Mark W. Waldron, #0258;14 . . .

WALDRON LAW GROUP;'PC

2 1801 S. Extension Road, Suite 124
Mesa, AZ 85210
3 Phone: 480-551-4200
Fax: 480-551-6030
4
Attorney for Plaintiff
5
6 IN THE JUSTICE COURT OF ARCADIA BILTMORE ,
7 IN AND FOR THE COUNTY OF MARICOPA, STATE OF ARI~ONA

~C$O'l(DlqJ-~Lf~
8 CITr ON CAMELBACK CONDOMINIUM
ASSOCIATION, an Arizona non-profit
9 corporation,
SUMMONS
10 Plaintiff, ,.
[

11 vs.

12 WILLIAM PARCELL & THERESA

PARCELL, husband and wife,
13 . c; i!\
Defendantsrp P(:
14 .~ "

15

16 THE STATE OF ARIZONA to the Defendants:

17 William Parcell & Theresa Parcell

1.8 8717 Baxter Way

19 Orangeville, CA 95662

20 YOU ARE HEREBY ~UMMONED and required to appear and defend within the

21 time applicable, in this action in this court. If served within Arizona, you shall appear and

22 defend within 20 days after the service of the Summons and Complaint upon you, exclusive of

23 the day of service. If served out of the State of Arizona-whether by direct service, by

24 registered or certified mail, or Py publication - you shall appear and defend within 30 days

25 after service of the Summons-and Petition/Complaint upon you is complete, exclusive of the

26 day of service. Service wi~th;reg~fered "or certified mail out of the State of Arizona is complete
 2
3

4 Attorney for Plaintiff

5
IN THE JUSTICE COURT OF ARCADIA BILTMORE
6
IN AND FOR THE COUNTY OF MARICOPA, ST ATE OF ARIZONA
7
CITI ON CAMELBACK CONDOMINIUM Case No.
8 ASSOCIATION, an Arizona non-profit
corporation,
~ C,?--O I ( 0 (0, :;L14 p-c...
9
Plaintiff, COMPLAINT
10
vs. (Breach of Contract)
II r.

WILLIAM PARCELL & THERESA

12 PARCELL, husband and wife,
. I ,.',
13 Defendants'!: ,':i')( -:'~ ;_. -:. ;l •. .•

2·4
~ '''';uitc:·j
14 ;: :f-
Plaintiff Citi on Camelback Condominium Association, by and through itsattomey
r.,
15
undersigned, for its claim against Defendants William Parcell & Theresa Parcell, husband
16
and wife ("Defendants"), alleges as follows:
17
1.
18
Plaintiff is a homeowners association which is organized and doing business in the
19
State of Arizona as an Arizona non-profit corporation.
20
II.
2'1
Defendants William Parcell & Theresa Parcell arc the record owners of Unit 1039, of
22
CfTI on CAMELBACK CONDOMINUM, a Condominium as created by that certain
23
Declaration recorded in 05-1940054A, amended in 06-193025, amended in 06-259133 and
24
amended in 06-515645, and as shown on the Plat of said Condominium recorded in Book
25 . '>", ~ " >':> .i:"\
,,1:'~.~:~;.;~ 1

801 of Maps, Page 25, in\~9!Pf0~e of the County Recorder of Maricopa County, Arizona,
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26
"0"

3
 1 and Affidavits of Change recorded in 06-186561, 06-483494 and 06-514596 which is

2 physically located at 911 East Camelback Road #1039, Phoenix, AZ 85014, and Unit 1042,

3 of Citi on Camelback Condominium, a Condominium as created by that certain Declaration

4 recorded in 05-1940054A, amended in 06-193025, amended in 06-259133 and amended in

5 06-515645, and as shown on the plat of said condominium recorded in Book 801 of Maps,

6 page 25, in the office ofthe County Recorder of Maricopa County, Arizona, and Affidavits

7 of Change recorded in 06-186561, 06-483494 and 06-514596 within the Citi on Camelback

8 Condominium Association, which is subject to the Condominium Declaration for Citi on

9 Camelback Condominium ("Declaration") which has been recorded in the office of the
"~
f_-:::

10 Maricopa County Recorder ("Lot 103.9 and LoU 042"). See Special Warranty Deeds
(

11 attached as Exhibit "A. ' (;'" :.:i;.~ r: ·,'.n;·

(>ll .. ' :~ ,.

12 III. .
13 Upon information and belief, Defendants are husband and wife, and all.actions taken

14 byeither or both were for and on behalf of their marital community.

