01/04/2016 — CV2015095361 GRABOIS, DALE R 01/04/2016 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
01/05/2016 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
01/04/2016
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
M. Kay
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
W WILLIAM NIKOLAUS
v.
DALE R GRABOIS, et al.
DALE R GRABOIS
19700 N 76TH ST #2173
SCOTTSDALE AZ 85255
LAWYERS TITLE OF ARIZONA INC
C/O CT CORPORATION SYSTEM
3800 N CENTRAL #460
PHOENIX AZ 85012
CITIZENS BANK OF PENNSYLVANIA
ONE LOGAN SQUARE
130 N 18TH ST
PHILADELPHIA PA 19103
CLERK OF THE SUPERIOR COURT
C/O ATTORNEY GENERAL
1275 W WASHINGTON
PHOENIX AZ 85012
GRAND CANYON TITLE AGENCY INC
C/O FIDELITY NATL TITLE AGENCY
2510 N REDHILL AVE, 11TH FLOOR
SANTA ANA CA 92705
COMM. BENNY
MINUTE ENTRY
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
01/04/2016
Docket Code 023
Form V000A
Page 2
This Division has received Plaintiff’s e-filed Application/Motion for Default Judgment
against Defendant(s) DALE R GRABOIS, CITIZENS BANK OF PENNSYLVANIA, and
GRAND CANYON TITLE AGENCY, INC. 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, 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
05/05/2017 — CV2015095361 GRABOIS, DALE R 05/05/2017 HON. RANDALL H. WARNER View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/08/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
05/05/2017
Docket Code 066
Form V000A
Page 1
CLERK OF THE COURT
HON. RANDALL H. WARNER
K. Ballard
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
MARK W WALDRON
v.
DALE R GRABOIS, et al.
DALE R GRABOIS
19700 N 76TH ST #2173
SCOTTSDALE AZ 85255
COURT ADMIN-CIVIL-CCC
JUDGE OBERBILLIG
JUDGE UDALL
CASE REASSIGNMENT - CIVIL PRESIDING JUDGE
This case was previously assigned to the Honorable Robert Oberbillig, who has
disqualified himself. The case was transferred to the Presiding Civil Judge for reassignment.
IT IS ORDERED reassigning this case to Civil Calendar CVJ-05, the Honorable David
Udall, for all further proceedings.
IT IS FURTHER ORDERED that any and all hearings set by the disqualified judge are
vacated, to be reset by the new division.
IT IS FURTHER ORDERED that the parties shall jointly file within 10 days of the
date of this minute entry, a notice with the new division listing any outstanding motions
(including the file dates), whether they are ripe for resolution, and any hearings that need to be
reset.
05/10/2017 — CV2015095361 GRABOIS, DALE R 05/10/2017 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
05/11/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
05/10/2017
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
S. Cornfield
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
MARK W WALDRON
v.
DALE R GRABOIS, et al.
DALE R GRABOIS
19700 N 76TH ST # 2173
SCOTTSDALE AZ 85255
LAWYERS TITLE OF ARIZONA INC
C/O CT CORPORATION SYSTEM
3800 N CENTRAL #460
PHOENIX AZ 85012
CITIZENS BANK OF PENNSYLVANIA
ONE LOGAN SQUARE
130 N 18TH ST
PHILADELPHIA PA 19103
CLERK OF THE SUPERIOR COURT
C/O ATTORNEY GENERAL
1275 W WASHINGTON
PHOENIX AZ 85012
GRAND CANYON TITLE AGENCY INC
C/O FIDELITY NATL TITLE AGENCY
2510 N REDHILL AVE 11TH FLOOR
SANTA ANA CA 92705
SGT. D. GARDNER
MCSO CIVIL
PHOENIX AZ 00000
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
05/10/2017
Docket Code 023
Form V000A
Page 2
MINUTE ENTRY
The Court has received Defendant/Judgment Debtor Dale R. Grabois’ Motion to Set
Aside Sheriff’s Notice of Sale of Real Property on Special Execution and Order of
Sale. Defendant requests that the Sheriff’s Sale of the real property not go through due to
Plaintiff’s errors. The Sheriff’s Sale is scheduled for May 11, 2017.
