05/20/2014 — CV2014092139 OWNERS ASSOCIATION, GAINEY VILLAGE 05/20/2014 HON. MARK F. ACETO View Minute Entry ↑ top
- Source
- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
05/21/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
05/20/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
GAINEY VILLAGE OWNERS ASSOCIATION
JEFFREY B CORBEN
v.
MELL G UNDERWOOD, et al.
MELL G UNDERWOOD
NO ADDRESS ON RECORD
PAULA S UNDERWOOD
NO ADDRESS ON RECORD
ALTERNATIVE SERVICE
In this Minute Entry Order, the summons, complaint, certificate of compulsory
arbitration, and this Minute Entry Order will be collectively referred to as the “service
documents”.
Pursuant to Plaintiff’s Motion for Alternative Method of Service,
IT IS ORDERED that Plaintiff may accomplish service on Defendant Paula S.
Underwood by doing all of the following:
(1) Mailing the service documents via first class mail to Defendant Paula S. Underwood
at 7260 E. Vaquero Drive, Scottsdale, AZ 85258;
(2) Mailing the service documents via certified mail, return receipt requested to
Defendant at the same address; and
(3) Posting the service documents in a conspicuous place near the front door at the same
address.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
05/20/2014
Docket Code 023
Form V000A
Page 2
Service of process on Defendant shall be deemed complete upon the filing of a
Certification by Plaintiff that all of the above described steps have been completed.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
07/29/2014 — CV2014092139 OWNERS ASSOCIATION, GAINEY VILLAGE 07/29/2014 HON. MARK F. ACETO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
07/30/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
07/29/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
GAINEY VILLAGE OWNERS ASSOCIATION
JEFFREY B CORBEN
v.
MELL G UNDERWOOD, et al.
MELL G UNDERWOOD
NO ADDRESS ON RECORD
PAULA S UNDERWOOD
NO ADDRESS ON RECORD
EXTENSION OF SERVICE DEADLINE
Pursuant to a request electronically filed on July 15, 2014,
IT IS ORDERED extending the deadline for service to November 14, 2014. Unless
service is accomplished and proof of service is filed before that date, all claims against unserved
Defendants will be dismissed without further notice.
THE COURT NOTES THAT IT IS QUITE UNLIKELY THAT ANY REQUEST FOR
FURTHER EXTENSION OF THE SERVICE DEADLINE WILL BE GRANTED.
/ s / HON. MARK F. ACETO
JUDICIAL OFFICER OF THE SUPERIOR COURT
08/04/2014 — CV2014092139 OWNERS ASSOCIATION, GAINEY VILLAGE 08/04/2014 HON. MARK F. ACETO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
08/05/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
08/04/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
GAINEY VILLAGE OWNERS ASSOCIATION
JEFFREY B CORBEN
v.
MELL G UNDERWOOD, et al.
MELL G UNDERWOOD
NO ADDRESS ON RECORD
PAULA S UNDERWOOD
NO ADDRESS ON RECORD
COMM. BENNY
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application/Motion for Entry of Default
against Defendant(s) Paula S. Underwood, The Unknown Heirs and Devisees of Above
Named Defendant, if Deceased 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
Owens.
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, default judgment
packets are not permitted to be e-filed. Accordingly, 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.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
08/04/2014
Docket Code 023
Form V000A
Page 2
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
10/16/2014 — CV2014092139 OWNERS ASSOCIATION, GAINEY VILLAGE 10/16/2014 HON. MARK F. ACETO View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/17/2014 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
10/16/2014
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. MARK F. ACETO
M. Scott
Deputy
GAINEY VILLAGE OWNERS ASSOCIATION
JEFFREY B CORBEN
v.
MELL G UNDERWOOD, et al.
MELL G UNDERWOOD
17505 EL MONTE ROAD
ATASCADERO CA 93422
PAULA S UNDERWOOD
NO ADDRESS ON RECORD
COMM. BENNY
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Entry of Default
electronically filed on October 15, 2014 against Defendant(s) Mell G. Underwood; and the
Unknown Heirs and Devisees of Mell G. Underwood, if Deceased 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.
