Proof of Service Complaint Petition Claim

Cal. Super. - 6th Dist.January 15, 2021

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State, Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: CASE NUMBER: Ref. No. or File No.: Robert Scott Kennard (117017), Joseph Helfrick (314259), Kristen Sleezer (321178), Joseph Helfrick (314258) Nelson & Kennard 5011 Dudley Blvd Building 250, Bay G McClellan, CA 95652 916-920-2295 Cavalry SPV I, LLC as assignee of Citibank, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ 701 Ocean Street, Room 110 701 Ocean Street, Room 110 Santa Cruz 95060 Santa Cruz Main Courthouse Cavalry SPV I, LLC as assignee of Citibank, N.A. Rutherford, Kimberly 21CV00096 PROOF OF SERVICE OF SUMMONS 20-19430 1. At the time of service I was at least 18 years of age and not a party to this action. 2. I served copies of (specify documents): Summons; Complaint; Civil Case Cover Sheet; CASE MANAGEMENT INFORMATION AND SETTING B Y FA X 3. a. Party served (specify name of party as shown on documents served): Kimberly Rutherford b. Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b whom substituted service was made) (specify name and relationship to the party named in item 3a ): 4. Address where the party was served: 1775 48th Ave, Capitola, CA 95010-2831 5. I served the party (check proper box) a. X by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to receiveservice of process for the party (1) on (date): 01/24/2021 at (time): 5:31 PM Kimberly Rutherford, Who accepted service in accordance with social distancing requirements (placed the documents in a clearly visible place at least six feet away from the subject and advised the subject to retrieve them after stepping away), with identity confirmed by subject stating their name, a brown-haired white female approx. 55-65 years of age, 5'4"-5'6" tall and weighing 120-140 lbs. b. by substituted service. On (date): at (time): I left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. I informed him or her of the general nature of the papers. (2) (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. I informed him or her of the general nature of the papers. (3) (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. I informed him or her of the general nature of the papers. (4) I thereafter caused to be 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). Documents were mailed (5) I attach a declaration of diligence stating actions taken first to attempt personal service. on (date): from (city): or a declaration of mailing is attached. Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California POS- 010 [Rev. January 1, 2007] Code of Civil Procedure. § 417.10 PROOF OF SERVICE OF SUMMONS Tracking #: 0063926397 REF: 20-19430 ELECTRONICALLY FILED Superior Court of California County of Santa Cruz 1/26/2021 10:32 AM Alex Calvo, Clerk By: Richard Kersten Seago, Deputy PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: Cavalry SPV I, LLC as assignee of Citibank, N.A. Rutherford, Kimberly CASE NUMBER: 21CV00096 c. by mail and acknowledgement of receipt of service. I mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): (3) (4) d. 6. The “Notice to the Person Served” (on the summons) was completed as follows: a. X as an individual defendant. as the person sued under the fictitious name of (specify):b. as occupant.c. d. under the following Code of Civil Procedure section: 416.10 (corporation) 416.20 (defunct corporation) 416.30 (joint stock company/association) 416.40 (association or partnership) 416.50 (public entity) 415.95 (business organization, form unknown) 416.60 (minor) 416.70 (ward or conservatee) 416.90 (authorized person) 415.46 (occupant) other: 7. Person who served papers a. Name: Aileen Garay b. Address: 1628 N. Main Street, #213, Salinas, CA 93906 c. Telephone number: 786-400-6486 d. The fee for service was: $ 77.00 e. I am: (1) not a registered California process server. (2) exempt from registration under Business and Professions Code section 22350(b). (3) X registered California process server: (i) owner employee X independent contractor. (ii) X Registration No.: PS0217 Monterey(iii) X 8. X 9. Date: ______________ Aileen Garay (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) (SIGNATURE) B Y FA X with two copies of the Notice and Acknowledgement of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30) to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40) by other means (specify means of service and authorizing code section): Additional page describing service is attached. On behalf of (specify) I am a California sheriff or marshal and I certify that the foregoing is true and correct. or I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. County: For: Registration #: County: ABC Legal Services, LLC 6779 Los Angeles POS-010 [Rev. January 1, 2007] Page 2 of 2 PROOF OF SERVICE OF SUMMONS Tracking #: 0063926397 REF: 20-19430 01/26/2021