06/28/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 06/28/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
06/30/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
06/28/2017
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MINUTE ENTRY
IT IS ORDERED setting a Telephonic Status Conference in this matter on July 19, 2017
at 11:00 a.m., (time allotted: 15 minutes), in this division:
Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003
IT IS FURTHER ORDERED that parties may appear telephonically for the above
scheduled event. The parties are directed to contact this division at least five minutes prior
to the hearing (602-372-2403). Nikita Patel shall coordinate the conference call. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
06/28/2017
Docket Code 028
Form V000A
Page 2
The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a vehicle. Also, the use of cellular telephones to call into the hearing is strongly
discouraged.
07/19/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 07/19/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/21/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
07/19/2017
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MINUTE ENTRY
Courtroom: ECB 813.
10:57 a.m. This is the time set for Status Conference Re: Release of Excess Proceeds.
Claimant Internal Revenue Service is represented telephonically by counsel, Diana Varela.
Claimant Cortina Homeowners Association is represented telephonically by counsel, Nikita
Patel. No other parties are present.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding mailing requirements.
Based upon the matters presented,
The Court received and reviewed the Application for Release of Excess Proceeds (the
“Application”) and the Application for Attorneys’ Fees and Costs filed by Claimant Cortina
Homeowners Association (the “Association”). For the reason that the Association is entitled to
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
07/19/2017
Docket Code 005
Form V000A
Page 2
recover attorneys’ fees and costs, and the amounts sought are reasonable, the Association’s
Application for Attorneys’ Fees and Costs is granted. Further, the Association’s Application is
granted for the reasons that (1) it has been 180 days from the date that the Complaint was filed in
this matter, (2) proper notice has been given to all interested parties, and (3) no objections have
been made and/or any objections have been resolved. The Association shall lodge a proposed
form of order.
No action is taken on the Internal Revenue Service’s Application there being no evidence
of mailing in the record.
11:01 a.m. Matter concludes.
08/04/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 08/04/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
08/04/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MINUTE ENTRY
The Court previously granted the Application for Release of Excess Proceeds and the
Application for Attorneys’ Fees and Costs filed by Claimant Cortina Homeowners Association
(the “Association”), for the reasons that: (1) the Association is entitled to recover attorneys’ fees
and costs, and the amounts sought are reasonable; (2) it has been 180 days from the date that the
Complaint was filed in this matter; (3) proper notice has been given to all interested parties; and
(4) no objections had been made and/or any objections were resolved. The Association lodged a
proposed form of order, and there being no objections thereto, the Court orders release of the
excess proceeds to the Association all in accordance with the formal written Order signed by the
Court on August 4, 2017, and filed (entered) by the clerk on the same date.
No action is taken on the Internal Revenue Service’s Application there being no evidence
of mailing in the record.
09/06/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 09/06/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/07/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
09/06/2017
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MARC STEVEN WINDTBERG
MINUTE ENTRY
IT IS ORDERED setting a Telephonic Status Conference in this matter on September
27, 2017 at 11:00 a.m., (time allotted: 15 minutes), in this division:
Maricopa County Superior Court
East Court Building
101 West Jefferson
Courtroom 813
Phoenix, AZ 85003
IT IS FURTHER ORDERED that parties may appear telephonically for the above
scheduled event. The parties are directed to contact this division at least five minutes prior
to the hearing (602-372-2403). Nikita Patel shall coordinate the conference call. All parties
appearing telephonically must be joined in a single conference call and be prepared to hold until
called to testify.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
09/06/2017
Docket Code 028
Form V000A
Page 2
The call should be placed from a telephone in an area with no background noise as this
will prevent the parties from hearing the proceedings in the courtroom. The call may not be
placed from a vehicle. Also, the use of cellular telephones to call into the hearing is strongly
discouraged.