Defendant filed the motion on May 1, 2017. Plaintiff still has time to respond to the
Motion.
IT IS ORDERED continuing the Sheriff’s Sale of 19700 N. 76th Street #2173, Scottsdale,
AZ 85255, the subject property, until further order of the Court. Counsel for Plaintiff has the
opportunity to respond to Defendant’s motion before the Court enters its ruling.
07/31/2017 — CV2015095361 GRABOIS, DALE R 07/31/2017 COMMISSIONER MARGARET BENNY View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Filed ***
08/01/2017 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
07/31/2017
Docket Code 019
Form V000A
Page 1
CLERK OF THE COURT
COMMISSIONER MARGARET BENNY
T. Nestor-Donohue
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
MARK W WALDRON
v.
DALE R GRABOIS, et al.
DALE R GRABOIS
19700 N 76TH ST # 2173
SCOTTSDALE AZ 85255
B M O HARRIS FINANCIAL
ADVISORS INC
NO ADDRESS ON RECORD
LAWYERS TITLE OF ARIZONA INC
NO ADDRESS ON RECORD
CITIZENS BANK OF PENNSYLVANIA
NO ADDRESS ON RECORD
CLERK OF THE SUPERIOR COURT
NO ADDRESS ON RECORD
GRAND CANYON TITLE AGENCY INC
NO ADDRESS ON RECORD
RULING
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
07/31/2017
Docket Code 019
Form V000A
Page 2
The Court has received and reviewed Defendant Dale R. Grabois’ Motion to Set Aside
Sheriff’s Notice of Sale of Real Property on Special Execution and Order of Sale; Plaintiff
Village at Grayhawk Owners Association’s Response, and Defendant’s Reply. Defendant’s
argues that the judgment against him is void because he was not served.
Upon review and consideration,
THE COURT FINDS that the Defendant has failed to show the grounds necessary for the
Court to set aside the judgment, which is needed to set aside the Notice of Sale and Order of
Sale. Defendant must show that:
1. that there was excusable neglect or mistake by Defendant for his failure to answer;
2. that Defendant timely sought relief from judgment; and
3. that Defendant has a meritorious defense.
THE COURT FINDS that the judgment is valid and is not void.
THE COURT FURTHER FINDS that service upon Defendant Dale R. Grabois was properly
completed, the Application for the Entry of Default was sent to the same address where
Defendant was served and where Defendant still resides, and the Motion for Entry of Default
Judgment was also sent to Defendant at the same address.
While Defendant states, without a supporting affidavit, that he did not receive the summons
and complaint, the evidence shows otherwise. The motion for alternative service filed on
November 24, 2015 attached a process server’s affidavit of attempted attempts to serve
Defendant Dale Grabois at his given address, the same address Defendant still gives as his
current address. When an order for alternative service was granted on November 25, 2015,
service was accomplished upon Defendant by posting the summons and complaint to the front
door of the given address on November 28, 2015 and by sending the summons and complaint by
certified mail to the same address on November 25, 2015. Defendant failed to sign for the
certified mail and the unsigned receipt was returned to Plaintiff’s counsel. Affidavits regarding
the alternative service were provided to the Court. Defendant’s failure to sign for the certified
mail does not render the service incomplete or void. With the alternative method of service, the
certified mail portion was completed with the mailing, not with the signing. The posting portion
was completed when the documents were posted to the front of the residence.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
07/31/2017
Docket Code 019
Form V000A
Page 3
Next, the certificate of service of the Application for the Entry of Default indicates that the
Application was mailed to Defendant by regular mail at the same address on December 30, 2015.
The Motion for the Entry of Default Judgment, and the Affidavit for Attorneys’ Fees were filed
on March 10, 2016 and the certificates of service show the documents were also mailed to
Defendant by regular mail to his same address. The default judgment was granted at a default
hearing on March 28, 2016.
