/ Janet E. Barton
____________________________________
HONORABLE JANET E. BARTON
JUDGE OF THE SUPERIOR COURT
