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ICCA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
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Feb-03-2009 4:03 pm
Case Number: CGC-08-482520
Filing Date: Feb-03-2009 9:27
Juke Box: 001 Image: 02391582
SUMMONS ON COMPLAINT FILED BY PLAINTIFF
MIDLAND FUNDING LLC ASSIGNEE OF FCNB-SPIEGEL VS. NICOLE CULLEN et al
001002391582
Instructions:
Please place this sheet on top of the document to be scanned.~ ORIGINAL
ATTORNEY OF PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
ERICA L. BRACHFELD 1890683
BRACHFELD & ASSOCIATES, P.C.
20300 S. VERMONT AVE., SUITE 120
TORRANCE, CA 90502-1338
TeLepHone: (310) 273-7867
ATTorNey FoR, PLAINTIFF
SAN FRANCISCO SUPER.COURT/S.F.
STREET ADDRESS: per rule 2.150 (a) (8):
MAILING ADDRESS: the address of the court is not required
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER: MIDLAND FUNDING LLC ASSIGNEE OF FCNB-SPIEGEL case NUMBER:
DEFENDANT/RESPONDENT: NICOLE CULLEN CGC08482520
lt. Ref. or File No.:
PROOF OF SERVICE OF SUMMONS cc027711
{Separate proof of service is required for each party served.)
1. At the time of service I wae at least 18 years of age and not a party to this action.
2. I served copies of:
SUMMONS; COMPLAINT;
3. a. [XX] party served
NICOLE CULLEN
b.[_] Person (other than the party in item 3a) served on behalf of an entity or a8 an authorized agent {and not
@ person under item 5b on whom substituted service was made) (specify name and relationship to the party
named in item 3a):
4. Address where the party was served: 80 RICO WAY
SAN FRANCISCO, CA 94123
S. I served the party (check proper box)
tb. [XX] by substituted service. on (date): 01/12/09 at (time): 7:15 PM I left the documents listed in item 2
with in the presence of:
JOHN DOE (REFUSED NAME), CO-TENANT
Desceriptica: uc, Male, 50 yrs old, 5' 3" tall, 160 lbs., BROWN hair,
house er
(2) [XX] (home) a competent member of the houselwid {et least 23 years of age} at the du
usual place of abode of the party. I informed him or her of the general nature of the papers.
(4) [XX] 1 thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be
served at the place where the copies were left (Code Civ, Proc., 415.20). Tf mailed the documents
on (date); 01/14/09 from (city): WALNUT CREEK or [_.] a declaration of mailing ie attached.
(5) [XX] 1 attach a declaration of diligence stating actions taken first to attempt personal service.
Computer-generated form PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, 417.10
Judicial Council of california Ur f
POS-020 (Rev. January 1, 2007) 60: 17 cmorenovo c €
PLAINTIFF/PETITIONER: MIDLAND FUNDING
LLC ASSIGNEE oF FCNB-SPIEGEL CASE NUMBER:
DEFENDANT/RESPONDENT: NICOLE CULLEN
CGC08482520
a tw by mail and acknowledgment of receipt of service, I mailed the documents listed
in item 2 to the party, to the address shoun in Ttem 4, by first-class mail,
postage prepaid,
(2) on (date):
(3) [__] with two copies of the Notice and Acknowledgment of Receipt (form 982 (a) (4)
icpe addressed to me. (Attach completed
Notice and Acknowledgement of Receipt (form 982(a) (41.1 (Code of civ,
Proc., 415.30).)
(4 [__] to an address outside California wii
(Coda Civ. Proc., 425.40)
4. [__] by other means specify means of service and authorizing code section);
th return receipt requested,
6. The "Notice to the Person Served® (on the summons) was completed as follows:
4. [XX] as an individual defendant.
>.L_] aw the person sued under the fictitious name of (epectty) :
¢.[__] as occupant/tenant.
