09/02/2021 — CV2021093231 5 HOMEOWNERS ASSOCIATION, SUMMERFIELD UNIT 09/02/2021 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
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- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
09/07/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-093231
09/02/2021
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
SUMMERFIELD UNIT 5 HOMEOWNERS
ASSOCIATION
ASHLEY N MOSCARELLO
v.
DENISE SCHUBEL, et al.
DENISE SCHUBEL
1224 N 84TH PL
SCOTTSDALE AZ 85257
CITY OF SCOTTSDALE
3939 N DRINKWTER BLVD
SCOTTSDALE AZ 85251
JUDGE COFFEY
MINUTE ENTRY
Plaintiff has requested service by alternative means pursuant to Rule 4.1 of the Arizona
Rules of Civil Procedure. Rule 4.1 (k) provides as follows:
Alternative Means of Service.
(1) Generally.
If a party shows that the means of service provided in Rule 4.1(c) through Rule 4.1(j) are
impracticable, the court may--on motion and without notice to the person to be served--
order that service may be accomplished in another manner.
(2) Notice and Mailing. If the court allows an alternative means of service, the serving
party must make a reasonable effort to provide the person being served with actual notice
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-093231
09/02/2021
Docket Code 019
Form V000A
Page 2
of the action's commencement. In any event, the serving party must mail the summons, the
pleading being served, and any court order authorizing an alternative means of service to
the last-known business or residential address of the person being served.
(3) Service by Publication. A party may serve by publication only if the requirements of
Rule 4.1(l), 4.1(m), 4.2(f), or 4.2(g) are met and the procedures provided in those rules are
followed.
Whether traditional service is “impractical,” defined as “extremely difficult or
inconvenient” is a fact specific inquiry. See Blair v. Burgener, 226 Ariz. 213, 245 P.3d 898 (App.
2010). Plaintiff has demonstrated that service is impractical in this case. Accordingly,
IT IS ORDERED authorizing Plaintiff to serve Defendant at Defendant’s last know place
of abode by posting this Order as well as the Summons and Complaint and any other related papers
on the front door of Defendant’s last known residence address or on the front gate of Defendant’s
property if unable to gain access to the front door.
IT IS FURTHER ORDERED that Plaintiff shall also mail this Order as well as the
Summons and Complaint and any other related papers to Defendant by regular first class mail as
provided in Rule 4.1 (k) of the Arizona Rules of Civil Procedure.
IT IS FURTHER ORDERED that Plaintiff shall also e-mail this Order as well as the
Summons and Complaint and any other related papers to Defendant at any e-mail address believed
by Plaintiff to be associated with Defendant.
10/12/2021 — CV2021093231 5 HOMEOWNERS ASSOCIATION, SUMMERFIELD UNIT 10/12/2021 HONORABLE RODRICK COFFEY View Minute Entry ↑ top
- Source
- Minute Source
Clerk of the Superior Court
*** Electronically Filed ***
10/13/2021 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2021-093231
10/12/2021
Docket Code 042
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE RODRICK COFFEY
K. Tiero
Deputy
SUMMERFIELD UNIT 5 HOMEOWNERS
ASSOCIATION
ASHLEY N MOSCARELLO
v.
DENISE SCHUBEL, et al.
DENISE SCHUBEL
1224 N 84TH PL
SCOTTSDALE AZ 85257
CITY OF SCOTTSDALE
3939 N DRINKWTER BLVD
SCOTTSDALE AZ 85251
COURT ADMIN-CIVIL-ARB DESK
JUDGE COFFEY
CASE DISMISSED
MINUTE ENTRY
The Court has received the Notice of Dismissal With Prejudice and Release of Lis Pendens
filed October 7, 2021.
IT IS ORDERED dismissing this matter with prejudice, as to all parties and claims.
