01/12/2021 — CV2019013865 GHIDOTTI-GONSALVES, MICHELLE 01/12/2021 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
01/13/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
01/12/2021
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
MICHELLE GHIDOTTI-GONSALVES
MICHELLE R GHIDOTTI
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
PORTIA SMITH
8714 N 48TH AVE
GLENDALE AZ 85302
CANDY SMITH
15739 W SHAW BUTTE DR
SURPRISE AZ 85379
COMM. LYNCH
MINUTE ENTRY
The Court has received and reviewed Applicants, Candy Smith and Portia Smith’s,
Application for Release of Excess Proceeds of Sale by Owner filed September 4, 2020 and
Applicant, Portia Smith’s, Application for Release of Excess Proceeds of Sale by Owner filed
November 2, 2020.
IT IS ORDERED setting these matters for Oral Argument on January 25, 2021 at 2:00
p.m. (30 minutes allotted) in this Division, Southeast Court Facility, 222 E. Javelina Avenue,
Courtroom 303, Mesa, Arizona 85210.
Hearings will be held via video conference through Court Connect and Microsoft TEAMS. An
invite to the TEAMS conference will be sent out to the email on file for each party or counsel of
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
01/12/2021
Docket Code 094
Form V000A
Page 2
record. It is the party’s responsibility to ensure receipt of the invitation prior to the hearing date.
The information is included below as well:
Please join my meeting from your computer, tablet or smartphone.
tinyurl.com/jbazmc-sec02
Please note: Do not enter ‘www’ in front of the URL. Can copy and paste as is into a web
browser.
You can also dial in using your phone.
Teams Phone Number: +1 917-781-4590 Access Code: 184259566
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
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/
NOTE: All court proceedings are recorded digitally and not by a court
reporter. Pursuant to Local Rule 2.22, if a party desires a court reporter for any
proceeding in which a court reporter is not mandated by Arizona Supreme Court Rule 30,
the party must submit a written request to the assigned judicial officer at least ten (10)
judicial days in advance of the hearing, and must pay the authorized fee to the Clerk of the
Court at least two (2) judicial days before the proceeding. The fee is $140 for a half-day
and $280 for a full day.
Due to the spread of COVID-19, the Arizona Supreme Court Administrative Order
2020-197 requires all individuals entering a court facility to wear a mask or face covering
at all times they are in the court facility. With limited exceptions, the court will not provide
masks or face coverings. Therefore, any individual attempting to enter the court facility
must have an appropriate mask or face covering to be allowed entry to the court
facility. Any person who refuses to wear a mask or face covering as directed will be denied
entrance to the court facility or asked to leave. In addition, all individuals entering a court
facility will be subject to a health screening protocol. Any person who does not pass the
health screening protocol will be denied entrance to the court facility.
01/27/2021 — CV2019013865 GHIDOTTI-GONSALVES, MICHELLE 01/27/2021 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
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Clerk of the Superior Court
*** Electronically Filed ***
01/28/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
01/27/2021
Docket Code 095
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
MICHELLE GHIDOTTI-GONSALVES
MICHELLE R GHIDOTTI
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
PORTIA SMITH
8714 N 48TH AVE
GLENDALE AZ 85302
CANDY SMITH
15739 W SHAW BUTTE DR
SURPRISE AZ 85379
COMM. LYNCH
MINUTE ENTRY
LET THE RECORD REFLECT that this matter was set for Oral Argument on January
25, 2021 on Candy Smith’s and Portia Smith’s Applications for Release of Excess Proceeds.
The record should also reflect that no parties appeared for the hearing.
The Court is in receipt of Applicant, Sundance Residential Homeowners Association’s
Application for Disbursement of Excess Proceeds filed January 22, 2021.
IT IS ORDERED THAT:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
01/27/2021
Docket Code 095
Form V000A
Page 2
Sundance Residential Homeowners Association shall file a Certificate of Compliance with
all service requirements as required by A.R.S. § 33-812(G).
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).
IT IS FURTHER ORDERED resetting the Oral Argument Re: Excess Proceeds to
February 24, 2021 at 10:00 a.m. (15 minutes allotted) in this Division, Southeast Court Facility,
222 E. Javelina Avenue, Courtroom 303, Mesa, Arizona 85210.
Hearings will be held via video conference through Court Connect and Microsoft TEAMS. An
invite to the TEAMS conference will be sent out to the email on file for each party or counsel of
record. It is the party’s responsibility to ensure receipt of the invitation prior to the hearing date.
The information is included below as well:
Please join my meeting from your computer, tablet or smartphone.
tinyurl.com/jbazmc-sec02
Please note: Do not enter ‘www’ in front of the URL. Can copy and paste as is into a web
browser.
You can also dial in using your phone.