4.[__] on behait of;
under the following Code of Civil Procedure section;
ociation or partnership) 415.46 (occupant/tenant)
(__] cep ais.10 (corporation) (_} 416.60 (minor)
(__) 416.20 (defunct corporation) (__] 416.90 (ward or conservatee)
C_] 416.20 (goine stock OF Company association) [) 416.90 (authorized person)
(J aae.a0 (_)
]
416.50 {public entity) t others
Jj
(__] ccp 415.95 (business organization, form unknown)
7. Person who served papers
a. Name; V. BLAMA
b. Address: 7124 Owensmouth Ave., # 106, Canoga Park CA 91303
€- Telephone number: (818) 763-6931
d. The fee for service was: $ 67.00
(recoverable under CCP1033.5{a) (4) (B))
e. Tam:
(2) E_] not a registered california process server.
(2) f__] exempt from registration under Business and Professions Code
Section 22350(b).
(3) [XX] registered california Proce:
rvert
(4) (__) omer (1 eEwptoyee (XX) rndependent contractor.
(i)Registration Ko.: 856
(111)county: ALAMEDA
6. (XX] 1 declare under Penalty of perjury under the laws uf the State of California that
the foregoing is true and correct,
Date: 01/15/09
Vv, BLAM
{NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)
2
Computer-generated form PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, 417.10
Judicdal Council of california
POS-010 (Rev. January 1, 2007) GO: 17
:
or
9.U__] 1 ama california sheritt or marahal and I certify that the foregoing is true and correct.° Cc
~
POS-010
ATTORNEY OF PARTY WITHOUT ATTORNEY (tame, State Bar number, and address): POR COURT USE onty
ERICA L. BRACHFELD 180683 OH
BRACHFELD & ASSOCIATES, P.c.
20300 S. VERMONT AVE., SUITE 120
TORRANCE, CA 90502-1338
TELEPHONE: (310) 273-7867
ATTORNEY FOR (Name): PLAINTIFF
SAN FRANCISCO SUPER. COURT/S.F,
STREET AbURESS: per rule 982.9 (a) (8)
MAILING ADDRESS: the address of the court is not required
CITY AND ZIP CODE:
BRANCH NAME: SAN FRANCISCO. SUPER.COURT/S.F.
Ce
PLAINTIFF/PETITIONER: MIDLAND FUNDING LLC ASSIGNEE OF FCNB-SPIEGEL case RUMBER:
DEFENDANT/RESPONDENT: NICOLE CULLEN cG6c08482520
Ref. or File No.:
Declaration of Diligence 17082132671
T received the within process on 12/09/08 ana that after due and diligent effort, x have been unable to effect
Personal service on the within named party. Dates and tines of attempts with reported details are listed below,
Goata for diligence pertaining to substituted service 1s recoverable under C.C.P. 1033.5¢a) (4) (B) ,
Servee: NICOLE CULLEN
Home address: 80 RICO way
SAN FRANCISCO, CA 94123
Business address; Un CHown.
01/01/83 AM
12/21/08 10:25AM No answer at residence on current attempt NO VISUAL ACTIVITY
12/24/08 9:23am No answer at residence on current attempt NO VISUAL ACTIVITY
12/27/08 2:15PM No answer at residence on current attempt
12/31/08 9:07AM No answer at residence on current attempt NO VISUAL ACTIVITY
01/03/09 8:35PM No answer at residence on current attempt NO CHANGES;
01/12/09 7:15PM NOT HERE PER "JOHN DOE," CO-OCcCUPANT
01/12/09 7:15PM SUBSTITUTED SERVICE
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Person serving {name, address, and telephone No.): Fee for service: $ 67.00
70004 {recoverable per €,¢.P. 1033.5 (a) (4) (B))
Vv. BLAMA (_] wot @ registered california Process server.
7124 OWENSMOUTH AVE, » #106 [__} exempt trom registration under B&P 22350(b).
CANOGA PARK, CA 91303 (XX) Registered california Process server,
(818) 763-6931 (1) Employee or independent contractor.
(2) Pagter: xo. O56
Date: 01/15/09
Form Adopted by rule 962
962.9 (a) (5)
Declaration of Diligence