06/08/2018 — CV2017014991 HARPER, CHRISTINA 06/08/2018 COMMISSIONER LINDSAY P. ABRAMSON View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
06/12/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-014991
06/08/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER LINDSAY P. ABRAMSON
L. Brown
Deputy
CHRISTINA HARPER
CHRISTINA M HARPER
v.
MARICOPA COUNTY TREASURER, et al.
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
W WILLIAM NIKOLAUS
MICHAEL J ZDANCEWICZ
MINUTE ENTRY
The Court has received a “stipulation” for Entry of Order for Release of Excess Proceeds,
filed April 26, 2018. On the same day, the Court received a notice of appearance from William
Nikolaus, attorney for Dove Valley Community Ranch Association. At this point in time, there is
only one application for excess proceeds, so it is unclear to the Court what the stipulation is
regarding.
IT IS ORDERED that Maureen and Ronald Van Hess file a memorandum that clarifies what
relief the parties are seeking from the Court, by June 22, 2018.
07/03/2018 — CV2017014991 HARPER, CHRISTINA 07/03/2018 COMMISSIONER LINDSAY P. ABRAMSON View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
07/11/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-014991
07/03/2018
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER LINDSAY P. ABRAMSON
B. Lopez-Mori
Deputy
CHRISTINA HARPER
CHRISTINA M HARPER
v.
MARICOPA COUNTY TREASURER, et al.
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
STATE OF ARIZONA
NO ADDRESS ON RECORD
W WILLIAM NIKOLAUS
MICHAEL J ZDANCEWICZ
COMM. ABRAMSON
MINUTE ENTRY
The Court has received and reviewed the Memorandum submitted by the attorneys for
Ronald and Maureen Van Hess. The memorandum states that “the agreement between
Applicants and Dove Valley should not be of concern to the Court.”
A.R.S. § 33-812 sets forth the process that the Court and applicants must follow in
releasing excess proceeds in the State of Arizona. This Court does not see any authority that
would allow this Court to permit Dove Valley Ranch Community Association to bypass the
statute, the application process, and the mailing requirements of the statute. Although parties in
excess proceeds cases may of course stipulate to priority of liens, this can only occur after all
requirements of the statute have been satisfied.
The mailing list in this case includes Green Tree Servicing LLC, as well as the current
occupant of 4425 E. Smokehouse Trail, so there are other potential parties who may have an
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-014991
07/03/2018
Docket Code 023
Form V000A
Page 2
interest in the excess proceeds. As of the date of this minute entry, Dove Valley Ranch
Community Association has not filed an actual Application for Release of Excess Proceeds, nor
has Dove Valley Ranch Community Association filed the affidavit of mailing required by A.R.S.
§33-812 (G). Dove Valley Ranch Community Association is not currently a party in this case,
and so the Court cannot release funds to Dove Valley.
Therefore,
IT IS ORDERED DENYING the Stipulation for Entry of Order for Release of Excess
Proceeds.
09/07/2018 — CV2017014991 HARPER, CHRISTINA 09/07/2018 COMMISSIONER LINDSAY P. ABRAMSON View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
09/10/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-014991
09/07/2018
Docket Code 028
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER LINDSAY P. ABRAMSON
A. Aycock
Deputy
CHRISTINA HARPER
CHRISTINA M HARPER
v.
MARICOPA COUNTY TREASURER, et al.
W WILLIAM NIKOLAUS
MICHAEL J ZDANCEWICZ
COMM. ABRAMSON
MINUTE ENTRY
The Court has received and reviewed Applicants’ Ronald Van Hess and Maureen Van
Hess’ Request for Hearing.
IT IS ORDERED setting a Telephonic Status Conference on September 19, 2018 at 9:45
a.m., in this Division. Counsel for Applicants is directed to initiate the conference call to all
relevant parties. The parties are directed to contact this Division at least five minutes prior to the
hearing to 602-506-3857. All parties appearing telephonically must be joined in a single
conference call and be prepared to hold until called to testify.
The telephone 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-014991
09/07/2018
Docket Code 028
Form V000A
Page 2
09/19/2018 — CV2017014991 HARPER, CHRISTINA 09/19/2018 COMMISSIONER LINDSAY P. ABRAMSON View Minute Entry ↑ top
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- Minute Source
Chris DeRose, Clerk of Court
*** Electronically Filed ***
09/24/2018 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-014991
09/19/2018
Docket Code 029
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER LINDSAY P. ABRAMSON
A. Aycock
Deputy
CHRISTINA HARPER
CHRISTINA M HARPER
v.
MARICOPA COUNTY TREASURER, et al.
W WILLIAM NIKOLAUS
MICHAEL J ZDANCEWICZ
COMM. ABRAMSON
MARICOPA COUNTY TREASURER
MINUTE ENTRY
Courtroom 812 – East Court Building.
9:54 a.m. This is the time set for Telephonic Status Conference. Applicant, Ronald Van
Hess, is present and represented telephonically by counsel, Marc Windtberg. Applicant, Dove
Valley Ranch Community Association, is represented telephonically by counsel, William
Nikolaus.
A record of the proceedings is made digitally in lieu of a court reporter.
Discussion is held regarding the parties’ stipulation.
THE COURT FINDS that it has been 180 days from the date that the Complaint in this
matter was filed; that proper notice has been given to all interested parties; that no objections have
been made; and good cause appearing,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2017-014991
09/19/2018
Docket Code 029
Form V000A
Page 2
IT IS ORDERED granting Claimants Ronald Van Hess and Maureen Van Hess’
Application for Release of Excess Proceeds, all in accordance with the formal written Order for
Release of Excess Proceeds signed by the Court on September 19, 2018 and filed (entered) by the
clerk on September 19, 2018.
9:58 a.m. Matter concludes.