15 IV.

16 Upon information and belief, Defendants reside at 8717 Baxter Way, Orangeville,

17 CA.95662.

18 v.
19 Pursuant to the recorded Declaration and Arizona statutes, the Association is ,

20 authorized to impose and collect from owners assessments, or charges for the costs and

21 expenses incurred in the performance of the Association's obligations under the Declaration,

22 which may include maintenance, rep~ir,,~~I1fin,istra~ion, improvement, management and/or

23 insurance, late charges, inter~~t?~nd related-costs of collection, as well as monetary penalties

44 (fines) for violations.

25

46

1 -.

t :
--_ _-----:-;---"------
..

account as 0f the date of the ledger, January 10, 2011. A copy of Defendants' accounting

2 ledger is attached hereto as Exhibit "B."

3 x.
4 Assessments levied against Defendants continue to accrue at the rate of $223 .56, plus

5 late fees of $30.00 per month, or such greater rate as Plaintiff may assess in the future.

6
,li~~;ritd I i'd~I,~L
7 Late fees continu~ t~:;a~5rA~'PH.~ttP~W,~~I~'pssments
and monetary penalties until
8 paid.

9 XII.

10 Plaintiff has and will incur attorneys' fees in connection with this matter. If the

11 Plaintiff obtains a default judgment, it will seek a minimum of $500.00 for its reasonable

12 attorneys' fees. Greater amounts may be sought upon application to the Court, including but

13 not limited to fees incurred for pretrial conferences, summary judgment or trial. t'~"_
Plaintiff is
c,

14 entitled to recover its reasonable attorneys' fees and collection costs pursuant to (the

15 Declaration and A.R.S. § 12-341.0 1.

16 XIII.

17 Pursuant to the Declaration and Arizona law, Plaintiff is entitled to interest on the
(

18 balance awarded at the legalrate"ofte,nTP~rce~HlO%) per annum. c.,

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19

20 Pursuant to the Declaration and Arizona law, the amounts owed by Defendants to the

21 Association as set forth in this Complaint, excluding the monetary penalties of $520.00,

22 constitute a continuing, consensual assessment lien against Lot 1039 and Lot 1042.

23 WHEREFORE, Plaintiff prays for judgment against Defendants William Parcell &
24 Theresa Parcell jointly and severally, as follows:

25

26

I I":

',. i\,.· ...••

',· .
 1 A. For the principal sum of $5,804.66 as and for assessments, late fees, unpaid

2 penalties and related charges which are due and unpaid as of this date, together with interest

3 thereon at the legal rate often percent (10%) per annum until paid;

4 B. For accruing due-and unpaid assessments and charges to the date of judgment,
'. . ,,' r-r.»: ": \, "" ,

5 together with post-judgment ~ifitei:esnheteon 'at'the legal rate of ten percent (10%) per

6 annum until paid;

7 c. For its reasonable attorneys' fees in the minimum amount of$500.00, or a

8 greater amount as determined upon application to the Court;

9 D. For its court costs and all costs of collection incurred herein;
10 E. For its costs and reasonable attorneys' fees incurred in collecting on the

11 judgment;

12 F. That the Association's assessment lien, comprised of unpaid assessments, late

13 fees, and related costs of collection, including reasonable attorneys' fees, but excluding
c,
any

14 unpaid penalties which at the time of tiling the Complaint total $5,804.66, shall-continue to
15 be secured against Defendants' Lots and not be extinguished with the entry of!h~s

:SP::~:L:~:::~=~t~:K)1e.~::::ee~and
16 judgment; and. ;i;~ <.I" '1)'l))«' t; J:;'i(.:'" •

17
18 P:Of:;•.
19
WALDRON LAW GROUP, PC

~w~
20
21

22 Mark W, Waldron, #025814

180 I S. Extension Road, Suite 124
23
Mesa, AZ 85210
24 Attorney for Plaintiff

25

26

,\
 20071336139
. .

Escrow No. 22300-D7-19310

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PARCEL NO.1:

Unit 1042, of elTl on Camelback Condominium. a Condominium as created by that certain

Declaration recorded in 05-1940054A, amended in 06-193025, amended in 06-259133 and
amended in 06-515645, and as shown bnthe plat of said condominium recorded!n Book 801 of
Maps, page 25. in the office of the County Recorder of Maricopa County, Arizona. and Affidavits of
Change recorded in 06-166561, 06-483494 and 06-514596,

TOGETHER WITH a proportionate interest in and to the Common Areas. as set forth in said
Declaration and as shown on said plat.