09/07/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 09/07/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
09/07/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MARC STEVEN WINDTBERG
MINUTE ENTRY
IT IS ORDERED nunc pro tunc amending the minute entry dated September 6, 2017,
page 1, paragraph 5 to indicate Mark Windtberg shall coordinate the conference call to be in
place and instead of Nikita Patel. The balance of the aforementioned minute entry remains
unchanged.
09/27/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 09/27/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
09/28/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
09/27/2017
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MARC STEVEN WINDTBERG
MINUTE ENTRY
Courtroom: ECB 813.
11:01 a.m. This is the time set for Status Conference Re: Release of Excess Proceeds.
Applicant Internal Revenue Service is represented telephonically by counsel, Diana Varela.
Applicant Daniel Shaw is represented telephonically by counsel, Marc Windtberg.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding mailing requirements and priority.
Based upon the matters presented,
IT IS ORDERED granting the Application for Release of Excess Proceeds filed by the
Internal Revenue Service and overruling the Objection thereto filed by Daniel Shaw.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
09/27/2017
Docket Code 005
Form V000A
Page 2
Counsel for the both Applicants will forward a proposed stipulated form of order for the
Court’s review within 10 court days.
11:10 a.m. Matter concludes.
11/01/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 11/01/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
11/02/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
11/01/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MARC STEVEN WINDTBERG
MINUTE ENTRY
The Court having previously granted Claimant United States of America’s Application
for Excess Proceeds over the objections of Claimant Daniel Shaw, and having received the
Stipulation Granting United States’ Application signed on behalf of both Claimants, the Court
orders release of the excess proceeds to the United States of America all in accordance with the
formal written Order signed by the Court on October 31, 2017, and filed (entered) by the clerk
on the same date.
12/05/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 12/05/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/07/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
12/05/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MARC STEVEN WINDTBERG
MINUTE ENTRY
The Court received and reviewed the Application for Release of Excess Proceeds filed by
Claimant Daniel Shaw. Mr. Shaw is an heir of the deceased trustor.
The Court concludes that Mr. Shaw has satisfied the mailing/notice requirements
imposed by A.R.S. § 33-812(G).
The Application includes an Affidavit for Collection of Personal Property and two
Agreements for Assignment of Assignor’s Rights to Excess Proceeds (the “Agreements”)
purportedly signed by the other heirs of the deceased trustor. One of the Agreements was signed
by Mr. Shaw on behalf of a minor heir, and was notarized. Mr. Shaw claims to be the minor’s
guardian, but does not offer any supporting documentation demonstrating the existence of that
legal relationship. Accordingly, the Court requests that Mr. Shaw supplement the Application
with documentation demonstrating that he is the minor heir’s legal guardian.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
12/05/2017
Docket Code 023
Form V000A
Page 2
In addition, the Agreement with Travis D. Shaw is not notarized, and provides no
comfort that the signature is genuine. Accordingly, the Court requests that Mr. Shaw supplement
the Application with notarized agreement with Travis D. Shaw assigning his right to the excess
proceeds to Mr. Shaw.
12/27/2017 — CV2017000065 SERVICE CORP, QUALITY LOAN 12/27/2017 COMMISSIONER DAVID W. GARBARINO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/28/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-000065
12/27/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER DAVID W. GARBARINO
L. Brown
Deputy
QUALITY LOAN SERVICE CORP
MELISSA ROBBINS COUTTS
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
DIANA L VARELA
MARC STEVEN WINDTBERG
MINUTE ENTRY
The Court received and reviewed the application for release of excess proceeds,
supporting documentation, and affidavit of mailing filed by Claimant Daniel Shaw, and grants
the pending application for the reasons that (1) it has been 180 days from the date that the
Complaint was filed in this matter, (2) proper notice has been given to all interested parties, and
(3) no objections have been made and/or any objections have been resolved. The Court orders
release of the excess proceeds to Claimant all in accordance with the formal written Order signed
by the Court on December 27, 2017.
