04/11/2022 — CV2021018356 INC, WESTERN PROGRESSIVE-ARIZONA 04/11/2022 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
04/13/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
04/11/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
T. Sachse
Deputy
WESTERN PROGRESSIVE-ARIZONA INC
KIMBERLY S EARP
v.
MARICOPA COUNTY TREASURERS OFFICE
PATRICIA SLOMAN
1915 WROCKLAGE AVE UNIT 108
LOUISVILLE KY 40205
COMM. POPHAM
MARICOPA COUNTY TREASURER
MINUTE ENTRY
The Court has received the Application for Release of Excess Proceeds of Sale by Owner
filed on April 1, 2022 by Patricia M. Sloman.
IT IS ORDERED THAT:
Applicant shall immediately 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
04/11/2022
Docket Code 023
Form V000A
Page 2
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 with priority over
Applicant’s 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. A.R.S. § 33-812(J).
05/23/2022 — CV2021018356 INC, WESTERN PROGRESSIVE-ARIZONA 05/23/2022 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
05/24/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
05/23/2022
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
J. Escarcega
Deputy
WESTERN PROGRESSIVE-ARIZONA INC
KIMBERLY S EARP
v.
MARICOPA COUNTY TREASURERS OFFICE
EMORY T HURLEY
NIKITA VERMA PATEL
PATRICIA SLOMAN
1915 WROCKLAGE AVE UNIT 108
LOUISVILLE KY 40205
COMM. POPHAM
MARICOPA COUNTY TREASURER
MINUTE ENTRY
The Court has received the Application for Disbursement of Excess Proceeds filed on May
12, 2022 by Carino Canyon Homeowner’s Association (Applicant) and the United States’
Application for Excess Proceeds filed on May 12, 2022.
IT IS ORDERED THAT:
Applicants shall immediately 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 Applications under A.R.S. § 33-812(I), Applicants shall either: (1) request
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
05/23/2022
Docket Code 023
Form V000A
Page 2
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 with priority over
Applicant’s 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. A.R.S. § 33-812(J).
07/12/2022 — CV2021018356 INC, WESTERN PROGRESSIVE-ARIZONA 07/12/2022 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
07/14/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
07/12/2022
Docket Code 056
Form J000
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
S. Lee
Deputy
WESTERN PROGRESSIVE-ARIZONA INC
KIMBERLY S EARP
v.
MARICOPA COUNTY TREASURERS OFFICE
EMORY T HURLEY
NIKITA VERMA PATEL
PATRICIA SLOMAN
1915 WROCKLAGE AVE UNIT 108
LOUISVILLE KY 40205
COMM. POPHAM
MARICOPA COUNTY TREASURER
MINUTE ENTRY
The Court is in receipt of Applications for Release of Excess Proceeds from the following
Applicant(s):
IT IS FURTHER ORDERED setting a virtual hearing regarding priority utilizing
Microsoft Teams on July 28, 2022, at 10:00 a.m. (time allotted: 45 minutes) before:
Honorable Gary L. Popham, Jr.
Northeast Regional Court, Courtroom 105
18380 N. 40th Street, Phoenix AZ 85032
Judicial Assistant: Lisa Cooper
[email protected]
Phone: 602-372-3131
Please join the hearing using via following link:
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
07/12/2022
Docket Code 056
Form J000
Page 2
https://tinyurl.com/jbazmc-nec02
Electronic notifications with the Microsoft Teams link will be sent out via email. To the
extent the Court does not have your preferred email address, please contact this Division at
602372-3131 or [email protected] with correct email information.
More information regarding Court Connect can be found at:
https://superiorcourt.maricopa.gov/court-connect/
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.
NOTICE: Exhibits Marked But Not Offered
Exhibits submitted to the Court for a trial/evidentiary hearing, whether through hard copy or by
electronic submission, that are marked as exhibits but are not offered into evidence during the
hearing, will be destroyed following the hearing, unless a party requests that the evidence be
returned at the conclusion of the hearing. Such requests must be filed with the Court and served
on all parties in advance of the hearing or by no later than the conclusion of the hearing.
07/28/2022 — CV2021018356 INC, WESTERN PROGRESSIVE-ARIZONA 07/28/2022 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/02/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
07/28/2022
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
J. Escarcega
Deputy
WESTERN PROGRESSIVE-ARIZONA INC
KIMBERLY S EARP
v.
MARICOPA COUNTY TREASURERS OFFICE
EMORY T HURLEY
NIKITA VERMA PATEL
PATRICIA SLOMAN
1915 WROCKLAGE AVE UNIT 108
LOUISVILLE KY 40205
COMM. POPHAM
MARICOPA COUNTY TREASURER
MINUTE ENTRY
Courtroom 105 – Northeast Regional Court Center
9:59 a.m. This is the time set for a virtual Hearing regarding the United States’ Application
for Excess Proceeds, filed May 12, 2022; the Application for Disbursement of Excess Proceeds,
filed by Applicant Carino Canyon Homeowners Association on May 12, 2022; and Patricia
Sloman’s Application for Release of Excess Proceeds of Sale by Owner, filed on April 1, 2022.
Counsel, Emory T. Hurley, is present on behalf of the United States’ IRS. All parties appear via
the Court Connect platform.
A record of the proceedings is made digitally in lieu of a court reporter.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
07/28/2022
Docket Code 005
Form V000A
Page 2
LET THE RECORD REFLECT that a Notice of Withdrawal regarding the Application for
Disbursement of Excess Proceeds was filed by Applicant Carino Canyon Homeowners
Association.
Counsel Emory T. Hurley presents arguments to the Court as to why the IRS Application
should have priority.
10:02 a.m. Patricia Sloman appears and is sworn.
Counsel Emory T. Hurley presents further arguments.
Patricia Sloman testifies.
Based on the arguments and testimony presented, and for the reasons stated on the record,
THE COURT FINDS that the United States’ IRS has superior interest in the excess
proceeds.
IT IS ORDERED directing Counsel for United States’ IRS to submit a proposed form of
order awarding excess proceeds in the amount of $179,374.96 on or before August 3, 2022, for
the Court’s review and signature. Included in the proposed form of order shall be language that
the Maricopa County Treasurer’s Office shall withhold from the funds its fee for processing the
excess proceeds.
10:19 a.m. Matter concludes.
08/17/2022 — CV2021018356 INC, WESTERN PROGRESSIVE-ARIZONA 08/17/2022 HONORABLE GARY L. POPHAM JR. View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
08/19/2022 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-018356
08/17/2022
Docket Code 022
Form V022
Page 1
CLERK OF THE COURT
HONORABLE GARY L. POPHAM JR.
M. Corriveau
Deputy
WESTERN PROGRESSIVE-ARIZONA INC
KIMBERLY S EARP
v.
MARICOPA COUNTY TREASURERS OFFICE
EMORY T HURLEY
NIKITA VERMA PATEL
PATRICIA SLOMAN
1915 WROCKLAGE AVE UNIT 108
LOUISVILLE KY 40205
COMM. POPHAM
MARICOPA COUNTY TREASURER
DOCUMENT SIGNED
IT IS ORDERED approving and settling the formal written Order Granting United States’
Application for Excess Proceeds signed by the Court on August 16, 2022, and filed (entered) by
the Clerk on August 17, 2022.
Please note: The court has signed a paper copy of the order. After the order has been
scanned and docketed by the Clerk of the Court, copies of this order will be available through the
ECR online at www.clerkofcourt.maricopa.gov or through www.AZTurboCourt.gov and from the
Public Access Terminals at the Clerk of Court’s offices located throughout Maricopa County.