PARCEL NO.2:

An exclusive right to use Garage G1089, a limited common element, as set forth in said Declaration
and as shown on said plat.

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SBAZOED. '505 Rev. 2I?5103

 ,••••••
TrThT. R•••.
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Unofficial
When recorded mall to: J ,"

William Parcell and Theresa Parcell

8717 6(J..{.-Ier wcj Document
0rf.V13 t~a,JeJ (!;l- CJs.; {J2..
Escrow No. 22300-07-19311
II,., SPECIAL WARRANTY DEEI
For the consideration of TEN AND NO/l00 DOLLARS, and other v
RF Sunvest Development, LLC, a Delaware limited liability company
do hereby convey to
William Parcell and Theresa Parcell, husband and wife
the following described real property situated in Maricopa, Arizona.
SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACHED HERETO.
Subject to current taxes and other assessments, reservations in patents and all easements, rights 01 way,
encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record.

The Grantor binds itself to warrant the title against all acts of the Grantor and no oth~..c.,
.•.... ,/

Dated: December 6, 2007

RFS"n'~U:: .•..•.-.

BY:~~~ __ ......,..4--':::::"'- _

State of
County of
r· .
On D.&emW 7, 'UJo1 before me, the undersigned a Notary Public in and for said County-and
State, personally appeared Harris Friedman personally known to me (or proved to me on the basis .of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrumentjand
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and_that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the personts)

r
acted, executed the instrument. (. ,
WITNESS my hand and official seal. t.,

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Notary Public State olFlorida
Irene M Alvarez
My Commission 00670560
Exoires 0612212011
Signature

My Commissi ~ d" ?Of!

NOTE: The parties are cautioned that by completing and executing this document, legal rights, duties and
obligations are created. By signing, the parties acknowledge that they have been advised to seek and
obtain independent legal counsel as to all matters contained in the within document prior to signing same
and that said parties have obtained advice to choose to proceed without same.
Account Name: Parcell, William Rossmar & Graham
Unit Address: 911 East Camelback Road #1042 ,
Association: Citi on Camelback Phone:
Finn File No: Mgmt Co File No: 77-2000-1042-01

Account Histo
Imt{~:'" ..~·o· ..

11/10/2010 Attorney Fee

11110/2010 Collection Cost FORWARD TO ATTORNEY $165.00 $165.00 $2,179.92
06/04/2010 Collection Cost CC DEMAND LETTER $50.00 $50.00 $2,014.92
04113120 lOAM Credit TRANS TO 02 ($207.67) $0.00 $1,964.92
04/07/20 I 0 Collection Cost COLLECTION SETUP $23.75 $23.75 $2,172.59
04/01/2010 Utility Fee EST UTILITY SRVC FEE $20.83 $0.00 $2,148.84
04/0 I120 10 Assessment- ASSESSMENTS-MONTHLY $111.78 $0.00 $2,128.01
Monthly
03118/2010 Late Charge LATE CHARGE $15.00 $0.00 $2,016.23
03/01/2010 Utility Fee EST UTILITY SRVCFEE $20.83 $11.31 $2,001.23
03/01120 I0 Assessment- ASSESSMENTS-MONTHLY $111.78 561.24 $1,980.40
Monthly
02/23/20 I 0 Late Charge LATE CHARGE $15.00 $15.00 $1,868.62
02/01/2010 Utility Fee EST UTILITY SRVC FEE $20.83 $20.83 $1,853.62
02/01120 I0 Assessment- ASSESSMENTS-MONTHLY $111.78 $111.78 $1,832.79
Monthly
01/01/2010 Assessment- Charge Increase $5.32 $5.32 $1,721.01
Monthly
01/01/2010 Utility Fee Est Utility Srvc Fee S2.89 $2.89 $1,715.69
01/01/2010 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $1,712.80
01/01/20 I0 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46
Monthly
12/21/2009 Late Charge LATE CHARGE $15.00 $15.00 ~r:588.40
12/0112009 Utility Fee EST UTILITY SRVC FEE .~ _ .•_...... h'. _
$17.94 $17.94 $.J~573.40
12/01/2009 Assessment- ASSESSMEN'lfS.:MONTHty
..•. -.-.
.-.~ ,.. _._
..•......•...... _-..- ..•.._ ...__ . - $106.46 $106.46 ~H,555.46
•.•.
-J
Monthly .\ '.;j LE"~'j' r-:
1112012009 Late Charge $15.00 $15.00 ;1,449.00
11101/2009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 "$1,434.00
11/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 (.~.l,416.06
Monthly
1012312009 Late Charge LATE CHARGE S]5.00 $15.00 $1,309.60
1010112009 Utility Fee EST UTILITY SR VC FEE $17.94 $17.94 $1,294.60
10/01/2009 Assessment - ASSESSMENTS-MONTHL Y $106.46 $106.46 $1,276.66
Monthly
0912112009 Late Charge LATE CHARGE $15.00 $15.00 $1,170.20
09/01/2009 Utility Fee EST UTILITY SRVC FEE $17.94 S17.94 $1,155.20
09/01/2009 Assessment- ASSESSMENTS-MONTHLY $ 106.46 $106.46 $1,137.26
Monthly
08/24/2009 Late Charge LATE CHARGE $15.00 $15.00 $1,030.80
08/01/2009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 SI,015.80
08/0112009 Assessment- ASSESSMENTS-MONTHL Y $106.46 $106.46 $997.86
Monthly
0712112009 Late Charge LATE CHARGE $15.00 $15.00 $891.40
07/01/2009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $876.40
07/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $858.46
Monthly
 '1':'\':"";1".\">,' I'" 1, ,
08119/2008 Rebill Fee REB ILLf.'EE~:£'!:::'.:· ,~,'.7,,;•• _.', ''''"' ~- ". ,-
,,'

