No: D-202-CV-2017-08705

By on February 23, 2018

SUMMONS
STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
Case No: D-202-CV-2017-08705
Court Address:
Court Telephone No:
Judge: Judge Alan Malott
PATRICK WILLIAM WOODFORD, as Personal Representative of the Estate of Michael James Woodford.
Plaintiff,
v.
R.D. STROUD, a single man, and the unknown heirs and unknown devisees of the foregoing defendant who may be deceased or fictions; the unknown owners, claimants or parties in interest of, in and to, all or part of the following described real property situate in Bernalillo County, State of New Mexico, more particularly described as follows:
105 48th S.W. South 35 feet of Lot 1 in Block 4 of the Zimmerman Addition to the City of Albuquerque, as filed with the County Clerk on January 30, 1937. Subject to reservations, restrictions and easement of record.
and
132-134 48th S.W. Lot 30 in Block 2 of the Owens Addition to the City of Albuquerque, as filed with the County Clerk on May 29, 1940. Subject to existing Woodford pays Jackson Real Estate Contract filed February 13, 1986. Subject to reservations restrictions and easement of record.
and
136-138 48th S.W. Lot 29, the East 16 feet of Lot 10 and the East 15 feet of Lot 11 in Block 2 of the Owens Addition to the City of Albuquerque, as filed with the County Clerk on May 28, 1940. Subject to existing Woodford pays Goodrich Real Estate Contract filed September 1, 1983. Subject to reservations restrictions and easement of record.
Defendants:
TO THE ABOVE-NAMED DEFENDANT: Take notice that

1. A lawsuit has been filed against you. A copy of the lawsuit is attached. The Court
issued this Summons.
2. You must respond to this lawsuit in writing. You must file your written response
with the Court no later than thirty (30) days from the date you are served with this Summons.
(The date you are considered served with the Summons is determined by Rule 1-004 NMRA)
The Court’s address is listed above.
3. You must file (in person or by mail) your written response with the Court. When
you file your response, you must give or mail a copy to the person who signed the lawsuit.
4. If you do not respond in writing, the Court may enter judgment against you as
requested in the lawsuit.
5. You are entitled to a jury trial in most types of lawsuits. To ask for a jury trial, you
must request one in writing and pay a jury fee.
6. If you need an interpreter, you must ask for one in writing.
7. You may wish to consult a lawyer. You may contact the State Bar of New Mexico
for help finding a lawyer at www.nmbar.org; 1-800-876-6227; or 1-505-797-6066.
8. In the Complaint, the Plaintiff is claiming that he has acquired title to the property described above by adverse possession, and that title to the above-described property should be quieted in the Plaintiff. The Plaintiff is asking the Court to declare that the above-named Defendants have no right or interest to the above-described property, and that the Defendants be forever enjoined and debarred from asserting any claim whatsoever in said property.
Dated at , New Mexico, this 1/5/2018 day of January 2018.
JAMES A. NOEL
CLERK OF DISRICT COURT
By:
Deputy Clerk
THE LAW OFFICES OF ERIKA E. ANDERSON
Erika E. Anderson
2025 Rio Grande Blvd. NW
Albuquerque, NM 87104
(505) 944-9039
(505) 243-3534 Fax
erika@eandersonlaw.com
Attorneys for Plaintiff
THIS SUMMONS IS ISSUED PURSUANT TO RULE 1-004 NMRA OF THE NEW MEXICO
RULES OF CIVIL PROCEDURE FOR DISTRICT COURTS.
RETURN
STATE OF NEW MEXICO )
ss.
COUNTY OF BERNALILLO )
I, being duly sworn, on oath, state that I am over the age of eighteen (18) years and not a party to
this lawsuit, and that I served this summons in ____________________ county on the _____ day of
__________________, 2017, by delivering a copy of this summons, with a copy of complaint
attached, in the following manner:
(check one box and fill in appropriate blanks)
[ ] to the defendant ____________________ (used when defendant accepts a copy of
summons and complaint or refuses to accept the summons and complaint)
[ ] to the defendant by [mail] [courier service] as provided by Rule 1-004 NMRA (used
when service is by mail or commercial courier service).
After attempting to serve the summons and complaint on the defendant by personal service or by mail or commercial courier service, by delivering a copy of this summons, with a copy of
complaint attached, in the following manner:
[ ] to _________________________, a person over fifteen (15) years of age and residing at the usual place of abode of defendant _________________, (used when the defendant is not
presently at place of abode) and by mailing by first class mail to the defendant at
__________________ (insert defendant’s last known mailing address) a copy of the summons
and complaint.
[ ] to _________________, the person apparently in charge at the actual place of
business or employment of the defendant and by mailing by first class mail to the defendant at
_____________________ (insert defendant’s business address) and by mailing the summons and complaint by first class mail to the defendant at __________________ (insert defendant’s last known mailing address).
[ ] to _________________________, an agent authorized to receive service of process for defendant _________________________.
[ ] to________________________, [parent] [guardian] [custodian] [conservator] [guardian ad
litem] of defendant _________________________ (used when defendant is a minor or an incompetent person).
[ ] to __________________________ (name of person), _________________________,
(title of person authorized to receive service. Use this alternative when the defendant is a corporation or an association subject to a suit under a common name, a land grant board of trustees, the State of New Mexico or any political subdivision).
Fees: ___________________________________
___________________________________
Signature of person making service
___________________________________
Title (if any)
Subscribed and sworn to before me this _____ day of ________________, 2018.
_________________________________________________
Judge, notary or other officer authorized to administer oaths
___________________________________
Official title
HCS Pub. February 23, March 2, 9, 16, 2018

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