Defendant states that he was not "served" anything. Despite Defendant’s unsworn
statements, the documentation in the file suggests that Defendant was sent all of the documents
as required in the manner required and he failed to answer as required. Defendant fails to give
his definition of “served”, but the Court permitted alternative service and after initial service of
the summons and complaint was accomplished, the mailing of the subsequent Application for the
Entry of Default and the Motion for Entry of Default Judgment by regular mail was appropriate
pursuant to the Arizona Rules of Civil Procedure.
Defendant also alleges that the Court did not have his address as evidence that he was not
served. However, the court record’s lack of Defendant’s address on the main page of the record
does not mean what Defendant thinks it means. The Clerk of Court’s Office will not list a
defendant’s address on the case record’s main page in the electronic record system until the
defendant actually makes an appearance--paying an answer fee (or obtaining a waiver or deferral
of the answer fee) and filing a pleading, motion or response. The main case docket can still have
evidence of his address in the pleadings and other documents in the system. The Clerk’s office
will not send minute entries or orders to a defendant until he makes an appearance or the judicial
officer instructs the Clerk’s Office to do so for a special reason. Additionally, once a defendant
is defaulted, Plaintiff is not required to continue to send certain documents to the defendant.
Defendant has therefore failed to show excusable neglect on his part which caused his failure
to timely answer.
Second, Defendant must timely seek relief from judgment. The judgment was filed on
March 28, 2016. Defendant filed his Motion to Set Aside the Sheriff’s Notice of Sale of Real
Property on Special Execution and Order of Sale on May 1, 2017, over one year from the time of
judgment. Defendant does not state when he learned of the judgment.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
07/31/2017
Docket Code 019
Form V000A
Page 4
Defendant has therefore failed to show that his motion was timely.
Third, Defendant must have a meritorious defense. Even if one of defenses Defendant claims
in his motion was meritorious, Defendant must satisfy all three grounds to set aside the
judgment.
THEREFORE, because Defendant has not shown all of the grounds needed to set aside the
default judgment,
IT IS ORDERED denying the settling aside of the default judgment and also denying the
Defendant’s Motion to Set Aside the Sheriff’s Notice of Sale of Real Property on Special
Execution 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
11/25/2015 — CV2015095361 GRABOIS, DALE R 11/25/2015 HON. ROBERT H. OBERBILLIG View Minute Entry ↑ top
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- Minute Source
Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
12/01/2015 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
11/25/2015
Docket Code 023
Form V000A
Page 1
CLERK OF THE COURT
HON. ROBERT H. OBERBILLIG
I. Ostrander
Deputy
VILLAGE AT GRAYHAWK OWNERS
ASSOCIATION
MARK W WALDRON
v.
DALE R GRABOIS, et al.
DALE R GRABOIS
NO ADDRESS ON RECORD
B M O HARRIS FINANCIAL
ADVISORS INC
NO ADDRESS ON RECORD
LAWYERS TITLE OF ARIZONA INC
NO ADDRESS ON RECORD
CITIZENS BANK OF PENNSYLVANIA
NO ADDRESS ON RECORD
CLERK OF THE SUPERIOR COURT
C/O ATTORNEY GENERAL
1275 W WASHINGTON ST
PHOENIX AZ 85012
GRAND CANYON TITLE AGENCY INC
NO ADDRESS ON RECORD
COMM. BENNY
MINUTE ENTRY
This division has received Plaintiff’s e-filed Application for Entry of Default against
Defendants Clerk of the Superior Court, Lawyers Title of Arizona, Inc., and BMO
Financial Advisors, Inc., aka BMO Harris Bank, NA, in the above-captioned case.
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2015-095361
11/25/2015
Docket Code 023
Form V000A
Page 2
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
default coversheet and copies of the necessary filed documents to Commissioner Benny’s
division for the entry of a default judgment.
IT IS FURTHER ORDERED no further action will be taken by Commissioner Benny
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:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/forms.asp.
The parties/counsel can find additional information in the form of frequently asked
questions:
http://www.superiorcourt.maricopa.gov/SuperiorCourt/CivilDepartment/howDol.asp.