$20.00 SO,OO ($15,00)

08/19/2008 =Payment PAYMENT (SI19.33) SO,OO ($35.00)
08119/2008 Rebill Credit CHGD IN ERROR ($35.00) SO.OO $84.33
08/01/2008 Utility Fee EST UTILITY SRVC FEE $17.94 $0.00 $119.33
08/0112008 Assessment- ASSESSMENTS-MONTHLY $101.39 $0.00 $101.39
Monthly
07/0912008 -Payrnent Lckbx Pmt ($119.33) SO.OO $0.00
07/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0;00 $119.33
07/0112008 Assessment- ASSESSMENTS·MONTHL Y $101.39 $0.00 $101.39
Monthly
06/0412008 -Payrnent Lckbx Pmt ($119.33) $0.00 $0.00
06/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0.00 $119.33
06/01/2008 Assessment- ASSESSMENTS-MONTHL Y $101.39 $0.00 $101.39
Monthly
05/0212008 -Payrnent Lckbx Pmt ($119.33) SO.OO $0.00
05/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0.00 $119.33
05101/2008 Assessment- ASSESSMENTS-MONTHLY $101.39 $0.00 $101.39
Monthly
04/02/2008 -Payrnent Lckbx Pmt ($119.33) $0,00 $0.00
04/01/2008 Utility Fee EST UTILITY SRVC FEE $17.94 $0,00 $119.33
04/01/2008 Assessment- ASSESSMENTS-MONTHL Y $101.39 $0.00 $101.39
Monthly
03/04/2008 -Payment Lckbx Pmt :1,::':.., .--.... ..--
-- ..~-.-~-,,,
rr,~rr'{; -"'-". ~~,~

(SI19.33) $0.00 $0.00

.r

03/0112008 Utility Fee EST UTILITY SRYC FEE ---. ... ~,. '~

$17.94 $0.00 $119.33

03/01/2008 Assessment- ASSESS:MENTS~MONTHL Y $101.39 SO.OO Sl01.39
Monthly ;::.. ,\

.....
02/0612008 -Payment Lckbx Pm! ($117.79) $0.00 - $0.00
02/0112008 Utility Fee EST UTILITY SRVC FEE $17,94 $0.00 ):~~$1 17.79
.....
02/0112008 Assessment- ASSESSMENTS-MONTHL Y $101.39 $0.00 r-, $99.85
Monthly -~,.~
01/1612008 Utility Fee JANUARY EST UTILITY $17.94 $0.00 . ($1.54)
01116/2008 Assessment- JANUARY ASSESS $101.39 SO.OO ~ {$19.48)
Monthly •.......
01/16/2008 Beginning WORKING eAPIT AL $241.74 $0.00 0($120.87)
Balance c.
01/16/2008 Reserve RESERVE CONTRIB $450.00 $0.00 ($362.61 )
Contribution
01116/2008 -Payment ESC WCIRC/JAN ($812,61) $0.00 ($812.61)

