08/11/2020 — CV2019001770 FLORA, ROYCE T 08/11/2020 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/12/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-001770
08/11/2020
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
LEONARD J MCDONALD
MARK S BOSCO
v.
ROYCE T FLORA, et al.
ROYCE T FLORA
NO ADDRESS ON RECORD
ASHLEY N MOSCARELLO
CARL RANDALL STONE
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
JOSEPH G URTUZUASTEGUI
JONATHAN FREDERICK
1412 MANOR AVE
MCKEESPORT PA 15132
COMM. LYNCH
MINUTE ENTRY
This division is receipt of the following:
1. Document entitled “Enclosed please find Motion to vacate order CV2019-001770”
filed August 4, 2020, signed by Jonathan Frederick.
2. An unfiled document titled “Honorable Stephen Lynch,” signed by Jonathan
Frederick.
The documents are rejected for the following reasons:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-001770
08/11/2020
Docket Code 023
Form V000A
Page 2
-
Pursuant to Rule 5.1(a), Arizona Rules of Civil Procedure, documents addressed to
the Court must be filed with the Clerk of the Court. Although one of the documents
was filed with the Clerk of the Court, there is no indication that a copy was provided
to all interested parties. See Ariz. R. Civ. P.5(c)(3) (requiring all documents filed
with the Court to contain a certificate of service).
-
There is also no indication in the filed document that a copy was provided to all
interested parties.
-
The applicant is referred to https://superiorcourt.maricopa.gov/llrc/civil_cvep1/ to file
the appropriate Application for Release of Excess Proceeds, along with Instruction.
Please be advised that requests for relief must be made by motion or petition, as
appropriate – not by letter.
Address for the Clerk of the Court:
Clerk of the Court
222 W. Javelina Avenue
Mesa, AZ 85210
09/08/2020 — CV2019001770 FLORA, ROYCE T 09/08/2020 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/09/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-001770
09/08/2020
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
LEONARD J MCDONALD
MARK S BOSCO
v.
ROYCE T FLORA, et al.
ROYCE T FLORA
NO ADDRESS ON RECORD
JONATHAN WILLIAM FREDERICK
1412 MANOR AVE
MCKEESPORT PA 15132
ASHLEY N MOSCARELLO
CARL RANDALL STONE
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
JOSEPH G URTUZUASTEGUI
COMM. LYNCH
MINUTE ENTRY
The Court has received Jonathan Frederick’s Application for Release of Excess Proceeds
of Sale by Owner filed August 21, 2020 (a courtesy copy was received in this division on
September 8, 2020).
IT IS ORDERED THAT:
Applicant, Jonathan Frederick, shall file a Certificate of Compliance with all service
requirements as required by A.R.S. § 33-812(G).
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-001770
09/08/2020
Docket Code 023
Form V000A
Page 2
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 have received a copy of the
complaint or filed a responsive pleading. If a lien, encumbrance, or 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. See A.R.S. § 33- 812(J).
11/04/2019 — CV2019001770 FLORA, ROYCE T 11/04/2019 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
11/05/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-001770
11/04/2019
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
LEONARD J MCDONALD
MARK S BOSCO
v.
ROYCE T FLORA, et al.
ROYCE T FLORA
301 W JEFFERSON
PHOENIX AZ 85003
ASHLEY N MOSCARELLO
CARL RANDALL STONE
MARICOPA COUNTY TREASURER
301 W JEFFERSON ST
SUITE 100
PHOENIX AZ 85003
JOSEPH G URTUZUASTEGUI
COMM. LYNCH
MINUTE ENTRY
The Court has received and reviewed Robert Frederick’s Application for Release of
Excess Proceeds of Sale by Owner filed July 19, 2019 and Truequity, LLC’s (1) Response and
Objection to Robert Frederick’s Application and (2) Truequity, LLC’s Application for Release of
Excess Proceeds filed August 23, 2019.
IT IS ORDERED setting this matter for Oral Argument on December 5, 2019 at 9:30
a.m. (30 minutes allotted) in this Division, Southeast Court Facility, 222 E. Javelina Avenue,
Courtroom 303, Mesa, Arizona 85210.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-001770
11/04/2019
Docket Code 094
Form V000A
Page 2
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/
12/05/2019 — CV2019001770 FLORA, ROYCE T 12/05/2019 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
12/09/2019 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-001770
12/05/2019
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
LEONARD J MCDONALD
MARK S BOSCO
v.
ROYCE T FLORA, et al.
ROYCE T FLORA
301 W JEFFERSON ST
SUITE 100
PHOENIX AZ 85003
ASHLEY N MOSCARELLO
CARL RANDALL STONE
MARICOPA COUNTY TREASURER
301 W JEFFERSON ST
SUITE 100
PHOENIX AZ 85003
JOSEPH G URTUZUASTEGUI
COMM. LYNCH
MINUTE ENTRY
Courtroom 303 – SEA
9:34 a.m. This is the time set for Oral Argument re: Robert Frederick’s Application for
Release of Excess Proceeds of Sale by Owner filed July 19, 2019 and Truequity, LLC’s (1)
Response and Objection to Robert Frederick’s Application and (2) Truequity, LLC’s Application
for Release of Excess Proceeds filed August 23, 2019. Counsel, Joseph Urtuzuastegui, is present
on behalf of Truequity, LLC. No one else appears.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-001770
12/05/2019
Docket Code 005
Form V000A
Page 2
A record of the proceedings is made digitally in lieu of a court reporter.
Court and Counsel discuss matters.
IT IS ORDERED denying Robert Frederick’s Application for Release of Excess
Proceeds of Sale by Owner without prejudice.
Court and Counsel hold further discussion.
Based upon the matters presented herein,
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; no objections have
been made; and good cause appearing,
IT IS ORDERED directing Counsel to file an amended Application outlining the new
information discussed.
IT IS FURTHER ORDERED granting Claimant Truequity, LLC’s Application for
Excess Proceeds in the amount of one-third.
IT IS ORDERED directing Counsel to submit a proposed form of Order for the Court’s
review and signature.
IT IS FURTHER ORDERED directing Counsel to submit a new Application for the
remaining one-third for the Court’s review and signature.
9:41 a.m. Matter concludes.
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/LawLibraryResourceCenter/
PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. All parties requesting to purchase a copy of a CD of a hearing in a
courtroom are directed to call 602-506-7100 (leave details on voice mail) or email your request
to: [email protected]