Teams Phone Number: +1 917-781-4590 Access Code: 184259566
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
01/27/2021
Docket Code 095
Form V000A
Page 3
The parties are advised that if they agree to a stipulated order, this hearing may be vacated
upon request.
02/24/2021 — CV2019013865 GHIDOTTI-GONSALVES, MICHELLE 02/24/2021 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
02/26/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
02/24/2021
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
MICHELLE GHIDOTTI-GONSALVES
MICHELLE R GHIDOTTI
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
NIKITA VERMA PATEL
PORTIA SMITH
8714 N 48TH AVE
GLENDALE AZ 85302
CANDY SMITH
15739 W SHAW BUTTE DR
SURPRISE AZ 85379
COMM. LYNCH
MINUTE ENTRY
Courtroom 303 – SEA
10:03 a.m. This is the time set for Oral Argument re: Excess Proceeds. Counsel, Nikita
Patel, appears remotely on behalf of Applicant, Sundance Residential Homeowners Association,
Inc. Applicant, Curtis Smith, appears remotely on his own behalf.
A record of the proceedings is made digitally in lieu of a court reporter.
Curtis Smith is sworn.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
02/24/2021
Docket Code 022
Form V000A
Page 2
The Court has received and reviewed Portia Smith and Curtis Smith’s Application for
Release of Excess Proceeds of Sale by Owner filed November 2, 2020 and Sundance Residential
Homeowners Association, Inc.’s Application for Disbursement of Excess Proceeds filed January
22, 2021.
Discussion is held.
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 granting both Applications.
A formal Order for Release of Excess Proceeds of Sale is signed by the Court on
February 24, 2021 and filed (entered) by the Clerk on February 24, 2021.
IT IS ORDERED directing Counsel for Sundance Residential Homeowners Association,
Inc. to submit a proposed form of Order for the Court’s review and signature.
10:09 a.m. Matter concludes.
NOTE: Effective March 1, 2021, this Division’s calendar will be assigned to the
Honorable Brian D. Kaiser (telephone number: (602-506-3915), located in the Southeast
Adult Facility, 222 East Javelina, Courtroom 303, Mesa, Arizona 85210.
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: For digital copies or transcripts of any recorded proceedings a
Request for Daily Copy may be made here: https://superiorcourt.maricopa.gov/e-courtrooms/
09/10/2020 — CV2019013865 GHIDOTTI-GONSALVES, MICHELLE 09/10/2020 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/11/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
09/10/2020
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
S. Cheney
Deputy
MICHELLE GHIDOTTI-GONSALVES
MICHELLE R GHIDOTTI
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
NO ADDRESS ON RECORD
PORTIA SMITH
15739 W SHAW BUTTE DR
SURPRISE AZ 85379
CANDY SMITH
15739 W SHAW BUTTE DR
SURPRISE AZ 85379
COMM. LYNCH
MINUTE ENTRY
The Court has received Candy Smith’s and Portia Smith’s (“Applicants”) Application for
Release of Excess Proceeds of Sale by Owner filed September 4, 2020.
IT IS ORDERED THAT:
Applicants shall file a Certificate of Compliance with all service requirements as required
by A.R.S. § 33-812(G).
Upon the expiration of the deadline for interested parties to file a response to the Application
under A.R.S. § 33-812(I), Applicants shall either:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
09/10/2020
Docket Code 023
Form V000A
Page 2
(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
Applicants, Applicants 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).
11/09/2020 — CV2019013865 GHIDOTTI-GONSALVES, MICHELLE 11/09/2020 HONORABLE STEVEN P. LYNCH View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
11/10/2020 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
11/09/2020
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE STEVEN P. LYNCH
M. Kay
Deputy
MICHELLE GHIDOTTI-GONSALVES
MICHELLE R GHIDOTTI
v.
MARICOPA COUNTY TREASURER
MARICOPA COUNTY TREASURER
301 W JEFFERSON ST
PHOENIX AZ 85003
PORTIA SMITH
15739 W SHAW BUTTE DR
SURPRISE AZ 85379
CANDY SMITH
15739 W SHAW BUTTE DR
SURPRISE AZ 85379
COMM. LYNCH
PORTIA SMITH
C/O CURTIS SMITH
8714 N 48TH AVE
GLENDALE AZ 85302
ORDER OF THE COURT
The Court has received the Application for Release of Excess Proceeds of Sale by Owner
filed by Curtis Smith, Power of Attorney for Portia Smith, (Applicant) on November 2, 2020.
IT IS ORDERED THAT:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2019-013865
11/09/2020
Docket Code 023
Form V000A
Page 2
Applicant shall file a Certificate of Compliance with all service requirements as required
by A.R.S. § 33-812(G).
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).