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03/0112010 Assessment- ASSESSMENTS-MONTHLY $111.78 $111.78 $1,980.40
Monthly
02/23/2010 Late Charge LATE CHARGE $15.00 $15.00 $1,868.62
02/0112010 Utility Fee EST UTILITY SRVC FEE $20.83 $20.83 $1,853.62
02/0112010 Assessment- ASSESSMENTS-MONTHLY $111.78 $111.78 $1,832.79
Monthly
01/01/2010 Assessment- Charge Increase $5.32 $5.32 $1,72l.01
Monthly
01/01/2010 Utility Fee Est Utility Srvc Fee $2.89 $2.89 $1,715.69
0110112010 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $1,712.80
0110112010 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $1,694.86
Monthly ,
12/2112009 Late Charge LATE CHAR(HL"", ... :-~_V',.,__ .,..~.,..,_..•.•.•:••. $15.00 $15.00 $1,588.40
12/0112009 Utility Fee EST UTILITY.~'§.i~"1C r:.~:~:i,. ,- ..
, $17.94 $17.94 $1,573.40
12/0112009 Assessment- ASSESSMENTS:MONTHL Y $106.46 $106.46 $1,555.46
Monthly
11120/2009 Late Charge LATE CHARGE $15.00 $15.00 $1,449.00
1110112009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $1,434.00
11101/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $1,416.06
Monthly
10/2312009 Late Charge LATE CHARGE $15.00 $15.00 $1,309.60
10/0112009 Utility Fee EST UTILITY SR VC FEE $17.94 $17.94 $1,294.60
10/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $1,276.66
Monthly
09/21/2009 Late Charge LATE CHARGE $15.00 $15.00 $1,170.20
09/01/2009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $1,155.20
09/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 ;-$.,t,137.26
Monthly _._.
c:: .
~.
08/24/2009 Late Charge LATE CHARGE $15.00 $15.00 ,,§))B:O.80
08/01/2009 Utility Fee EST UTILITY SR VC FEE $17.94 $17.94 lfl9.!5.80
08/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 1'<19.17.86
-'-"
Monthly f'" "
07/2112009 Late Charge LATE CHARGE $15.00 $15.00 : $'891.40
07/0112009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 . ~876.40
07/0l/2009 Assessment- ASSESSMENTS-MONTHLY.,. .. , $106.46 $106.46 "$85846
(/':. .
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06118/2009 Late Charge LA TE CH~R;g13};;t-S' ~);i:;~

__
.~,:,_,=__ '"-<~,.'. . $15.00 $15.00 ~652.00
06/0112009 Utility Fee EST UTILITY S'R\iC FEE' . $17.94 $17,94 $737.00
06/0112009 Assessment- ASSESSMENTS-MONTHL Y $106.46 $106.46 $719.06
Monthly
05119/2009 Late Charge LATE CHARGE $15.00 $15.00 $612.60
05/0112009 Utility Fee EST UTILITYSRVC FEE $17.94 $17.94 $597.60
05101/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $579.66
Monthly
04120/2009 Late Charge LATE CHARGE $15.00 $15.00 $473.20
04/0112009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 $458.20
04/0112009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $440.26
Monthly
03/23/2009 Cert Lien Ltr Cert Lien Ltr $35.00 $35.00 $333.80
03/23/2009 Late Charge LATE CHARGE $15.00 $15,00 $298.80
03/01/2009 Utility Fee EST UTILITY SRVC FEE $17.94 $17.94 5283.80
03/01/2009 Assessment- ASSESSMENTS-MONTHLY $106.46 $106.46 $265.86
Monthly
 , , ....•
04/01/2008 Assessment- ASSESSMENt'S;~MONmt:y'.' $101.39 $0.00 $101.39
Monthly :,
03/04/2008 -Payment Lckbx Pmt (SI19.33) $0.00 $0,00
03/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0.00 $119.33
03/01/2008 Assessment- ASSESSMENTS-MONTHLY SI01.39 SO.OO SI01.39
Monthly
02/0612008 -Payrnent Lckbx Pmt ($117.79) $0.00 $0.00
02/0112008 Utility Fee EST UTILITY SRVC FEE $17.94 $0,00 $117,79
02/0112008 Assessment- ASSESSMENTS-MONTHLY $101.39 $0,00 $99.85
Monthly
01/0912008 -Payment ESC WCIRCIJAN (S812.61) $0.00 ($1.54)
01109/2008 Assessment- JANUARY ASSESS $101.39 $0.00 $811.07
Monthly
0]/09/2008 Beginning WORKING eAPIT AL S241.74 $0.00 $709.68
Balance
01/09/2008 Reserve RESER VE CONTRIB $450.00 $0.00 $467.94
Contribution
01/0912008 Utility Fee JANUARY ESTlITILITY $17.94 $0.00 S17.94

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