D101 CV 2020 01797

By on September 11, 2020

SUMMONS
District Court:
Santa Fe County, New Mexico
Court Address: P.O. Box 2268
225 Montezuma, Ave.
Santa Fe, New Mexico 87504/87501
Court Telephone No.:
505-455-8250
Case Number:
D101 CV 2020 01797
Judge: FRANCIS J. MATHEW
Plaintiff(s): Annette D. Arambula
v.
Alexander P. Valenzuela,
Vidal Aragon, Judy M. Aragon,
Maria Aragon
Defendant(s)
Defendant Vidal Aragon
324 Jane Street NE
Albuquerque, NM 87123
TO THEABOVE NAMED DEFENDANT(S): 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 (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
fileyour 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; 1-800-876-6657; or 1-505-797-6 066.
Dated at , New Mexico, this day of , 20
KATHLEEN VIGIL
CLERK OF COURT
By: _ _ _ _
Deputy
Attorney for Plaintiff or Plaintiff pro se
Name: ANNETTE D. ARAMBULA
Address: 201 WAYNE ROAD NW, ALBUQ. NM 87114
Telephone No.: 480-241-9279
Fax No.: ·
Email Address: MOSHAVJALISCO@GMAIL.COM
STATE OF NEW MEXICO
COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT
No. D-101-CY-2020-01797
ANNETTE O. ARAMBULA,
Plaintiff,
V.
PARTY ONE: ALEXANDER P. VALENZUELA;
PARTY TWO: VIDAL ARAGON,
JUDY ARAGON, and
MARIE ARAGON
PARTY THREE: ALL UNKNOWN PARTIES
Defendants.
AFFIDAVIT OF NON-SERVICE
James M. Curry being first duly sworn, upon oath states:
1. I am over the age of eighteen years and not a party to this action.
2. I was given for service in this action the summons, complaint, and a Notice of Judge Excusal and instructed to find and serve the members of the Party Two group, Vidal Aragon. Judy M. Aragon and Marie Aragon.
3. I was given a starting address for all three defendants of 324 Jane Street NE, Albuquerque, New Mexico, 87123.
4. Several months earlier I had been given a similar assignment in a parallel case No. D-101-CV-2020-01005, against the same Defendants.
5. On that prior occasion I had visited the residence and been told by the person answering the door that there were no residents there named “Aragon” and that the current residents has no knowledge of any prior occupancy at that location by anyone named “Aragon.”
6. On that same visit I also interviewed the mailman delivering mail to that address who showed me the name ‘ Spiller” on the mailbox itself and confirmed that he delivers mail to the Spillers and was himself unaware of any previous residents named “Aragon.”
7. On August 3, 2020, I visited the given address of 324 Jane Street NE, Albuquerque, New Mexico, 87123, and again was told at the door that there was no person named “Aragon” living there or known to have done so; the only difference is that the customized mailbox is gone and replaced by suitable landscaping, and a community mailbox bas been installed across the street which serves the entire neighborhood; so the confirmation of my prior visit is only memorialized in the Affidavit of Non-Service that I filed in the earlier action.
8. I consulted public records in the New Mexico Courts database and determined that there are so many people named Vidal, Judy M. or Marie Aragon that pulling all possible files would be labor intensive and would not have the cooperation of the court clerks involved.
9. The Metropolitan Court docket record shows that Vidal B. Aragon and July M. Aragon as landlords sued a tenant, Sharon Sentell, in cause No. T-4-CV-19941664, but only the Defendant had counsel and the matter resolved immediately without a further record; without digging out the file, this only proves that those parties were property owners or managers in 1994.
10. I went to the Metropolitan Court Clerk and pulled several files involving similarly named defendants and looked for a connection to the known address of 324 Jane Street NE and did not find anything that matched.
11. With appropriate due diligence I did not find Vidal Aragon, Judy M. Aragon, or Marie Aragon for service and believe that service by publication will be necessary.
This ends my affidavit of non-service.
/s/ James M. Curry
James M. Curry
Post Office Box 13073
Albuquerque, New Mexico 87192
Telephone (505) 296-8296, (505) 362-5027
E-mail jcurryinnm@gmail.com
RULE 1-011 (B) NMRA(2008 Recomp.) SELF-AFFIRMATION IN LIEU Of NOTARIZATION UNDER OF THE RULES OF CIVIL PROCEDURE FOR THE DISTRICT COURTS OF THE STATE OF NEW MEXICO
I, James M. Curry, under penalty of perjury under Section 30-25-1 NMSA (1978) of the laws of the State of New Mexico, affirm that all statements by me in the foregoing document are true and correct to the best of my knowledge and belief, after sufficient inquiry to be sure that what I said is so, as of the date I have written beside my signature below.
/s/ James M. Curry 9/3/20
James M. Curry
HCS Pub. September 11, 18, 25, 2020

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