09/22/2005 — CV2004015508 CHRISTIAN, GARY L 09/22/2005 COMMISSIONER PHEMONIA L. MILLER View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-015508
09/22/2005
Docket Code 020
Form V005
Page 1
CLERK OF THE COURT
COMMISSIONER PHEMONIA L. MILLER
P. Valenzuela
Deputy
FILED: 09/26/2005
AUGUSTA RANCH COMMUNITY MASTER
ASSOCIATION
CHARLES E MAXWELL
v.
GARY L CHRISTIAN, et al.
CIVIL DEFAULT HEARING
Courtroom 001
1:35 a.m. Counsel Mark Lines appears on behalf of Plaintiff.
A recording of this proceeding is made by CD (FTR) in lieu of a court reporter.
Mark Lines is sworn under oath and testifies.
IT IS ORDERED taking this matter under advisement.
1:44 p.m. Matter concludes.
10/05/2005 — CV2004015508 CHRISTIAN, GARY L 10/05/2005 COMMISSIONER PHEMONIA L. MILLER View Minute Entry ↑ top
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SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-015508
10/05/2005
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER PHEMONIA L. MILLER
P. Valenzuela
Deputy
FILED: 10/06/2005
AUGUSTA RANCH COMMUNITY MASTER
ASSOCIATION
CHARLES E MAXWELL
v.
GARY L CHRISTIAN, et al.
MINUTE ENTRY
The Court has had under advisement the Motion and Affidavit for Entry of Judgment by
Default, filed by Charles Maxwell, attorneys for Plaintiff.
Based upon the testimony of counsel, and the pleadings filed,
The Court finds that Defendants Gary L. Christian was personally served with a copy of
the Summons and Complaint on August 21, 2004, and failed to answer said Complaint;
That Conseco Finance Servicing was personally served a copy of the Summons and
Complaint on August 23, 2004, and failed to answer said Complaint;
That Terry Goddard, Arizona Attorney General, was personally served with a copy of the
Summons and Complaint on August 16, 2004, and failed to answer said Complaint;
That the Application for Entry of Default was mailed to Defendants Gary L. Christian,
Conseco Finance Servicing and Terry Goddard on September 14, 2004, and Defendants failed to
respond to said Application. Therefore,
IT IS ORDERED granting judgment against Defendants Gary L. Christian, Conseco
Finance Servicing and Terry Goddard, Arizona Attorney General, in favor of Plaintiff. Mr.
Maxwell shall lodge a form of judgment for the Court’s signature.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2004-015508
10/05/2005
Docket Code 003
Form V000A
Page 2
Division staff review: October 26, 2005
The Court finds that Plaintiff has not exercised due diligence in attempting to locate
Defendants Richard Lauer and Sharon Lauer. According to Plaintiff’s Affidavit of Due
Diligence, the process server tried to serve the Defendants at 1543 NW Midlake Lane,
Beaverton, Oregon, but learned that the Defendants no longer lived at that address. It was noted
in the Affidavit of Due Diligence that the Defendants’ daughter manages the complex. However,
no efforts were made to question the daughter about the whereabouts of the Defendants. No
other attempts were made to locate the Defendants in Oregon.
The Court further finds that Plaintiff has not exercised due diligence in attempting to
locate Martha Kleykamp. According to Plaintiff’s Affidavit of Service (Exhibit A), the process
served tried to serve the Defendant at 6468 S. 26 Street, Phoenix, Arizona, and learned on two
occasions that Defendant moved to California. No attempts were made to locate the Defendant
in California. Therefore,
IT IS ORDERED resetting the hearing on Plaintiff’s Motion for Judgment by Default as
it relates to Richard Lauer and Sharon Lauer and Martha Kleykamp on November 17, 2005 at
1:30 p.m.
IT IS FURTHER ORDERED that Plaintiff shall attempt to locate and personally serve
Richard Lauer and Sharon Lauer in Oregon and Martha Kleykamp in California. If the Plaintiff
is unable to personally serve the Defendants, Plaintiff shall file an Amended Affidavit of Due
Diligence stating the efforts made to locate the Defendants.
