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Maricopa County Superior Court Case CV2013-092719
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Maricopa County Superior Court Case CV2013-092719: public docket details, parties, minute entries, documents, and official source links for Daybreak Vista Homeowners Association.
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
02/26/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
02/25/2016
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR.
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD
STE J
PHOENIX AZ 85021
MICHAEL P FAITH
MINUTE ENTRY
IT IS ORDERED granting the Stipulated Motion To Continue Oral Arguments Set
electronically filed on February 19, 2016, all in accordance with the formal written Order signed
by the Court on February 25, 2016 and entered (filed) by the clerk on February 25, 2016.
Please note: A PDF file was submitted instead of a Word file, which could not be
modified electronically. The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
04/26/2016 — CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 04/26/2016 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
04/29/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
04/26/2016
Docket Code 003
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
S. McCoy
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR.
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD
STE J
PHOENIX AZ 85021
MICHAEL P FAITH
MINUTE ENTRY
The Court has received and reviewed the Stipulated Motion to Continue Oral Arguments
filed April 25, 2016, and good cause appearing, therefore,
IT IS ORDERED vacating the Oral Argument scheduled for this day and resetting same
on June 28, 2016 at 10:00 a.m. before Commissioner Margaret Benny, Courtroom 303, 222 E.
Javelina Ave., Mesa, AZ 85210; all in accordance with the formal written Order signed by the
Court on April 26, 2016 and filed (entered) by the Clerk on April 26, 2016.
FILED:
Stipulated Order to Continue Oral Arguments Set
06/08/2015 — CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 06/08/2015 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Filed ***
06/09/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
06/08/2015
Docket Code 094
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR.
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD
STE J
PHOENIX AZ 85021
MICHAEL P FAITH
MINUTE ENTRY
The Court has received Defendants Candice Klein and Lincoln Trust's Motion to Dismiss
Pursuant to ARCP 12(b)(5); Motion to Set Aside Judgment Pursuant to ARCP 60(c); Motion to
Set Aside Sheriff's Deed; Motion for New Trial Pursuant to ARCP 59(j) (Pled in Alternative);
Motion to Partially Set Aside Judgment Pursuant to 60(c) Re: Abandonment of Property (Pled in
Alternative); and Motion to Consolidate. No response was filed. Defendant also filed a Motion
for Order Directing Clerk to Disburse Funds. No response was filed.
On Court's own motion,
IT IS ORDERED setting an oral argument hearing on these motions for Friday, June
26, 2015 at 11:00 a.m. (30 minutes allotted) at the Maricopa County Superior Court
Southeast Facility, 222 E. Javelina Ave., Courtroom 303, Mesa, AZ 85210.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
06/08/2015
Docket Code 094
Form V000A
Page 2
As the Court anticipates that an evidentiary hearing may be set, the parties should come
prepared to inform the Court of potential witness they may call.
Further, Defendants request that the Court consolidate this matter with her action against
the property buyer, Donald White, against whom they are seeking a temporary restraining
order. The Court could not locate a civil court case in this Court that Defendants filed against
Donald White.
IT IS ORDERED that Defendants are to immediately notify the Court through written
notice of any case that Defendants filed against Donald White.
IT IS FURTHER ORDERED signing this minute entry as a formal order of this Court.
/ s / COMMISSIONER MARGARET BENNY
JUDICIAL OFFICER OF THE SUPERIOR COURT
06/26/2015 — CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 06/26/2015 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Filed ***
06/30/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
06/26/2015
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
NATHAN TENNYSON
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR.
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD
STE J
PHOENIX AZ 85021
MICHAEL P FAITH
MCSO CIVIL UNIT
MCSO CIVIL UNIT
111 S 3RD AVENUE
2ND FLOOR
PHOENIX AZ 85003
MINUTE ENTRY
Courtroom 303 - SEA
11:08 a.m. This is the time set for Oral Argument regarding Defendants Candice Klein
and Lincoln Trust's Motion to Dismiss Pursuant to ARCP 12(b)(5); Motion to Set Aside
Judgment Pursuant to ARCP 60(c); Motion to Set Aside Sheriff's Deed; Motion for New Trial
Pursuant to ARCP 59(j) (Pled in Alternative); Motion to Partially Set Aside Judgment Pursuant
to 60(c) Re: Abandonment of Property (Pled in Alternative); and Motion to Consolidate.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
06/26/2015
Docket Code 005
Form V000A
Page 2
Counsel Nathan Tennyson appears on behalf of the Plaintiff Daybreak Vista Homeowners
Association. Counsel Michael Faith is present on behalf of the Defendant Candice Lamb aka
Candice Klein, who is present, and Lincoln Trust. No one else appears.
A record of the proceedings is made by CD/videotape in lieu of a court reporter.
Both counsel state their client’s position.
Discussion is held.
Based upon the matters presented herein and upon stipulation of the parties,
IT IS ORDERED granting the Stipulation to the Entry of Order to Set Aside Sheriff’s
Deed.
No objections having been made,
IT IS ORDERED granting Plaintiff’s Rule 60 Motion for Judgment Nunc Pro Tunc.
LET THE RECORD REFLECT that the Defendants are withdrawing their Motion to
Consolidate.
IT IS FURTHER ORDERED directing the Sheriff’s Office to provide the redeeming
party with a calculation/accounting for the redemption amount.
IT IS FURTHER ORDERED signing this minute entry as a formal order of this court.
/ s / COMMISSIONER MARGARET BENNY
JUDICIAL OFFICER OF THE SUPERIOR COURT
11:26 p.m. Matter concludes.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
06/26/2015
Docket Code 005
Form V000A
Page 3
FILED: Order Directing Clerk to Disburse Funds, Stipulate Order to Set Aside Sheriff’s
Deed, Judgment Nunc Pro Tunc and Decree of Foreclosure and Order of Sale
All parties representing themselves must keep the Court updated with address changes.