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, default judgment
packets are not permitted to be e-filed. Accordingly, parties are directed to hand-deliver a
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
10/16/2014
Docket Code 023
Form V000A
Page 2
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/howDol.asp
10/19/2015 — CV2014092139 OWNERS ASSOCIATION, GAINEY VILLAGE 10/19/2015 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
10/20/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
10/19/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Haaser
Deputy
GAINEY VILLAGE OWNERS ASSOCIATION
W WILLIAM NIKOLAUS
v.
MELL G UNDERWOOD, et al.
MINUTE ENTRY
The Court has received Plaintiff Gainey Village Homeowners Association’s Request and
Affidavit for Entry of Judgment by Default and Without Hearing. The motion was filed on May
4, 2015 and the default packet was provided to this court on July 7, 2015. The Court granted the
request for default judgment as to Paula Underwood but rejected the request for default judgment
as to Mell G. Underwood due to lack of service. Although the complaint and summons was sent
by certified mail to Mell Underwood to an address in Atascadero, California, there was no proof
submitted to the court that the mail was ever received. No signed “green card receipt” was
provided. The Court returned the default packet noting the service concerns. The default packet
has now been returned with the submittal of original mail discussed below.
Rule 4.2(c) of the Arizona Rules of Civil Procedure allows a defendant who resides out
of state to be served by mail. However, the summons and complaint must be sent to the person
being served by a form of mail which requires a signed and returned receipt. Once the signed
receipt is returned through the post office, Rule 4.2(c) requires that the serving party file an
affidavit with the court with an attached copy of the receipt as evidence that the papers were in
fact received by the party being served. See Rule 4.2(c). In this case, Plaintiff has provided this
judicial officer with the original mail that was sent certified return receipt requested to the
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
10/19/2015
Docket Code 023
Form V000A
Page 2
Defendant, but later returned to Plaintiff. The original envelope has a sticker marked
“unclaimed” with an unsigned green card receipt still attached to it.
Therefore, because the certified mail was never signed for and was eventually returned to
Plaintiff, attempted service by certified mail was not successful. Plaintiff cannot proceed to
seeking the entry of default judgment based upon this attempted mail service. In Plaintiff’s Rule
4.2(b) affidavit (really a Rule 4.2(c) affidavit), Plaintiff indicates that prior correspondence sent
to Defendants Underwood was not returned undeliverable. Plaintiff should seek to attempt
personal service upon Defendant Mell Underwood at this address if it believes the address to be a
valid one. The Court also suggests that Plaintiff confirm with the United States Postal Service
that the California address is still a valid mailing address for Defendant Mell Underwood. If
personal service under Rule 4.2(b) or certified/return receipt service is not successful for
Defendant, then Plaintiff will need to consider whether there is a need to publish or seek service
by alternative means.
THE COURT FINDS that Defendant Mell Underwood has not been served.
THEREFORE,
IT IS ORDERED denying Plaintiff Gainey Village Homeowners Association’s Request
and Affidavit for Entry of Judgment by Default and Without Hearing without prejudice. The
request is premature.
IT IS FURTHER ORDERED that the original mail documents attempted to be served
upon Mell Underwood and received by the Court along with the default packet shall be filed with
the Clerk of Court this day.
FURTHER, this judicial officer also brings to Plaintiff’s attention the minute entry order
regarding extension of service signed by Judge Mark Aceto on July 29, 2014. The Court
extended the deadline for service to November 14, 2014 and indicated that if service was not
accomplished with proof of service being filed before that date, all claims against unserved
Defendants would be dismissed without further notice. Plaintiff should consider whether it
should move to reinstate case as to Defendant Mell Underwood, to further extend time to serve
and/or move to allow for an alternative means of service.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2014-092139
10/19/2015
Docket Code 023
Form V000A
Page 3
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
