07/16/2004 — CV2004007971 AGENCY INC, CAPITAL TITLE 07/16/2004 HONORABLE ROBERT L. GOTTSFIELD View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-007971
07/16/2004
Docket Code 056
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
C. Danos
Deputy
FILED: 07/26/2004
CAPITAL TITLE AGENCY INC
EARL E BERG
v.
MARICOPA COUNTY TREASURER
APRIL J VILLARREAL-THEIS
RANDE A LEONARD
AND KATHRYN ANN LEONARD
2740 E VERBENA DR
PHOENIX AZ 85048
GRACE A LANGE TRUSTEE
15811 N 5TH DR
PHOENIX AZ 85023
DALE A HUISH
1891 W APACHE TRAIL
APACHE JUNCTION AZ 85220
INTERNAL REVENUE SERVICE
210 E EARLL
MAIL STOP 5023 PH
PHOENIX AZ 85012
HEARING SET
The court having received and read Application of United States (IRS) for excess
proceeds deposited with the Treasurer after trustee’s sale in the amount of $25,613.24 less $30
processing fee, and the court having reviewed the file and noting the trustee filed its complaint
on 4/22/04 and as IRS is not in second position,
IT IS ORDERED setting a hearing 180 days from the filing of the trustee’s complaint or
on October 20, 2004, at 8:30 a.m. (15 minutes) in this division.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-007971
07/16/2004
Docket Code 056
Form V000A
Page 2
This division encourages telephonic hearings. Counsel are to contact this division at
(602) 506-3132 to confirm their telephonic appearance a few days prior to hearing and provide
the court with a phone number to be reached at for the hearing.
The parties may appear in person, if they prefer but must give other parties notice of their
intent.
Court will initiate the telephonic conference unless otherwise noted.
10/20/2004 — CV2004007971 AGENCY INC, CAPITAL TITLE 10/20/2004 HONORABLE ROBERT L. GOTTSFIELD View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-007971
10/20/2004
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE ROBERT L. GOTTSFIELD
L. Muhammad
Deputy
FILED: 10/21/2004
CAPITAL TITLE AGENCY INC
EARL E BERG
v.
MARICOPA COUNTY TREASURER
DERYCK R LAVELLE
THE M.P.R. HOMEOWNERS ASSOC.
3820 E RAY RD, SUITE 28
PHOENIX AZ 85044
DALE HUISH
1891 W APACHE TRAIL
APACHE JUNCTION AZ 85220
GRACE A LANGE TRUST
15811 N. 5TH DRIVE
PHOENIX AZ 85023
RANDE A LEONARD
KATHERYN A LEONARD
2740 E VERBENA DRIVE
PHOENIX AZ 85048
KRISTEN L ROSENBECK
BETH MULCAHY
MARK J WENKER
MARICOPA COUNTY TREASURER
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-007971
10/20/2004
Docket Code 022
Form V000A
Page 2
MINUTE ENTRY
IN CHAMBERS
8:30 a.m. This is the time for hearing competing claims of I.R.S. and Homeowners
Association to excess proceeds. Counsel for Homeowners Association never got notice of this
hearing, but was telephoned on October 18, 2004 by the court’s staff and is appearing today.
Present on conference telephone are Kristen L. Rosenbeck on behalf of defendant
Homeowners Association; and Mark J. Wenker on behalf of defendant I.R.S. All other counsel
waive their appearances.
Court reporter: Judie Bryant.
After oral argument and for reasons fully set forth on the record,
IT IS ORDERED granting the application of the I.R.S., finding it in first priority position
in this matter and superior to the Homeowner’s Association.
IT IS ORDERED that the United States’ Application for Excess Proceeds is granted; IT
IS FURTHER ORDERED that the Maricopa County Treasurer’s office shall issue a check
payable to the United States of America in the amount of $25,613.24 upon submission of this
order; the Maricopa County Treasurer’s office may deduct its $30.00 processing fee from the
amount of the check, all in accordance with the formal written order of distribution of excess
proceeds from trustee’s sale pursuant to A.R.S. § 33-812 signed by the court and filed (entered)
by the clerk October 20, 2004.
Matter in chambers concludes.