A form may be downloaded at: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-
ServiceCenter/index.asp
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]
08/06/2015 — CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 08/06/2015 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/07/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
08/06/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR.
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD
STE J
PHOENIX AZ 85021
MICHAEL P FAITH
MINUTE ENTRY
IT IS ORDERED granting the Stipulated Motion to continue Oral Arguments Set for
8/5/15 @ 10:00 a.m. For 60 Days electronically filed on July 31, 2015, all in accordance with
the formal written Order signed by the Court on August 4, 2015 and entered (filed) by the clerk
on August 6, 2015.
Please note: A PDF file was submitted instead of a Word file, which could not be
modified electronically. The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
09/30/2013 — CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 09/30/2013 HONORABLE DAVID M. TALAMANTE View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/01/2013 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
09/30/2013
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HONORABLE DAVID M. TALAMANTE
M. Kay
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD STE J
PHOENIX AZ 85021
CANDICE KLEIN
860 N ALBERT DR
CHANDLER AZ 85226
COMM. BENNY
MINUTE ENTRY
This Division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) LINCOLN TRUST; CANDICE KLEIN aka CANDICE LAMB in the
above-captioned case.
IT IS ORDERED that no action will be taken by this Division on the above-referenced
document(s).
The parties are advised that Commissioners handle Rule 55(b) Default Judgment
proceedings and that the default proceedings in this matter are to be heard by Commissioner
Margaret Benny.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
09/30/2013
Docket Code 023
Form V000A
Page 2
IT IS ORDERED that all documents necessary to support the entry of a default
judgment must be e-filed.
Pursuant to Supreme Court Administrative Order No. 2010-117, parties are directed to
hand-deliver a default coversheet and copies of the necessary filed documents to the
Commissioner’s Division for the entry of a default judgment.
IT IS FURTHER ORDERED no further action will be taken by the assigned
Commissioner until the necessary filed documents and coversheet are delivered to the Division.
The parties/counsel can find the default judgment coversheet on the Court’s website at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp
The parties/counsel can find additional information in the form of frequently asked
questions at:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDoI.asp
ALERT: The Arizona Supreme Court Administrative Order 2011-140 directs the Clerk's
Office not to accept paper filings from attorneys in civil cases. Civil cases must still be initiated
on paper; however, subsequent documents must be eFiled through AZTurboCourt unless an
exception defined in the Administrative Order applies.
10/06/2015 — CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 10/06/2015 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/07/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
10/06/2015
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR.
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD
STE J
PHOENIX AZ 85021
MICHAEL P FAITH
MINUTE ENTRY
IT IS ORDERED granting the Stipulated Motion to Continue Oral Arguments set for
10/7/15 @ 10:00 a.m. for 30 days electronically filed on September 30, 2015, all in accordance
with the formal written Order signed by the Court on October 1, 2015 and entered (filed) by the
clerk on October .
Please note: A PDF file was submitted instead of a Word file, which could not be
modified electronically. The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
10/07/2016 — CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 10/07/2016 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/13/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
10/07/2016
Docket Code 005
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Nestor-Donohue
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR.
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD
STE J
PHOENIX AZ 85021
MICHAEL P FAITH
MINUTE ENTRY
Courtroom SEF 303
10:19 a.m. This is the time set for Oral Argument on pending motions. Michael Faith,
prior counsel for Lincoln Trust and Candice Klein aka Lamb, appears telephonically.
A record of the proceedings is made digitally in lieu of a court reporter.
Counsel Michael Faith has already withdrawn as counsel for Defendants and appears
telephonically to notify the Court that he did provide Defendant’s with notice of his withdrawal
and information about today’s hearing. No one else having appeared today,
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
10/07/2016
Docket Code 005
Form V000A
Page 2
IT IS ORDERED denying any pending motions including Defendant’s Motion To Set
Aside Judgment pursuant to Rule 60(c) and Motion To Dismiss pursuant to Rule 12(b)(5).
10:20 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/Self-
ServiceCenter/index.asp
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]
12/15/2015 — CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 12/15/2015 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/16/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2013-092719
12/15/2015
Docket Code 022
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
DAYBREAK VISTA HOMEOWNERS
ASSOCIATION
PHILIP N BROWN
v.
LINCOLN TRUST, et al.
LINCOLN TRUST
860 N ALBERT DR.
CHANDLER AZ 85226
WELLS FARGO BANK N A
2338 W ROYAL PALM RD
STE J
PHOENIX AZ 85021
MICHAEL P FAITH
MINUTE ENTRY
IT IS ORDERED granting the Stipulated Motion to Continue Oral Arguments
electronically filed on December 7, 2015, all in accordance with the formal written Order signed
by the Court on December 14, 2015 and entered (filed) by the clerk on December 15, 2015.
Please note: A PDF file was submitted instead of a Word file, which could not be
modified electronically. The Court has signed a hard-copy version of the order provided with an
electronically filed pleading. Therefore, copies of the order and self-addressed, stamped
envelopes were not available for mailing to the parties. After the order has been scanned and
docketed by the Clerk of Court, copies of this order may be available through ECR Online at
clerkofcourt.maricopa.gov or through AZTurboCourt.gov and from the Public Access Terminals
at the Clerk of Court’s offices located throughout Maricopa County.
Documents
Type
Title
Content Type
Size
Source
minute_entry_pdf
CV2013092719 HOMEOWNERS ASSOCIATION, DAYBREAK VISTA 02/25/2016 COMMISSIONER MARGARET BENNY View Minute Entry
